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HomeMy WebLinkAbout20190922 Ver 1_PCN Form Submission_20190801DR 02*10n of Water R"Ourc" Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned * Version#* 20190922 1 Is a payment required for this project?* * No payment required What amout is owed?* * Fee received r $240.00 r Fee needed - send electronic notification r $570.00 Reviewing Office* Select Project Reviewer* Central Office - (919) 707-9000 Mac Haupt:eads\dmhaupt Information for Initial Review 1a. Name of project: Yadkin Valley Umbrella Mitigation Bank: Critcher Brothers Mitigation Site 1a. Who is the Primary Contact?* Ian Eckardt (Wildlands Engineering, Inc.) 1b. Primary Contact Email:* ieckardt@Wldlandseng.com Date Submitted 8/1/2019 Nearest Body of Water Fishing Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: Longitude: 36.164088 -81.038532 A. Processing Information County (or Counties) where the project is located: Wilkes Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) F Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (NWP) F- Regional General Permit (RGP) r- Standard (IP) 1c. Primary Contact Phone:* (704)332-7754 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: rJ 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 27 - Restoration 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - E)press r Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r- Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r- Yes r- No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r- Yes r No B. Applicant Information 1d. Who is applying for the permit? F- Owner PF Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: 1.) Critcher Brothers Produce, Inc.; 2.) Jeffrey Bryan Keller & Jason Bartlett Keller 2b. Deed book and page no.: 1.) DB: 835/ PN: 86; 2.) DBA 124 / PN: 124 2c. Responsible party: Wildlands Holdings IV, LLC (Wildlands Engineering, Inc.) POC: Shawn Wilkerson 2d. Address Street Address 1430 South Mint Street, Suite 104 Address Line 2 aY Charlotte Postal / Zip Code 28203 2e. Telephone Number: (704)332-7754 29. Email Address:* sWlkerson@Wldlandseng.com 3. Applicant Information (if different from owner) 3a. Name: Wildlands Engineering, Inc. (POC: Emily Reinicker) State / Rmince / Pagion NC Country us 2f. Fax Number: (704)332-3306 r Yes r No ryes r No 3b. Business Name: 3c.Address Street Address 1430 South Mint St. Suite 104 Address Line 2 Cfty Charlotte Postal / Zip Code 28203 3d. Telephone Number: (704)332-7754 3f. Email Address:* ereinicker@Wldlandseng.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Wilkesboro, NC 2. Project Identification 2a. Property Identification Number: 3898-75-5006,4808-05-1674,3898-95-2202 2c. Project Address Street Address 502 Robin Hill Rd. Address Line 2 cfty North Wilkesboro, NC Postal / Zip (ode 28659 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Fishing Creek 3b. Water Resources Classification of nearest receiving water:* C 3c. What river basin(s) is your project located in?* Yadkin-PeeDee 3d. Please provide the 12 -digit HUC in which the project is located. 030401010401 4. Project Description and History State / Province / legion NC Country US 3e. Fax Number: (704)332-3306 2b. Property size: 72.8 (Conservation easement) State / Province / legion NC Country US 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The project area is in a rural watershed in southeast Wilkes County. Land use in the vicinity of the project includes agriculture and forest. The Site is currently used for cattle grazing and is partially forested. Site streams are primarily degraded and exhibit areas of active bank erosion, excess fine sediment loading, poor in -stream habitat features, and limited riparian buffers due to agricultural practices. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? r Yes F No r Unknown 4d. Attach an 8 1/2 X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure 3 - USGS Map.pdf 664.24KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure4_SoilsMap.pdf 721.68KB 4f. List the total estimated acreage of all existing wetlands on the property: 1.46 acres of wetlands within or immediately adjacent to the project area. 4g. List the total estimated linear feet of all existing streams on the property: Approximately 30,494 linear feet (LF) of intermittent and perennial channel on project parcels within or immediately adjacent to the project area. 4h. Explain the purpose of the proposed project:* The purpose of the project is to provide stream mitigation credits in the Yadkin River Basin 03040101 (Yadkin 01) service area. Mitigation will include stream restoration, enhancement (EI & Ell), and preservation activities. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The project proposes stream restoration, enhancement (EI & Ell), and preservation to over 29,000 LF of channel. Stream restoration and enhancement will be achieved through natural channel design. Stream restoration activities include Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of new channels within existing Floodplain and Priority 2 will involve the excavation of new channel and floodplain at reach transitions and project boundaries. Dimension, pattern, and profile have been designed for all restoration reaches to provide a cross-sectional area sized for frequent overbank flows onto a well-connected floodplain, a stable bed with variable bed forms, well -vegetated bank slopes, and improvements to aquatic habitat and water quality. Enhancement I will include a combination of localized channel reconstruction (similar to restoration) and sections of enhancement 11- type ktype treatments consisting of leaving the existing channel in place and performing localized bank stabilization. For Enhancement II reaches, the existing channel will be left in place with localized bank stabilization and in -stream structure placement as well as livestock exclusion and riparian buffer planting. Excavators will be used for channel excavation and bank grading, while articulated and track trucks will be used for hauling soil. Small equipment such as mini excavators and skid steers may also be used during grading activities. All project reaches will be placed in a conservation easement to protect the project in perpetuity. The project stream banks and floodplains will be planted with native tree and shrub species to re- establish a wooded riparian buffer in areas that are currently lacking buffer. 4j. Please upload project drawings for the proposed project. Yadkin Valley Umbrella Mitigation Bank- Critcher PCN Plan Set.pdf 56.21 MB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes f No 4 Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: SAW -2017-01913 Sc. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Ian Eckardt Agency/Consultant Company: Wildlands Engineering, Inc. Other 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR A preliminary jurisdictional determination was issued by the USACE on October 30, 2018. 5d1. Jurisdictional determination upload SAW -2017-01913 PJD.pdf 5.26MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): W Wetlands W Streams -tributaries F_ Open Waters F Pond Construction 2. Wetland Impacts F Buffers f"�l 2a1Reason(?) 2b. Impact type*(?) 2c. Type of W. 2d. W. name 2e. Forested* 2f. Type of 2g. Impact Jurisdicition*(?) Iarea* W1 Fill for stream restoration P Headwater Forest Wetland A No Both ]0.015 (acres) W2 Fill for streamHeadwater restoration P Forest Wetland B Both 0.004 (acres) W3 Filling for stream P Headwater Forest Wetland C No Both 0.016 3h. Impact restoration ffi (?) (axes) W4 Excavation for streamP S1 Headwater Forest Wetland D No Both 0.024 Both restoration 2,179 (acres) W5 Minor grading T Bottomland Hardwood Forest Wetland E No Both 0.008 SFFC Reaches 4&5 Perennial Both 30 166 (acres) W6 Excavation for stream P Bottomland Hardwood Forest Wetland E (linearfeet) Both 0.013 Permanent restoration SFFC Reaches 5 - 9 Perennial Both 30 2,952 (acres) W7 Fill for stream P Bottomland Hardwood Forest Wetland E No Both 0.014 � restoration Permanent Stabilization SFFC Reach 9 Perennial Both (acres) W8 Minor grading T Bottomland Hardwood Forest Wetland F No Both 0.017 Average (feet) (linear feet) 35 Restoration Permanent Relocation SFFC Reaches 9 - 11 (acres) W9 Fill for stream P Bottomland Hardwood Forest Wetland H No Both 0.006 restoration Average (feet) (ir�rfeet) S6 Restoration Permanent (acres) W10 Excavation for stream P Bottomland Hardwood Forest Wetland H Both 0.015 restoration Average (feet) linear feet) (acres) W11 Fill for stream P Bottomland Hardwood Forest Wetland H No Both 0.030 restoration (feet) (acres) W12 Construction access to T Headwater Forest Wetland K Yes Both 0.002 826 install grade control log (acres) Average (feet) sills S9 Restoration Permanent Relocation Critcher Trib C Perennial W13 Minor grading T Bottomland Hardwood Forest Wetland N No Both 0.012 () W14 Minor grading T Bottomland Hardwood Forest Wetland O No Both 0.019 (acres) W15 Fill for stream PBottomland Hardwood Forest Wetland P Yes Both 0.010 restoration (�) W16 Construction access for T Bottomland Hardwood Forest Wetland P Yes Both 0.008 stream restoration (acres) W17 Construction access for T Headwater Forest Wetland Q Yes Both 0.011 stream restoration (acres) 2g. Total Temporary Wetland Impact 0.077 2g. Total Wetland Impact 0.224 2h. Comments: Temporary wetland impacts include disturbance for construction access and minor grading. 3. Stream Impacts 2g. Total Permanent Wetland Impact 0.147 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* name* 3e. Stream Type *]3f. Type of 3g. S. width* 3h. Impact ❑ ffi (?) Jurisdiction* length* S1 Restoration Permanent Relocation South Fork Fishin Creek 9 Perennial Both 27 2,179 (SPEC) Reaches 2 & 3 Average (feet) (lirt�rfeet) S2 Enhancement/Restoration Permanent Fill SFFC Reaches 4&5 Perennial Both 30 166 Average (feet) (linearfeet) S3 Restoration Permanent Relocation SFFC Reaches 5 - 9 Perennial Both 30 2,952 Average (feet) (lir�esrfeet) � Enhancement Permanent Stabilization SFFC Reach 9 Perennial Both 30 40 Average (feet) (linear feet) 35 Restoration Permanent Relocation SFFC Reaches 9 - 11 Perennial Both 30 1,762 Average (feet) (ir�rfeet) S6 Restoration Permanent Relocation Critcher Tributary (Tr ry ( ) Intermittent Both 6 201 Reach 1 Average (feet) linear feet) Restoration Permanent Relocation fZ—Tribher Reaches 1 - 4 Perennial BothAverage (feet) linear feet) S8 Restoration Permanent Relocation Critcher Trib A Perennial Both 8 826 Average (feet) (pnear feet) S9 Restoration Permanent Relocation Critcher Trib C Perennial Both 3 125 —] Average (feet) (ir�rfeet) S10 Restoration Permanent Relocation Critcher Trib D Intermittent Both 2 106 Average (feet) (ir�ear feet) S11 Enhancement 7 Permanent Fill Antioch Trib Reach 1 Intermittent Both 9Aver�e(feet) 2(6linear fed) S �2�RestoratlonAverage Permanent Relocation Antioch Trib Reaches 2 - 4 Perennial Both 9 1,392 (feet) (linear feet) S �3�CulvertAverage 7 Permanent Culvert Antioch Trib Reach 4 Perennial Both 9 33 (feet) (linear feet) S �4�RestorationAverage Permanent Relocation Antioch Trib Reach 4 Perennial Both 9 127 (feet) (linear feet) S �5�RestorationAverage Permanent Excavation Antioch Trib A Perennial Both 5 39 (feet) (Rrx�rfeet) S �6�CulvertAverage Permanent Culvert Antioch Trib A Perennial Both 5 31 (feet) (linear feet) S �7�RestorationAverage Permanent Relocation Antioch Trib A Perennial Both 5 152 (feet) (liner feet) S78 Restoration Permanent Relocation Antioch Trib B Reach 2 Perennial Both 8 413 Average (feet) (liner feet) S79 Enhancement Te ora � ry Other Antioch Trib B1 Perennial Both 8 86 Average (feet) (linear feet) S20 Enhancement Te ora � ry Other Antioch Trib C Intermittent Both 3 24 Average (feet) (lirx�feet) S21 Enhancement Permanent � Relocation JChicken Trib 1 Reach 1 Perennial � Both 15 103 Averalge (feet) (linear feet) S22 Culvert Permanent � Culvert Chicken Trib 1 Reach 1 Perennial � Both 15 28 Avenge(feet) (irx�rfeet) S23 Enhancement Permanent � Relocation Chicken Trib 1 Reach 1 Perennial � Both 15 39 Average (feet) (irx�rfe�) S24 Enhancement Te ora mP ry Other Chicken Trib 1 Reach 1 Perennial Both 15 96 Average (feet) (inearfeet) F Restoration Permanent Relocation Chicken Trib 1 Reach 2 Perennial Both 15 629 Average (feet) (linear feet) S26 Culvert 7 Permanent Culvert Chicken Trib 1 Reach 2 Perennial Both 15 49 Avenge (feet) (krrfeet) S27 Restoration Permanent Relocation Chicken Trib 1 Reach 2 Perennial Both 15 152 Aver�e(feet) (irx�feet) 3P8 Fill Permanent Fill Chicken Trib 2 Intermittent Both 5 79 Aver�e(feet) (irx�rfeet) S29 Restoration 7 Permanent Relocation Robin Fill Trib Reaches 1 & 2 Perennial Both 6 1,184 Average (feet) (irx�rfeet) S30 Restoration Permanent Fill Robin Fill Trib A Intermittent Both 3Average 6(in�rfe�) (feet) S 31 Restoration Permanent Fill Robin Fill Trib A Perennial Both 5 99 Average (feet) (lirx�rfeet) S32 Restoration Permanent Relocation Robin Fill Trib B Perennial Both 5 260 Average (feet) (linear feet) S33 Restoration Permanent Relocation Oak Trib Perennial Both 8 456 Average (feet) (linear feet) S34 Restoration Permanent Relocation West Fork Fishing Creek 9 Perennial Both 25 1,457 (WFFC) Reaches 1 & 2 Average (feet) (linear feet) S35 Enhancement 7 Permanent Relocation WFFC Reaches 3 &4 Perennial Both 2Aver�e(feet) 7(inear feet) �6�Culvert 7 Permanent Culvert WFFC Reach 4 Perennial Both 25 33 Average (feet) linear feet) �7�Enhancement 7 Permanent Relocation WFFC Reach 4 Perennial Both 25 627 Average (feet) (ir�ear feet) S38 Enhancement 7 Permanent Fill WFFC Reach 5 Perennial Both 2Avarage 6(irfe�) (feet) S 39 Enhancement Permanent Relocation Magnolia Trib Reach 2 9 Perennial Both 10 153 Avarage (feet) (knear feet) S40 Enhancement Permanent Other Magnolia Trib Reach 2 9 Perennial Both 10 151 Avaage (feet) (linear feet) S41 Restoration Permanent Relocation Shew Ridge Trib Reach 1 & 9 Perennial Both 7 274 2 Average (feet) (hear feet) S42 Restoration Permanent Fill Ironwood Trib Reach 1 Intermittent Both 6 17 Avenge (fed) (Grearfed) S43 Restoration Permanent Relocation Ironwood Trib Reach 1 Perennial Both 6 564 Aver�e(fed) (Inearfeet) S44 Tie in grading 9 9 Tem ora P rY Stabilization Ironwood Trib Reach 2 Perennial Both 6 27 Average (feet) (hear fed) S45 Restoration Permanent Relocation Timber Trib Reach 1 & 2 Perennial Both 7 605 Average (feet) (Yresr fed) S46 Culvert 7 Permanent Culvert Timber Trib Reach 2 Perennial Both 7 32 Avenge (feet) (freer fed) S47 Restoration Permanent Relocation Timber Trib Reach 2 Perennial Both 7 230 Average (fed) (irearfed) 3i. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 21,147 3i. Total stream and ditch impacts: 8565 31. Total temporary stream impacts: 233 3j. Comments: The ePCN form incorrectly totals stream impacts. Total stream impacts is 21,380 LF. Stream impact S19 impact type is listed as other. This impact is for construction access to install log sill structures near the downstream end of the reach. The impact type for stream impact S24 is listed as other and involves the removal of an existing abandoned culvert pipe and associated construction access. The impact type for stream impact S40 is also listed as other for the assumed loss of hydrology this portion of Magnolia Trib may experience when this channel is relocated upstream (S39). No physical impact is proposed at S40. E. Impact Justification and Mitigation U 1. Avoidance and Minimization Ia. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Stream restoration and enhancement will impact project channels during construction; however, these activities are designed to have an overall long- term positive effect using natural channel design techniques throughout to restore and improve stream function and habitat and establish flood storage. Stream impacts will be avoided or minimized to project reaches that exhibit less instability and incision. These reaches are generally proposed for preservation or enhancement ll. Enhancement II will primarily involve fencing out cattle, planting native riparian trees/shrubs, and localized bank stabilization. Stream alignments of restoration reaches were designed to avoid e)dsting wetlands as much as possible and minimize grading impacts. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Project construction will be done in the dry as much as possible through offline construction and pumping around when working in existing online channels which will minimize sedimentation to aquatic systems. Newly constructed channel banks will be stabilized using biodegradable coir fiber matting, seeded, and planted with native riparian species. During construction, a combination of culverts and mud mats will be utilized for temporary construction crossings. Construction practices will follow guidelines from the NC Erosion and Sediment Control Planning and Design Manual. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? r Yes f. No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Compensatory mitigation is not required for activities authorized under a MNP 27 since these activities must result in net increases in aquatic resource functions and services. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: The project is located within the Yadkin River basin which is not part of the INC Riparian Buffer Protection Rules. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: This is a stream mitigation project and will not add any impervious surfaces to the project area. G. Supplementary Information - 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H.0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15ANCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This is a stream mitigation project that will not cause an increase in development nor will it negatively impact downstream water quality. The project area will be protected in perpetuity from future development through a conservation easement. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?' r Yes r No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The U.S. Fish and Wildlife Service (USFWS) database was utilized to identify federally listed Threatened and Endangered plant and animal species for Wilkes County, NC. There are three federal protected species listed for Wilkes County including the bog turtle (Glyptemys muhlenbergii), the Northern long-eared bat (Myotis septentrionalis), and rusty -patched bumble bee (Bombus affinis). A letter was sent to the USFWS on February 8, 2018, requesting a review of the project and comment on potential effects on endangered species or other resources. The USFWS responded on March 7, 2018 and stated for the federally threatened northern long-eared bat, the project "would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule." The USFWS has no known records for the federally threatened bog turtle or suitable habitat in the immediate vicinity of the site; however, occurrences for this species circle the site. The southern population of this species is not subject to section 7 consultation; however, the USFWS recommended that a qualified biologist evaluate the site for suitable habitats. At the recommendation of USFWS, Wildlands conducted a pedestrian survey on May 3, 2018, and no suitable habitat was identified for bog turtle. The USFWS also had no records of any other federally protected species in the project vicinity. Based on the pedestrian survey and correspondence with USFWS, Wildlands believes a "may affect, not likely to adversely affect' determination is appropriate. All correspondence with USFWS is included in the attached appendix. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* r Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* The NOAA Essential Fish Habitat (EFH) Mapper (hftps://www.habitat.noaa.gov/application/efhmapper/indexhtml) was reviewed on 7/9/19 to determine the project will no impact Essential Fish Habitat. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* The NC State Historic Preservation Office (SHPO) was contacted for review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated vdth the stream restoration project. SHPO responded on 3/22/18 that they were "aware of no historic resources which would be affected by the project". 7c. Historic or Prehistoric Information Upload Critcher -SHPO Correspondence. pdf 232.35KB 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* r Yes r No 8b. If yes, explain how project meets FEMA requirements: Wildlands prepared a "No -Rise' Certification for the project. On 5/8/2019, Wildlands received a Floodplain Development permit from the Wilkes County Floodplain Administrator's office. A copy of the permit is included in the Appendix 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Insurance Rate Map (FIRM) Panels 3898 and 4808 for Wilkes Counties, NC on the North Carolina Flood Risk Information System (FRIS) website (hftps://fris.ne.gov/fris/download.aspx?ST=NC) Miscellaneous Comments Miscellaneous attachments not previously requested. Critcher - PCN Appendix_20190729.pdf 17.84MB Signature - P By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Ian Eckardt Signature Alt F Date 8/1/2019 LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 835 Page: 86 County: Wilkes Parcel ID Number: 3898-75-5006 Street Address: 502 Robin Hill Road, Roaring River, NC Property Owner (please print): Critcher Brothers Produce, Inc. 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: 7467 Old 421 South, Deep Gap, NC 28616 Property Owner Telephone Number: 828-963-0287 We hereby certify the above information to be true and accurate to the best of our knowledge. (Propeyify Owner Authorized Signature) (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 1124 Page: 124 County: Wilkes Parcel ID Number: 4808-05-1674, 3898-952202 Street Address: Off Antioch Church Road, Roaring River, NC Property Owner (please print): Jeffrey Bryan Keller and Jason Bartlett Keller. 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: 369 Wildcat Rd., Deep Gap, NC 28618 (if different from above) Qj Property Owner Telephone Number: We hereby certify the above info Owner AVM-rizeld Signature) erty Owner Authorized Signature) to be true and accurate to the best of our knowledge. if-/ /17 (Date) Figures Figure 1.0 Existing Conditions Map - Overview kv,WlLDLANDS 0 700 1,400 Feet Critcher Brothers Mitigation Site E N G I N E E R I N G I I I Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Figure 1.1 Existing Conditions Map - West W 1 L D L A N D S 0 400 800 Feet Critcher Brothers Mitigation Site ENGINEERING Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC jm 4 C, J6, %kWILDLANDS v E N G I N E E R I N G �AAMr{p 5 w Q Project Parcels Proposed Conservation Easement ' Existing Wetland Project Stream -Perennial Project Stream - Intermittent . tri C Reach Breaks �. ,. 0 350 700 Feet I I I Figure 1.2 Existing Conditions Map - East Critcher Brothers Mitigation Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Figure 2.0: Pre -Construction Notification Impact Overview Map *V,WILDLANDS 0 700 1,400 Feet Critcher Brothers Site E N G I N E E R I N G I I I Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Q Project Parcels ■�■ Proposed Conservation Easement Existing Wetland E Wetland Impacts Project Stream - Perennial Project Stream - Intermittent Stream Impact - Restoration • Stream Impact Break Points WI LD LANDS ENGINEERING a S1 -2,179 LF Fok, Permanent x I 4.1 f� .1 $nor mi— c ��• •�■�■f`f, `,,,,•' S7 - 1,898 LF Permanent TIT ♦ , • ♦,♦, S8 -826 LF ��+j■�■ ` Permanent ly!■�•�■ � r� ■ 04 1 ■ � i 1 � r jjj 555. ■ ♦ 0 200 400 Feet I I I �•.. I.A� �/ S i.. � h � •S tq'� V�, Figure 2.1: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Q Project Parcels ■�■ Proposed Conservation Easement Existing Wetland CJ Wetland Impacts Project Stream - Perennial Project Stream - Intermittent Stream Impact - Restoration Stream Impact - Enhancement II Stream Impact - Culvert • Stream Impact Break Points IS14-127 LF Permanent S3 - 2,952 LF * _ Permanent + u S11 - 26 LF Permanent #*, S12 - 1,392 LF PermanentAntioch 7 ' • S15 - 39 LF 513- 33 LI Permanent Permanen S16 - 31 LF Permanent S17 - 152 LF Permanent IS14-127 LF Permanent S3 - 2,952 LF * _ Permanent + u S11 - 26 LF Permanent #*, S12 - 1,392 LF PermanentAntioch 7 ' • S26-49 �WILDLANDS ENGINEERING S9 - 125 LF Permanent rt 1,898 LF ;I* manent *rt`• 7*'* 0 250 500 Feet I I I - 201 LF ,manent �i Figure 2.2: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC 513- 33 LI ;* Permanen S2 - 166 LF Permanent S27 - 152 LF Permanent rt _• -mei■�'. � •oo } S26-49 �WILDLANDS ENGINEERING S9 - 125 LF Permanent rt 1,898 LF ;I* manent *rt`• 7*'* 0 250 500 Feet I I I - 201 LF ,manent �i Figure 2.2: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Q Project Parcels ■�® Proposed Conservation Easement r Existing Wetland Wetland Impacts S4-40 LF r Permanent Project Stream - Perennial S33 -456 LF Permanent .4 Project Stream - Intermittent Stream Impact - Restoration Stream Impact - Enhancement II Stream Impact - Culvert E Stream Impact - Filldb r.. • Stream Impact Break Points .a -0.012AC.- ,* • • t' S30-62 LF , r: C„ • ' Permanent f S3 - ITT, 2 LF Permanent S31 -99 LF t Permanent • .1 S27 - 152 LF Permanent 1 S25 - 629"LF Permanent t lie a 1 �} r i } - - oil 1. } a *% . �•„ ids � + tv,WILDLANDS ENGINEERING S26 - 49 LF Permanent - 28 LF nanent Figure 2.3: Pre -Construction Notification Impact Map 0 200 400 Feet Critcher Brothers Site I I I t Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC �WILDLANDS ENGINEERING i 7 c eti y i ° i.• _ N Permanent Ar O ams MF Q Tr ilr + 4 " t ` Q Project Parcels �•�• Proposed Conservation Easement Existing Wetland ills _ E_7 Wetland Impacts Project Stream - Perennial S42 - 1�7LF Permanent —"'—'• Project Stream - Intermittent Stream Impact - Restoration Stream Impact - Enhancement I Stream Impact - Stabilization Stream Impact - Culvert + r r Ilk �WILDLANDS ENGINEERING i 7 c eti y i ° i.• _ N Permanent Ar O ams MF Q Tr ilr + 4 " t ` 0 200 400 Feet I I I Figure 2.4: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Q Project Parcels �•�• Proposed Conservation Easement Existing Wetland ills _ E_7 Wetland Impacts Project Stream - Perennial S42 - 1�7LF Permanent —"'—'• Project Stream - Intermittent Stream Impact - Restoration Stream Impact - Enhancement I Stream Impact - Stabilization Stream Impact - Culvert • Stream Impact Break Points 0 200 400 Feet I I I Figure 2.4: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC S41 �( P,ermanent Ar`r� e a r S34 - 1,457 LF s Permanent (7" w1ftWILDLANDS ENGINEERING 0 200 400 Feet I I I Figure 2.5: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Permanent S39 - 153 F Permanent k 141 F a s s Q Project Parcels Proposed Conservation Easement Existing Wetland Project Stream - Perennial Stream Impact - Restoration Stream Impact - Enhancement I Stream Impact - Other • Stream Impact Break Points w1ftWILDLANDS ENGINEERING 0 200 400 Feet I I I Figure 2.5: Pre -Construction Notification Impact Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC Site Photos PHOTOLOG Critcher Brothers Site Page 1 Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) �'.R yk x y�yh ''vi,. �'� 2i'"✓. .r4 .:. sf, [ sem, • t„ � _ F� .:.'-«« � _ � �:� .' +-�,� � � :�'.- .rA — 'C _�•" ter' �"� �sM� � � - i+: Y s r: rt �� i � � ,484, `• . '�,u- ,� Y s. r/M �}., ,» �. _ � " "J Za TOO Photo 7 — Upper intermittent section of Antioch Tributary. Photo 8 — Antioch Trib A. r t 14 Photo 9 — Antioch Trib B. Photo 10 —Antioch Trib C. e � r �� � �..: t •. � � �,� ^•may, � . a w e. TY ' yr a tet. _�:7 f ~� 3�4 ✓•'y.I�^.]ff� - 'k ,^� jA j! i. 00,3"y.. • t e a a � a �s s. �e AdW 14. Photo 13 — Chicken Trib 2 Photo 14 — Robin Hill Trib K WA Yl ­ FT rr :towY =.a��E"n„s��.a<.k �-� "� � � ter. .� .'s--�':�`M �`�V�a � '� s^*.'�G � r'��.R ♦ � +m'� j,e "'s� 4•,��...' /:- .. _u :'�i`�V "� - _ «�.• ._.0 ''x..4,.11 • PHOTOLOG 10, Photo • — Shew Ridge• A' • • 1 •- • �z { r� M Photo 22 — Ironwood Trib upper intermittent section. Alf IWAM m a r M� n p .�a' > a _.. Photo 23 — Oak Trib. Photo 24 — none Critcher Brothers Site Page 4 Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) WIN �'YK 17 m PHOTOLOG Critcher Brothers Site Page 6 Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Agency Correspondence k4w 1)1.A\1)S February 8, 2018 Byron Hamstead USFWS Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Critcher Brothers Mitigation Site in Wilkes County, NC Dear Mr. Hamstead, The Critcher Brothers Mitigation Site, as part of the Wildlands Yadkin Valley Umbrella Mitigation Bank, is being developed to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channel and riparian buffers have been identified as significantly degraded. The project will include preservation of stream channels, stream enhancement, and stream restoration. The site has historically been disturbed due to agricultural use, primarily livestock production. We have already obtained an updated species list for Wilkes County from your website (https://www.fws.gov/raleigh/species/cntylist/wilkes.html). The Rusty -patched Bumble Bee (Bombus affinis) is listed as the only endangered species within the county. The Northern Long -Eared Bat (Myotis septentrionalis) is listed as threatended and the Bog Turtle (Glyptemys muhlenbergii) is listed as threatened due to similarity of appearance. We are requesting that you provide any known information on these species within the county. The USFWS will be contacted if suitable habitat for any listed species is found or if we can determine that the project may affect one or more federally listed species or designated critical habitat. Please provide comments on any possible issues that might emerge with respect to endangered species, migratory birds or other trust resources from the construction of a stream and riparian buffer project on the subject property. A site map and a USGS topographic map showing the approximate project area is enclosed. If we have not heard from you in 45 days we will assume that you do not have any comments regarding associated laws and that you do not have any information relavent to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Andrea S. Eckardt, Project Manager aeckardt@wildlandseng.com 704.332.7754 x 101 Wild lands Engineering, Inc. (P) 704.332.7754 • 1430S. Mint Street, Suite 104 • Charlotte, NC 28203 s MULIKIFE United States Department of the Interior F` SE FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street ' Asheville, North Carolina 28801 March 7, 2018 Ms. Andrea Eckardt Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Dear Ms. Eckardt: Subject: Critcher Brothers Mitigation Site; Wilkes County, North Carolina Log No. 4-2-18-154 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your correspondence received via email dated February 8, 2018. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to your correspondence, you are seeking our comments with regards to potential impacts to federally protected species that may be associated with the proposed mitigation project near Antioch, North Carolina. According to the information provided, the proposed project would entail preservation, restoration and enhancement of several small unnamed tributaries to Fishing Creek and its unnamed tributaries. The site is currently dominated by pasture/hay agricultural land use. Areas proposed for preservation are dominated by mixed pine hardwood forest. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis). However, the final 4(d) rule (effective as of February 16, 2016), exempts incidental take of northern long-eared bat associated with activities that occur greater than 0.25 miles from a known hibernation site, and greater than 150 feet from a known, occupied maternity roost during the pup season (June 1 — July 31). Based on the information provided, the project (which may or may not require tree clearing) would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule. While we have no known records for the federally threatened bog turtle (Glyptemys muhlenbergii) or suitable habitat in the immediate vicinity of the site, occurrences for this species circle the proposed project area. The southern population of this species is listed as threatened due to similarity of appearance, and is not subject to section 7 consultation. However, we recommend that a qualified biologist evaluate the site for suitable habitats, identify potential project -mediated benefits, and develop measures to avoid or minimize potential impacts to this species that may result from the project. This species occurs in shallow spring -fed fens, sphagnum bogs, marshy meadows, and pastures with thick grassy cover. Many known habitats in North Carolina are open and sunny. The Service does not have records for any other federally protected species or their respective habitats in the vicinity of the proposed project. The Carolina Foothills crayfish (Cambarus johni) occurs in Fishing Creek, approximately 1.5 river miles downstream from the proposed project, and the receiving waters of the Yadkin River support the brook floater (Alasmidonta varicosa). These species area federal species of concern and are not currently afforded legal protection under the Act. However, incorporating proactive conservation measures may help preclude the need to list this species in the future. Like most freshwater mussels, the brook floater is a sessile benthic filter -feeder that is highly sensitive to aquatic habitat modifications. Eutrophication- and sedimentation -mediated impacts are likely threats to both of these species. Agricultural runoff may transport toxins that impact both juveniles and adults. Attenuating these threats may benefit these species. The Service supports responsible and sustainable stream restoration activities and we offer the following comments in the interest of protecting fish and wildlife resources: Stream Buffers Natural, forested riparian buffers are critical to the health of aquatic ecosystems. They accomplish the following: 1. catch and filter runoff, thereby helping to prevent nonpoint-source pollutants from reaching streams; 2. enhance the in -stream processing of both point- and nonpoint-source pollutants; 3. act as "sponges" by absorbing runoff (which reduces the severity of floods) and by allowing runoff to infiltrate and recharge groundwater levels (which maintains stream flows during dry periods); 4. catch and help prevent excess woody debris from entering the stream and creating logjams; 5. stabilize stream banks and maintain natural channel morphology; 6. provide coarse woody debris for habitat structure and most of the dissolved organic carbon and other nutrients necessary for the aquatic food web; and 7. maintain air and water temperatures around the stream. Forested riparian buffers (a minimum 50 feet wide along intermittent streams and 100 feet wide along perennial streams [or the full extent of the 100 -year floodplain, whichever is greater]) should be created and/or maintained along all aquatic areas. Within the watersheds of streams supporting endangered aquatic species, we recommend undisturbed, forested buffers that are naturally vegetated with trees, shrubs, and herbaceous vegetation and extend a minimum of 200 feet from the banks of all perennial streams and a minimum of 100 feet from the banks of all intermittent streams, or the full extent of the 100 -year floodplain, whichever is greater.) Impervious surfaces, ditches, pipes, roads, utility lines (sewer, water, gas, transmission, etc.), and other infrastructures that require maintained, cleared rights-of-way and/or compromise the functions and values of the forested buffers should not occur within these riparian areas. Stream Channel and Bank Restoration A natural, stable stream system is one that is able to transport a wide range of flows and associated bed load (sediment) while maintaining channel features and neither degrading (accelerating the erosion of banks and scour of the channel bed) nor aggrading (accelerating the deposition of sediment within the channel). Alterations to the dimension (cross-sectional view of the channel), pattern (the sinuosity of the channel), or profile (longitudinal slope) of the stream channel as well as changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly alter this equilibrium. Accordingly, we recommend the following: 1. Only the absolute minimum amount of work should be done within stream channels to accomplish necessary reconstruction. The amount of disturbance to in -stream and riparian areas should not exceed what can be stabilized by the end of the workday. Restoration plans should account for the constraints of the site and the opportunities to improve stream pattern, dimension, and profile with minimal disturbance. 2. All reconstruction work should follow natural channel design methodologies that are based on the bank -full, or channel -forming, stage of the stream. Bank -full stage maintains the natural channel dimensions and transports the bulk of sediment over time (Doll et al. 2003). Natural channel conditions should be identified using a reference reach (nearby stream reaches that exemplify restoration goals). Restoration design should match the pattern, dimension, and profile of the reference reach to ensure the project's success. The Service is available to assist with the identification of reference reaches. All work in or adjacent to stream waters should be conducted in a dry work area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures should be used to prevent excavation in flowing water. These diversion structures should be removed as soon as the work area is stable. When practical, a pump -around operation shall be used to divert flow during construction. 4. Equipment should not be operated in the stream unless absolutely necessary. Machinery should be operated from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be: (a) washed to remove any contaminant residue prior to project construction, (b) in good working order, and (c) checked to ensure there are no leaks of potential contaminants (such as oil or other lubricants) prior to and during construction. 5. Streambanks with deep-rooted woody vegetation are the most stable, and stream restoration efforts should incorporate the use of native vegetation adapted to the site conditions. Biodegradable erosion -control materials may be incorporated into bank -restoration design in order to stabilize soils as vegetation becomes established. Live dormant stakes (such as black willow) may be used to reestablish root structure in riparian areas. In areas where banks are severely undercut, high, and steep, whole -tree revetment or rock may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not recommended due to their erosive nature), and it should not extend above the bank -full elevation (the elevation of the channel where the natural floodplain begins). Deep -rooting woody vegetation should be established along banks where any channel work is accomplished. Tree and shrub plantings should be spaced at intervals no greater than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical but should extend at least 30 feet from the stream channel. 6. Adequate measures to control sediment and erosion must be implemented prior to any ground -disturbing activities in order to minimize effects on downstream aquatic resources. In North Carolina, non -cohesive and erosion -prone soils are most common in the felsic-crystalline terrains of the mountain and upper piedmont regions (Miller and Kochel 2010). Therefore, reconstruction work should be staged such that disturbed areas would be stabilized with seeding, mulch, and/or biodegradable (coir) erosion -control matting prior to the end of each workday. No erosion -control matting or blankets should contain synthetic (netting) materials. Matting should be secured in place with staples; stakes; or, wherever possible, live stakes of native trees. If rain is expected prior to temporary seed establishment, additional measures should be implemented to protect water quality along slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or other geotextile material). 7. Woody debris, detritus, and other vegetative materials are the main sources of nutrients and carbon necessary for primary productivity in stream ecosystems. Removal of this material can impact the production of higher trophic levels, including fish. The Service does not recommend the removal of woody debris within the stream channel or floodplain unless it is causing a debris blockage (logjam) or will affect the ability to achieve bank stability along a specific reach of stream. Woody debris that must be removed should be chipped on the site. 8. At each restoration site, cross-sections (at intervals based on restoration reach size), longitudinal profiles, and stream -pattern plans should be measured and mapped prior to and immediately following any channel work. In addition, photographs should be taken to document the condition of the project site prior to initiating the work and upon completion of the work. However, since a project's restoration success does not necessarily equate to biological success, the ecological goals of the project should be clearly defined and assessed for improvement after construction is completed (Palmer et al. 2005). Stream Crossings In the interest of preserving natural resources and specifically, aquatic habitats for the purposes of conservation, bridges or spanning structures should be used for all permanent roadway crossings of streams and associated wetlands. Structures should span the channel and the :l floodplain in order to minimize impacts to aquatic resources, allow for the movement of aquatic and terrestrial organisms, and eliminate the need to place fill in streams and floodplains. Bridges should be designed and constructed so that no piers or bents are placed in the stream, approaches and abutments do not constrict the stream channel, and the crossing is perpendicular to the stream. Spanning some or all of the floodplain allows the stream to access its floodplain and dissipate energy during high flows and also provides for terrestrial wildlife passage. When bank stabilization is necessary, we recommend that the use of riprap be minimized and that a riprap-free buffer zone be maintained under the bridge to allow for wildlife movement. If fill in the floodplain is necessary, floodplain culverts should be added through the fill to allow the stream access to the floodplain during high flows. If bridges are not possible and culverts are the only option, we suggest using bottomless culverts. Bottomless culverts preserve the natural stream substrate, create less disturbance during construction and provide a more natural post -construction channel. Culverts should be sufficiently sized to mimic natural stream functions and habitats located at the crossing site; allow for water depth, volume (flow), and velocity levels that will permit aquatic organism passage; and accommodate the movement of debris and bed material during bank -full events. Widening the stream channel must be avoided. Where traditional culverts are the only feasible alternative to accommodate necessary stream crossings, we recommend the use of multiple barrels, in addition to the low -flow barrel, to convey flood flows. Floodplain barrels should be placed on or near stream bank -full or floodplain bench elevation and discharge onto floodplain benches. Where appropriate, install sills on the upstream end of floodplain barrels to restrict or divert the base stream flow to a single barrel. If the culvert is longer than 40 linear feet, alternating or notched baffles should be installed in a manner that mimics the existing stream pattern. This will enhance the passage of aquatic life by: (1) depositing and retaining sediment in the barrel, (2) maintaining channel depth and flow regimes, and (3) providing resting places for fish and other aquatic organisms. Erosion and Sediment Control Measures to control sediment and erosion should be installed before any ground -disturbing activities occur. Instream work should occur under dry conditions utilizing a temporary diversion/pump-around system. Grading and backfilling should be minimized, and existing native vegetation should be retained (if possible) to maintain riparian cover for fish and wildlife. Disturbed areas should be revegetated with native grass and tree species as soon as the project is completed. Ground disturbance should be limited to what will be stabilized quickly, preferably by the end of the workday. Natural fiber matting (coir) should be used for erosion control as synthetic netting can trap animals and persist in the environment beyond its intended purpose. 9 The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-18-154. Sincerely, - - original signed - - Janet Mizzi Field Supervisor References Doll, B.A., G.L. Grabow, K.R. Hall, J. Halley, W.A. Harman, G.D. Jennings, and D.E. Wise. 2003. Stream Restoration: A Natural Channel Design Handbook. North Carolina Stream Restoration Institute, North Carolina State University. 128 pp. Hall, K. 2003. Recommended Native Plant Species for Stream Restoration in North Carolina. Raleigh: North Carolina Stream Restoration Institute, North Carolina State University. Miller, J.R., and Kochel, R.C. 2010. Assessment of channel dynamics, in -stream structures and post -project channel adjustments in North Carolina and its implications to effective stream restoration. Environmental Earth Sciences, 59(8), pp. 1681-1692. Palmer, M.A., E.S. Bernhardt, J.D. Allan, P.S. Lake, G. Alexander, S. Brooks, J. Carr, S. Clayton, C.N. Dahm, J. Follstad Shah, and D.L. Galat. 2005. Standards for ecologically successful river restoration. Journal of Applied Ecology, 42(2), pp. 208-217. Ll k4w 1)1.A\1)S February 8, 2018 Shannon Deaton North Carolina Wildlife Resource Commission Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699 Subject: Critcher Brothers Mitigation Site in Wilkes County, NC Dear Ms. Deaton, The purpose of this letter is to request review and comment on any possible issues that might emerge with respect to fish and wildife issues associated with a potential stream restoration project on the Critcher Brothers Mitigation Site. A site map and USGS topographic map showing the approximate project area are enclosed. The topographic figure was prepared from the Roaring River USGS 7.5 - minute topographic quadrangle. The Critcher Brothers Mitigation Bank, as part of the Wildlands Yadkin Valley Umbrella Mitigation Bank, is being developed to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channels have been identified as significantly degraded. The project will include preservation of stream channels, stream enhancement, and stream restoration. The site has historically been disturbed due to agricultural use, primarily livestock production. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Andrea S. Eckardt, Project Manager aeckardt@wildlandseng.com 704.332.7754 x 101 Wild lands Engineering, Inc. (P) 704.332.7754 • 1430S. Mint Street, Suite 104 • Charlotte, NC 28203 9 North Carolina Wildlife Resources Commission 9 Gordon Myers, Executive Director March 14, 2018 Andrea Eckardt Wildlands Engineering 1430 S. Mint Street, Suite 104 Charlotte, NC 28203 SUBJECT: Critcher Brothers Mitigation Site Dear Ms. Eckardt: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your February 8, 2018 letter regarding plans for a stream restoration project on unnamed tributaries to Fishing Creek in Wilkes County. You requested review and comment on any possible issues that might emerge with respect to fish and wildlife associated with the project. Our comments on this project 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). Details were not provided in the letter on design nor the size of the project. The project is proposed as a mitigation project and will involve stream enhancement, restoration, and preservation. NCWRC staff did attend an agency site visit in the fall of 2017, and our comments on the site were incorporated in a summary of this site visit. This project should not impact wild trout resources. We recommend that riparian buffers that are to be reestablished be as wide as possible, given site constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams to maximize the benefits of buffers, including bank stability, stream shading, treatment of overland runoff, and wildlife habitat. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 803- 6054 if you have any questions about these comments. Sincerely, /1. Andrea Leslie Mountain Region Coordinator Habitat Conservation Program Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 IWORQ Systems Inc. Page 1 of 1 WILKES COUNTY FLOOD DAMAGE PREVENTION ORDINANCE APPLICATION NAME OF PROPERTY OWNER: CRITCHER BROTHERS PRODUCE INC NAME OF APPLICANT: WILBLANUS ENGINEERING ADDRESS: 502 ROBIN HILL ROAD, WILKESBORO, NC PHONE NUMBER: 704-332-7754 FEE $10.00 1) Proposed Development (Check One) d(a) Must comply with all applicable flood damage prevention standards. (Submit plans to the Wilkes County Building Inspections Office). , 1 ❑ (b) Is exempt from flood damage prevention standards. 2) F.I.R.M. Panel #3710 _; Map date: a- 0 3) 4) APPLICANT'S SIGNATURE: Zone: AE Parcel ID: 0100351 PIN #. 3898-75-5006 DATE; 5/812019 LOCAL ADMINISTRATOR'S SIGNATURE: xJ .�� DATE COMMENTS: NO RISE CERTIFICATION PREPARED BY WILDLANDS ENGINEERING 5181'2019 https :ll w -%N -w. iworq.net/iworqlpermitlpopupPermitEditLetterPrint.asp?sid=EL OPLJFDJGKC... 5/8/2019 Q Project Parcels _ ■ - r Proposed Conservation Easement ��f-♦�'�g { Yom.£ sX,r __. .. _�"- j1 .1 �, ♦ , {{ i tSIM V{VII I r ` I 44ti �,ti 4��.,, '�Ce, � � _: �, ���♦ � yl y - rj �'�i � , `'-L— - - ' tom, ,',';.'0 ■ Aeon� I,#��' ' -tt _ vim'` f J 1 ♦ �RANIft 'r{y , !L. ' � 1/1 *"��h. +..`°� V�. -.r- 5 � "r fir•' � $ 0 Cr a Jaws* 046 r _ , _ r s r • .. y - 13 Roaring River USGS 7.5 minute topographic quadrangle �1 1 WILDLANDS %!rw ENGINEERING Figure 3: USGS Topographic Map 0 1,000 2,000 Feet Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC �i ire IOR— _. - . RdE GreeK J,� • . - • s�'o� OaK C+„ ;a to ` � .'", • rr �" t' � A Ar w*v,, W I L D L A N D S 0 700 1,400 Feet ENGINEERING I I I t Figure 4: Soils Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC - CoA 4 * •• ♦� ,���■�` to FaD.p f ■ r i CoA y, + ' ' • ,� • iIiI • IRI e Ha RdE o ♦ r , CoA FalJt AIMEL w*v,, W I L D L A N D S 0 700 1,400 Feet ENGINEERING I I I t Figure 4: Soils Map Critcher Brothers Site Yadkin Valley Umbrella Mitigation Bank Yadkin River Basin (03040101) Wilkes County, NC WILDLANDS ENGINEERING February 8, 2018 Renee Gledhill -Earley State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Critcher Brothers Mitigation Site in Wilkes County, NC Dear Ms. Gledhill -Earley, Wildlands Engineering, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream restoration project on the Critcher Brothers Mitigation Site. A Site Map and USGS Topographic Map with approximate project area are enclosed. The topographic figure was prepared from the Roaring River USGS 7.5 -minute topographic quadrangle. The Crithcher Brothers Mitigation Bank Site, as part of the Wildlands Yadkin Valley Umbrella Mitigation Bank, is being developed to provide in-kind mitigation for unavoidable stream channel impacts. Several sections of channels have been identified as significantly degraded. The project will include preservation of stream channels, stream enhancement, and stream restoration. The site has historically been disturbed due to agricultural use, primarily livestock production. No architectural structures or achaeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. We ask that you review the site based on the attached information to determine the presence of any historic properties. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. Sincerely, Andrea S. Eckardt, Project Manager aeckardt@wildlandseng.com 704.332.7754 x 101 Wild lands Engineering, Inc. (P) 704.332.7754 • 1430S. Mint Street, Suite 104 • Charlotte, NC 28203 North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Secretary Susi U Hamilton March 22, 2018 Andrea Eckardt Wildlands Engineering 1430 South Mint Street, Suite 104 Charlotte, NC 28203 Re: Critcher Brothers Mitigation Site, Wilkes County, ER 18-0399 Dear Ms. Eckardt: Thank you for your letter of February 8, 2018, concerning the above project. Office of Archives and History Deputy Secretary Kevin Cherry We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, ,✓Ramona M. Bartos Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW -2017-01.91.3 County: Wilkes U.S.G.S. Quad: Roaring River NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Ian Eckardt, Wildlands Engineering, Inc Address: 1430 S Mint Street, Suite 104 Charlotte, NC 28203 Telephone Number: 704-332-7754 Size (acres): 71 acres Nearest Town: Roaring River Nearest Waterway: Fishing CreeIc Coordinates: 36.162037,-81.033384 River Basin/ HUC: Yadkin River 03040101 Location description: The project is located at 502 Robin Hill Road, Roaring River in Wilkes County, NC Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC §. 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC. § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWAIRHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S, including wetlands have been delineated and surveyed and are accurately depicted on the. plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for. a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact William Elliott at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property "is known as" and "is an unnamed tributary (UT) to" Fishing Creep which flows into the Yadkin River 03040101. D. Remarks: The potential waters of the U.S., at this site, were verified on-site by the Corps and are as approximately depicted on the attached Potential Wetland/Waters Map. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by RVA (Preliminary -JD). 2 "It isnot necessary to submit an RFA form to the Division OfUce if you do not object to the determination in this correspondence." . Corps Regulatory Official: William Elliott Issue Date of JD: October 30, 2018 Expiration Date: N/A Preliminary JD The Wihnington District is committed to providing the Highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmgpu.usace.grMy.mil/cm apex/f?p=136:4:0. Copy furnished: Critcher Brothers Produce Inc., 7467 Old 421 South, Deep 'Gap, NC 28616, Jeffrey and Jason Keller 369 Wildcat Rd. Deep Gap, NC 2$618 SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littp://www.usace.army.mil/Missions/CivilWorks/ReyulatoiyProgramandPermits.aspx or Cors regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you obj ect to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fnaI authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. AIso you may provide new information for further consideration by the Corps to reevaluate the JD. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Ian Eckardt, Wildlands Engineering, Inc File Number: SAW -SAW -2017-01913 I Date. October 30, 2018 Attached is: See Section below ❑I INITIAL PROFFERED PERMIT Standard Permit or Letter of permission) A r-11 PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littp://www.usace.army.mil/Missions/CivilWorks/ReyulatoiyProgramandPermits.aspx or Cors regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you obj ect to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for fnaI authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 1I of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section Il of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. AIso you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements, You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record,) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: William Elliott CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 10M15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date. Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attu.: William Elliott, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A, REPORT COMPLETION DATE FOR PRELIMINARY JD: October 30, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD.- Ian D:Ian Eckardt, Wildlands Engineering, Inc 1430 S Mint Street, Suite 104 Charlotte, NC 28203 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW -2017-01913, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at 502 Robin Hill Road, Roaring River in Wilkes County, NC State: NC County/parish/borough: Willies City:Roaring River Center coordinates of site Qat/long in degree decimal format): 36.162037, -81.033384 Universal Transverse Mercator: NIA Name ofnearestwaterbody: Fishing Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: October 30, 2418 ❑ FieldDetermination. Date(s): Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Centered Coordinates Estimated Amount Type of Aquatic Geographic Number (decimal degrees) of Aquatic Resource Resources Authority to Which in Review Area Aquatic Resource Latitude Longitude (linear feet or acre) "May Be" Subject See Attach ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 10/404 ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 101404 ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 101404 Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 10/404 ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 10/404 ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section t0/404 ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 10/404 ❑ Wetland ❑ Section 404 ❑ Non -wetland Waters ❑ Section 10/404 7 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 (N WP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting N WP 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 inthe 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 6e" 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:GIS figures including Vicinity, USGS Topographic, Delineation, & Soils ❑j Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Roaring River Quadrangle (1:24,040) Natural Resources Conservation Service Soil Survey. Citation: Wilkes County Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMAIFIRM maps: ❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: Q Aerial (Name & Date): 2014 Aerial photography on Figures 3 - 4 with submittal or FO -1 Other (Name & Date): Representative site photos included with submittal ❑ 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. 2 1 - A61 V4,;�L Signature and date of Regulatory staff member completin PJD -.,�" 2 lQ Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requester 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. Table 1. Table of Aquatic Resources in Review Area Which "May Be" Subject to Requlatory Jurisdiction Geographic Authority to which the aquatic Feature Latitude Longitude Estimated Amount of Aquatic Type of Aquatic Resource resources "may be" Resource in Review Area subject (i.e., Section 404, or Section 10/404) 1. South Fork Fishing Creek 36.157064 -81.031362 8,625 Perennial Non -Wetland Section 404 Waters 2. CritcherTributary 36.159944 -81.028964 1,897 Perennial Non -Wetland Section 404 Waters 3. Critcher Tributary 36.161485 -81.026907 202 Intermittent Non -Wetland Section 404 Waters 4. Critcher Tributary A 36.158235 -81.029803 817 Perennial Nan -Wetland Section 404 Waters 5. Critcher Tributary C 36.160924 -81.027705 120 Perennial Nan -Wetland Section 404 Waters 6. C ritch e r Tri b uta ry D 36.161496 -81.027075 106 Intermittent Nan -Wetland Section 404 Waters 7. Antioch Tributary 36.164229 -81.030113 1,561 Perennial Non -Wetland Section 404 Waters 8. Antioch Tributary 36.164379 -81.029896 177 Intermittent Non -Wetland Section 404 Waters 9. Antioch Tributary A 36.164484 -81.032405 943 Perennial Non -Wetland Section 404 Waters 10. Antioch Tributary Al 36.16446 -81.032762 129 Perennial Nan -Wetland Section 404 Waters 11. Antioch Tributary Al 36.164461 -81.032818 48 Intermittent Non -Wetland Section 404 Waters 12. Antioch Tributary B 36.163327 -81.02908 867 Perennial Non -Wetland Section 404 Waters Geographic Authority to which the Estimated Amount of Aquatic Feature Latitude Longitude Type of Aquatic Resource /aquatic resources may be" Resource in Review Area subject (i.e., Section 404, or Section 10/404) Perennial Non-Wetiand 12. Antioch Tributary B1 36.162742 -81.029158 440 Section 404 Waters Intermittent Non -Wetland 13. Antioch Tributary C 36.164436 -81.029677 113 Section 404 Waters Perennial Non -Wetland 14. Chicken Tributary 1 36.158331 -81.036696 1,591 Section 404 Waters Perennial Non -Wetland 15. Chicken Tributary 1A 36.1591.51 -81.039051 694 Section 404 Waters Intermittent Nan -Wetland 16. Chicken Tributary 1A 36.158829 -81.039903 382 Section 404 Waters 17. Chicken Tributary 2 36.162255 -81.037841 79 Intermittent Non -Wetland ,Section 404 Waters Perennial Non -Wetland 18. Robin Hill Tributary 36.162057 -81.040872 1,183 Section 404 Waters 19. Robin Hill Tributary A 36.163288 -81.039592 99 Perennial Non-Wetland 404 WatersSection 20. Robin Hill Tributary A 36.163357 -81.039727 59 Intermittent Non -Wetland Section 404 Waters Perennial Non -Wetland 21. Robin Hill Tributary B 36.162065 -81.041511 259 Section 404 Waters Perennial Non -Wetland 22. Oak Tributary 36.165354 -81.038207 493 Section 404 Waters 23. West Fork Fishing Creek 36.167018 -81.167018 3,443 Perennial Non -Wetland Section 404 Waters Geographic Authority to Estimated Amount of Aquatic which the aquatic Feature Latitude Longitude Resource in Review Area Type of Aquatic Resource resources "may be subject (i.e., Section 404, or Section 10/404) 24. Magnolia Tributary g 36.162074 -81.046285 1 317 Perennial Non -Wetland Section 404 Waters 25. Shew Ridge Tributary I; 36.167692 -81.049546 1,175 Perennial Non -Wetland Section 404 Waters 26. Shew Ridge Tributary A 36.168567 -81.049296 446 Perennial Non -Wetland Section 404 Waters 27. Ironwood Tributary36.164795 -81.043891 752 Perennial Non -Wetland Section 404 Waters 28. Ironwood Tributary 36.164504 -81.043606 17 Intermittent Non-WetlandSection 404 Waters 29. Timber Tributary36.171037 -81.045998 2,184 Perennial Non -Wetland Section 404 Waters 30. Timber Tributary A 36.170408 -81.045445 106 Intermittent Non -Wetland Section 404 Waters 31. Boundary Tributary 36.169703 -81.040844 170 Perennial Non -Wetland Section 404 Waters 32. Wetland A 36.160923 -81.027460 0.01 Wetland Waters Section 404 33. Wetland B 36.160875 -81.027414 <0.01 Wetland Waters Section 404 34. Wetland C 36.160807 -81.027646 0.02 Wetland Waters Section 404 35. Wetland D 36.160410 -81.028196 0.02 Wetland Waters Section 404 Feature Latitude Longitude Estimated Amount of Aquatic Resource in Review Area Type of Aquatic Resource Geographic Authority to which the aquatic resources "may be" subject (i.e., Section 404, or Section 10/404) 36. Wetland E 36.159469 -81.030935 0.17 Wetland Waters Section 404 37. Wetland F 36.158986 81.031528 0.13 Wetland Waters Section 404 38. Wetland G 36.158077 -81.031720 0.13 Wetland Waters Section 404 39. Wetland H 36.159470 -81.031857 0.05 Wetland Waters Section 404 40_ Wetland f 36.164056 -81.032623 0.06 Wetland Waters Section 404 41. Wetland J 36.164678 -81.032857 0.02 Wetland Waters Section 404 42. Wetland K 36.164403 -81.029664 0.07 Wetland Waters Section 404 43. Wetland L 36.162627 -81.029045 0.04 Wetland Waters Section 404 44. Wetland M 36.157906 -81.036778 0.01 Wetland Waters Section 404 45. Wetland N 36.164374 -81.038169 0.05 Wetland Waters Section 404 46. Wetland 0 36.163510 -81.038784 0.15 Wetland Waters Section 404 47. Wetland P 36.163884 -81.039087 0.21 Wetland Waters Section 404 Feature Latitude Longitude Estimated Amount of Aquatic Resource in Review Area Type of Aquatic Resource Geographic Authority to which the aquatic resources "may be" subject (i.e., Section 404, or Section 10/404) 48. Wetland Q 36.162012 -81.041489 0.04 Wetland Waters Section 404 49. Wetland R 31.163331 -81.045914 0.09 Wetland Waters Section 404 50. Wetland S 36.166869 -81.048532 0,02 Wetland Waters Section 404 51. Wetland T 36.168587 -81.049438 0.01 Wetland Waters Section 404 52. Wetland U 36.168754 -81.049075 <0.01 Wetland Waters Section 404 53. Wetland V 36.165542 -81.045402 0.03 Wetland Waters Section 404 54. Wetland W 36.169114 -81.044370 0.08 Wetland Waters Section 404 55. Wetland Y 36.170286 -81.045302 0.03 Wetland Waters Section 404 56. 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