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
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Yadkin River Basin (03040101)
Wilkes County, NC
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Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
Figure 2.0: Pre -Construction Notification Impact Overview Map
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Yadkin River Basin (03040101)
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Yadkin River Basin (03040101)
Wilkes County, NC
Q Project Parcels
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Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
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Critcher Brothers Site
Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
Q Project Parcels
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r Existing Wetland
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0 200 400 Feet Critcher Brothers Site
I I I t Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
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Critcher Brothers Site
Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
Q Project Parcels
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Existing Wetland
ills _
E_7 Wetland Impacts
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Figure 2.4: Pre -Construction Notification Impact Map
Critcher Brothers Site
Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
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Yadkin Valley Umbrella Mitigation Bank
Yadkin River Basin (03040101)
Wilkes County, NC
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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)
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Critcher Brothers Site Page 6
Yadkin Valley Umbrella Mitigation Bank
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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
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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-
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3)
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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
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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. Wetland Z
36.170830
-81.045796
0.01
Wetland Waters
Section 404
57- Wetland AA
36.171374
-81.046490
0.01
Wetland Waters
Section 404
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