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HomeMy WebLinkAbout20180182 Ver 1_PCN Form Submission_20190829DR 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#* 20180182 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: Red Barn Mitigation Bank Site 1a. Who is the Primary Contact?* Kevin Tweedy 1 b. Primary Contact Email:* ktweedy@eprusa.net Date Submitted 8/29/2019 Nearest Body of Water Stewart's Creek Basin Yadkin-PeeDee Water Classification C Site Coordinates Latitude: 36.4898 A. Processing Information County (or Counties) where the project is located: Surry Is this project a public transportation project?* r Yes r No Longitude: -80.6411 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 ureters, 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:* (919)388-0787 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: P 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 27 - Restoration 1e. Is this notification solelyfor 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 F 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 19. 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? Owner W Applicant (other than owner) le. Is there an Agent/Consultant for this project? C Yes r- No 2. Owner Information 2a. Name(s) on recorded deed: Greta Boyd 2b. Deed book and page no.: 00320/0098 2c. Responsible party: 2d. Address Street Address 194 Cletius Moser Trail Address Line 2 City Mount Airy Postal / Zip Code 27030 2e. Telephone Number: (336)710-3429 2g. Email Address:* ktweedy@eprusa.net 2a. Name(s) on recorded deed: Deborah Beasley 2b. Deed book and page no.: 00489/1175,01446/0358,01555/0895 State / Rwince / Fbjion NC Country us 2f. Fax Number: r- Yes r No r- Yes r No 2c. Responsible party: 2d. Address Street Address 286 Cletius Moser Trail Address Line 2 City Mount Airy Fbstal / Zip Code 27030 2e. Telephone Number: (336)789-8938 2g. Email Address:* ktweedy@eprusa.net 2a. Name(s) on recorded deed: Edward Johnson 2b. Deed book and page no.: 01033/0644 2c. Responsible party 2d. Address Street Address 139 Timeless Trail Address Line 2 City Mount Airy postal / Zip Code 27030 2e. Telephone Number: (336)320-2247 2g. Email Address:* ktweedy@eprusa.net 3. Applicant Information (if different from owner) 3a. Name: Kevin Tweedy 3b. Business Name: Ecosystem Planning & Restoration 3c.Address Street Address 1150 SE Maynard Rd Address Line 2 Ste 140 CRY Cary Fbstal / Zip (ode 27511 3d. Telephone Number: (919)388-0787 3f. Email Address:* ktweedy@eprusa.net C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if apprcpnate) 1c. Nearest municipality/ town: Mount Airy State / Rmince / Region NC Country us 2f. Fax Number: State / Frmince / fegbn NC Country us 2f. Fax Number: State/ Rovince/ f ion NC Country us 3e. Fax Number: 2. Project Identification 2a. Property Identification Number: Boyd: 591900894216. Beasley: 591900797501,591908891501, 591908891924.Johnson:501000713049. 2b. Property size: Moser: 591902791649 25.4 2c. Project Address Street Address Ester Drive/Timeless Trail Address line 2 Qty State / Province / Ibgrn Mount Airy NC Postal / Zip Cade Country 27030 us 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Stewart's 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. 03040101100010 4. Project Description and History 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 Site is in a rural but developing area of Surry County. Land use within the UT1 and UT2 watersheds is 37% pasture lands, 27% deciduous forest lands, and 35% residential. The Project is impacted by farming practices, past stream channelization, riparian buffer loss, and direct cattle access. All four streams have either sustained significant cattle damage and/or have been channelized to maximize cattle grazing activities. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* F Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). SAW -2017-01927 Project History Upload 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Figure2_Topo.pdf 1.94MB 4e. Attach an 8 1/2X11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Figure8_Soils.pdf 2.29MB 4f. List the total estimated acreage of all existing wetlands on the property: 4.44 49. List the total estimated linear feet of all existing streams on the property: 6283 4h. Explain the purpose of the proposed project:* The Project will restore healthy headwater stream -wetland complexes in currently active, or recently active, cattle pastures in a watershed that is dominated by agricultural land use. Riparian buffers at least 30 feet in width (50 feet or more in most areas) will be restored along stream reaches and provide significant improvements to wetland connectivity and function within the riparian buffer. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Stream restoration approaches will involve raising the streambeds and/or re -meandering the channels through existing wetlands, thereby enhancing the stream and wetland resources within the Project. Buffers in excess of 30 feet, and greater than 50 feet in most areas, will be restored along all proposed stream mitigation reaches for a total of 25.4 protected acres. Wetlands will be rehabilitated through increased surface connection with restored channels and planting of native species. Functional uplift will come from excluding livestock from project resources, restoring natural wetland and riparian vegetation, and restoring the project streams to a stable condition, connected to their adjacent floodplains. The exclusion of livestock will remove a direct source of nutrients, coliform, and sediment from the system. Due to the extent of the bank erosion in all four project streams, and for UT3 in particular, restoring a stable stream condition will reduce the amount of sediment in receiving waters. In -stream structures consisting of large woody debris will ensure channel stability and improve aquatic habitat for native species. Stream restoration activities will employ heavy construction equipment. Large flat-bed tractor trailers will initially bring equipment and materials to the site. Tracked excavators will be used to shape stream banks, excavate the floodplain, install stream structures, and perform general grading. Bulldozers may be required to reach final grades. And finally, the vegetation installation will be supported by small utility vehicles such as medium size flat-bed trucks, single -ton trucks, and bob -cats for material delivery. 4j. Please upload project drawings for the proposed project. AII_Sheets.pdf 5. Jurisdictional Determinations 46.82MB 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* F Yes r No r 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 -2017-01927 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Ecosystem Planning & Restoration Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR EPR delineated potential aquatic resources 01/2017, 05/2018, & 07/2018. Field visit with William Elliott and Steve Kichefski (USACE) and Sue Homewood (DWR) November 2018. PJD approved December 2018. Note-- attached Corps approval incorrectly states 0.4 acres instead of 0.04 acres of eAsting wetland in WD. 5d1. Jurisdictional determination upload SAW -2018-01441 (Red Barn Mitigation Bank)PJD.pdf 233.22KB 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): P Wetlands p Streams -tributaries r Buffers r Open Waters r Pond Construction 2. Wetland Impacts 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.297 2g. Total Wetland Impact 0.297 2h. Comments: There will be minor impacts to the wetlands onsite due to realignment of channel features, but restoration activities will increase the acreage of wetlands on the Site and improve overall wetland function. 3. Stream Impacts 2a1 Reason(?) 2b. Impact type * (?) 2c. Type of W. * 2d. W. name * 2e. Forested * 2f. Type of Jurisdicition*(?) 2g. Impact area* W1 Stream Realignment P Non -Tidal Freshwater Marsh WA Both 0.060 (acres) W2 Stream Realignment P Non -Tidal Freshwater Marsh WBBoth I 130 acres) W3 Stream Realignment P Non -Tidal Freshwater Marsh �WC Both 0.100 (acres) W4 Stream Realignment P Headwater Forest WD Yes Both 0.007 (acres) 2g. Total Temporary Wetland Impact 2g. Total Permanent Wetland Impact 0.000 0.297 2g. Total Wetland Impact 0.297 2h. Comments: There will be minor impacts to the wetlands onsite due to realignment of channel features, but restoration activities will increase the acreage of wetlands on the Site and improve overall wetland function. 3. Stream Impacts 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 5,659 3i. Total stream and ditch impacts: 628 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 624 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Restoration practices will only occur in the designated stream length. Practices will follow natural channel design principles. Only natural material will be used to construct stream features. Only native grass and woody vegetation will be planted on the stream banks. Agricultural BMPs will be implemented to exclude cattle from streams, buffers, and wetlands to ensure these resources provide long-term stability and water quality improvements. Fencing will be erected around the protected area to exclude livestock and posted signs will designate the protected area and state that public entry is not allowed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Disturbances will be minimized to the extent possible. Construction equipment access to the stream itself will be limited to the extent practical, and erosion control practices will be used to minimize any potential impacts from sediment run off during construction. For additional information, see the construction plans and specifications. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Proposed Project is a stream and wetland mitigation bank site 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: Project is not located in an area Wth NC 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 3a. Reason for impact (?) 3b.lmpact type" 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* Restoration Permanent Relocation ]ffa Perennial Both 12 1,170 Aver�e(feet) (Inearfeet) S2 Restoration Permanent Relocation Ur2a/UT2b Perennial Both 15 1,948 Ave age (feet) (Irtearfeet) S3 Enhancement Temporary Stabilization Ur2c Perennial Both 18 240 Average (feet) (linearfeet) Restoration Permanent Relocation J Ur3a Perennial Both 10 1,526 (feet) IAverage (lirearfeet) S5 Enhancement Temporary Stabilization Ur3b Perennial Both 5Average(feet) 18n�rfe�) S8 Restoration Permanent Relocation Ur3c Perennial Both 5 1,015 Average (feet) (linsarfeet) S7 Enhancement Tem ora P rY Stabilization Ur3d Perennial Both 10 109 Average (feeQ (linearfeet) S8 Enhancement Tem ora P rY Stabilization Uro Intermittent Both 5 89 Average (feet) (linear fed) 31. Total jurisdictional ditch impact in square feet: 3i. Total permanent stream impacts: 5,659 3i. Total stream and ditch impacts: 628 3j. Comments: E. Impact Justification and Mitigation 1. Avoidance and Minimization 3i. Total temporary stream impacts: 624 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Restoration practices will only occur in the designated stream length. Practices will follow natural channel design principles. Only natural material will be used to construct stream features. Only native grass and woody vegetation will be planted on the stream banks. Agricultural BMPs will be implemented to exclude cattle from streams, buffers, and wetlands to ensure these resources provide long-term stability and water quality improvements. Fencing will be erected around the protected area to exclude livestock and posted signs will designate the protected area and state that public entry is not allowed. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Disturbances will be minimized to the extent possible. Construction equipment access to the stream itself will be limited to the extent practical, and erosion control practices will be used to minimize any potential impacts from sediment run off during construction. For additional information, see the construction plans and specifications. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Proposed Project is a stream and wetland mitigation bank site 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: Project is not located in an area Wth NC 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: No impervious surfaces will be created. 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?* f 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 (15A NCAC 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. Project does not involve development or creation of impervious surfaces. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes M No r. 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 anytrees in order to conduct the work in waters of the U.S.? r Yes r No 59. Does this project involve bridge maintenance or removal? C Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. 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? Emailed USFWS 03/2018, no response received. NC Wildlife Resources Commission response dated 04/2018 (attached) indicated no impacts to wild trout waters. Consultation Documentation Upload RedBarnMitigationBank_StewartsCr&UTs_Surry_WRCComments.pdf 33.51<13 RedBarn_USF WS_Lttr.pdf 3.5MB Red Barn_NCNHP report_03132018.pdf 875.46KB 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?* NOAA EFH Mapper 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?* C' Yes f• No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPOWEB review 03/2018, emailed SHPO 03/2018, no response received. 7c. Historic or Prehistoric Information Upload RedBarn_NCSHPO_Lttr.pdf 3.47MB 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: Most of UT1, UT2, WA, WB, and WC within the 1% Chance Annual Flooding Zone. No work is proposed on Stewarts Creek as a partof this project and an application for a no -rise associated Wth the work on the tributaries was submitted 08/2019. 8c. What source(s) did you use to make the floodplain determination?* DFIRM panel 3711501000J Miscellaneous Comments Miscellaneous attachments not previously requested. Red Barn_allforms.pdf RedBarn_PCN_Figures. pdf Signature V By checking the box and signing below, I certify that: 7.61 MB 10.03MB • 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: Kevin Tweedy Signature Date 8/29/2019 VICINITY MAP FIGURE 1 # Legend Conservation Easement 0 3,0001,500 Feet ^_ Surry County Site Co ordinates36.4898 °N80.6411 °W AUGUST 2019 PREPARED BY: SURRY COUNTY, NC RED BARN MITIGATION BANK SITE UT1 oldflow path UT2a UT3a WD WC UT1a WA WB UT4 UT3c UT2b UT2c UT3d UT3b Existing Site Features Figure 2 # Legend Conservation Easem ent UT1 old flo w path UT1a UT2a UT2b UT2c UT3a UT3b UT3c UT3d UT4 Wetlands 0 500250 Feet RED BARN MITIGATION BANK SITE SURRY COUNTY, NC AUGUST 2019 PREPARED BY: S8 S7 S5 S3 S1 S2 S6 S4 W1 W3 W4 W2 Red Barn Mitigation Bank Site SURRY COUNTY, NC Impacts Map FIGURE 3 PREPARED BY: # Legend Stre am Impacts S1 : 1170' S2 : 1948' S3 : 240' S4 : 1526' S5 : 186' S6 : 1015' S7 : 109' S8 : 89' Wetland Impacts W1: 0.06 ac W2: 0.13 ac W3: 0.10 ac W4: <0.01 ac Existing Wetlands Conservation Easem ent 0 450225Feet Aug us t 2019 JOHNSON GRADY501000713049 MOSER TERESA591902791649 BEASLEY TERRY G591900797501BEASLEY TERRY G591908891501 BOYD WILLIAM591900894216 BEASLEY DEBORAH501020707007 CHANDLER RICHARD591908897860 Timeless Trl Cletius Moser Trl RED BARN MITIGATION BANK SITE SURRY COUNTY, NC Parcel Location Map Figure 4 # Legend Conservation Easement State Roads Non-State Roads Parcels Access Easement 0 500250Feet AUGUST 2019 PREPARED BY: LIDAR MAP FIGURE 5 # Legend Conservation Easement High : 1189 Low : 1006 0 500250Feet RED BARN MITIGATION BANK SITE SURRY COUNTY, NC AUGUST 2019 PREPARED BY: CsA RbD DrB RbD TtC W CsA RbD HaA CsA TtC TtC DrB SOILS MAP FIGURE 6 # Legend Conservation Easement Soils Colvard and Suches (CsA) Dillard fine sandy loam (DrB) Hatboro loam (HaA) Rhodhiss-Bannertown complex (RbD) Toast-Bannertown complex (TtC) Water (W) 0 500250Feet AUGUST 2019 PREPARED BY:RED BARN MITIGATION BANK SITE SURRY COUNTY, NC Red Barn Mitigation Bank Site SURRY COUNTY, NC FEMA FLOODPLAIN MAP FIGURE 7 PREPARED BY: # Legend Conservation Easement 0 500250Feet AUGUST 2019 Red Barn Mitigation Bank Site SURRY COUNTY, NC USGS Topographic Map FIGURE 2 PREPARED BY: # Legend Study Area 0 3,0001,500 Feet Da t e:July 2 018 CsA RbD DrB RbD TtC W CsA RbD HaA CsA TtC TtC DrB SOIL S MAP FIGURE 8 # Legend Conservation Easement Soils Colvard and Suches (CsA) Dillard fine sandy loam (DrB) Hatboro loam (HaA) Rhodhiss-Bannertown complex (RbD) Toas t-Bannertown complex (TtC) Water (W) 0 500250Feet AUGUS T 2019 PREPARED BY:RED BARN MIT IGATION BANK SITE SURRY COUNTY, NC North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 April 10, 2018 Cidney Jones Ecosystem Planning & Restoration 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 SUBJECT: Red Barn Mitigation Site Dear Ms. Jones: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your March 16 letter regarding a stream restoration project on Stewarts Creek and unnamed tributaries in Surry County. You requested review and comment on 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 of the project. The project is proposed as a mitigation project and will involve stream relocation to historical locations and reconnection to the historic floodplain. 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, Andrea Leslie Mountain Region Coordinator Habitat Conservation Program Ecosystem Planning and Restoration, LLC 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 Phone: (919) 388-0787 www.eprusa.net March 16, 2018 Marella Buncick, Endangered Species Biologist USFWS Asheville Field Office 160 Zillicoa Street Asheville NC 28801 RE: Red Barn Mitigation Bank Site, Yadkin River Basin, Cataloging Unit 03040101, Surry County, NC Dear Ms. Buncick, Ecosystem Planning and Restoration (EPR) respectfully requests review and comment from the United States Fish and Wildlife Service (USFWS) regarding the implementation of the subject project. This request is to comply with the Nationwide Permit general conditions and to develop the environmental documentation required by the proposed action. Project details are presented below. The project is comprised of multiple parcels off Cletius Moser Trail and Timeless Trail, approximately 0.5 miles south of NC 89 and 0.5 west of the City of Mount Airy in Surry County, North Carolina (Figure 1). Figure 2 depicts the project on the United States Geological Survey (USGS) Dobson, NC 7.5-minute topographic map at 36.4898 N and -80.6411 E and is comprised of six parcels, here indicated by the following Parcel ID Nos.: 501000713046, 591900791439, 591900797501, 591900894216, 591908883852, and 591908891501. The Red Barn Mitigation Bank Site was identified to provide in-kind mitigation for unavoidable stream and/or wetland impacts. Segments of this stream network have been identified as incised, eroding, and no longer connected to their floodplains. In total, almost 7,200 linear feet will be restored through the relocation of streams to their approximate historic locations and reconnection with the historic floodplain. To that end, new channels will be constructed within the existing crop- and pasture-land with excavation depths ranging from 1-4 feet. All work will take place within a 24-acre conservation easement shown on the attached Figure 2. Construction activities will take place within jurisdictional waterbodies requiring Section 401 and 404 permits from the NC Department of Environmental Quality (DEQ) and the US Army Corps of Engineers. Grading activities will require a Sediment and Erosion Control permit from the NC Division of Land Quality. Portions of the site are located within a mapped FEMA floodplain and will require coordination with Surry County Floodplain Administrators. As of June 1, 2017, the USFWS lists four federally protected species and three federal species of concern for Surry County, not including the Bald Eagle, which is protected under the Bald and Golden Eagle Protection Act (Table 1). A brief description of the federally protected species habitat requirements follows, along with the Biological Conclusion rendered based on field - Providing ecosystem planning and restoration services to support a sustainable environment - assessments of the project area. Habitat requirements are based on the current best available information. Table 1. Federally listed species for Surry County Common Name Scientific Name Federal Status Habitat Present Biological Conclusion Bald Eagle Haliaeetus leucocephalus BGPA No N/A Bog turtle Glyptemys muhlenbergii T (S/A) Yes Not Required Northern long- eared bat Myotis septentrionalis T Yes MA-NLAA Robust redhorse Moxostoma robustum FSC No N/A Brook floater Alasmidonta varicose FSC No N/A Carolina hemlock Tsuga caroliniana FSC No N/A Schweinitz’s sunflower Helianthus schweinitzii E No No Effect Small whorled pogonia Isotria medeoloides T Yes No Effect T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international com mercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), t he U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. FSC = Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for whic h there is insufficient information to support listing at this time. Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Prog ram Lists. N/A – Not applicable to FSC MA-NLAA – May Affect-Not Likely to Adversely Affect Bog turtle USFWS Recommended Survey Window: April 1 – October 1 (visual surveys); April 1- June 15 (optimal for breeding/nesting); May 1-June 30 (trapping surveys) Habitat Description: Bog turtle habitat consists of open, groundwater supplied (spring fed), graminoid dominated wetlands along riparian corridors or on seepage slopes. These habitats are designated as mountain bogs by the North Carolina Natural Heritage Program, but they are technically poor, moderate, or rich fens that may be associated with wet pastures and old drainage ditches that have saturated muddy substrates with open canopies. These habitats, found between 700 and 4,500 feet above mean sea level in the western Piedmont and mountain counties of North Carolina, often support sphagnum moss and may contain carnivorous plants. Soil types (poorly drained silt loams) from which bog turtle habitats have been found include Arkaqua, Chewacla, Dellwood, Codorus complex, Hatboro, Nikwasi, Potomac – Iotla complex, Reddies, Rosman, Tate – - Providing ecosystem planning and restoration services to support a sustainable environment - Cullowhee complex, Toxaway, Tuckasegee – Cullasaja complex, Tusquitee, Watauga, and Wehadkee. Biological Conclusion: Not Required Species listed as threatened due to similarity of appearance do not require Section 7 consultation with the USFWS. The wetland areas in the easement provide potential habitat for the bog turtle. However, they are unlikely to occur due to the fact that the area has been used intensively by cattle, and periodically for crops, for many years. In addition, a review of NC Natural Heritage Program (NCNHP) records indicates no known bog turtle occurrences within 1.0 mile of the study area. Northern long-eared bat USFWS Recommended Survey Window: June 1 – August 15 Habitat Description: In North Carolina, the Northern long-eared bat (NLEB) occurs in the mountains, with scattered records in the Piedmont and coastal plain. In western North Carolina, NLEB spend winter hibernating in caves and mines. Since this species is not known to be a long-distance migrant, and caves and subterranean mines are extremely rare in eastern North Carolina, it is uncertain whether or where NLEB hibernate in eastern North Carolina. During the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees (typically ≥3 inches dbh). Males and non-reproductive females may also roost in cooler places, like caves and mines. This bat has also been found, rarely, roosting in structures like barns and sheds, under eaves of buildings, behind window shutters, in bridges, and in bat houses. Foraging occurs on forested hillsides and ridges, and occasionally over forest clearings, over water, and along tree-lined corridors. Mature forests may be an important habitat type for foraging. Biological Conclusion: May Affect, Not Likely to Adversely Affect Forested areas suitable as roosting habitat for the NLEB exist in the study area. However, as of June 7, 2016, the USFWS does not indicate that Surry County contains any confirmed hibernation or maternity sites for the NLEB. Therefore, this project will not require incidental take and is exempted under the final 4(d) rule guidelines. In addition, a review of NCNHP records indicates no known NLEB occurrences within 1.0 mile of the study area. Schweinitz's sunflower USFWS Optimal Survey Window: late August-October Habitat Description: Endemic to the Piedmont of North and South Carolina, the few sites where this rhizomatous perennial herb occurs in relatively natural vegetation are found in Xeric Hardpan Forests. The species is also found along roadside rights-of-way, maintained power lines and other utility rights-of-way, edges of thickets and old pastures, clearings and edges of upland oak-pine-hickory woods and Piedmont longleaf pine forests, and other sunny or semi-sunny habitats where disturbances (e.g., mowing, clearing, grazing, blow downs, storms, frequent fire) help create open or partially open areas for sunlight. It is intolerant of full shade and excessive competition from other vegetation. Schweinitz’s sunflower occurs in a variety of soil series, including Badin, Cecil, Cid, Enon, Gaston, Georgeville, Iredell, Mecklenburg, Misenheimer, Secrest, Tatum, Uwharrie, and Zion, among others. It is generally found growing on shallow sandy soils with high gravel - Providing ecosystem planning and restoration services to support a sustainable environment - content; shallow, poor, clayey hardpans; or shallow rocky soils, especially those derived from mafic rocks. Biological Conclusion: No Effect There is no suitable habitat for Schweinitz’s sunflower in the conservation easement. Much of the easement is comprised of pasture land, grazed or maintained to the wood edge. In addition, a review of NCNHP records indicates no known occurrences of the sunflower within 1.0 mile of the study area. Small whorled pogonia USFWS Optimal Survey Window: mid-May - early July Habitat Description: Small whorled pogonia occurs in young as well as maturing (second to third successional growth) mixed-deciduous or mixed-deciduous/coniferous forests. It does not appear to exhibit strong affinities for a particular aspect, soil type, or underlying geologic substrate. In North Carolina, the perennial orchid is typically found in open, dry deciduous woods and is often associated with white pine and rhododendron. The species may also be found on dry, rocky, wooded slopes; moist slopes; ravines lacking stream channels; or slope bases near braided channels of vernal streams. The orchid, often limited by shade, requires small light gaps or canopy breaks, and typically grows under canopies that are relatively open or near features like logging roads or streams that create long-persisting breaks in the forest canopy. Biological Conclusion: No Effect Wooded hillsides in the conservation easement provide habitat for small whorled pogonia. However, all restoration work will occur within the floodplains, and the hillsides will not be impacted. In addition, a review of NCNHP records indicates no known occurrences of the pogonia within 1.0 mile of the study area. If EPR has not received response from you within 45 days, we will assume that the USFWS does not have any comment or information relevant to the implementation of this project at the current time. We thank you in advance for your timely response, input, and cooperation. Please contact me at the above phone number or address with any question. Sincerely, Cidney Jones, PE - Providing ecosystem planning and restoration services to support a sustainable environment - [NCNHP] North Carolina Natural Heritage Program. 2001. Guide to Federally Listed Endangered and Threatened Species of North Carolina. Raleigh, NC. 134 pp. [NCWRC] North Carolina Wildlife Resources Commission. 2006. Bog Turtle Fact Sheet.http://www.ncwildlife.org/Portals/0/Conserving/documents/nongame_bogturtle_hires.pdf. (Accessed: March 13, 2017). Schafale, M.P. and A.S. Weakley. 1990. Classification of the Natural Communities of North Carolina: Third Approximation. Natural Heritage Program, Division of Parks and Recreation, N.C. Department of Environment, Health, and Natural Resources. Raleigh, NC. 325 pp. [USFWS] U.S. Fish and Wildlife Service. 2016. NC County NLEB consultation areas. https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html (Accessed March 13, 2018) [USFWS] U.S. Fish and Wildlife Service. 2016. Small-whorled Pogonia Fact Sheet. https://www.fws.gov/midwest/endangered/plants/smallwhorledpogoniaf s.html. (Accessed: March 13, 2018). [USFWS] U.S. Fish and Wildlife Service. 2015. NLEB Fact Sheet. https://www.fws.gov/midwest/endangered/mammals/nleb/pdf/NLEBFactSheet01April2015.p df. (Accessed: March 13, 2018). [USFWS] U.S. Fish and Wildlife Service. 2014. Northern Long-Eared Bat (NLEB) Interim Conference and Planning Guidance. USFWS Regions 2, 3, 4, 5 & 6. https://www.fws.gov/northeast/virginiafield/pdf/NLEBinterimGuidance6Jan2014.pdf. (Accessed: March 13, 2018). [USFWS] U.S. Fish and Wildlife Service. 2011. Schweinitz’s Sunflower (Helianthus schweinitzii). https://www.fws.gov/raleigh/species/es_schweinitz_sunflower.html. (Accessed: March 13, 2018). [USFWS] United States Fish and Wildlife Service. Asheville Ecological Services Field Office. 2011. Bog Turtle (Glyptemys muhlenbergii).https://www.fws.gov/asheville/htmls/listed_species/bog_turtle.html. (Accessed: March 13, 2018). [USFWS] U.S. Fish and Wildlife Service. 2006. Optimal Survey Windows for North Carolina’s Federally Threatened and Endangered Plant Species.https://www.fws.gov/raleigh/pdfs/survey_window_for_plants.pdf. (Accessed: March 13, 2018). [USFWS] U.S. Fish and Wildlife Service. 1994. Schweinitz’s Sunflower Recovery Plan. Atlanta, GA. 28 pp. [USFWS] U.S. Fish and Wildlife Service. 1992. Small Whorled Pogonia (Isotria medeoloides) Recovery Plan, First Revision. Newton Corner, Massachusetts. 75 pp. PROJECT LOCATION 36.489851 N-80.641183 E RED BARN SITE SURRY COUNTY, NC VICINITY MAP FIGURE 1 PREPARED BY: # PREPARED FOR: Legend Proposed Easement 0 21Miles USACEWILMINGTON DISTRICT UT1 UT2 S T E WA R T S C R E E K UT3 RED BARN SITE SURRY COUNTY, NC USGS TOPOGRAPHIC MAP FIGURE 2 PREPARED BY: # PREPARED FOR: Legend Proposed Easement 0 2,0001,000 Feet USACEWILMINGTON DISTRICT NCNHDE-5569 March 13, 2018 Amy James Ecosystem Planning and Restoration 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 RE: Red Barn Mitigation Bank Dear Amy James: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database, based on the project area mapped with your request, indicates that there are no records for rare species, important natural communities, natural areas, or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one-mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919.707.8603. Sincerely, NC Natural Heritage Program Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Red Barn Mitigation Bank March 13, 2018 NCNHDE-5569 No Element Occurrences are Documented Within a One-mile Radius of the Project Area No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Conservation Reserve Enhancement Program Easement NC Department of Agriculture, Division of Soil and Water Conservation State Surry County Open Space Surry County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/content/help. Data query generated on March 13, 2018; source: NCNHP, Q1 January 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 Powered by TCPDF (www.tcpdf.org) Page 3 of 3 Ecosystem Planning and Restoration, LLC 559 Jones Franklin Road, Suite 150 Raleigh, NC 27606 Phone: (919) 388-0787 www.eprusa.net March 16, 2018 Renee Gledhill-Earley State Historic Preservation Office 109 East Jones Street, Room 258 Raleigh, NC 27601 RE: Red Barn Mitigation Bank Site Surry County, North Carolina Catalogue Unit 03040101 Dear Ms. Gledhill-Earley, Ecosystem Planning and Restoration (EPR) is planning to conduct stream and wetland restoration/enhancement activities for the above referenced project. We are requesting your office to review and comment on any possible issues that may emerge with respect to archaeological or cultural resources associated the proposed stream and wetland restoration/enhancement project. Included in this package are USGS site topographic maps at 1:24,000 scale, and relevant site photographs. The project is comprised of multiple parcels off Cletius Moser Trail and Timeless Trail, approximately 0.5 miles south of NC 89 and 0.5 west of the City of Mount Airy in Surry County, North Carolina (Figure 1). Figure 2 depicts the project on the United States Geological Survey (USGS) Dobson, NC 7.5-minute topographic map at 36.4898 N and -80.6411 E and is comprised of six parcels, here indicated by the following Parcel ID Nos.: 501000713046, 591900791439, 591900797501, 591900894216, 591908883852, and 591908891501. The Red Barn Mitigation Bank Site site was identified to provide in-kind mitigation for unavoidable stream and/or wetland impacts. Segments of this stream network have been identified as incised, eroding, and no longer connected to their floodplains. In total, almost 7,200 linear feet will be restored through the relocation of streams to their approximate historic locations and reconnection with the historic floodplain. To that end, new channels will be constructed within the existing pasture-land with excavation depths ranging from 1-4 feet. All work will take place within a 24-acre conservation easements shown on the attached Figure 2. There are no existing structures with the proposed conservation easement. The majority of the site has historically been disturbed due to past and current management for cattle grazing and rearing and crop production. Furthermore, no architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. According to SHPO’s online GIS Mapping Application (http://gis.ncdcr.gov/hpoweb/) accessed on March 13, 2018, there are no historic structures located within 1 mile of the site. - Providing ecosystem planning and restoration services to support a sustainable environment - Construction activities will take place within jurisdictional waterbodies requiring Section 401 and 404 permits from the NC Department of Environmental Quality (DEQ) and the US Army Corps of Engineers. Grading activities will require a Sediment and Erosion Control permit from the NC Division of Land Quality. Portions of the site are located within a mapped FEMA floodplain and will require coordination with Surry County Floodplain Administrators. Please contact me at the above phone number or address with any question. Sincerely, Cidney Jones, PE Water Resource Engineer PROJECT LOCATION 36.489851 N-80.641183 E RED BARN SITE SURRY COUNTY, NC VICINITY MAP FIGURE 1 PREPARED BY: # PREPARED FOR: Legend Proposed Easement 0 21Miles USACEWILMINGTON DISTRICT UT1 UT2 S T E WA R T S C R E E K UT3 RED BARN SITE SURRY COUNTY, NC USGS TOPOGRAPHIC MAP FIGURE 2 PREPARED BY: # PREPARED FOR: Legend Proposed Easement 0 2,0001,000 Feet USACEWILMINGTON DISTRICT