Mt Calvary FWBC_Spruce Pine Avery Co. Not Wk in Trout Watersheds_USFWS_PFW_landowner agreement_3_18_2020_compressed

State of North Carolina
rm Department of Environmental Quality
Division of Water Resources
Water Resources ISA NCAC 02H .0506(b)(4) Water Quality Certification,
Environmental Quality Notification of Work in Trout Watersheds
FORM: TroutWS I1-2017
Notification of Work in Trout Watersheds Form
A.
Applicant Information
1.
Processing
1a.
Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1 b.
Has the NWP or GP number been verified by the Corps?
es
❑ No
1c.
Does the project meet all the Conditions of the applicable Water Quality
Certification
Yes
❑ No
Please note that your project may be subject to the Sediment and Erosion Control Program and/or Trout Buffers
Implementedby. the. Division of Energy, Mineral, and Land Resources. Find more info at: -
https://deq.ne.gov/abouVdivisions/energy-mineral-land-r"oumes/ermionaediment-control
2.
Project Information
2a.
Name of project:
Mount Calvary Free Will Baptist Church Bank Stabilization project
2b.
County:
Avery
2c.
Nearest municipality/town:
Spruce Pine
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Shawn Franklin
3b.
Responsible Party (for LLC if
applicable):
Matthew Rhyne, Minister
3c.
Street address:
86 State Road 1101
3d.
City, state, zip:
Spruce Pine, NC 28777
3e.
Telephone no.:
3f.
Email address:
4.
Agent/Consultant Information (If applicable)
4a.
Name:
Laura Fogo
41b.
Business name
(if applicable):
LISFWS, 160 Zillocoa Street, NC 28801
4c.
Telephone no.:
828-258-3939, ext. 42228
4d.
Email address:
Laura for o@dHws aov
B.
Project Information
1.
Property Identification
Ia.
Property identification no. (tax PIN or parcel ID):
1181100133708
ib.
Site coordinates (in decimal degrees):
Latitude: 35°56'55.47"N Longitude:-
(DD.DDDDDD)
82° 0'8AV W
(-DD.DDDDDD)
2.
Project Description

2a. Explain the purpose of the proposed project (wnbnw on bwk):
The proposed project will involve streambank stabilization along 120 ft of Clear Creek behind the Mt Calvary FWB
Church sanctuary along the left bank. The streambank is currently eroding with bank retreat along the toe and
sloughing occurring above the inner berm elevation. The proposed project will provide bank protection using a
boulder revetment (90 ft) where scour along the toe is occurring. The project will ensure appropriate low flow
channel and bankfull channel dimensions to prevent erosion occurring along the right bank. The boulder revetment
will protect the bank toe from the scour depth up to the inner berm elevation. Streambank stabilization will occur
along 120 ft of bank, including the section with boulder revetment. Streambanks will be graded to a 2:1 slope, and
stabilized with erosion control matting, native riparian and temporary seed, and livestake plantings. Project design
was provided by Melanie Carter, PE, PhD, Private Lands Engineer, Virginia Tech Conservation Management Institute
2b. Describe the overall project in detail, including the type of equipment to be used:
Trout Waters on Tract: Clear Creek, Avery County, NC. North Toe River within .25 miles.
Linear distance and width of the buffer to be disturbed: 120 feet x 15-20 feet
The first 25 feet of the buffer measured from the top of the bank: This area consists of non-native grasses and severe
erosion on the stream bank.
Discharge points into the buffer zone: See construction access on plan map on the south side of the church. From the
parking lot, the discharge access will only be on the left bank within the 120 foot long x 15 foot wide buffer section on
the left bank as delineated on the plan map.
Buffer disturbance description: A track -hoe excavator with hydrologic thumb will be the primary tool for bank
restoration. Approximately 120 feet of the left bank will be disturbed in order to stabilize it, to prevent further erosion
of the existing bank. The equipment can only work within 15-20 feet x 120 feet from the top of bank, pulling it back
according to the attached design, then install the 90 foot boulder toe revetment. The equipment will not be working in
the stream, and work from the bank. An additional 30 feet within the upper bank will pulled back at the same 2:1 slope
where there is bank failure. The boulders will be stockpiled immediately south and behind the church in the grassy area
where they was disturbance before. No de -watering is not planned.
Construction schedule: The construction schedule will have to be flexible to work in dry weather and plan according
watching the weather forecast. The approximate date to start work will be after the trout moratorium of April 15th,
2020. The timeline is to install the boulder revetment and bank stabilization within 2 days. Then, implement our
sedimentation and erosion control plan immediately. See below.
Measures to be used to control erosion and sedimentation: Sedimentation and erosion control measures will be in
place before any land disturbing activities start. The existing, eroding buffer will be stabilized and restored to a 2:1
slope. Erosion control, coir matting will cover the entire disturbed bank and staked down. Then it will be planted with a
mix of temporary rye grain and brown top millet, and permanent native warm season grass mix. Wheat straw will be
placed on top. The temporary mix will also be planted on all disturbed areas within the construction zone. Silt fencing

and coir logs will be placed at the toe of the stream bank immediately after construction each afternoon, and when
finalized. Once the project is done, the silt fence will stay in place until the ground is stabilized.
Livestake plantings will consist of the following native tree and shrub species: spice bush, elderberry, silky dogwood,
silky willow, black willows on a 2 foot spacing. Additional larger hardwoods such as maples and oaks will be planted by
the church in the buffer for stream stabilization and beautification.
C. Stream Impacts: Please list all proposed impacts to the stream
1 a. Stream Name: Clear Creek
lb.
Type of impact
Average stream
Impact length
width (linear feet)
(linear feet)
❑ Bank Stabilizaton -Sloping and Revegetating
10
120
❑ Bank Stabilization - Sloping and Riprap/Armoring- toe revetment
00
❑ Bank Stabilization - Gabion Baskets / Retaining Wall
❑ Culvert Installation
I Culvert Diameter:
❑ Temporary Impacts for required dewatering activities- small boulder
diversion
5
10
❑ Other (describe): _none
1c. Comments:
Please find attached Grading Site Plan.
Laura M. Fogo
Match 18,
CCCC1111
l�uAno�yyl
2020
Owner/Agent's Printed Name
Owner/Agent's Sidnature
(Agent's signature is valid only if an authorization letter from the owner is
Date
ovided.
r I, 1 l I I i � •! i

Landowner Agreement No: F18AC00615- Mt. Calvary Freewill Baptist Church
PARTNERS FOR FISH AND WILDLIFE PROGRAM
LANDOWNER AGREEMENT
This Landowner Agreement (Agreement), dated ,A 9V h 19 , 2020, between Mt. Calvary
Freewill Baptist Church, Trustees of Burleson Chapel (landowners), the Blue Ridge RC&D
(Cooperator or BRRCD), and the US Fish and Wildlife Service (USFWS), are entered into
pursuant to authority contained in the Partners for Fish and Wildlife Act (P.L. 109-294), the Fish
and Wildlife Coordination Act (16 U.S.C. 661 et seq.) and the Fish and Wildlife Act of 1956 (16
U.S.C. 742a j), as amended. This project was selected for funding because the Landowner(s)
share(s) a common objective with the USFWS to restore habitat for the benefit of federal trust
species on private lands, and the project supports priority actions identified in the Regional
Partners for Fish and Wildlife (Partners) Program Strategic Plan.
Mt. Calvary Freewill Baptist Church, 86 State Rd 1101, Spruce Pine, NC 28777, hereby agree to
participate with the Service and BRRCD in conducting certain wildlife management practices on
lands owned or managed in Avery County, the each or collectively own along Brushy Creek
Road and Clear Creek, in Toe River (township), North Carolina, described as follows: all of, or
within approximately 120' feet of Clear Creek, at the following location: 35 deg. 570" N, -80
deg. 0'3.6" W, parcels ID numbers: 181100134425, 181100134655, 181100136981. See
attached Figure 1.
In signing this Agreement, the Landowners join as a participant in a wildlife habitat
improvement program, and grants to the Cooperator and the USFWS authority to complete the
habitat improvement project; or the Landowners may personally carry out management activities
with financial or material support as described in attached Exhibit A. Any donation of supplies,
equipment, or direct payment from the Cooperator to the Landowner for carrying out the habitat
improvements is included in Exhibit A. The activities conducted pursuant to this Agreement are
not to replace, supplement or otherwise contribute to any mitigation or compensation that may be
required of the Landowners or Cooperator, or other parties, as a result of any mandated
requirements.
The term of this Agreement (also referred to as the habitat retention period) will be completed
10 years from the date of completion approximately May 1, 2020. This Agreement may be
modified at any time by mutual written consent of the parties. It may be terminated by either
party upon 30 days advance written notice to the other parties. However, if the Landowners
terminate the Agreement before its expiration, or if the Landowners should materially default
on these commitments, then the Landowners agrees to reimburse the Cooperator prior to final
termination for the prorated costs of all habitat improvements placed on the land through this
Agreement. The Cooperator will work with the USFWS to determine how those funds will be
used. For these purposes, the total cost of the habitat improvements to the United States is
agreed to be $25,000.00.

Landowner(s):
The Landowners, with legal authority over land management decisions, guarantees ownership of
the above -described land and warrants that there are no outstanding rights that interfere with this
Landowner Agreement.
The Landowners will notify the Cooperators and the USFWS of planned or pending
changes in ownership. A change of ownership shall not change the terms of this
Agreement. The Agreement and terms shall be in effect on the described land for the term
of the Agreement.
The Landowners agrees to allow access (with advance notice) to the USFWS and the other
cooperating partners to implement the project described in Exhibit A, and to monitor
project success.
The Landowners retains all rights to control trespass and retains all responsibility for taxes,
assessments, and damage claims.
During the 10 year habitat retention period approximately May 1, 2020 to May 1, 2030, after the
project has been estimated to be completed, the landowners must maintain the habitat in its
restored state under this award.
At the end of the habitat retention period, the habitat improvement project will become the sole
property and complete responsibility of the Landowners. There shall be no obligation to the
USFWS or the Cooperator after the term of the Agreement has expired.
The Landowners will be responsible for securing any necessary permits. Technical advice and
support will be provided by participating agencies as needed. The Landowners and Cooperator
agrees to identify USFWS' contribution to the project during public presentations, reports, or
other information published about the project, as appropriate. A Partners for Fish and Wildlife
sign shall be posted at the property after the project is complete to acknowledge work
completed.
The Landowner(s) will not be responsible for replacing wildlife habitat developments that are
damaged or destroyed by severe acts of nature.
USFWS:
The USFWS will work with the Landowners and Cooperators signing this Agreement,
throughout the entire Agreement term to support actions needed to ensure that the project is
designed and constructed per the Agreement and functions as intended.
The USFWS, its agents, or assignees will provide advanced notice prior to accessing the
Landowners property to implement the project described in the work plan, and to monitor project
success.

The USFWS assumes no liability for damage or injury other than that caused by its own
negligence, on the above acreage. The USFWS does not assume jurisdiction over the premises
by this Agreement.
Spatial Information Sharing: In accordance with the Privacy Act of 1974, permission must be
obtained from the Landowner before any personal information can be released. The only
information that can be shared is payment information that is authorized by law. Therefore,
Landowner consent is requested to allow for sharing of spatial information about this project
solely with conservation cooperators providing technical or financial assistance with the
restoration, enhancement or management of fish and wildlife habitat.
JI, the Landowner, consent to having spatial information about this project shared with
�other conservation cooperators
" 8' 1, the Landowner, do NOT wish to have any spatial information about this project shared
with other conservation cooperators
%hagytl Au //b' lie)
Matthew Rhyne, Landowner epresentative Date
nathan Hartsell, Blue4tfdge RC&D, Executive Director Date
M- 4;�- 3114-1a-o
L um Fob go, USFWS PartnerUhr Fish and Wildlife Program Biologist Date
Janet Mizzi, USFWS, Asheville ES Field Office Supervisor Date

EXHIBIT A
The habitat improvements described below are agreed to by the landowners, the USFWS, and
Blue Ridge RC&D in a Landowner Agreement dated m 1fth IN ' 2020.
Description of Habitat Improvement Project and Objectives:
The purpose of this Partners for Fish and Wildlife project is to implement streambank
stabilization along 120 feet of Clear Creek behind the Mt. Calvary FWB Church sanctuary along
the left bank. This project will also protect the church property along this reach from further
land loss, and provide an aesthetic natural stream channel with native rock stability. The riparian
buffer will be restored by planting native trees, shrubs and pollinator species. It is important that
the native vegetation be allowed to grow along the streambank. This will prevent further erosion
in the future and allow the project to be successful. Clear Creek streambank stabilization will
result in improved water quality to benefit federal trust species such as the Eastern hellbender,
the federally listed Appalachian elktoe freshwater mussel, and other aquatic organisms that occur
in Clear Creek and the North Toe River.
Stabilize 120 feet of streambank, reduce erosion and property loss, and improve wildlife
habitat
Provide bank protection using a boulder revetment (90 feet) where scour along the toe is
occurring.
Grade stream bank to a 2:1 slope, and stabilize with erosion control matting and native
vegetation
Estimated Timeline:
A3
April 16, 2020 — May 2020: Blue Ridge RC&D will coordinate with the landowners and
contractors to stabilize the streambank along 120 feet of Clear Creek behind the Mt. Calvary
FWB Church.
The US Fish and Wildlife Service will be actively involved in each stage of the work with this
project along with the NCWRC and the landowners. The Service will provide technical
assistance for this project, provide Partners for Fish and Wildlife cost share funds for
implementation, and work closely with the Blue Ridge RC&D and the landowner to ensure the
work is accomplished on the ground within the time frame. Approximately 77% ($25,000) of the
cost is identified to be paid by the US Fish and Wildlife Service's Partners for Fish and Wildlife
Program and the remaining 23% ($7,240) of the cost is identified as in -kind match by the Blue
Ridge RC&D, Virginia Tech University, Sibelco, and the landowner.

The Landowners will:
The Landowner's contributions to this project will consist of the following activities within the
streambank of Clear Creek owned by Mt. Calvary Freewill Baptist Church:
• The landowners will provide $500 match by assisting with the planting of streambank
vegetation.
• Keep streambank within the restored state for a minimum of 10 years.
• Do not mow the streambank vegetation, place objects, or any type of fill material in stream.
Keep the stream clean of trash, and do not impound the stream.
• Coordinate any proposed work within or adjacent to the bog with Blue Ridge RC&D and
USFWS.
• Blue Ridge RC&D will provide $500 as in -kind match for project management.
• Staff will serve as project manager and facilitate the streambank stabilization and
improvement activities.
• Staff will provide technical assistance of stabilization activities along the stream. Those
activities include but are not limited to recruitment and management of third -party
labor/contracts, monitoring and coordinating the activities of contractors, and managing
any associated collaborative efforts.
Additional information as required for the protect: NA
Budget Table:
Partners
Object Class
Landowner
USFWS
Blue
Virginia
Sibelco
Totals
Categories'
Partners
Ridge
Tech
Program
RC&D
University
(Melanie
Carter,
PE)
roject Planning &
$500.00
$500
oordination
Surveying, planning,
$3,720.00
$3,720
esign, and
onitoring
ock donation
2,520.00
$2,520

Construction
525,000.00
$25,000
Maintenance of
$500
$500
vegetation along
treambank for 10
ears
otals
$500.00
25,000.00
r5OO.00
3,720.00
2,520.00
° The total cost -share by the Cooperator, Service and Landowner must remain the same, however
allocations by categories may be redistributed upon prior approval by the Service. Any work to
be completed may be modified with the mutual agreement of the aforementioned parties.
See Budget Table above.
Figure 1: F18AC00615-Mt. Calvary Freewill Baptist Church stream restoration project, Spruce
Pine, Avery County, NC.

/
i
/
abf(uner B aiu to Top
of B
rom Inner Bnmt to iop of Bank
/ (Goode 21 slope, matting. r
native seod, livestakes)
�nstali Boulr Ro Iment (90 R) ,
along Bank Toe (Scour Depth In ) ��
/ Inner BermElevationl 'i b
6mdder, Revetment
to most nikeyed Into bank
al nu upstream and
downstream and _
(m lnnnd.06 ft)
V t
and
Property Boundary (Approx)