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HomeMy WebLinkAbout20240889 Ver 1_LakeSusan_PCN-Summary-Rev3_20240626r� s Pre -Construction Notification / Permit Application Lake Susan Greybeard Trail Montreat, Buncombe County, North Carolina Headwater Project # A24-104 Prepared for: Montreat Retreat Association C/O Blue Earth Planning, Engineering & Design, PC 1 Haywood Street, Suite 414 Asheville, North Carolina 28801 June 25, 2024 1 BlueEarth i AmnlzrAG t Pre -Construction Notification / Permit Application Lake Susan Greybeard Trail Montreat, Buncombe County, North Carolina Headwater Project # A24-104 June 25, 2024 Prepared for Montreat Retreat Association C/O Blue Earth Planning, Engineering & Design, PC 1 Haywood Street, Suite 414 Asheville, North Carolina 28801 Prepared by Headwater Environmental 862 Haywood Road Asheville, North Carolina 28806 Adam Tripp June 25, 2024 Headwater Environmental, Inc. Principal Geologist Lake Susan —Pre -Construction Notification / Permit Application TABLE OF CONTENTS 1 Introduction............................................................................................................... 2 1.1 Site Description..................................................................................................................2 1.2 Jurisdictional Determination and Aquatic Resources Summary ......................................... 2 1.3 Sediment and Lake Depth Assessment.............................................................................3 1.3.1 Sediment Probe Data Evaluation and Limitations .................................................. 3 1.4 Watershed and Sediment Chemical Analysis.................................................................... 4 2 Construction Summary............................................................................................. 5 2.1 Sediment Dredging and Removal...................................................................................... 5 2.1.1 Lake Level Control................................................................................................. 5 2.1.2 Sediment Dewatering and Staging Areas.............................................................. 6 2.1.3 Turbidity Control and Monitoring............................................................................ 6 2.1.4 Sediment Spoils Storage....................................................................................... 7 2.2 Wetland and SAV Habitat Construction............................................................................. 7 2.3 Flat Creek Restoration....................................................................................................... 7 3 Endangered Species Act Review.............................................................................. 8 3.1 Natural Heritage Program Database Review.....................................................................8 3.2 Habitat Description............................................................................................................. 8 3.3 Species Review................................................................................................................. 8 3.4 Habitat Review and Determinations................................................................................. 11 3.5 Eagle Protection............................................................................................................... 12 3.6 Essential Fish Habitat and Trout...................................................................................... 13 Figure 1 Site Location Map Figure 2 Wetland Delineation Map Figure 3 Sediment Thickness Map APPENDICES Appendix A Agent Authorization Form and Property Record Card Appendix B Lake Susan Dredge Design Drawing —Pre -Construction Plan Appendix C Endangered Species Act Review Documents • IPAC Species List Letter, June 20, 2024 • North Carolina Natural Heritage Database Review, June 17, 2024 • Photo Log Headwater Environmental 1 Lake Susan —Pre -Construction Notification / Permit Application 1 Introduction Headwater Environmental, Inc. (Headwater), on behalf of Blue Earth Planning, Engineering & Design, PC (Blue Earth), and the Montreat Retreat Association (Property Owner) prepared this application for maintenance dredging of Lake Susan, located between Assembly Circle and Greybeard Trail in Montreat, Buncombe County, North Carolina (the Site). A topographic map showing the Site location is provided as Figure 1. Agent Authorization forms and property record card are included in Appendix A. Headwater understands that dredging will be needed to restore navigational access to areas of the lake that have been inundated with sediment and to improve the wildlife habitat and ecological function of the lake. Activities planned during dredging include the construction of a shallow lacustrine wetland and shallow aquatic vegetation habitat in the northeastern portion of the lake and restoration of Flat Creek to its original channel location where it discharges to the lake. As such, Nation Wide Permits (NWP) 03 — Maintenance, NWP 27 — Aquatic Habitat Restoration, Enhancement, and Establishment Activities, and NWP 13 — Bank Stabilization are being applied for. 1.1 Site Description Lake Susan is located between Greybeard Trail and Assembly Circle in Montreat, North Carolina. The lake's water source is supplied by Flat Creek. The lake is man-made. A concrete and stone impoundment with concrete spillway and earthen abutment is located on the southern side of the lake. Headwater understands that a stone wall of rip rap was placed in the lake in front of the impoundment structure to decrease hydraulic energy during stormwater events. At the upstream mouth of the lake, a stone bridge and walkway cross Flat Creek where it discharges to the lake. Much of the lake bank is composed of stone walls, but natural, earthen banks are present on the eastern side. A stone/concrete jetty and multiple wooden docks are present on the northwestern corner of the lake. According to Buncombe County Geographic Information System, the Site is identified as Parcel ID 071096841400000 and owned by the Mountain Retreat Association. Note that the parcel includes areas that are outside of the lake and its immediate vicinity, defined as the Site Boundary in attached figures. 1.2 Jurisdictional Determination and Aquatic Resources Summary A Preliminary Jurisdictional Determination (PJD) was applied for and the Site was issued United States Army Corp of Engineers (USACE) project number SAW-2004-31100. The PJD Site visit has not yet been performed and therefore PJD has not yet been issued. Lake Susan is an impoundment of Flat Creek which drains to the French Broad River basin. According to the North Carolina Department of Environmental Quality (DEQ), Flat Creek is Headwater Environmental 2 Lake Susan —Pre -Construction Notification / Permit Application classified as Class C waters. Class C waters are protected for uses such as aquatic life propagation, survival and maintenance of biological integrity (including fishing and fish), wildlife, secondary contact recreation, and agriculture. Four emergent wetlands (WA, WB, WC, and WD) are present along the boundary of the lake and are characterized by the presence of Smooth Alder (Alnus serrulata). Soil within the wetlands is generally saturated at a few inches below ground surface but are generally not inundated. Flat Creek is present to the north and south of Lake Susan. Refer to Figure 2 for a depiction of the Site findings. A summary of these features and their quantity on -site is below: • WA-0.002-acres • WB-0.018-acres • WC-0.009-acres • WD-0.031-acres • Lake Susan-2.0-acres • Flat Creek North of Bridge/Lake-303 feet • Flat Creek South of Dam-230 feet 1.3 Sediment and Lake Depth Assessment Sediment depth and thickness assessment was performed on February 29, 2024. The evaluation was performed by gauging the depth to top of sediment and bottom of sediment along multiple transects on Lake Susan. Sediment samples were also collected for geotechnical analysis. This data was then used to plot sediment thickness as shown on Figure 3. Sediment thickness evaluation indicates significant sediment, in some areas as much as 6 feet, has accumulated in Lake Susan. Sediment samples were collected from representative locations within the lake and were analyzed by Gentry Geotechnical Engineering, located in Asheville, North Carolina for Grain Size Distribution with Hydrometer. The majority of sediment is fine sand to silt -sized with abundant organic matter. However, an "alluvial fan" of courser grained sediment, up to boulders is present where Flat Creek discharges to Lake Susan. 1.3.1 Sediment Probe Data Evaluation and Limitations Probing of sediment was performed using'/2" diameter rebar applied with light pressure. A survey rod was ineffective for probing courser grained sediment near the mouth of Flat Creek, so was not used. Probing is a good method for evaluating for the presence of soft sediment that can be Headwater Environmental 3 Lake Susan —Pre -Construction Notification / Permit Application removed by hydraulic or mechanical means and is generally indicative of fugitive sediment that was deposited on the original lake bottom. However, native partially consolidated soil/sediment is amenable to probing. Additionally, sediment in the area where Flat Creek discharges to Lake Susan was observed to include cobbles and boulders. A shallow sub -surface cobble or boulder may result in early/shallow probe refusal. The probe length was ten feet long. For probe locations in the south-central portion of the lake, the sediment thickness exceeded the probe length in multiple locations. Because this data is intended to support dredging activities to facilitate navigation, sediment data in the deeper portion of the lake are not considered as important as shallow areas of the lake. Therefore, this data gap is not considered to be significant. 1.4 Watershed and Sediment Chemical Analysis Headwater evaluated the Flat Creek watershed, upstream of the lake, for the presence of potential sources of contamination. The DEQ Division of Waste Management (DWM) maintains an online Site Locator Tool to provide public access to currently available environmental information for sites that the DWM manages, permits, and inventories. Headwater reviewed the Site Locator Tool for the Site and vicinity. The review of this resource did not identify any incidents or releases in the Flat Creek watershed, upstream of the lake. However, underground storage tanks (USTs) are registered for the Winesborough Hall and the Howerton Building / Dining Hall, which are located to the east of Lake Susan. No record of a release or the material stored or size of the USTs was found. These USTs appear to be un-regulated and likely contain heating oil. Only limited residential structures are present upstream of the lake and otherwise appears to be a pristine watershed. The registered USTs appear to be located at least 100 feet from the lake. In Headwater's opinion, a significant release would have to occur for these USTs to impact sediment in the lake. Such a release would be documented. Based on this watershed review, no chemical analysis of sediment in Lake Susan is necessary. Headwater Environmental 4 Lake Susan —Pre -Construction Notification / Permit Application 2 Construction Summary The Lake Susan dredge project will include three primary tasks: • Removal of sediment from Lake Susan • Construction of a wetland and shallow aquatic vegetation (SAV) habitat • Restoration of Flat Creek Each task is discussed in detail in the following sections and construction drawings are included in Appendix B. 2.1 Sediment Dredging and Removal A total of approximately 6,500 cubic yards of sediment is planned to be removed from Lake Susan. Some of the coarser grained sediment will be used for wetland construction. The dredge design drawing shows the estimated original contours of Lake Susan as determined by sediment probing. Note that certain limitations associated with the sediment probing methodology (as described in Section 1.3.1) as well as lack of an original lake bottom survey, suggest that the estimated original contours should be considered approximate and may vary from the depths and locations displayed. Regardless, unconsolidated sediment is proposed to be removed such that the lake will be generally restored to its original depths. Sediment excavation will be performed to reach the indicated elevations (red contours on the drawing in Appendix B) or to where consolidated material is encountered, whichever is less. Note that a small area downstream of the mouth of Flat Creek is to be under excavated, leaving some of the accumulated coarse sediment in place in a downstream berm. The purpose of the resulting "berm" is to help trap future coarse sediment that enters the lake in an area that is more easily accessed for future maintenance dredging. Additional components of the project include the construction of a wetland and shallow aquatic vegetation habitat on the eastern bank of the lake as well as restoration of Flat Creek to its original thalweg in the area where it discharges to Lake Susan and installation of bank stabilization features. Those and other related activities are summarized in the following sections. 2.1.1 �_ake Level Control Headwater understands that there is not a drain that would allow complete dewatering of the lake. However, there are valved discharge pipes that will allow the water level to be drawn down by up to 10 feet. We anticipate most work will be performed using a barge with the lake level at full pond. However, removal of courser grained sediment, cobbles, and boulders near Flat Creek discharges to the lake may require mechanical removal. As such, the lake level will be lowered by Headwater Environmental 5 Lake Susan —Pre -Construction Notification / Permit Application approximately one foot to a few feet to allow better access to this area. Lake level will be lowered using the existing valved system. Water will be allowed to discharge to boulders located at the base of the dam. The substrate at the base of the dam is composed mostly of boulders, some of which are multiple feet in diameter, and will not be eroded from the discharge. Sediment Dewatering and Staging Areas The dredge operation may be completed by a combination of mechanical and hydraulic dredging. Mechanical dredging will be completed with a barge -mounted long -reach excavator and a containment barge. Sediment will be allowed to dewater on the containment barge and discharge water will be allowed to drain to the lake. Filter fabric and/or turbidity curtains may be used to remove sediment and control turbidity in the lake. Minor mechanical dredging may also be performed using a track -mounted excavator where Flat Creek discharges to the lake. Hydraulic dredging will be completed with a barge -mounted dredge and a material discharge line that crosses the dam and discharges into a berm -contained dewatering area of approximately one -quarter acre beyond the downstream toe of the dam. Details of this dewatering area will be determined after the most appropriate methods and volumes are discussed with contractors. The hydraulic dewatering is likely to be accomplished by pumping dredge discharge through silt bags, collection of the runoff water in a sedimentation and pump -back basin, and discharge of the pump - back water through silt bags back to the lake. Turbidity curtains will be utilized in the pump -back area if necessary. A second equipment staging / material loading area will be established at the northeastern corner of the lake as indicated in Appendix B. 2.1.3 Turbidity Control and Monitoring Lake Susan has acted as a sediment catch basin for many years, preventing sediment from traveling downstream. The dredging and related activities are expected to result in a minimal increase in turbidity and discharge of sediment downstream during the project. However, certain procedures will be utilized to further minimize downstream increases in turbidity. A turbidity curtain will be utilized around the dredge barge. A second curtain may also be placed downstream, before the dam. Turbidity will be measured at a monitoring point located just before the spillway of Lake Susan. A threshold of 50 Nephelometric Turbidity unit (NTU's) as measured by a Hach's 2100Q field turbidity meter or similar device will be utilized. If the threshold of 50 NTUs is exceeded, work will be temporarily suspended until turbidity levels are reduced and mitigation measures, such as adjustment of the turbidity curtain location, can be made. Turbidity will be monitored every two to three hours during work operations or at a greater frequency if a visible increase in turbidity is noted. During construction activities associated with the Flat Creek outlet restoration, the lake itself is expected to act as a sedimentation pond, allowing sediment to drop from the water column before Headwater Environmental 6 Lake Susan —Pre -Construction Notification / Permit Application water of elevated turbidity reaches the spillway. Further, sediment in this area is composed of coarser grained sand, pebbles, cobbles, and boulders. Finer grained sediment that could become entrained in the water column is limited. Sediment Spoils Storage Dredged material will be transported to a farm located at 48 Reeves Homeplace, Leicester, NC for temporary storage and eventual beneficial use. The material will be spread upon approximately 8 acres of gently sloping, uplands that is more than 100 feet from any jurisdictional water. The area between the dredge spoil and streams is, and will be vegetated with pasture grasses, shrubs and trees. As soon as feasible after the material delivery, the spoil material will be plowed under for soil improvement. 2.2 Wetland and SAV Habitat Construction The purpose of this component of the proposed project is to enhance the ecology of Lake Susan. Approximately 450 cubic yards of in -lake, courser grained, sediment will be used to construct wetland and submerged aquatic vegetation shelves along the eastern bank of the Lake. These areas will add habitat diversity to the Lake and support amphibian and fish wildlife. Courser grained sediment will be removed from the lake and placed in the lake, along its eastern bank as shown in Appendix B. The sediment for the wetland will be placed such that soil is saturated, but not continually submerged. A second shelf of sediment will be placed adjacent to the wetland at a shallow depth where it is continuously submerged. Following placement, a native wetland and shallow aquatic vegetation will be installed in this area. 2.3 Flat Creek Restoration As a result of years of sediment accumulation at the confluence of Flat Creek with Lake Susan, the creek's thalweg has shifted to lie against the eastern bank. That bank has been eroding and, if allowed to continue, may impact the foundation and apertures of McAlister Hall, an academic building owned by Montreal College. As such, the proposed project will include excavation (less than 1' depth) of a new thalweg approximately centered in the creek, construction of two rock vanes along the eastern bank that will serve to protect the bank and maintain the recentered thalweg. These features will provide bank toe armoring along approximately 15 feet of the eastern bank and along a total of approximately 30 feet of the western bank. Headwater Environmental 7 Lake Susan —Pre -Construction Notification / Permit Application 3 Endangered SDecies Act Review The purpose of the Endangered Species Act (ESA) is to provide a means to conserve the ecosystems upon which endangered and threatened species depend and provide a program for the conservation of such species. Section 7 of the ESA requires the agencies to ensure their activities are not likely to jeopardize the continued existence of federally listed species or destroy or adversely modify designated critical habitat. As such, Headwater has performed an Endangered and Threatened species habitat review of the Site and has requested an informal consultation under Section 7 with the U.S. Fish and Wildlife Service. Documentation, including a photographical log is included in Appendix C. 3.1 Natural Heritage Program Database Review On June 17, 2024, Headwater performed a query of the North Carolina Natural Heritage Program (NCNHP) database. Headwater's query of the NCNHP database indicated there is a potential occurrence of significantly rare vascular plant (Corallorhiza wisteriana / Spring Coral -root) within the Site boundary. No records for natural communities, natural areas, and/or conservation/managed areas were indicated within the project boundary. Multiple occurrences were documented outside of the Site but within one mile of the project boundary. 3.2 Habitat Description The site can be classified into two (2) habitat areas: 1. Upland Urban and Managed Landscape 2. Wetland, Lake, and Riparian Corridor These two habitat areas are overlapping. Lake Susan is fed by Flat Creek, and surrounded by paved and un-paved pathways, lawn, and landscaped features, including Rhododendron maximum, Rhododendron carolinianum, Liriodendron tulipifera, Pinus strobus, and Quercus albs. A rock wall is present around most of the lake. The lake's eastern boundary consists of a natural, earthen, lake bank, where four emergent wetlands are present and are characterized by the presence of Smooth Alder (Alnus serrulata). A rock bridge crosses Flat Creek at the lake's northern boundary. The southeastern edge of the lake is formed by an earthen impoundment that becomes stone and concrete where the spillway is located at the southwestern edge of the lake. 3.3 Species Review Headwater utilized the IPaC system to obtain a copy of the federally listed threatened and endangered species for Buncombe County and the Site specifically. A copy of the official species list, dated June 20, 2024, is included in Appendix C. Additionally, a query of the USFWS threatened and endangered species by county was completed. Headwater Environmental 8 Lake Susan —Pre -Construction Notification / Permit Application The USFWS lists eight (8) species as threatened, endangered, as candidate for threatened or endangered, or similarity of appearance, threatened for Buncombe County, North Carolina: COMMON NAME SCIENTIFIC NAME TAXONOMIC GROUP FEDERAL STATUS Gray bat Myotis grisescens Mammal E Northern long-eared bat Myotis septentrionalis Mammal E Tricolored Bat Perimyotis subflavus Mammal PE Bog turtle Clemmys muhlenbergii Reptile SAT Appalachian Elktoe Alasmidonta raveneliana Clam E Monarch Butterfly Danaus plexippus Insect C Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Flowering plant E Rock Gnome Lichen Gymnoderma lineare Lichen E E: Endangered, PE: Proposed Endangered T: Threatened, C: Candidate threatened/endangered, SAT: Similarity of Appearance, Threatened Gray bat (Myotis grisescens) The gray bat (sometimes chestnut brown) is a small bat, with a total length of 3 to 4 inches. The wing membrane connects to the ankle. Mating occurs in September to October. Roost sites are nearly exclusively restricted to caves throughout the year. Winter roosts are in deep vertical caves with domed halls. Large summer colonies utilize caves that trap warm air and provide restricted rooms or domed ceilings. Foraging is generally parallel to streams, over the water at heights of 6 to 9 feet. Northern long-eared bat (Myotis septentrionalis) The northern long-eared bat is a medium-sized bat averaging three and half inches in length but with a wingspan of nine to ten inches. It is distinguished by its long ears. During summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities, or in crevices of both live and dead trees. It has also been found, rarely, roosting in structures like barns and sheds. NLEB roosting habitat is described as live trees and/or snags >_5 inches dbh (12.7 centimeter) that have exfoliating bark, cracks, crevices, and/or hollows. Northern long-eared bats spend winter hibernating in large caves and mines with large passages. Specific areas where they hibernate have very high humidity, so much so that droplets of water are often seen on their fur. Northern long-eared bats emerge at dusk to fly through the understory of forested hillsides and ridges feeding on moths, flies, leafhoppers, caddisflies, and beetles, which they catch while in flight using echolocation. This bat also feeds by gleaning motionless insects from vegetation and water surfaces. Headwater Environmental 9 Lake Susan —Pre -Construction Notification / Permit Application Tricolored Bat (Perimyotis subflavus) The tricolored bat, formerly known as the eastern pipistrelle (Pipistrellus subflavus), is a small bat weighing 5 to 8 grams and has a wingspan of 8 to 10 inches. The term "tricolored" refers to the bat's yellowish -brown coat that is dark at the base, yellowish -brown in the middle, and dark at the tips. The wing membranes are blackish, but the face and ears have a pinkish color. An obvious identifying characteristic of this species is the pink color of the skin on the radius bone. Tricolored bats are associated with forested landscapes, often in open woods. They can also be found over water and adjacent to water edges. During the winter, tricolored bats are found in caves and mines, although in the southern United States, where caves are sparse, tricolored bats are often found roosting in road -associated culverts. During the spring, summer and fall, tricolored bats are found in forested habitats where they roost in trees, primarily among leaves. White nose syndrome and habitat loss are the biggest threats to tricolored bats. Bog turtle (Clemmys muhlenbergh) The bog turtle is the smallest turtle in North America, rarely exceeding three or four inches in length and weighing only about four ounces. Its orange to yellow patch on either side of the neck easily distinguishes it from other turtles. Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy meadows. These wetlands are usually fed by cool springs flowing slowly over the land, creating the wet, muddy soil needed by the turtles. This species is considered "threatened due to similarity of appearance" based on the habitat degradation of the northern population of bog turtle. Monarch Butterfly (Danaus plexippus) Adult monarch butterflies are large and conspicuous, with bright orange wings surrounded by a black border and covered with black veins. The black border has a double row of white spots, present on the upper side of the wings. Adult monarchs are sexually dimorphic, with males having narrower wing venation and scent patches. The bright coloring of a monarch serves as a warning to predators that eating them can be toxic. During the breeding season, monarchs lay their eggs on their obligate milkweed host plant (primarily Asclepias spp.), and larvae emerge after two to five days. Larvae develop through five larval instars (intervals between molts) over a period of 9 to 18 days, feeding on milkweed and sequestering toxic chemicals (cardenolides) as a defense against predators. The larva then pupates into a chrysalis before emerging 6 to 14 days later as an adult butterfly. There are multiple generations of monarchs produced during the breeding season, with most adult butterflies living approximately two to five weeks; overwintering adults enter into reproductive diapause (suspended reproduction) and live six to nine months. In many regions where monarchs are present, monarchs breed year-round. Individual monarchs in temperate climates, such as eastern and western North America, undergo long-distance migration, and live for an extended period of time. In the fall, in both eastern and western North Headwater Environmental 10 Lake Susan —Pre -Construction Notification / Permit Application America, monarchs begin migrating to their respective overwintering sites. This migration can take monarchs distances of over 3,000 km and last for over two months. In early spring (February - March), surviving monarchs break diapause and mate at the overwintering sites before dispersing. The same individuals that undertook the initial southward migration begin flying back through the breeding grounds and their offspring start the cycle of generational migration over again. Appalachian elktoe (Alasmidonta raveneliana) The Appalachian elktoe is a freshwater mussel with a round anterior and slightly pointed/rounded posterior, and it is yellowish brown in color. This mussel has been found in gravelly substrate, often mixed with cobble and boulder, or in cracks in bedrock. Water depths typically have been shallow, and current velocities have varied from moderate to fast. Reported from shallow, medium-sized creeks and rivers with cool, clean, well -oxygenated, moderate to fast flowing water. Most often in riffles, runs, and shallow flowing pools with stable, relatively silt -free, coarse sand and gravel substrate with cobble, boulders, and/or bedrock. Mountain sweet pitcher -plant (Sarracenia rubra jonesh) The mountain sweet pitcher -plant is carnivorous perennial herb with waxy -green, maroon -veined leaves that form erect, vase -like "pitchers" with ascending "lids." The pitchers are approximately 18 inches tall and are often partially filled with a broth of decaying insects. This species is found in mountain bogs with flat to gently sloping topography in valley bottoms that are not subjected to flooding. The soils of these bogs are acidic, deep, consist of a poorly drained loam/sand/silt, with measurable amount of organic matter. Rock Gnome Lichen (Gymnoderma lineare) This species is a fruticose lichen in Cladoniaceae. Its habitat includes bare rock/talus/scree, cliff, forest —conifer, and forest/woodland. Often found on shady rock or shady moss -covered rock. Also found in areas of high humidity, either on high -elevation cliffs or at lower elevations in deep river gorges. It is primarily limited to vertical rock faces, where seepage water from forest soils above flows at (and only at) very wet times, and large stream side boulders, where it receives a moderate amount of light but not high -intensity solar radiation. This species is threatened by habitat change, especially due to loss of Fraser -fir forests and by heavy recreational use of its habitat. 3.4 Habitat Review and Determinations There are no critical habitats identified in the Site area. Mature trees and partially forested areas are present on Site around Lake Susan, which is suitable habitat for tri-colored bat and NLEB. However, tree clearing is not planned as part of the project. Headwater Environmental 11 Lake Susan —Pre -Construction Notification / Permit Application Therefore, the NLEB and tri-colored bat are not likely to be adversely affected. Note also that night work is not anticipated for this project. Caves are not present on Site. Therefore, habitat for the gray bat is not expected to be present. While emergent wetlands are present, they lack the bog / marshy wetland characteristics of the bog turtle or mountain sweet pitcher -plant habitat. Therefore, this habitat is not likely present. Further, the emergent wetlands are not anticipated to be affected by construction. Flat Creek does have a gravelly substrate and boulders and/or bedrock is present. However, critical habitat for Appalachia Elktoe has been identified and does not overlap with the Site. Milkweed host plants were not observed on -Site. Therefore, monarch butterfly habitat is likely not present. Note that the monarch is a candidate species and not yet listed or proposed for listing. The rock gnome lichen is found in the Southern Appalachian Mountains on vertical rock faces either at foggy high elevation areas or in deep gorges in lower elevations, both areas of high humidity. The Site area generally does not meet these criteria and therefore suitable habitat for rock gnome lichen is not likely present. According to NHP, there are no biological occurrences mapped within the Site boundary other than Spring Coral -root. According to the North American Orchid Conservation Center, Spring Coral -root is considered globally secure, but is rare in several mid -Atlantic and New England states. Based on our assessment of the on -site conditions, the mature trees and partially wooded areas of the Site may represent potential habitat for the NLEB and tri-colored bat. However, no tree clearing is planned so no effect on these species is anticipated. Headwater determined that potential habitat for the remaining listed species is not present or not likely present. 3.5 Eagle Protection The bald eagle (Haliaeetus leucocephalus) is protected by the Bald and Golden Eagles Protection Act (the Eagle Act). The Eagle Act protects the bald from take and disturbance. An adult bald eagle has a white head, white tail, and large yellow bill; the remaining plumage is dark brown. Immature individuals are generally dark brown with light splotching. Bald eagles are a large bird of prey with a five to seven -foot wingspan. Breeding and roosting habitat is generally located near large bodies of water; such as, coastal areas, bays, rivers, lakes, etc. The bald eagle constructs large nests in tall mature trees or cliffs. Tree species vary greatly and include pines and hardwoods. The same nest may be used year after year. Winter roost sites vary in their proximity to food sources. Bald eagles are an adaptable species, and their habitat can be found throughout the United States. Headwater Environmental 12 Lake Susan —Pre -Construction Notification / Permit Application Neither a bald eagle specimen, nor bald eagle roosts were observed at the Site. Impacts to migratory birds and their habitat, including bald and golden eagles, are not anticipated with this project. 3.6 Essential Fish Habitat and Trout Lake Susan has been stocked with Rainbow trout and other fish species by the Property Owner. While Flat Creek is classified as Class C waters, it is considered to be within a designated trout watershed by the NC Wildlife Resources Commission, and therefore rainbow trout or other trout species may be present. As such, in -stream work in Flat Creek should be avoided between January 1 and April 15 to minimize impacts to trout reproduction. Headwater reviewed the National Oceanic and Atmospheric Administration (NOAA) Essential Fish Habitat Mapper. Essential fish habitat was not identified on -Site Headwater Environmental 13 FIGURES cCD N � Q O N (V 2 0 0 U �ocoQ 0 v (1) 0 ���.�*k co W Uz II w 0 W 2 cn a E o o c� o � Q W a� � U o :5 co 0) m CD �� U O o �> >' �i� cBcor fO C-o� — J m o O co Z CL o O O o co o oO 0 C H c � C 0 d _LO � o Lr V +��op OVA .;D _ �. aM �-4(3 a CUz ..t Q > o 4-j J O _ �O N LL z O Nco N NQ 0- �— W M O w O O 'J W W = cn -a E o U U) � 0 O z co U U C9a)C LL LO J LU D aDE uE w N co co coto U °� J m a (� a, ui Z (6 Z J 'C C C i N fll z 0 N (0 C � �� � (0 LO ' i O U) LL m Un m it (V 0 Q J c � z c0V 1 3: — 001 1 E I C) C7J% �N/>O�� � - „ `- �- \JQe\' -1 i ' ` • : F�� :rye . . . IL O �- co a 4j. � S t� t •: 's:. x� S .. . u a N2 cu N a o o a N LL O U O L O ao W U cQ C J O II m z LU na LU (6 0 z o� C o N ao a V co n D E Lu M — (U¢ U' wY) T�=a O 0 p W M vM V a m LL H Z u� CO 0 co U Z J m � p Y� t� H O W L m (�cu Z (B � J _ O U O U } p) ' a 0 co a` O (B �= (n (n a� N 2 J N co 0 (Z) WW 'a o - o 0 0 o" 0 to Cl) 2 APPENDIX A Agent Authorization Form and Property Record Card ®Buncombe County Assessment Property Record Search 071096841400000 MOUNTAIN RETREAT ASSOC 407 KENTUCKY RD PO BOX 969, MONTREAT, NC, 28757 KEY INFORMATION Zoning Land Use Code REL./ASSEMBLY Fire District FEB Present Use Neighborhood MOND Municipality CMT Special District - Total Appraised Value $5,473,900 Appraisal Area Chelsea Bond 828-250-4958 chelsea.bond@buncombecounty.org Exemption RXM Legal Description Deed Date: 03/04/1988 Deed: 1285-0648 Subdiv: MONTREAT Block: Lot: Section: Plat: 0016-0095 Plat ReferenceJE5 ASSESSMENT DETAILS Land Value $626,900 Building Value $4,847,000 Features $0 Total Appraised $5,473,900 Value Deferred Value $0 Exempt Value $5,473,900 Total Taxable $0 Value LAND INFORMATION ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN I REL./ASSEMBLY 26.92 acres MOND $626,900 YES BUILDING INFORMATION IS THE BUILDING INFORMATION ON YOUR PROPERTY RECORD CARD CORRECT? Please confirm that the information below is correct for all buildings, via the 'Confirm property record card data is correct' button. If any of the information is incorrect on any building please report the changes via the 'I want to update my property record' button for the building that needs to be updated. Confirm Property Record Card Data is correct. BUILDINGS) BUILDING (1) Quality AVG Condition NORMAL Building Type COM CLASS D Year Built 1964 Full Baths 0 Half Baths 0 Fireplaces 0 Story 1.00 Heat Type - Green Certification - Style COM CLASS D Total Finished Area 2701 Bedrooms - Deck 0 Patio 0 Carport 0 Garage 0 Utility 0 Unfinished 0 Finished Basement 0 Basement Porch 0 Building Value $83,600 BUILDING (2) BUILDING (3) BUILDING (4) BUILDING (5) BUILDING (6) BUILDING (7) BUILDING (8) BUILDING (9) BUILDING (10) BUILDING (11) TRANSFER HISTORY TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT No items to display VALUE CHANGE HISTORY DATE OF VALUE EFFECTIVE TAX LAND BUILDING FEATURES NEW CHANGE YEAR REASON FOR CHANGE VALUE VALUE VALUE VALUE 2017-01-27 00:00:00 2017 COMMERCIAL REAPPRAISAL $626,900 $4,418,100 $0 $5,045,000 NOTICE 2021-02-01 00:00:00 2021 COMMERCIAL REAPPRAISAL $626,900 $4,847,000 $0 $5,473,900 NOTICE RECENT PERMIT ACTIVITY PERMIT DATE PERMIT TYPE PERMIT STATUS 04/05/2017 COMMERCIAL ADDITION 03/14/2017 COMMERCIAL ADDITION APPEALS No recent appeal information Data last updated: 01/31/2024 jurisdictional determination Request D. PROPERTY ACCESS CERTIFICATIO1w " By signing below, i authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of waducting DO - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 4N of the Clean Water Act and/or Section 10 ofthe Rivers and Harbors Act of 1899 1, the undersigned, am either a ditty authorized owner of record of the property identified herein, of acfi;ig as the duly authorized agent of the owner ofrecosd of the property. Pant Name Capacity; LJ Owner ❑ Authorized Agent$ Date Additionally, by signing this document, authorize Headwater Environmental, Inc. to serve as my agent regarding the wetland assessment. Signature E. REASON FOR JD BEQUEST: (Check as marry as applicable) I intend to constructldevelop a project ar perform activities an this parcel which would be esigned to avoid all aquatic resources. ❑ I intend to constructidevelop a projector perform activities an this parcel which would be designed to avoid all j uri sdicti.onal aquatic resources under Carps authority. 2] I intend to caristruct/develop a project ar perform activities on this parcel which may requ ire authorization from the Corps, and (be M would be used to avoid and mini mite impacts tojurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intendto construct/develop a project or perform activities on this parcel which may require authorization from the Corps, this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a projector perform activities in a navigable water of'the U.S. which is included on the district Section 1411st and/or is subject to the ebb and flow of the ti de. ❑A Corps JD is required in order obtain my loca]lstate authodzaiioa. I intend to contest jurisdiction over a particular aquatic resource and request the Carps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. believe that the site may be comprised entirely of dry land. Other: a Far NCDOT recluests Fnl]awing the ourrcr[t NCDW/USACf: protowls, skip w fart F. If ttore are multiple parcels owned by difi"orent partirs, please provide the following for each addiiinml parcel nn a wnflnua6 m sheet. ` must provide iugm authonzaijon farmdletter signed by owners). Version- May 2017 page 3 APPENDIX B Lake Susan Dredge Design Drawing —Pre - Construction Plan �= a, j W= aw mowwwww�° o LLJ J C7 2 U oil 1 o � e � `rro O 0 9 l p. ell ,wq s�s�4 44 O � — 1�1/ z � —ll APPENDIX C Endangered Species Act Review Documents • IPAC Species List Letter, June 20, 2024 • North Carolina Natural Heritage Database Review, June 17, 2024 • Photo Log �,,'EN 3 United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2024-0106905 Project Name: Lake Susan Dredge Project k l�l1 h H'111�LJ kl. 4{7T4'M'P- 06/20/2024 20:08:37 UTC Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. Effects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other Project code: 2024-0106905 06/20/2024 20:08:37 UTC activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): ■ Official Species List ■ USFWS National Wildlife Refuges and Fish Hatcheries ■ Bald & Golden Eagles ■ Migratory Birds ■ Wetlands OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether 2of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street, Suite B Asheville, NC 28801-1082 (828) 258-3939 3of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC PROJECT SUMMARY Project Code: 2024-0106905 Project Name: Lake Susan Dredge Project Project Type: Restoration / Enhancement of Waterbody Project Description: Lake Susan is located between Greybeard Trail and Assembly Circle in Montreat, North Carolina. Proposed dredging of accumulated sediment the 2 acres lake is expected to occur in October 2024. Additional activities include wetland construction and restoration of a section of Flat Creek to its original thalweg. Project Location: The approximate location of the project can be viewed in Google Maps: https:// v,,ww.google.com/maps/(a)35.64716005,-82.29854010839658,14z 3 f f', onch.e-00 J�Fancj, ske rack V, Wntieat rf%llana Counties: Buncombe County, North Carolina 4of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC ENDANGERED SPECIES ACT SPECIES There is a total of 8 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. 5of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC MAMMALS NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws. ov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis sub flavus Proposed No critical habitat has been designated for this species. Endangered Species profile: https://ecos.fws. ov/ecp/species/10515 REPTILES NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws.gov/ecp/species/6962 CLAMS NAME STATUS Appalachian Elktoe Alasmidonta raveneliona Endangered There is final critical habitat for this species. Your location does not overlap the critical habitat. Species profile: httj2s://ecos.fws.gov/ecl2/species/5039 INSECTS NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME STATUS Mountain Sweet Pitcher -plant Sarrocenia rubro ssp. jonesii Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 LICHENS NAME Rock Gnome Lichen Gymnoderma lineare STATUS Endangered 6of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC NAME No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 STATUS CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refine system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Actl and the Migratory Bird Treaty ActZ. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds TreateT� of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are likely bald eagles present in your project area. For additional information on bald eagles, refer to Bald Eagle Nesting and Sensitivity to Human Activity For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. Iot13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC NAME BREEDING SEASON Bald Eagle Hahaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC ++ 6NE +��� +++ ++++ +.++ +J1116;— +++"""ill Jill 1111 Vulnerable ■■■■ ■■■■ r 6 Aid Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory_ 8of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle Protection ActZ. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described in the links below. Specifically, please review the "Supplemental Information on Migratory Birds and Eagles". 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, see the PROBABILITY OF PRESENCE SUMMARY below to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Canada Warbler Cardellina conodensis Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10 and Alaska. https://ecos.fws.gov/ecp/species/9643 Cerulean Warbler Setophaga cerulea Breeds Apr 27 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https://ecos.fws.gov/ecp/species/2974 9of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC NAME BREEDING SEASON Chimney Swift Chaetura pelogica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25 and Alaska. https://ecos.fws.gov/ecp/species/9406 Chuck-will's-widow Antrostomus carolinensis Breeds May 10 This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions to Jul 10 (BCRs) in the continental USA https://ecos.fws. ov/ecp/species/9604 Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. https://ecos.fws.gov/ecp/species/10678 Golden -winged Warbler Uermivora chrysoptera Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 20 and Alaska. https://ecos.fws.gov/ecp/species/8745 Kentucky Warbler Geothlypis formosa Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20 and Alaska. https://ecos.fws.gov/ecp/species/9443 Prairie Warbler Setophaga discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https://ecos.fws.gov/ecp/species/9513 Red-headed Woodpecker Melonerpes erythrocepholus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10 and Alaska. https://ecos.fws.gov/ecp/species/9398 Wood Thrush Hylocichla mustelino Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https://ecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read "Supplemental Information on Migratory Birds and Eagles", specifically the FAQ section titled "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) luorl.3 Project code: 2024-0106905 06/20/2024 20:08:37 UTC Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. m probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC +�++ Aii k■■■ NONE ■� Ilia i++ 116 ����1111 Ilki Vulnerable Canada Warbler BCC Rangewide +—++ ++++ ++++ ++++ +.—+-- (CON) Cerulean Warbler BCC Rangewide +—++ ++++ ++++ +++—+-- (CON) Chimney Swift !� ���� BCC Rangewide + „''++ +—+-- (CON) ME Eh— Chuck-will's-widow I I I I++++ ++++ +++� I I I I I I I I:+++ +++, ++++ BCC -BCR Eastern Whip -poor- will +�++ ++++ ++++ + +—+-- BCC Rangewide (CON) Golden-wingedNONE NEW Warbler ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ ,+++ ++++ ++—+ BCC Rangewide mmmm (CON) Kentucky Warbler BCC Rangewide +—++ ++++ ++++ ++ ++-6 ++++ --+— —�—� —+�— —+-- (CON) son ` mold Prairie Warbler BCC Rangewide ++++ ++++ ++++ ++++ 7Ttt •t*� +++, ++++ ++++ ++++ ++—+ (CON) 11of13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC Red-headed +� ++++,+++ ++++ +��1 Woodpecker ++ BCC Rangewide Rangewide (CON) Wood Thrush BCC Rangewide +—++ ++++ ++++ +++ +�— —+-- (CON) --- Additional information can be found using the following links: ■ Eagle Management https://www.fws.gov/program/eagle-management ■ Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librqu/ collections/avoiding-and-minimizing-incidental-take-migratory ■ Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf ■ Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER POND • PUBHh RIVERINE ■ R5UBH 12 of 13 Project code: 2024-0106905 06/20/2024 20:08:37 UTC IPAC USER CONTACT INFORMATION Agency: Private Entity Name: Adam Tripp Address: 30 Westgate Parkway Address Line 2: #356 City: Asheville State: NC Zip: 28806 Email adam@headwaterenvironmental.com Phone: 9196192084 LEAD AGENCY CONTACT INFORMATION Lead Agency: Army Corps of Engineers 13 of 13 my Cz4rwr. C*31ff mm %10■■1P NC DEPARTMENT OF �:'■ NATtjNAL AND CULTURAL RESCrURMr June 17. 2024 Nick Creidler Headwater Environmental, Inc 1121 Military Cutoff Road, Suite C #306 Wilmington, NC 28405 RE: Blue Earth - Lake Susan; A24-104 Dear Nick Creidler: 13. RC4 W". Smell" MIg:yrgk4narar 0cpaty kHTr:Cvr, rMdural lkgAmr"rown IR \�7�1:1�7�Zi1GfE:3 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 indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. 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. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. 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. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. 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Photographs Taken on February 28, 2024 Page 1 Site Photos - Lake Susan Headwater Project #A24-104 Photograph 3: Bridge with wetland WA Photograph 4: Wetland WB Photographs Taken on February 28, 2024 Page 2 Site Photos - Lake Susan Headwater Project #A24-104 Photograph 5:yLake with wetland WD in the background • 40 � � �.. JA Photograph 6: Hydric soil in wetland WB Photographs Taken on February 28, 2024 Page 3 Site Photos - Lake Susan Headwater Project #A24-104 Photograph 7: Lake Susan from the "sand bar" at the mouth of Flat Creek Photograph 8: Wooden docks from the "sand bar" at the mouth of Flat Creek Photographs Taken on February 28, 2024 Page 4 Site Photos - Lake Susan Headwater Project #A24-104 Photograph 9: Stone Bridge over Lake Susan where Flat Creek discharges to the Lake. The former location of Flat Creek was to the left of this view, where the "sand bar" is Photograph 10: Flat Creek, upstream of bridge. Photographs Taken on February 28, 2024 Page 5