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HomeMy WebLinkAbout20150414 Ver 1_401 Application_20160718Mitigation Services ENVIRONMENTAL QUALITY MEMORANDUM: TO: FROM: SUBJECT: DATE: Sharon Jones Lin Xu LX Payment of Permit Fee 401 Permit Application July 18, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART Seerelare The Division of Mitigation Services (DMS) is implementing a mitigation project for Sandy Bridge Farm Restoration Site Restoration Project in Rutherford County.(DMS IMS # 96920). The activities associated with this restoration project involve stream and wetland restoration related temporary stream and wetland impact. To conduct these activities the DMS must submit a Pre -construction Notification (PCN) Form to the Division of Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00 for this review. Please transfer $570.00 from DMS Fund # 2981, Account # 535120 to DWR as payment for this review. If you have any questions concerning this matter I can be reached at 919-707-8319. Thanks for your assistance. cc: Karen Higgins, DWR State of North Carolina Environmental Quality I Mitigation Services 1652 Mail Service Center 1 217 W. Jones Street, Suite 3000 1 Raleigh, NC 27609-1652 919 707 8976 T Mitigation Services ENV IRON MENTAL QUA L I TY July 18, 2016 PAT MCCRORY Governor DONALD R. VAN DER VAART SecrelmT Landon Davidson, Water Resources — Water Quality Regional Supervisor NC DEQ Asheville Regional Office 2090 U.S. 70 Highway Swannanoa, NC 28778 - 8211 Re: Permit Application — Sandy Bridge Farm Restoration Site Restoration Project, Rutherford County (DMS Full Delivery Project) Dear Mr. Davidson: Attached for your review is 404/401 permit application package for the subject project. Please feel free to contact me with any questions regarding this plan (919-707-8319). Thank you very much for your assistance. Attachment: 404/401 Permit Application Package Final Mitigation Plan Cc: Karen Higgins Sincerely —�� /—;O / Lin Xu State of North Carolina Environmental Quality I Mitigation Services 1652 Mail Service Center 1217 W. Jones Street, Suite 3000 1 Raleigh, NC 27609-1652 919 707 8976 T 110 PAT MCCRORY Governor DONALD R. VAN DER VAART secreran Mitigation Services ENVIRONMENTAL QUALITY July 18, 2016 Karen Higgins, 401& Buffer Permitting Unit Supervisor Division of Water Resources 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh,NC 27699 - 1617 Re: Permit Application—Sandy Bridge Farm Restoration Site Restoration Project, Rutherford County(DMS Full Delivery Project) Dear Ms. Higgins: Attached for your review is 404/401 permit application package for the subject project. Another copy has been sent to the Asheville Regional Office for review. A memo for the permit application fee is also included in the package. Please feel free to contact me with any questions regarding this plan(919-707-8319). Thank you very much for your assistance. Sincerely Lin Xu Attachment: 404/401 Permit Application Package Final Mitigation Plan Permit Application Fee Memo CD containing all electronic files State of North Carolina Environmental Quality I Mitigation Services 1652 Mail Service Center 1217 W.Jones Street,Suite 3000 I Raleigh,NC 27609-1652 919 707 8976 T E3 0� VJA �<G o � -r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Page 1 of 10 PCN Form — Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑x Section 404 Permit Section 10 ❑ rmit 1 b. Specify Nationwide Permit (NWP) number: 27 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑x No For the record only for Corps Permit: ❑ Yes ❑x No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑x No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑x No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑ No 2. Project Information 2a. Name of project: Sandy Bridge Farm Restoration Site 2b. County: Rutherford 2c. Nearest municipality / town: Rutherfordton, NC 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: NA 3. Owner Information 3a. Name(s) on Recorded Deed: Scott & Sandra Hughes 3b. Deed Book and Page No. DB 827 PG 454; DB 825 PG 447 3c. Responsible Party (for LLC if applicable): NA 3d. Street address: 1356 Rock Road 3e. City, state, zip: Rutherfordton, NC 28139 3f. Telephone no.: (828) 287-7460 3g. Fax no.: 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ❑ Other, specify: 4b. Name: Tim Baumgartner 4c. Business name (if applicable): NCDEQ Division of Mitigation Services 4d. Street address: 217 West Jones Street, Suite 3000A 4e. City, state, zip: Raleigh NC 27603 4f. Telephone no.: 919-707-8543 4g. Fax no.: 4h. Email address: Tim.Baumgartner@ncdenr.gov 5. Agent/Consultant Information (if applicable) 5a. Name: Timothy J. Morris 5b. Business name (if applicable): KCI Technologies, Inc. 5c. Street address: 4601 Six Forks Road, Suite 220 5d. City, state, zip: Raleigh, NC 27609 5e. Telephone no.: (919)783-9214 5f. Fax no.: (919)783-9266 5g. Email address: tim.morris@kci.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1621005716140000 and 1621005609790000 1 b. Site coordinates (in decimal degrees): Latitude: 35.407997 Longitude: -81.937 1 c. Property size: 9.45 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Cathey's Creek 2b. Water Quality Classification of nearest receiving water: WS -V 2c. River basin: Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is bounded by interspersed pastureland and forested land to the east, agricultural land and Rock Road to the north-northwest, and Cathey's Creek to the southwest. The site has a long history of hydrologic modification in order to allow for grazing to take place. The surrounding area is rural with low development pressure at this time. 3b. List the total estimated acreage of all existing wetlands on the property: 1.38 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,485 3d. Explain the purpose of the proposed project: This project aims to restore impacted agricultural land to integrated stream/wetland ecosystem. 3e. The Describe the overall project in detail, including the type of equipment to be used: project will involve stream and wetland restoration activities. This work uses equipment such as bulldozers, track hoes, track and dump trucks. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases in the past? ❑x Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑x Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Steve Stokes Agency/Consultant Company: Other: KCI Associates of NC 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 7/27/2015 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ❑x No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑x Wetlands Strea x — tributaries Buffers Open \❑ters P❑d Construction ❑ 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 T Fill Headwater Wetland No Corps 0.07 W2 T Fill Headwater Wetland No Corps 0.04 W3 T Fill Headwater Wetland No Corps 0.04 W4 T Fill Headwater Wetland No Corps 0.04 W5 T Fill Headwater Wetland No Corps 0.16 W6 T Fill Headwater Wetland No Corps 0.15 2g. Total Wetland Impacts: 0.78 2h. Comments: Additionally, W7 will also be filled for 0.28 acres of temporary wetland impacts. Existing fringe wetlands along man-made drainage features will be filled to allow the local groundwater elevation to restore jurisdictional hydrology within surrounding areas. Impacted (filled) areas will ultimately be restored as part of the overall mitigation plan and thus are considered temporary impacts for the purpose of this application. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 P Relocation UT to Cathey's Creek PER Corps 1,485 S2 - Choose one - S3 - Choose one - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 1,485 3i. Comments: Relocate the channelized stream to its historic landscape position. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose 02 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico Dawba C]ndleman Other 6b. Buffer Impact number — Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. We are applying for a Nationwide 27 permit. This permit authorizes impacts to jurisdictional waters for the purpose of conducting aquatic habitat restoration, establishment and enhancement activities. This project will provide stream and wetland mitigation credits for impacts elsewhere within this 8 -digit HUC. The site offers an ideal opportunity to improve a headwater stream and to restore areas of impacted agricultural land to wetland habitat. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. In order to reestablish wetland hydrology throughout a much larger area, drainage features will be filled. We anticipate that filling these ditches will result in the upward movement of groundwater that would in turn serve to extend the hydroperiod and allow the growth and propagation of hydrophytic vegetation. A pump around will be utilized to conduct all stream restoration work in the dry. Sediment and erosion control measures such as silt fence, straw wattles, rock silt screens and daily stabilization will be used to minimize impacts during construction. 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? ❑ Yes ❑x No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑x No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑x No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 0 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑x No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: This is a wetland restoration project. Therefore, no impervious area will be created. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Sampson County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑ HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑x Yes ❑ No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑x Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑X No letter.) A Categorical Exclusion report has been prepared and has been distributed to the Comments: IRT for review. 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, E] Yes ❑x No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El Yes ❑x No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes ❑x No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. This is a stream and wetland restoration project. This project will neither influence nearby land uses nor stimulate growth. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. be This is a stream and wetland restoration project, no wastewater will generated. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑x No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑x Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? -NC Wildlife Resources Commission. Carolina Wildlife Profiles. http://www.ncwildlife.org/fs_index_07_conservation.htm -United States Fish and Wildlife Service. North Carolina's Threatened and Endangered Species.http://www.fws.gov/southeast/. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑x No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper v3.0. http://www.habitat.noaa.gov/protection/efh/efhmapper/index.html 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 ❑ Yes ❑x No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Onsite archaeological survey of the Sandy Bridge Farm Stream and Wetland Restoration area by Archaeological Consultants of the Carolinas, Inc. in August 2015. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑x Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: This is a NC DMS Restoration project. It is not expected that the project will raise the flood elevation for this area. Coordination with the local flood plain administrator will be performed, in necessary. 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps. http://fris.nc.gov/fris/Index.aspx?FIPS=161&ST=NC&user=General%2OPublic Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 Attachments to PCN A. Impact Map B. JD Determination C. Categorical Exclusion Report U.S. ARMY CORPS OF >[ NIGINFFRS-1 WILIMINGTCN DISTRICT Acilior.i ]LE.: SAW-21015-CIOMI County: Rutterfarcl U.S.G.S. quad: NC-RUIIHERFORI11T01\ NCR11I11 NOTIFICATICN CE JIURISDICTIONALDIEITERMINATICN Praparty Clwnei lAgerid: Scott & Sanidraa llughes/S11eve Shakes, KCI Technologies llnic. Adc nes s: 4 601 Six Fanlcs Road, Si iter MCI, Bar c mairk Ceniler II Raleig ll, Norllh Claralina XA609 Ted eplh orae Na.: 5119 ,1812! 17 Property descnipltion: Siza Nacres): 10.2 acres Nearest Town: Rluilherfhrdloni Neanesl A a1(inway: C artb eN s C rt6 River Has in: Upper E nozid C aorcir.iale:: 3-1.4.l 149SIN, -811.936 1ICI2W H) dredaglia Uniil Coca: C13(19(1105 Locaitior Elescription: 'Ill side is located al 113516 Rack Rcaac, Ruthcinftuadilciri, in Rlulflerfdre Counity. Cocmditales: 35.4114519N, 41I.93(X2W Indicate Which ofIthe Follomin11 Apply: A. Pref im i nary DEltcr m i nation X Elais(ic an piieliminar} imfarmatiom, there n ay be waiters and wethinds at the aatove c escribed prapearty. We s anigly suc&isI yciu have this prapcirty ins Flucilec to c ellenriine'the eirlenit (if E eF artnteinl ed the Awry (IDA; jurisdictiani. To Ile cans idercid fmad, a jurisdaclicane1 dailermiiralion mush be verifiec t the Corps. 'Ilhi9 Flreliminiary d ul nation is not an appealable acllan t nu er the Rleglulaloryl Praggzam Administrative Appleal Psiacess ( Reference 33 CFR Part 331' . ; . If N au wish, you may raclLesl an aiplFlrovec JE lIwllich may to aippleai by aarn'dacslingl the C arf s c istrlict far further inistructioni. Also, youi maty ppiavic a new iriform align fcm furllher cansideratiori by the Corps to reevaluiaie lhei JEL B. Approved D elterminali on There ane Naavigatlhi Wanlers aflIIll a Uniilec Slates A ilhin the eibave c ascribed pnapeirty sutfact to tha permit requiremerrts of 9actioni 10 of thea Rlivers avid Hanbars Act avid Sed ian 4(14 ofli1hca Claan Water Act. Unless theme is a allanige it the law ar our plubl is P, ed nepullat lar s, this deteuminaliani may t e relied ulllan fcm a period neat 10 exceed fivai years Blom the darter of this not iflcartian. These area wialers and wallarids ori the above descuiibec plraplerty suibjeat ilo thea pprmiiil neac'llcrnands of Seclian 404 cif the Clean Water Aat (C WA; (133 USC § 134z UniI(is s lherea is a changa it 111e law as caur plublishec neglulalians, This detarminaitioni n aaN be reliead upon fan a per: ad riot 11a exceed five years filam the daple of this niolificaatian. Wei strangl131 stggeS1l Not have the mal ens avid v♦iel lanids on your flpioplert} call itcal cc. Due to 111e simci caflyaurVnoAlerty and/or aur present workload, ilhe Carpis may nol ba aablla to aacomf Ilish this wathind c e:lineatiar,i in a tin e.ly manner. Fan a mane 11imely c elineailian, you may wish to ablain a canisultanl_ Io ba cansidcred final, arty delineation musl be verified by 1ha Corps. Thea wanlens ane wiellamdls an your lllpaoplarty Have been dalinea l and the cc linealican has beer i vcinified by 1he C arps. We sdanigly su€ Mcast yaui haves this delineiatiom surveyed. Upani aamplallion, this sunieN sh auld b e re v iew ec ane ver:ifI& E lhei Corps. Orica verified, this survey will plrovic a cin accuranle deiplict.ian aflall arenas sut.ject to CWA jurisdialian oni your plraplerty which, provided ilhere is no changle in th a law un aur pluiblishec neglulal:ians, may t e reified uplan fear a pleric mal to axcaud fiva Nears. _ 31he waters avid wetlands have been delineal and suweyed and ane eiccwaitely deapiailec an thci pllat signed by the Carps Rcigullatary Offlaial identified bellow an . Un:less there is ai change in the law ar our publishec requilalicans, this deterrin ioni may be relied) upon fan a period riat ilo exceed five ycaars fi am the dale afllhis nolificaaliein. Ill area nio waiters afltl a U.S., to include weitlands, prescan'I an the above c escar:bed praperty which aue subject to thci permit rcaquiiremeinils of Seciliani 4(14 afthci Cleiaan Walcr Aat (:13 L SC ] 344;. Urdess there is a ahar le in the law or our puiblisbec ren u laialians, This daterminzationi may tl e reified up an fcm a pciriad nat la wwaed five ycaars fifom tb e dame cif this nati f aati am. Acilion 11d.: SAW -21(11 51-0 0 8 2111 Placement of midgad ai fill maleuial v itHri Valens of then LIS and/an wetlamics vuiilhau l a Department oflthe Army plermit may aar.istitute a violation of faction 3(1'1 of the Clean Water Act (33 LSC § 131 ],. lfNau haute anry queslians ragarcirg Itis celerminalian and/or ilhe ClcaTs nepulaloryl program, p lease a cnlacl Willhim Hlliullt a1 8: 8-,1111-1980. C. Basis For Determinallicln Thea sit et cantains wel lane s as c Ettein—Ti Cy 1 he 15187 Cargis cif Brigirecim Weil/oriid Deiliniearlian Mcinucil and the Inteirim Rci51icnctll'IupfIlkimev l to the Ckrrp,ls cj Engine ears Weit,lor cs Dallrealicn Manuc k Ecislc rni Mc critair or d Pietdmani Regiori. IlhErse wErt laric s arEi adjacent to strEiam cli annels lacatec an thea rinopEmty 1 hal Etxh ib it indica 1 ans of auc it ary high vv a 1 er rrianli The stream channel ori 1:11a grcrplerty is ari unriarriec linit utany lc Cla1 heys ClneEik v hicN flaws irto the l plpeu Ell RivEm to 1 hei Braac fliver. Thci Erciad Rlvicir hetcomes a fcicilion :10 watar in Hot 1h Carolinas then flaws to thea Coniglarcre River and the I�lantcie River, bufdre flawirig into then Atlarilia Ocreian. D. Reimark�i: J uris dictionoll "Waters all tEc US" havcr butinr idelntif>leld an this property as deipiicited by submitted Jlutisdicltianal Raquesll PaclWagc on filer. E. Attenllion USDA Program) Participants Thiscelirearl ian/celcirmiir.ialianhas been conrductec tokertifylhcllimilsafCarps' C]ear WalanAct jtmiscictionfor ille particular sits keritifiec it 'Ibis regt est. Tfia c elineanlian/determinatian may, nal bei valid for the ,Nellariid caniscmvalicn proVsicns ofl'Ihci Faoc feicurity A ct oft l fl85. If you or ylotr icinanl ara USDA Program pain iciiplarts, or aniliaiplale pan icipaitioni iri USDA giiagnams, you shot ld requasl a certified wethind c e'dennir artier frlom ilhci lociatl office cifltlie Narttral Rescurccis C onservatlicn Service, priar to slartingl work. F. Appealls Infbrmationl (v is infaurmralicni applies only 10 approvtecl j uirisdictioniatl determiniations as indiaatt(td in BI. all ave) A.tactIm iia this verification is an apppraved jurisdict:ianal celerrnin.alicm. If131au erre riot it agroemert with llhart approved jurisdicVorial c eleirmiriatian, you can malda an ac rrliniisrlrativa appeal unc or 33 CFR 331. Ericloseid you wall fintd a riequest far appeal t[RFA; form. If yot iii cis i to arpplea I ilhis celermir,alian you must sthmil a complleted RE fbnn to the fallomiinigl aide ress: US Armyl Corps cif Enigineens South Atlami(i Divisicmt Atm: Jason Stender, Review Officer 60 Harsyth Stteel S)Mi, Raom 1(IM 115 Maritai, C eiaii is 30303-88(11 Ini order fkm ami REIA to be accclprled liy the C caps, the C etrpls must deiteirminct 1harl it is ciomplletei, )hal it meells 1ha crviieria for appetal undar 33 CFR plan 33 1.5, amd ilhat i1 has been reaeivad By the Diviision C if- ca within ( Cl cays oflthe dame of thcr NAP. Shauld ycru decide to submit ani REIA ficii it mus'I he received at the above adcham widhin (0 days cif lhei issue daile belaix. **It is nal neaessarry la sutlmit an RFA ftirm to the Eliv isian Officte if yciui do not ab' cit to the de1arminartior.i in'Jhis cion esplon id anice. Corps Reguilartary Of ficial: William Hlliat 119sua Elater. Jlully 217, 3015 Expiration Data: Jt iy 21(, 21(11 51 OA Me WiWinglori Eli stilict is carrimittad to plrovidirig the Highest lave] of support to the public. Ta help) user isuire we canlinue to do so, please complete the Cuistameu Satisfaction 9urveN IacERed at our website at littp:/ilper�l.riwp.usaco.army.mil/stnvey-Html to compllete the survary anline. CF: Sciotil & Sandra IHuigha9, 1396 Rlcick Rodd, Rullherfordton, NC 28139, 3 WITIFICATION, OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS..AND REQUEST FOR APPEAL Applicant: Steve Stokes, KCI Technologies Inc. File Number: SAW -2015- Date: July 27, 2015 00827 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D X PRELIMINARY JURISDICTIONAL DETERMINATION E HECTICN 11- Thei followirg'idenitifieis'yaur rigtis and option,i iiegarding an admin:isitrallive appeal of1hei at over decision. ' Addilionial information may be found at llft://www.usaaei.army.nul/CECW/Fage,Vi_e mateiriial,i.as x oji,Corps regulation's al 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Pennit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Pennission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terns and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the pen -nit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SBCTIO N 11- REQUEST FIC RI APPIEA LI or OBJECT]IIO NS TO AN INITIA L F ROFFERED PERMIT REASONS FOR APF E AL ORI OBJIECTICNS: QDescrille your reascr s itiii allFlealing th(i c ecisiori cr ycuu cbjecliar s ilo ari :initial) praffeued permil it clear ciancise stalemenils. YaL mai attach a&ilianal infarmalian ilo this farm to clarify vrhere yaur reasons ar abjectioris arei ac dressed in the admir.iislrative ueccmd ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum record of the appeal conference or meeting, and any supplemental information that the review officer has determined is neclarify Jto the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTAC T FOR QUESTIONS C R In F ORMATION : If you have questions regarding this decision and/or the appeal If you only have questions regarding the appeal process you may process you may contact: also contact: William Elliott, Project Manager Mr. Jason Steele, Administrative Appeal Review Officer USACE, Asheville Regulatory Field Office CESAD-PDO 151 Patton Ave U.S. Army Corps of Engineers, South Atlantic Division RM 208 60 Forsyth Street, Room 10M15 Asheville, NC 28801 Atlanta, Georgia 30303-8801 828-271-7980 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. L ate: Telephone number: Signature of appellant or agent. For arlFlualsi or. InitiA Plraffeired Permits send this fonm to: Elistniall Eriginuer, Wilmington Rdgulatar3l Div isfan, Attr.: Willlfam Elliott, 69 Darlington Avcuuie, Whilmiriglor, Ncirth Carolina 28403 For Permit dcinkils, Pncifferddl Elenmits arid) aipproved Jurisdlidllicna] Eletemimfr aticoois mind this farm ila: Division En€linden, Commaridlen, U.S. Army Engiriedr Divfsicini, Suuth Allar ilia, Attri: Mr. Jascirii Stdelci, Adminiistnative Appcial Offlecir, C EISAD-TIDO, 60 Flarsytli Street, Roam 10Ml _', Atllantii, Gdongia 2-103031-M01 Ph em e: (404) 96 1-91311 ATTACHMENT A RRELIMINARYJIJRI.EDIC111CNAU DEITERMINATICN FCRM BACKG RC UND IN RC RMAIJON A. REI PC RT COM PLJB1lIC N DAME FOR PRE IJIMINA RY JURISDICTIONAL DEITEIRMINA'TIION ijJD): ; 2 jj Et L _';? 0 /S— B. NAME AND ADDRESS OR PERSON REICLES111NG PRELIMINARY JD: SteNe Sul es, KCI Technologies Inc. 4 601 Sig F orks Road, Suite 220, Landmark Clenler 11, Raluiglh, NC .17609 C. DISIIRICT C F FICE FIIJB NA MIE, AND NL MIBER: 0i D. RROJECI'n LOCA TIC N(S) AND BACKGRCL ND INK RMATICN: '1356 Rock Rodd, Rulheri ondton, IN CI MUSE THE ATTACHECI TIAIBLE TO DOCUMENT MULTIPLE WATERBODISS AT DIFFHRBNT SITES] State: NC Couri4/parish/borough: Futherfarc City: Ruterondton Center ceordirlates of site (laVlong in degree decimal forrriail;: Lal. 35.40511 ON; Long. -81.9371 °w Universal Transverse Meicaior: N ame of nearest waterbody: aEdheysCreek Identify Ilestimaile; amCL rlt of waters ir1 the review ane a: Norl-welland waters: 11,48,1 linear feel: 7 width (fl) and/or acres. Cowardin Clasls: Riveuine Stream) Flow Henenniai Wetlands: 1.38 acres. Cowardin Class: 9miengent Name of ariywaten bodiesi on ite siite that Faye beein idelrlilified as Selation 10 waters: Tidal: Non -Tidal: EI. REVIEW PERHORMEC ACR MITE EVA LUA TIIC N (CHECK ALL THAT AMY] EOffice (Desk; Determination. DallEl: ❑ Field Dale rmination. Datells) : SURRCR71ING DATA. Data1 remiewed fdin preliminary JD (check all that apply - checked items should be included it ciasiel file) and, where checked and recuested, anpropeiaitely nellenence selurces below]: 0 Marls, plans, plotci ar plat submitile d by or on behalf of the applicant/conSIL Itarill: Viciriity Map ❑✓ Dala sheets prelpared/submittlec by or on behalf of it apr li ntaonSL Itani. Cffice concurs wilt data sheetsAlcelineation nelporl. Office does not concur with data oheals/delir ealion re port. ❑ Data sheets prepared by the Corps:, ❑ Corps navigable wate ns' study: CU.S. Geological Elurvey Hyc rellagic Atlas: ❑ USIGS NHD data ❑ USC SI 8 and 12 digit F UC maps ❑✓ U.S. Geological SL mey mapils) . Cile scale & quad narrier 12411 Rutherkrdton North (101:) ❑ lJ SIDA Nato ral Resources Conservatian Service S oil Slt, rvey. Citation: ❑ N ational wellands invelr tory rriaplls) . Cite nary ❑ State/Local wetland invelnlory map(s): E FBMA/FIRM rrlaps: ❑ 100 -year Flloodplairl Ellevalion is: ISN ational Gelode cilia Ve d ical DaiilL m oft •19219; WAt otogllaphs: Fv-� Aerial IIN ame & Datel) : 21010 Slalewide Aerial Rholographs or ❑ Other (Name & Date): ❑ Rue%ious determinatiori(s; . File r o. and date of response lefteii: ❑ Citer infoimalion (please sipecifA): 1. The Clorps of engineers belie%es it at there may to junisc ictional wailers of the Uniled States ori the sL bjeici site, anc it a permit aipplicarill or oilier afiecilec party who reiquested this preliminary J❑ is t eneby advised of his or t er opticin la request and obtain an approved jwiisdiciional delerminaIlion (JD) for it at site. N evert f Bless, the penmil applicant or other person who ne quesied it is preliminary , D has declinec to e) ercise the option to obtain an approvec . D in it is instance ar d at thi;i time. 2. Iri any ciiicc rrzilance wt elle a permit ariplicani obiaiins ari individc all perrr it, on a N ationwide C eneral Perrr ill (INWR) or olt er gerieinal penmiii veniilicatiori requiring "pre-corzirLction notification" (PCN;, on requests verification fon a non -reporting NWR on otheir gerieral permit, and the permit aplplicani has noil requestec an appro%ed JD for tt a acdivily, It a permiiil applicant is t eret y made aware of It e follow ing: (1) the permit applicar t f as elected to seek a clermit authorization based ori a preliminary , D, whit t c oe s riot make an offloial determinatiori of jL risdiclional walers; (2) that It a appliciant has the option to request an approvec D before accepting the to i oris and cont itions of It a penrriil aL 111' orizalion, anc It at basing a permit authorization on an applroveic . D count possibly result in less compensatory mitigation being recluired c r c iffereriil special conditions; 113) ihail It ei aprilicant t as the right to reiquesi ari individual permit rathein than acceptirig the fermis and conditions of It a NWP or other general permit authoniaatiori; (4) thal the applicanll car accept a pe rrr it authorization and It ereby acl rete to comiclly with all the le anis and conditions of if at plermiil, including wt atever mitigation neiquireme rills the Corps has determined to be nie ciessary; 115; that underlak ing any activity in reliance upon the sut jecd permit authorization without nequeslling an approved Al aonstitutes tt ell applicant's accepilance of It a use of it ei ple limiinaryl J❑, br.1 that either iorrri of JD will be processed as soon as is pnaclicable; 116) accepting a perrr it authorization (e.g., signing a pnoffeled individual penmiit, or underiak ing any activity iri reliance on any form of Corps pe mr it authooization based on a prelimins ryl JD constitutes agiieemerit that all wetlands and other water bodies on It ell site affecteid in any way by that activity are jL risdictional wateir: of the Uriited States, ar d precludes any at allenge llo SL ch jt, risdiclion in any adrr inislralive or juc icial comipliance c r eriforcemerill action, or in any administrative appeal cir in any Federal court; and I17) whether the applican9 elects louse eithe r an approved JD oii a preilimiriaryl . D, thall JD will be prccesseid as soon as is piiaciicable. Auriher, an approved JD, a proffered iridi%idLa[ permit (land all terms and condiilions contained theiiiein), or individual permit c enial can be admiinislnatively appealed PL rsuarit to 33 C.A.R. Parl 331, and It at in any ac minis1raiive appeal, jurisdictional issues can be raised 11see 33 C.R.R. 331.5(a]112;;. If, curing It at adminislrali%ei apteal, it becorries rieceissary to make an official deleirmiinaliein %t ether C WA ,jurisdiction exists o%er a site, or ilei provide an official delineation of ,jurisdictional waters ori the site, It a Corps will provide ar approved JD to accomplish that reisull, as soori as is plracticat le. -Ih is preliminary, D finds it at It ere "maybe" waters of it a Unilled States on the SL bject project site, and identifies all aquatic features on the site that could to affealec by the proposed anti% illy, based on tt a follawing infonrriation: IMPORTANT NOW: The inkrmailion necoedeid en tlhisi ikmm has nct neicessanily been verified by the Ccrpsi and should not he relied upoin kir 1akv 'unisdictieinal detleieminaiilicins. �2L Signatuie and date of Sigriatune and daile of Regulatory Rro�ect Menageui person requ eisting preliminary J 0 (REQUIRED) (REG UIR130, ur less obtaining the sic nature is impoacliciable) M of om a w a✓ 4 �I C.1 CI al C al � O• u -PI w N �- p0 A d VJ CD (11 CD CD CD CD CD cI 0 0 0 0 0 CD rrA O A n �dbbb� C17 CrJ Cn CrJ Cr ►z tr ►z l? r ° � ai W a. O N O C C C C C C C C O`I A � Ccl ul a -PI .4I -PI J u e n CEJ O LA �A Ul rlA LA w w w w u r �!.A �A �AUuu>� oOClw �.p �- oo "o -;�, al OCl -0I cxl a !PI C OCI lo,I C oa t,: lg�- C 1C v a ai ai ai oa oa oa oa C �c "C "C z "C �c �c L, U. U. 4: U. W r+' u -- , , O`I u a al oa oa �1 d w a✓ 4 �I C.1 CI al C al I 4 t ✓ Y r e ht mb -. i � •e y Iil I � �• - fig Categorical Exclusion Form for Division of Mitigation Services Projects Version 1.4 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Version 1.4, 8/18/05 Project Name: ProjectPart 1: General • e Sandy Bridge Farm Stream and Wetland Restoration Site Coun Name: Rutherford County, NC EEP Number: 96920 Project S onsor: KCI Technologies, Inc. Project Contact Name: Tim Morris Project Contact Address: 4601 Six Forks Rd, Suite 220, Raleigh, NC 27609 Project Contact E-mail: tim.morris kci.com EEP Project Mana er: Har Tsomides ProjectDescription For Official Use Only Reviewed By: (o I.ot Date v DMS Pr ject Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division A mmistrator FHWA Version 1.4, 8/18/05 Part 2: All Projects Regulation/Question .. Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county? ❑ Yes ® No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ® N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No ® N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ® N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? ® Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ® No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ® No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ® N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ® N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ® N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of ❑ Yes Historic Places in the project area? ® No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑ No ® N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ® N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ® Yes ❑ No 2. Does the project require the acquisition of real estate? ® Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ® No ❑ N/A 4. Has the owner of the property been informed: ® Yes * prior to making an offer that the agency does not have condemnation authority; and ElNo * what the fair market value is believed to be? ❑ N/A Version 1.4, 8/18/05 Part 3: Ground -Disturbing Activities Regulation/Question .. American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as "territory" by the Eastern Band of ® Yes Cherokee Indians? ❑ No 2. Is the site of religious importance to American Indians? ❑ Yes ® No ❑ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ® N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ® N/A Antiquities Act (AA) 1. Is the project located on Federal lands? ❑ Yes ® No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ® No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ® N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ® N/A 4. Has a permit been obtained? ❑ Yes ❑ No ® N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ® Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑ No ® N/A 4. Is the project "likely to adversely affect' the specie and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑ No ® N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑ Yes (By virtue of no -response) ❑ No ® N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ® N/A Version 1.4, 8/18/05 Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ® No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ® N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ® N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired? ® Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or local ® Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ® Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ® Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ® Yes ❑ No ❑ N/A Land and Water Conservation Fund Act (Section 6(f)) 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ® No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ® N/A Magnuson-Stevens Fishery Conservation and Management Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ® No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ® N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ® N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ® N/A 5. Has consultation with NOAH-Fisheries occurred? ❑ Yes ❑ No ® N/A Miaratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑ Yes ® No 2. Have the USFWS recommendations been incorporated? ❑ Yes ❑ No ® N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ® No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ® N/A Version 1.4, 8/18/05 Appendix Supporting Documentation for Categorical Exclusion Form for NC DENR Division of Mitigation Services (DMS) Projects Contents Limited Phase I ESA — EDR Report Radius Report Sanborn Map Historic Topography Report Agency Letters State Historic Preservation Office Letter United States Fish and Wildlife Service Letter with RTE Report N RCS Letter NC Wildlife Resources Commission Letter NC Natural Heritage Program Letter Eastern Band of Cherokee Indians Letter Rutherford County Airport Note Uniform Act Letter Letter References Figure 1 — Vicinity Map Figure 2 — Project Watershed Figure 3 — Watershed Land Use Figure 4 — Project Area Agency Response State Historic Preservation Office Response - Archaeological Survey Report (Archaeological Consultants of the Carolinas, Inc. Farmland Conversion Form (AD -1006) and USDA Letter NC Natural Heritage Program Letter Rutherford County Airport Authority Letter Limited Phase I ESA 1. Radius Report 2. Sanborn Map 3. Historic Topography Sandy Bridge Farm 1356 Rock Road Rutherfordton, NC 28139 Inquiry Number: 4326486.2s June 15, 2015 6 Armstrong Road, 4th floor www.edrnet.comt.com Shelton, CT 06484 (rEDR'5Environmental Data Resources Inc Toll Free: 2.0050 FORM-LBD-CCA EXECUTIVE SUMMARY A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA's Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 1356 ROCK ROAD RUTHERFORDTON, NC 28139 COORDINATES Latitude (North): Longitude (West): Universal Tranverse Mercator: UTM X (Meters): UTM Y (Meters): Elevation: 35.4096000 - 35° 24'34.56" 81.9370000 - 81' 56' 13.20" Zone 17 414922.2 3918672.0 875 ft. above sea level USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY Target Property Map: Most Recent Revision AERIAL PHOTOGRAPHY IN THIS REPORT 35081-D8 RUTHERFORDTON NORTH, NC 2002 Portions of Photo from: 20120816 Source: USDA TC4326486.2s EXECUTIVE SUMMARY 1 Target Property Address: 1356 ROCK ROAD RUTHERFORDTON, NC 28139 Click on Map ID to see full detail. MAP ID SITE NAME ADDRESS NO MAPPED SITES FOUND MAPPED SITES SUMMARY DATABASE ACRONYMS RELATIVE DIST (ft. & mi.) ELEVATION DIRECTION 4326486.2s Page 2 DETAIL MAP - 4326486.2S SITE NAME: Sandy Bridge Farm CLIENT: KCI Technologies, Inc. ADDRESS: 1356 Rock Road CONTACT: Tim Morris Rutherfordton NC 28139 INQUIRY #: 4326486.2s LAT/LONG: 35.4096 / 81.937 DATE: June 15, 2015 5:46 pm Copyright «o 2015 EDR, Inc (c 2010 Tale Atlas Rel. 07/2009. Target Property o 1116 Ire 114 Miles A, Sites at elevations higher than or equal to the target property Indian Reservations BIA Hazardous Substance Sites at elevations lower than - Oil & Gas pipelines from USGS Disposal Sites the target property 0 100 -year flood zone 1 Manufactured Gas Plants � 500 -year flood zone r Sensitive Receptors National Priority List Sites 0 National Wetland Inventory Dept. Defense Sites 0 State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Sandy Bridge Farm CLIENT: KCI Technologies, Inc. ADDRESS: 1356 Rock Road CONTACT: Tim Morris Rutherfordton NC 28139 INQUIRY #: 4326486.2s LAT/LONG: 35.4096 / 81.937 DATE: June 15, 2015 5:46 pm Copyright «o 2015 EDR, Inc (c 2010 Tale Atlas Rel. 07/2009. MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL 1.000 0 0 0 0 NR 0 Proposed NPL 1.000 0 0 0 0 NR 0 NPL LIENS TP NR NR NR NR NR 0 Federal Delisted NPL site list Delisted NPL 1.000 0 0 0 0 NR 0 Federal CERCUS list CERCLIS 0.500 0 0 0 NR NR 0 FEDERAL FACILITY 0.500 0 0 0 NR NR 0 Federal CERCLIS NFRAP site List CERC-NFRAP 0.500 0 0 0 NR NR 0 Federal RCRA CORRACTS facilities list CORRACTS 1.000 0 0 0 0 NR 0 Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF 0.500 0 0 0 NR NR 0 Federal RCRA generators list RCRA-LQG 0.250 0 0 NR NR NR 0 RCRA-SQG 0.250 0 0 NR NR NR 0 RCRA-CESQG 0.250 0 0 NR NR NR 0 Federal institutional controls / engineering controls registries US ENG CONTROLS 0.500 0 0 0 NR NR 0 US INST CONTROL 0.500 0 0 0 NR NR 0 LUCIS 0.500 0 0 0 NR NR 0 Federal ERNS list ERNS TP NR NR NR NR NR 0 State- and tribal - equivalent NPL NC HSDS 1.000 0 0 0 0 NR 0 State- and tribal - equivalent CERCLIS SHWS 1.000 0 0 0 0 NR 0 State and tribal landfill and/or solid waste disposal site lists SWF/LF 0.500 0 0 0 NR NR 0 OLI 0.500 0 0 0 NR NR 0 State and tribal leaking storage tank lists LUST 0.500 0 0 0 NR NR 0 TC4326486.2s Page 4 Database MAP FINDINGS SUMMARY Search Distance Target Total (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted LUST TRUST 0.500 0 0 0 NR NR 0 LAST 0.500 0 0 0 NR NR 0 INDIAN LUST 0.500 0 0 0 NR NR 0 State and tribal registered storage tank lists US HIST CDL TP Local Land Records 0 LIENS 2 TP UST 0.250 0 0 NR NR NR 0 AST 0.250 0 0 NR NR NR 0 INDIAN UST 0.250 0 0 NR NR NR 0 FEMA UST 0.250 0 0 NR NR NR 0 State and tribal institutional control/ engineering control registries INST CONTROL 0.500 State and tribal voluntary cleanup sites INDIAN VCP 0.500 VCP 0.500 State and tribal Brownfields sites BROWNFIELDS 0.500 ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 US BROWNFIELDS 0.500 Local Lists of Landfill/ Solid Waste Disposal Sites NR ODI 0.500 DEBRIS REGION 9 0.500 SWRCY 0.500 HIST LF 0.500 INDIAN ODI 0.500 Local Lists of Hazardous waste / Contaminated Sites NR 0 US CDL TP US HIST CDL TP Local Land Records 0 LIENS 2 TP Records of Emergency Release Reports HMIRS TP IMD 0.500 SPILLS TP SPILLS 80 TP SPILLS 90 TP Other Ascertainable Records RCRA NonGen / NLR 0.250 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 NR NR NR 0 TC4326486.2s Page 5 MAP FINDINGS SUMMARY EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 EDR US Hist Auto Stat 0.250 EDR US Hist Cleaners 0.250 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP RGA LF TP RGA LUST TP - Totals -- 0 0 0 0 0 NR 0 0 0 NR NR NR 0 0 0 NR NR NR 0 NR Search NR NR NR 0 NR NR NR NR Distance Target NR NR NR NR NR 0 Total Database (Miles) Property < 1/8 1/8 - 1/4 1/4-1/2 1/2 - 1 > 1 Plotted DOT OPS TP NR NR NR NR NR 0 DOD 1.000 0 0 0 0 NR 0 FUDS 1.000 0 0 0 0 NR 0 CONSENT 1.000 0 0 0 0 NR 0 ROD 1.000 0 0 0 0 NR 0 UMTRA 0.500 0 0 0 NR NR 0 US MINES 0.250 0 0 NR NR NR 0 TRIS TP NR NR NR NR NR 0 TSCA TP NR NR NR NR NR 0 FTTS TP NR NR NR NR NR 0 HIST FTTS TP NR NR NR NR NR 0 SSTS TP NR NR NR NR NR 0 ICIS TP NR NR NR NR NR 0 PADS TP NR NR NR NR NR 0 MLTS TP NR NR NR NR NR 0 RADINFO TP NR NR NR NR NR 0 FINDS TP NR NR NR NR NR 0 RAATS TP NR NR NR NR NR 0 RMP TP NR NR NR NR NR 0 UIC TP NR NR NR NR NR 0 DRYCLEANERS 0.250 0 0 NR NR NR 0 NPDES TP NR NR NR NR NR 0 INDIAN RESERV 1.000 0 0 0 0 NR 0 SCRD DRYCLEANERS 0.500 0 0 0 NR NR 0 COAL ASH 0.500 0 0 0 NR NR 0 Financial Assurance TP NR NR NR NR NR 0 LEAD SMELTERS TP NR NR NR NR NR 0 US AIRS TP NR NR NR NR NR 0 EPA WATCH LIST TP NR NR NR NR NR 0 US FIN ASSUR TP NR NR NR NR NR 0 COAL ASH EPA 0.500 0 0 0 NR NR 0 PCB TRANSFORMER TP NR NR NR NR NR 0 COAL ASH DOE TP NR NR NR NR NR 0 2020 COR ACTION 0.250 0 0 NR NR NR 0 PRP TP NR NR NR NR NR 0 EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP 1.000 EDR US Hist Auto Stat 0.250 EDR US Hist Cleaners 0.250 EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS TP RGA LF TP RGA LUST TP - Totals -- 0 0 0 0 0 NR 0 0 0 NR NR NR 0 0 0 NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 NR NR NR NR NR 0 0 0 0 0 0 0 TC4326486.2s Page 6 MAP FINDINGS SUMMARY Search Distance Target Total Database (Miles) Property < 1/8 1/8-1/4 1/4-1/2 1/2 - 1 > 1 Plotted NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC4326486.2s Page 7 Sandy Bridge Farm 1356 Rock Road Rutherfordton, NC 28139 Inquiry Number: 4326486.3 June 15, 2015 6 Armstrong Read, 41M Floor Shell -on. Conn-ecticut 0484 EDW Tall Free: BOO.252_0135O www.1adtrti1g-t Com Certified Sanborn® Ma Site Name: Sandy Bridge Farm 1356 Rock Road Rutherfordton, NC 28139 EDR Inquiry # 4326486.3 Client Name: KCI Technologies, Inc. 4601 Six Forks Road Raleigh, NC 27609 Contact: Tim Morris (rEDRO 6/15/15 The Sanborn Library has been searched by EDR and maps covering the target property location as provided by KCI Technologies, Inc. were identified for the years listed below. The Sanborn Library is the largest, most complete collection of fire insurance maps. The collection includes maps from Sanborn, Bromley, Perris & Browne, Hopkins, Barlow, and others. Only Environmental Data Resources Inc. (EDR) is authorized to grant rights for commercial reproduction of maps by the Sanborn Library LLC, the copyright holder for the collection. Results can be authenticated by visiting www.edrnet.com/sanborn. The Sanborn Library is continually enhanced with newly identified map archives. This report accesses all maps in the collection as of the day this report was generated. Certified Sanborn Results: Site Name: Sandy Bridge Farm Address: 1356 Rock Road City, State, Zip: Rutherfordton, NC 28139 Cross Street: P.O. # 20157877 Project: Sandy Bridge Farm Certification # AB6A-433A-B4D2 UNMAPPED PROPERTY This report certifies that the complete holdings Library, LLC collection have been searched supplied target property information, and fire covering the target property were not found. Limited Permission To Make Copies Sanborn® Library search results Certification # AB6A-433A-B4D2 The Sanborn Library includes more than 1.2 million fire insurance maps from Sanborn, Bromley, Perris & Browne, Hopkins, Barlow and others which track of the Sanborn historical property usage in approximately 12,000 based on client American cities and towns. Collections searched: insurance maps f Library of Congress V' University Publications of America N EDR Private Collection The Sanborn Library LLC Since 1866TM KCI Technologies, Inc. (the client) is permitted to make up to FIVE photocopies of this Sanborn Map transmittal and each fire insurance map accompanying this report solely for the limited use of its customer. No one other than the client is authorized to make copies. Upon request made directly to an EDR Account Executive, the client may be permitted to make a limited number of additional photocopies. This permission is conditioned upon compliance by the client, its customer and their agents with EDR's copyright policy; a copy of which is available upon request. Disclaimer - Copyright and Trademark notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2015 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. 4326486 - 3 page 2 Sandy Bridge Farm 1356 Rock Road Rutherfordton, NC 28139 Inquiry Number: 4326486.4 June 15, 2015 6 Armstrong Read, 41M Floor Shell -on. Conn-ecticut 0484 EDW Tall Free: BOO.252_0135O www.1adtrti1g-t Com Historical Topographic Map TARGET QUAD SITE NAME: Sandy Bridge Farm CLIENT: KCI Technologies, Inc. N NAME: RUTHERFORDTON ADDRESS: 1356 Rock Road CONTACT: Tim Morris Rutherfordton, NC 28139 INQUIRY#: 4326486.4 TNORTH MAP YEAR: 1966 LAT/LONG: 35.4096 / -81.937 RESEARCH DATE: 06/15/2015 SERIES: 7.5 SCALE: 1:24000 Historical Topographic Map S � 1 g?qtv L\ \ i r _ 1jP ` (' jx . 040 1066,)x< �a l �4' _,, �, ,��'�� •ti , inn � ice,, ° � � _,r�, � -- .z,--�j J � n} �,_ 1 `� �r `011 d`' � •� .�� `�\ � r c fr a' l��! �`I l Y _ I•yl 4Y r� \�+� Vf ��, � � ��� f7/] i7_ � .�/ X � �we�. If..i....�r 1 �`� .'� \\\F TARGET QUAD SITE NAME: Sandy Bridge Farm CLIENT: KCI Technologies, Inc. N NAME: RUTHERFORDTON ADDRESS: 1356 Rock Road CONTACT: Tim Morris TNORTH Rutherfordton, NC 28139 INQUIRY#: 4326486.4 MAP YEAR: 1993 LAT/LONG: 35.4096 / -81.937 RESEARCH DATE: 06/15/2015 SERIES: 7.5 SCALE: 1:24000 Historical Topographic Map TARGET QUAD SITE NAME: Sandy Bridge Farm CLIENT: KCI Technologies, Inc. N NAME: RUTHERFORDTON ADDRESS: 1356 Rock Road CONTACT: Tim Morris TNORTH Rutherfordton, NC 28139 INQUIRY#: 4326486.4 MAP YEAR: 2002 LAT/LONG: 35.4096 / -81.937 RESEARCH DATE: 06/15/2015 SERIES: 7.5 SCALE: 1:24000 Agency Letters KCI TECHNOLOGIES June 16, 2015 ENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center H, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax Ms. Renee Gledhill -Earley Environmental Review Coordinator State Historic Preservation Office 4617 Mail Service Center Raleigh, NC 27699-4617 Subject: Cultural Resources Review Sandy Bridge Farm Stream and Wetland Restoration Project KCI Job # 20157877 Dear Mrs. Gledhill -Earley: On behalf of our client, the North Carolina Division of Mitigation Services (DMS), KCI Technologies, Inc. requests review and comment on any possible issues that might emerge with respect to archaeological or cultural resources associated with a potential stream and wetland restoration project on the above referenced site. The subject site, known as the Sandy Bridge Farm stream and wetland restoration site, is located north-northeast of Rutherfordton, North Carolina in the central portion of Rutherford County (Figure 1). Specifically, the site is located 2.2 miles north on Rock Road from the intersection of US 64 and US 74A. It is situated within the 03050105 (Broad River Basin) Watershed Cataloging Unit and the 03050105070020 Local Watershed Unit (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). Please accept the attached information as a submittal for cultural resources review by the State Historic Preservation Office and the Office of State Archaeology. The planned stream and wetland restoration work aims to restore the hydrology and vegetation components to this riparian wetland system by filling existing ditches across the site and stabilizing the site with native vegetation. There will not be any impacts to existing structures (buildings, barns, etc.) on the subject property. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. In addition, the majority of the site has historically been disturbed due to agricultural purposes such as cattle grazing, ditching and draining. Proposed mitigation actions are shown on Figure 4. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information concerning the extent of site disturbance associated with this project. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist Ecosystem Dynamics Practice KC1 TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCIENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center 11, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES June 16, 2015 Ms. Marella Buncick, US Fish and Wildlife Service Asheville Field Office 160 Zillicoa Street Asheville, NC 28801 Subject: Endangered Species Act, Fish and Wildlife Coordination Act, Migratory Bird Treaty Act Sandy Bridge Farm Stream and Wetland Restoration Site KCI Job # 20157877 Dear Mr. Benjamin: Please accept this information pertaining to the proposed Sandy Bridge Farm stream and wetland restoration site for natural area and rare species review by the US Fish and Wildlife Service. The subject site, known as the Sandy Bridge Farm stream and wetland restoration site, is located north-northeast of Rutherfordton, North Carolina in the central portion of Rutherford County (Figure 1). Specifically, the site is located 2.2 miles north on Rock Road from the intersection of US 64 and US 74A. It is situated within the 03050105 (Broad River Basin) Watershed Cataloging Unit and the 03050105070020 Local Watershed Unit (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of the site (Figure 4) is currently under investigation as a wetland restoration project for the North Carolina Division of Mitigation Services. The funding for this project comes from the USDOT Federal Highway Administration through the North Carolina Department of Transportation. Land use at this site is primarily pastureland. The planned restoration work aims to restore the hydrology and vegetation components to this riparian wetland system by filling drainage ditches, restoring a channelized stream to a meandering channel integrated with riparian wetlands, reducing the impacts of adjacent agricultural practices, and stabilizing the site with native vegetation. All of the wetland restoration actions will focus on reconnecting the restoration areas to existing wetlands to expand wetland habitat and the forested corridor along Catheys Creek. Besides expanding wetland habitat, it will also increase the buffering capacity before runoff reaches Catheys Creek. There will not be any impacts to existing structures (buildings, barns, etc.) on the subject property. As part of the environmental documentation process (Categorical Exclusion), coordination with the NCWRC and the USFWS is required for compliance with the Fish and Wildlife Coordination Act and the Endangered Species Act. We have already obtained an updated species list for Rutherford County from your web site. The rare, threatened and endangered species for this county are included in Attachment 1. We are requesting that you please provide any known information for any additional species, if any, in the county that we should be aware of in the development of this project. The USFWS will be contacted if additional studies find suitable habitat for any listed species or if we determine that the project may affect one or more federally listed species or designated critical habitat. Please provide comments on any possible issues that might KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 emerge with respect to endangered species, migratory birds or other trust resources from the construction of a stream and wetland restoration project on the subject property. If we have not heard from you in 30 days we will assume that our species list is correct, that you do not have any comments regarding associated laws, and that you do not have any information relevant to this project at the current time. We thank you in advance for your timely response and cooperation. Please feel free to contact us with any questions that you may have concerning the extent of site disturbance associated with this project. My phone number is 919-278-2511 and my email address is tim.morriskkci.com Sincerely, Timothy J. Morris Project Manager Enclosures KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 Endangered Species Review for Sandy Bridge Farm Stream and Wetland Restoration Site Rutherford County, North Carolina A review of the United States Fish and Wildlife Service's (USFWS) listing of federally endangered species, threatened species, species of concern and candidate species revealed three endangered species, three threatened species, and twelve federal species of concern in Rutherford County (Table 1). Table 1. Species in Rutherford County, North Carolina listed under the federal Endangered Species Act. Major Common Federal Status/ Taxonomic Scientific Name Name Record Status Group Vertebrate Dendroica Cerulean FSC/Current cerulea warbler Vertebrate Myotis leibii Eastern FSC/Current small -footed bat Vertebrate Aneides aeneus Green FSC/Current salamander Vertebrate Myotis sodalis Indiana bat Endangered/Current Vertebrate Myotis Northern Threatened/Current septentrionalis long-eared bat Pituophis Northern pine Vertebrate melanoleucus snake FSC/Obscure melanoleucus Neotoma Southern Vertebrate floridana Appalachian FSC/Current haematoreia eastern woodrat Vascular Plant Packera Blue Ridge FSC/Current millefolium Ragwort Vascular Plant Juglans cinerea Butternut FSC/Current Vascular Plant Hexastylis Dwarf -flowered Threatened/Current naniflora heartleaf Vascular Plant Solidago Granite dome FSC/Current simulans goldenrod Vascular Plant Saxifraga Gray's saxifrage FSC/Current caroliniana Vascular Plant Silene ovata Mountain FSC/Historic catchfly Vascular Plant Hexastylis Mountain FSC/Current contracta heartleaf Vascular Plant Isotria Small whorled Threatened/Current medeoloides pogonia Vascular Plant Monotropsis Sweet pinesap FSC/Current odorata Vascular Plant Sisyrinchium White irisette Endangered/Current dichotomum Lichen Gymnoderma Rock gnome Endangered/Current lineare lichen Species and Habitat Description (Threatened and Endangered Species) Indiana Bat (Myotis sodalis) Indiana bats can be found throughout the eastern half of the United States. Indiana bats hibernate during winter in caves or, occasionally, in abandoned mines. For hibernation, they require cool, humid caves with stable temperatures, under 50° F but above freezing. Very few caves within the range of the species have these conditions. Hibernation is an adaptation for survival during the cold winter months when no insects are available for bats to eat. Bats must store energy in the form of fat before hibernating. During the six months of hibernation the stored fat is their only source of energy. If bats are disturbed or cave temperatures increase, more energy is needed and hibernating bats may starve. After hibernation, Indiana bats migrate to their summer habitat in wooded areas where they usually roost under loose tree bark on dead or dying trees. During summer, males roost alone or in small groups, while females roost in larger groups of up to 100 bats or more. Indiana bats also forage in or along the edges of forested areas. Northern long-eared bat (Myotis septentrionalis) The northern long-eared bat is federally listed as a threatened species under the Endangered Species Act. Northern long-eared bats spend winter hibernating in caves and mines, called hibernacula. They use areas in various sized caves or mines with constant temperatures, high humidity, and no air currents. Within hibernacula, surveyors find them hibernating most often in small crevices or cracks, often with only the nose and ears visible. During the summer, northern long-eared bats roost singly or in colonies underneath bark, in cavities or in crevices of both live trees and snags (dead trees). Males and non -reproductive females may also roost in cooler places, like caves and mines. Northern long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on suitability to retain bark or provide cavities or crevices. This bat has also been found rarely roosting in structures, like barns and sheds. Threats to the northern long- eared bat include disease (namely the White -nose syndrome), wind farm operation mortality, and removal of habitat via converting forests to other land uses. Dwarf -flowered heartleaf (Hexastylis naniflora) Dwarf -flowered heartleaf is a low -growing evergreen perennial plant that is federally listed as a threatened species. Dwarf -flowered heartleaf grows in acidic soils along bluffs and adjacent slopes, in boggy areas next to streams and creek heads, and along the slopes of nearby hillsides and ravines. It can be found in the upper piedmont region of Western North Carolina and upstate South Carolina. The greatest threat to dwarf -flowered heartleaf is conversion of habitat to agricultural, residential, commercial, and industrial uses. Habitat may also be eliminated through the construction of reservoirs, which floods habitat. Small whorled pogonia (Isotria medeoloides) The small whorled pogonia is a member of the orchid family that is currently listed as a threatened species. Although widely distributed, the small whorled pogonia is rare. It is found in 17 eastern states and Ontario, Canada. Populations are typically small with less than 20 plants. This orchid grows in older hardwood stands of beech, birch, maple, oak, and hickory that have an open understory. Sometimes it grows in stands of softwoods such as hemlock. It prefers acidic soils with a thick layer of dead leaves, often on slopes near small streams. The primary threat to the small whorled pogonia is the past and continuing loss of populations when their habitat is developed for urban expansion. Some forestry practices eliminate habitat. Also, habitat may be degraded or individual plants lost because of recreational activities and trampling. White Irisette (Sisyrinchium dichotomum) The white irisette is a perennial herb that is found in specific regions of North and South Carolina. The species is found on mid -elevation slopes, characterized by open, dry to moderate -moisture oak -hickory forests. White irisette usually grows in shallow soils on regularly disturbed sites (such as woodland edges and roadsides) and over rocky, steep terrain. It is currently threatened by human -related disturbances, such as development. Rock Gnome Lichen (Gymnoderma lineare) Found in the Southern Appalachian Mountains, the Rock gnome lichen is primarily limited to vertical rock faces where seepage water from forest soils above flows during (and only during) very wet times. It appears that the species needs a moderate amount of light, but that it cannot tolerate high-intensity solar radiation. It does well on moist, generally open, sites, with northern exposures, but needs at least partial canopy coverage where the aspect is southern or western. Bald and Golden Eagle Protection Act (BGPA) The Bald and Golden Eagle Protection Act (BGPA) prohibits the killing, selling or otherwise harming of eagles, their nests and their eggs. The bald eagle was delisted as endangered in 1995 and as threatened in 2007. The BGPA continues to protect the species regardless of its delisted status. Bald eagles have been documented in Rutherford County. Bald Eagle (Haliaeetus leucocephalus) Bald eagles like lakes and other large bodies of water. During the summer, they can be seen soaring above lakes and in the nearby trees. They prefer lakes and reservoirs with lots of fish and surrounding forests. In the winter, bald eagles can be seen around unfrozen lakes and hunting along coastlines, reservoirs and rivers. During the migration, bald eagles are seen near all types of water habitats. The bald eagle is an opportunistic feeder which subsists mainly on fish, which it swoops down and snatches from the water with its talons. It builds the largest nest of any North American bird and the largest tree nests ever recorded for any animal species, up to 4 m (13 ft) deep, 2.5 m (8.2 ft) wide, and 1 metric ton (1.1 short tons) in weight. Sexual maturity is attained at the age of four to five years. The bald eagle typically requires old-growth and mature stands of coniferous or hardwood trees for perching, roosting, and nesting. Tree species reportedly is less important to the eagle pair than the tree's height, composition and location. Perhaps of paramount importance for this species is an abundance of comparatively large trees surrounding the body of water. Selected trees must have good visibility, be over 20 in (66 ft) tall, an open structure, and proximity to prey. Potential Habitat at the Sandy Bridge Farm Stream and Wetland Restoration Site Habitat for Indiana bat (Mvotis sodalis) Indiana bats find habitat in small to medium river and stream corridors with well- developed riparian woods and in woodlots within 1 to 3 miles of small to medium rivers and streams during the summer. During the winter, they hibernate in mines and caves. Since the project area is currently used for agricultural production, it provides no suitable habitat for Indiana bats. Biological Conclusion: No effect Habitat for Northern long-eared bat (Mvotis septentrionalis) Hibernating in caves in the winter, and roosting in both live and dead trees in the winter, the Northern long-eared bat finds habitat in forested areas along the eastern and north central portion of the United States. Since the project site is currently in agricultural production, there is no suitable habitat for this species. Biological Conclusion: No effect Habitat for Dwarf -flowered heartleaf (Hexastylis naniflora) The Dwarf -flowered heartleaf grows along slopes, ravines, and valleys, and as well as in boggy areas adjacent to streams. Its current threats include conversion of its native habitat into other land uses. Since our project site has been altered by channelizing the stream and converting the land into agricultural areas, there is currently no suitable habitat for the Dwarf -flowered heartleaf at the project site. Biological Conclusion: No effect Habitat for Small whorled po og nia (Isotria medeoloides) The small whorled pogonia lives in the open understories of old stands of hardwood trees. Since the current land use of the project site is agricultural land, all trees on the site have been historically removed, and there is no suitable habitat for this species at the site. Furthermore, the channelization of the stream prevents it from finding habitat along the small stream. Biological Conclusion: No effect Habitat for White irisette (Sisyrinchium dichotomum) The White irisette is a vascular plant that inhabits dry to medium moisture environments, with a preference for areas that regularly undergo disturbance events. Furthermore, it prefers shallow soils in rocky and steep terrain. The project area is currently used as agricultural land and does not have this disturbed, rocky substrate that the White irisette occupies. Additionally, the site topography is generally flat as it is located within the floodplain of Cathey Creek. The presence of water at the restoration site also precludes the area from being a suitable habitat for the White irisette due to its preference for dry to medium moisture conditions. Because of this and the specific habitat requirements of the White irisette, we can safely conclude that there is no potential habitat for them within the bounds of the project. Biological Conclusion: No effect Habitat for Rock Gnome Lichen (Gymnoderma lineare) The Rock gnome lichen grows on wet, partially shaded, steep escarpments of vertical rock faces. Since the project area consists of a stream and former wetland area that is now under current agricultural production, there is an inherent lack of these habitat conditions at the project site. Due to the particular need for vertical rock faces to grow on, we conclude that there is no potential habitat for the Rock gnome lichen within the bounds of the project. Biological Conclusion: No effect Bald Eagle (Haliaeetus leucocephalus) Nesting habitat for the Bald Eagle does not exist within the boundaries of the project area. Furthermore the project does not exist on a large body of water and mature trees do not exist on the site. Adjacent areas along Cathey's Creek are generally composed of second growth timber and do not appear to present nesting habitat for the bald eagle. Biological Conclusion (BGPA) — No effect Reference: NCDENR, Wildlife Resources Commission. 2006. Carolina Wildlife Profiles. http://www.ncwildlife.orWfs index 07 conservation.litin United States Fish and Wildlife Service. 2006. North Carolina's Threatened and Endangered Species. http://www.fws.gov/southeast/. KCIENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES June 3, 2015 Mr. Milton Cortes USDA Natural Resource Conservation Service 4407 Bland Road, Suite 117 Raleigh, NC 27609 Subject: Farmland Conversion Impact Rating Sandy Bridge Farm Stream and Wetland Restoration Project KCI Job Number - 20157877 Dear Mr. Clary: The purpose of this letter is to inform NRCS of our contractual intent to complete a stream and wetland restoration project on the Hughes farm in Rutherford County. This work is expected to occur over the course of the next year. The subject site, known as the Sandy Bridge Farm stream and wetland restoration site, is located north-northeast of Rutherfordton, North Carolina in the central portion of Rutherford County (Figure 1). Specifically, the site is located 2.2 miles north on Rock Road from the intersection of US 64 and US 74A. It is situated within the 03050105 (Broad River Basin) Watershed Cataloging Unit and the 03050105070020 Local Watershed Unit (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of the Hughes Property (Figure 4) is currently under investigation as a stream and wetland restoration project for the North Carolina Division of Mitigation Services. The funding for this project comes from the USDOT and Federal Highway Administration. Land use at this site is primarily pastureland. The planned restoration work aims to restore the hydrology and vegetation components to this riparian wetland system by filling existing ditches across the site and stabilizing the site with native vegetation. Following the review of the included documentation, please provide a determination regarding any potential impacts from farmland conversion associated with this project. Included is the Farmland Conversion Impact Rating Form (AD -1006); please complete Parts II, IV and V. Please feel free to contact me at tim.morriskkci.com, or 919-278- 2511, should you have any questions or require any further information concerning the extent of site disturbance associated with this project. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist Ecosystem Dynamics Practice KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCI TECHNOLOGIES June 15, 2015 ENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax Ms. Shannon Deaton Habitat Conservation Program Manager NC Wildlife Resources Commission, Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721 Subject: Fish and Wildlife Coordination Act Sandy Bridge Farm Stream and Wetland Restoration Project KCI Project Number - 20157877 Dear Ms. Deaton: The purpose of this letter is to request review and comment from the NC Wildlife Resources Commission with respect to potential fish and wildlife impacts associated with the above referenced project. The subject site, known as the Sandy Bridge Farm stream and wetland restoration site, is located north-northeast of Rutherfordton, North Carolina in the central portion of Rutherford County (Figure 1). Specifically, the site is located 2.2 miles north on Rock Road from the intersection of US 64 and US 74A. It is situated within the 03050105 (Broad River Basin) Watershed Cataloging Unit and the 03050105070020 Local Watershed Unit (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of the site (Figure 4) is currently under investigation as a stream and wetland restoration project for the North Carolina Division of Mitigation Services. The funding for this project comes from the USDOT Federal Highway Administration through the North Carolina Department of Transportation. Land use at this site is primarily pastureland. The planned restoration work aims to restore the hydrology and vegetation components to this riparian wetland system by filling existing ditches across the site and stabilizing the site with native vegetation. As part of the environmental documentation process (Categorical Exclusion), coordination with the NCWRC and the USFWS is required for compliance with the Fish and Wildlife Coordination Act. Following the review of the included documentation, please provide a determination of the potential effects to wildlife associated with this project. Please feel free to contact me at tim.morris(a)kci.com, or 919-278-2511, should you have any questions or require any further information concerning the extent of site disturbance associated with this project. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist Ecosystem Dynamics Practice KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCIENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES June 15, 2015 Ms. Allison Weakley North Carolina Natural Heritage Program 1601 Mail Service Center Raleigh, NC 27529 Subject: Natural Heritage Review Sandy Bridge Farm Stream and Wetland Restoration Project KCI Project Number: 20157877 Dear Ms. Weakley: Please accept this information pertaining to the proposed Sandy Bridge Farm stream and wetland restoration site for natural area and rare species review by the North Carolina Natural Heritage Program. The subject site, known as the Sandy Bridge Farm stream and wetland restoration site, is located north-northeast of Rutherfordton, North Carolina in the central portion of Rutherford County (Figure 1). Specifically, the site is located 2.2 miles north on Rock Road from the intersection of US 64 and US 74A. It is situated within the 03050105 (Broad River Basin) Watershed Cataloging Unit and the 03050105070020 Local Watershed Unit (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of this property (Figure 4) is currently under investigation for a stream and wetland restoration project for the North Carolina Division of Mitigation Services. The vegetation at this site is primarily pastureland with small areas of both wetland and upland forest occurring within and adjacent to the project area. The planned restoration work aims to restore the hydrology and vegetation components to this wetland system by filling existing ditches across the site and stabilizing the site with native vegetation. Following the review of the included documentation, please provide a determination of the potential effects to endangered species, wildlife, or migratory birds associated with this project. Please feel free to contact me at (919) 278-2511, should you have any questions or require any further information to process this request. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist Ecosystem Dynamics Practice Attachments KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 KCIENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center 11, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES June 19, 2015 Mr. Tyler Howe Tribal Historic Preservation Specialist Eastern Band of Cherokee Indians Tribal Historic Preservation Office P.O. Box 455 Cherokee, NC 28719 Subject: Project Comment Request NC DENR Division of Mitigation Services (DMS) - Sandy Bridge Farm Stream and Wetland Restoration Project in Rutherford County, NC KCI Project Number: 20157877 Dear Mr. Howe, The NC DENR Division of Mitigation Services (formerly the Ecosystem Enhancement Program) requests review and comment on any possible issues that might emerge with respect to archaeological or religious resources associated with a potential wetland and stream restoration project on the above referenced site. The subject site is located north-northeast of Rutherfordton, North Carolina in the central portion of Rutherford County (Figure 1). Specifically, the site is located 2.2 miles north on Rock Road from the intersection of US 64 and US 74A. It is situated within the 03050105 (Broad River Basin) Watershed Cataloging Unit and the 03050105070020 Local Watershed Unit (Figure 2). Land use in the watershed is primarily agricultural or forest land (Figure 3). A portion of this property (Figure 4) is currently under investigation for a stream and wetland restoration project for the North Carolina Division of Mitigation Services. The vegetation at this site is primarily pastureland with small areas of both wetland and upland forest occurring adjacent to the project area. The planned restoration work aims to restore the hydrology and vegetation components to this wetland system by filling existing ditches across the site, realigning the existing stream and stabilizing the site with native vegetation. No architectural structures or archeological artifacts have been observed or noted during preliminary surveys of the site for restoration purposes. In addition, the majority of this site has historically been disturbed due to agricultural purposes such as tilling, clearing and hydrologic manipulation (primarily ditching). We ask that you review this site based on the attached information to determine if you know of any existing resources that we need to be made aware of. In addition, please let us know the level your future involvement with this project needs to be (if any). A similar comment request letter has been sent to the North Carolina State Preservation Office for compliance with Section 106 of the Historic Preservation Act. We thank you in advance for your timely response and cooperation. Please feel free to contact the below referenced DMS Project Manager with any questions that you may have concerning the extent of site disturbance associated with this project. KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 Sincerely, Timothy J. Morris Senior Environmental Scientist Ecosystem Dynamics Practice Cc: Harry Tsomides, DMS Project Manager harry.tsomides(a)ncdenr.gov — 828-545-7057 Attachments KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 Rutherford County Airport — Due to the proximity of the project to the Rutherford County Airport and the potential for the project to be in conflict with FAA Advisory Circular 150/5200-33B, KCI requested a site meeting with Rutherford County Manager Steve Garrison and others at the County with interest in the project. Rutherford County Airport is owned and operated by the County through the Rutherford County Airport Authority. This field meeting occurred on July 6, 2014. The results of that meeting are detailed in the "Agency Response" Section of this report. KCIENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center 11, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax TECHNOLOGIES June 16, 2015 Mr. Scott Hughes and Mrs. Sandra Hughes 1356 Rock Road Rutherfordton, NC 28139 Subject: Notification of Uniform Act Provisions KCI Job Number — 20157877 Dear Mr. and Mrs. Hughes: As part of the environmental documentation process in preparation for the stream and wetland restoration project on your property, this letter is to inform you of provisions in the Federal Highway Administration Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, referred to as the Uniform Act. The Uniform Act was developed to provide for uniform and equitable treatment of persons displaced from their homes, businesses, non-profit associations, or farms by federal and federally -assisted programs, and establishes uniform and equitable land acquisition policies. The Act assures that such persons are treated fairly, consistently, and equitably, and so that they will not suffer disproportionate injuries. This act applies to any project which utilizes federal funds for the purchase of any interest in real property, including conservation easements. A portion of the funding for this project is ultimately provided by the US Department of Transportation, through the NC Department of Transportation for in-kind mitigation to offset impacts from transportation projects in the area, and therefore we are required to inform you of the following provisions. The provisions of this act require that we inform you in writing that this conservation easement transaction is voluntary and that the project is being developed by KCI for the North Carolina Division of Mitigation Services (NCDMS), and as a result, KCI or NCDMS does not have the authority to acquire the property by eminent domain in the event negotiations fail to reach an amicable agreement. In addition, the Act requires that we indicate the agreed purchase price of $12,000 per acre. This letter is for your information, and no response is necessary. Please feel free to contact me at 919-278-2511, should you have any questions or require any further information. Sincerely, Timothy J. Morris Senior Environmental Scientist Ecosystem Dynamics Practice KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 BURKE MCDOWELL RUTHERFORD POLK CLEVELAN STATE OF SOUTH CAROLINA RUTHERFORDTON Project Site Location u County Boundary Major Roads Minor Roads t Airports Within 5 -mi Radius Major Rivers Cities and Towns RUTHERFORD COUNTY + AIRPORT SPINDALE 74 0 0.75 1.5 FIGURE 1. VICINITY MAP SANDY BRIDGE FARM RESTORATION SITE Miles RUTHERFORD COUNTY, NC FOREST CITY 74 221 VQ m f J!,. 7" L�- �_ }. (rte - ���` '� _z� �� ? � �a `�' `•, � - � � � • t�- e,.b x — rr !rr r —'3`� f � rte' `— �``: �. � a• I > J ++- `��:. •1�•-- �' Proposed Easement Q Project Watershed (1.31 sq mi) Q 14-digit HUC Boundaries \ Tributary 1 (Project Reach) Q Quadrangle Boundaries ! t , {, 1 %( ,,\ FIGURE 2. USGS TOPOGRAPHIC MAP N 0 1,000 2,000 Source: USGSOR SANDY BRIDGE FARM RESTORATION SITE RutnerfordtonMorth Feet RUTHERFORD COUNTY, NC Quad (1993). Agency Responses btu. STATE ai North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz July 20, 2015 Timothy J. Morris KCI Technologies Landmark Center Il, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Office of Archives and History Deputy Secretary Kevin Cherry Re: Sandy Bridge Farm Stream and Wetland Restoration Project, Rutherfordton, KCI 20157877, Rutherford County, ER 15-1439 Dear Mr. Morris: Thank you for your letter of June 16, 2015, concerning the above project. There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. The project area is located immediately east of an unevaluated historic archaeological site, 31RF174**, and is in close proximity to the Gilbert Town Historic District. Based on the topographic and hydrological situation and the density of archaeological sites in the area, there is a high probability for the presence of prehistoric or historic archaeological sites. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.archaeology.ncdcr.gov/ncarch/resource/consultants.htm. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. We have determined that the project as proposed will not have an effect on any historic structures. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 276994617 Telephone/Fax: (919) 807-6570/807-6599 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewgncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, 6�vRamona M. Bartos Archaeological Survey of the Sandy Bridge Farm Stream and Wetland Restoration Area Rutherford County, North Carolina Prepared by Michael Keith O'Neal Archaeological Consultants of the Carolinas, Inc. August 2015 Introduction In August 2015, Archaeological Consultants of the Carolinas, Inc. (ACC), conducted an archaeological survey of the Sandy Bridge Farm Stream and Wetland Restoration Area in Rutherford County, North Carolina (Figure 1). This project was conducted on behalf of KCI Associates of North Carolina. The objectives of this survey were to identify all archaeological resources within the project tract, evaluate their significance based on National Register of Historic Places (NRNP) criteria, and determine the potential effects of the proposed substation on identified resources. The Project Tract Ruthertard f County 41 Project Rrea w� eaMXbAeaw..b lM1e Qt3 uXN Figure 1. Map showing the location of the project area. The wetland restoration area is located southeast ofthe Rock Road crossing of Catheys Creek (Figure 2). The survey tract encompasses approximately 9 acres. The tract is predominantly located in a floodplain associated with an unnamed tributary of Catheys Creek (Figure 3). The unnamed creek flows approximately north to south through the center of the tract. The tract is currently used as pasture for long horn steer and horses (Figure 4). Drainage ditches are present in the western portion of the tract and are oriented northwest to southeast (Figure 5). Erosion throughout the area is quite significant, particularly along the creek banks. 1 FAV. ,rte IM. MWI1� 1 Gilbert Town. Historic District { r:- 4 l i 5 31RFf28, { •ii r V P 1 Sandy Bridge Farm Project Tract u District Boundary Recorded Site 0 100 200 I _ - Gib" Town Loci SEE[::= ! Melem Figure 2. Map showing the location of the project tract (1966 Rutherfordton North, NC USGS 7.5 minute topographic quadrangle). Background Research Background research included a review of records on file at the Office of State Archaeology in Raleigh, North Carolina to identify previously recorded archaeological resources in the vicinity of the prof ect tract. This task also included examination of historic highway maps, aerial photography, and historic topographic maps. No archaeological sites are located within the project tract. However, the project tract is located in the eastern portion of the Gilbert Town Historic District (see Figure 2). Gilbert Town is associated with William Gilbert whose house served as the Rutherford County courthouse in the 1780s. The town was an important trading center and was used as a camp for both American and British forces during the Revolutionary War (NRHP Registration Form). The district encompasses approximately 460 acres of cultivated land and woodland. The boundaries were determined based on the relative integrity (lack of development and other disturbances) in the area surrounding Gilbert Town. In total, the district includes 20 tax parcels. The project tract is within Parcel 8 and is described as open pasture with woodland along Catheys Creek. No buildings or structures associated with Gilbert Town proper are located in the project tract. 2 .-_, �• - • y'� ++r','`� rip �} r' j - � a Figure 3. View of the unnamed tributary in the project tract, looking north. Figure 4. General view of the pasture in the project tract, looking south. 3 Figure 5. View of a drainage ditch in the western portion of the tract, looking northwest. Within the Gilbert Town Historic District, is archaeological site 31RF 128**, Historic Gilbert Town (see Figure 2). In 2004, an archaeological reconnaissance of the area was conducted by the South Carolina Institute of Archaeology and Anthropology (SCIAA; Smith and Legg 2004). Smith and Legg (2004) identified eight activity loci within the site (Table 1), all of which are located west of Catheys Creek. None of the identified activity loci are within the project tract, and site 31RF128** will not be impacted by the proposed wetland restoration.. Table 1. Summary of Activity Loci in Historic Gilbert Town (31RF128**) Locus I Description 1 18`h - 19`' century house site 2 18`h century historic site - unknown function 3 small domestic site or military camp 4 domestic site and/or military camp 5 possible location ofmain camp under command of British Major Patrick Ferguson (September 1780) 6 Hampton -McKinney House 7 Gilbert Cemetery 8 18`h century cemetery 4 One additional archaeological site (31RF174**) is located approximately 270 meters northwest of the project tract along the unnamed drainage. This site was recorded during an investigation for bridge replacements along Catheys Creek and its tributaries (Halvorsen 2006). The site consists of two granite grinding stones and a "presumed placer (mining) pit" (Halvorsen 2006:36). It was recommended not eligible for the NRNP. Being well outside of the wetland restoration area, this site will not be impacted by proposed restoration. Geological and soil data for the project area were also examined. The data were obtained from the published soil survey and online resources (Keenan and Harris 1997; USDA 2015). Two soil types, Chewacla loam and Dorian loam, are present in the tract (Figure 6). These soil types encompass 91 and 9 percent of the project tract, respectively. Chewacla loam forms on floodplains, is somewhat poorly drained, and frequently flooded. Poorly drained soils are generally view as having low potential for the presence of archaeological remains. Dorian loam forms on flats on stream terraces, is moderately well drained, and rarely flooded. This soil type was considered to have high archaeological potential. 'i bi v c2¢ ti Sandy Bridge Farm Tract5wndary Soil Type Road Ch€wacla loam(ChA) 4 -foot contour Dc ran loam (Do9) a 40 so 120 160 Meters Figure 6. Map showing the soils in the project tract. Figure 7. Aerial view of the Sandy Bridge Farm project tract. Field Investigation The project tract was surveyed by excavating shovel tests at 20 meter intervals along parallel transects spaced 20 meters apart. Transects were oriented along the creek in the southern and eastern portions of the tract. Transects in the northwestern portion of the tract were oriented with the drainage ditches. Figure 7 presents an aerial image showing the ditches and the creek. Areas exhibiting exposed subsoil were visually inspected for archaeological remains. In total, 84 shovel tests were excavated. Shovel test soil profiles typically consisted of 10 to 15 cm of reddish brown sandy loam overlaying red sandy clay. No archaeological remains were identified in the shovel tests. Summary and Recommendations The Sandy Bridge Farm Stream and Wetland Restoration tract encompasses approximately 9 acres of pasture. The area is severely disturbed by flooding, erosion, and land -use practices. No archaeological deposits were identified during this investigation. As no significant archaeological resources will be impacted by the proposed restoration, archaeological clearance is recommended. 0 References Cited Halvorsen, Scott E. 2006 Replacement of Bridges 37 and 39 on SR 1520 over Cathey's Creek and Fork of Cathey's Cree; Rutherford County, North Carolina. North Carolina Department of Transportation, Raleigh. Keenan, Scott C. and J. Craig Harris 1997 Soil Survey of Rutherford County, North Carolina. United States Department of Agriculture, Washington, D.C. Smith, Steven D. and James B. Legg 2004 Archaeological Reconnaissance of Historic Gilbert Town, 31RF128, Rutherford County, North Carolina. South Carolina Institute of Archaeology and Anthropology, Columbia. United States Department of Agriculture 2015 Web S o i l Survey, Electronic Document http://websoilsurvey.nres.usda.gov/app[WebSoilSurvey.aspx. Accessed August 2015. United States Geological Survey (USGS) 1966 Rutherfordton North, NC 7.5 minute topographic quadrangle. 7 btu. STATE ai North Carolina Department of Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Pat McCrory Secretary Susan Kluttz September 25, 2015 Michael O'Neal Archaeological Consultants of the Carolinas, Inc. 121 East First Street Clayton, NC 27520 Re: Sandy Bridge Farm Stream and Wetland Restoration Project, Rutherfordton, Rutherford County, ER 15-1439 Dear Mr. O'Neal: Office of Archives and History Deputy Secretary Kevin Cherry Thank you for your email of August 24, 2015, transmitting the archaeological survey report by Archaeological Consultants of the Carolinas (ACC) for the above project. During the course of the survey, no sites were located within the project area. ACC has recommended that no further archaeological investigation be conducted in connection with this project. We concur with this recommendation since the project will not involve significant archaeological resources. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or environmental.reviewnncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona M. Bartos cc: Timothy J. Morris, KCI Technologies Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 United States Department of Agriculture Natural Resources Conservation Service Milton Cortes, Assistant State Soil Scientist 4407 Bland Road, Suite 117 Telephone No.: (919) 873-2171 Raleigh, North Carolina 27609 Fax No.: (919) 873-2157 E-mail: milton.cortes@nc.usda.gov August 14, 2015 Timothy J. Morris Senior Associate KCI Associates of NC, P.A. Landmark Center lI, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Mr. Morris The following information is in response to your review request in the Sandy Bridge Farm Wetland Restoration Project, Rutherford Co. NC Projects are subject to Farmland Protection Policy Act (FPPA) requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. For the purpose of FPPA, farmland includes prime farmland, unique farmland, and land of statewide or local importance. Farmland subject to FPPA requirements does not have to be currently used for cropland. It can be forest land, pastureland, cropland, or other land, but not water or urban built-up land. Farmland means prime or unique farmlands as defined in section 1540(c)(1) of the Act or farmland that is determined by the appropriate state or unit of local government agency or agencies with concurrence of the Secretary to be farmland of statewide of local importance. "Farmland" does not include land already in or committed to urban development or water storage. Farmland "already in" urban development or water storage includes all such land with a density of 30 structures per 40 -acre area. Farmland already in urban development also includes lands identified as "urbanized area" (UA) on the Census Bureau Map, or as urban area mapped with a "tint overprint" on the USGS topographical maps, or as "urban -built-up" on the USDA Important Farmland Maps. See over for more information. The area in question meets one or more of the above criteria for Farmland. Farmland area will be affected or converted. Enclosed is the Farmland Conversion Impact Rating form AD 1006 with PARTS II, IV and V completed by NRCS. The corresponding agency will need to complete the evaluation, according to the Code of Federal Regulation 7CFR 658, Farmland Protection Policy Act. If you have any questions, please contact me at number above. Sincerely, Milton Cortes Assistant State Soil Scientist Helping People Help the Land An Equal Opportunity Provider and Employer Projects and Activities Subject to FPPA Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly) to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. Assistance from a Federal agency includes: • Acquiring or disposing of land. • Providing financing or loans. • Managing property. • Providing technical assistance Activities that may be subject to FPPA include: • State highway construction projects, (through the Federal Highway Administration) • Airport expansions • Electric cooperative construction projects • Railroad construction projects • Telephone company construction projects • Reservoir and hydroelectric projects • Federal agency projects that convert farmland • Other projects completed with Federal assistance. Activities not subject to FPPA include: • Federal permitting and licensing • Projects planned and completed without the assistance of a Federal agency • Projects on land already in urban development or used for water storage • Construction within an existing right-of-way purchased on or before August 4, 1984 • Construction for national defense purposes • Construction of on-farm structures needed for farm operations • Surface mining, where restoration to agricultural use is planned • Construction of new minor secondary structures such as a garage or storage shed. U.S. Deplarlment cif AgricIL Iture FARMHAND CONVERSION IMPACT RAITIING PART 1117k1 bel cicirrpielleid tl y Feideira,lAgElnciy) [late Of Land Evaluation Request 6,118,119 Name01Rnoject Sancy Bridge Rann V\ellanc Reslonaliun Rncijecrl Federal Agency Irl\IaIved NC DCIT,IRHWA Pnoposed Land Lse Slreanl anc Welland Miligatian Clounty Arld Slate Rulh Elrianc Caunty NCI PART 11(7kl bei cicimpieifed by AIFICEI) [late Requesl Relceivec N NRCIS Doers the) sille ecirnlain pnime, unique, stalewic a cin local impartalnl farmlainc? Yes N a (if na, IItle FFIFIA daese r c,1 aeF p 1y — co roll camAlleile aidditicined pair s cif Ilflis form). ® `- Acnrls Irrigalel l norie Aveilalile Farm Size E13 acnes Majon Clnop(s) CC RN Ram able Land In Govt. Jun'sdiction AcnEis: 339,807 aha al Amouni 011 Fllarmland Asl Defined in RPRA Acnes: 94,99] arC 19 Narne Oil Land Evalualion Syslem Used RullhEirfanc Co. LE1cIA b ame 011 Local Site Assessment Sysic im N/A ❑ale Land Evalualion RvIumed Eq h RCS Fludusl '14, 2a'19 Ey eniail NRCS• MC PART III 117ki be ciomipikille d fly Feldeirsi,l AgEinciy) :lite FI anernative Mme Kali ing Site El :lite Cl lite ❑ A. Total Acnas Tc BEI ConVE10Eld ❑inEictly EI.EI B. Tatal Acnas 1a BEI CanvEIMEid Inc inectly (I. CI C. Tcdal Acnes In Site EI.EI (1.C1 (I.CI (I. CI HART IV (;Ta bel acimple teed by A11FICS) Lanc Elvaluailion Informatian A. Tclta l Acocs Pnirnc Anc Unique Fairmlanc E111 B. Tcitait Acneis Slatew idea Anc Local Imlpartanl Rarmiland (I.CI C. Rementage C I Farmlanc In Caunty C n llacal C ay. . Unit Ta Ele Con%ertec (LCH E12 D. Reincentagel Of Flarmla rid In Govt. Jurisdiction W th Same Or h ighen REdalivc Value 1.71 BART V (;Ta bEi acimfpter,lec by NRCS,I Land Evalualion Crileirian Ralulivel Value C1 Farmlainc 110 Be Ccenverled (Saalda of 01 ilo 'XI0 Pcinllsel EI'l a a a HART VI QTa bee cecimfllAeited by Alec erail Agar cly,l Sile Assessment Clli tenia (ITHese cnleria are wif,lair ed in 7 CFA 696111(b) Maximum Roints 'I. Aneal In Nanunban L SEI '15 15 2. Reinimelen In � anurbain Use '10 10 3. Renicenl Of Site Being Rlanmeid 30 30 4. Rraleclian Rna%idec By S1alel Anc Vocal Glavennmanll 30 a 5. Distance) Rnarn Urtan BuilluplArev '15 '15 6. Distance) -10 Urban Support Seir%Iicels '15 '15 3. Size C f Pnesenl Fawn Unit Comflarec 110 A%ElnaiglEl '10 71 EI. Cneialicin CI1 Nanilarmable Rannlland 'I(I CI f1. Availadiliiy Cf Harm SuPlglcir Eleniices 9 9 'I(I. Cn-Farm Invastmenls 3(1 210 '11. Effecs Cf Canversian C in Rarrn SuPF1ar Services 'I(I a 12. Compalibilily With Blxisling Agriaulluliad Use 'I(I CI 110TAIL SI118 ASSESSMENT ROINTS 'IED 1(171 CI a a RAR7 VII (To bel acirnglailec by FE is cm iA Agler cy,l Redadive Valuei Cf Rarmland (gram Part V) Ia0 EI11 CI a a 11oialSite AasessmenI (Rom Pan V1Mcivilonabcal site assessmerll) 11E1(I 1a] a a a 110 -IAL PCIINTS (TollaeAcif above 2 driesij .IEI(I IEIB (I a (1 SileSalecleid: Da1eC11Salecion Was A Local Site A,,Isessment Used? YEIs El No Reas an For Selection (See 1nsplruci ars an ilelversle sic ill Farm AO -1006 (10-83) 1 tis form Rias electranioally p roduaecI bbl National Production 9 ervices Stafl ALTi'PA'A FACDENR North Carolina Department of Environment and Natural Resources Office of Land and Water Stewardship Pat Mc Cory BW Gos&V Governor Dim,ror June 22, 2015 Thomas Seelinger KCI Technologies, Inc. 4601 Six Forks Road Raleigh, NC 27609 tommy.seelinger@kci.com RE: Sandy Bridge Dear Thomas Seelinger: Donald R. van der Vaart Secretary NCNHDE-402 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources from our database that have been compiled 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, or within a one -mile radius of the project boundary. Please note that the results of this query should not be substituted for site-specific surveys where suitable habitat exists. 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. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. Please also 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 also not be redistributed without permission. Thank you for your inquiry. If you have questions regarding the information provided in this letter or need additional assistance, please contact Allison Schwarz Weakley at all ison.weakley&ncdenr.gov or 919.707.8629. Sincerely, NC Natural Heritage Program Page 1 of 2 NCNHDE-402: Sandy Bridge June 22, 2015 Project Boundary 0 Buffered Project Boundary Page 2 of 2 1:24,181 4 0.2 0.4 0.8 mi 0 0.325 0.65 1.3 km ^erg s: Eve. HERE. PeLp _ T_­`2 lml p. increment p Cwp. GES, USG S. Fqp_ NPS. NRCAN. Ge Base, I GN, NadmVer NL. north c arolin a'si RUTHERFORD COUNTY A IRIDIC RT AUTHC RITY 622 AairportAload, Alr,therfordton NIC 28139 (82 8) 287-0800) Jlu1M 14, 2C11 Stephen F. Slokus, LLS KIC1 Teahnollcig.'jas IlandmaAl Center 11, Suite 220 46011 Six FoAls Road Raleigh, NC x7609 Rei: Sandy Bridga Stream and Welland Restoration Stile and Mull eirfard C ountyl Airport Dear Mn. Slokcis: Aftar reviow ofl the malciria;ls you piovidad and our July (, :1015 s:ila viis:il, Rulhclrftmd Counly Airport Auithorityl (if 1l rs 1Iha following opinion of Mout priojeicit: As slated ;in PAA Advisary Ciricullan 1'10/_` 200-331EI (Hazaridousi Wilatifei Attnactantsi on cin Near A,iipcintsi, Mold added): SEICAIGN 1. GENERAL SEPAR,�ITION CPJ71ERIA FIGR HAZE REIOUS WYLDLIFIEI AT71RAIC71ANTS ON OR NEAR AIRPORTS 1-1. 1W7Yr16D UCTION..... Tlie FAA rec ci tin e r dsi ilhei mi imimum mpanaticin criiteria ouilt ined below for land-wiei prat iliccLF that ailtrGic A hazaridciusi wildlife tic 2lhe viiein, t)I of airporitsi. Please note 21hat FAA criiter,ia includes land wits that caumi mows tient of hazaridousi whldilfw on, limb an acnossi the airporit'�i alpnoach or aepartune air6pacie on a,in openailions anea (AOA)..... TAe bassi fon the sieparaticin cnihin,ia comlainea in this 6wiction can be found iiri Eximiingl F14A regujlmilion. Me sepanailion a,isitancesi area based on (1) flight pailtenns cf p.isiton- powereid aircraft and turbine jtciwerea aircraft, (2� the alti'tuidei at nAich mosil sitrikesl happen (78 pF nci nt miciu n hr, den 1, 000 feiet vnd 90 pF rici nt oc cu ri hit, den 3, 000 filet above grciun d level), and (3I, National Transportailion Safety) Boand (N716B) rec cimmondations. i -3. AIRPORTS SERVING TLAU11NE PC WERED 1IhICRAIFT. Airports �ieiltingl Jeul A fue it ncirin ally se rviEi turbine poweined airim f I. NbtWitkitanJ ing mane %Iringeiml requirements fon �peciific iland usiesi, the FAA recomimieinds a separation disitancie of Mlemilers (f the Board M0laie,I9enfcek, Che iirmcin 9rycn Kling) Eadie Hod and, Nice Choirman Gregg Lovelace f ala n R n J 10,6100 filet at thesie airporitsi for any of the Aaaardousi niildbfe attnactanits mentioned A Secitioni I an fon new ainporil denielopmeint prcjectsi meant to acicommodatei airnnaft movement. Thisi a isitance is to he rnaiinilainea between an airport's AGA and the hazardow114ilalife atilractant...... 1-4. FROTECRIGN GF AFPRGACHI DEPA11TURE, AND CIRCLIWG AIASPACE. For all aiirporils, the FAA reeommenidsi a distances of S stailute mulles between the farithest edge of the auport's AOA and the haaardouis ndidlifei attraiatant if the attractant coidd cau: a hazardousi wildlife movement into or acriossi the all noaah or departure airspace. SEICHIC Nl2. LAND -USE PRACNCES GN GR NEI R AIRPORTS THAT PGAENTIALLIMA71TRAICT HAZARDOUS "LDLIIFIE. 2-4. WETLANDS. Wttlanasi provide a variety) of furicilions ana can bei negulateid byl local, ,itaile, and Feaenail laws. Nbnmally, wetlandsi ane attriactiiue to micinyl typesi of wildlife, iincluaing many which rank high on the list of hazardouii wiiildl,ifei speciesi (Table P. c. Mitigation for wetland impacts f inmi ciirport pro.,'eictsi. WL -bland mitiigGulion micl be neciessiary when unciucuidabk weilland distunbances neizhi from new a,inport 6cieloprneint pricjects on pro)*eictsi neiquireid to cicirireict wilidilife hazarids from wetlanwi. Wetlana mitigaticin must be aesiigpea sio .it does not crecule a wildlife llaziara. The FAA necomimieinds that weitland miitiggdon projecits thuit may atilract haaardous mu Wliifei be site d ouitsiide c f the sieparaCtins idents avid in Sections 1-� th nouigh 1-4. (3) Miiliglailion Bank'ng. Wi?tland mhligailion banking is ilhe cneation on nesuloratiion of wetiland in ordein to pnoviidc mitiigntiion criea;its that can he usiea ilo cffsieit llerimitilea wetland lossiesi. Mhligailion bank'ngl benefitsi weilland rcsourciui llyl proviiding adtiance rieplaceiment for permiJued wetland lo,�ises; comiciliaailing small projEctsi Milo kingeri, beulten-dasiigned and managed unitsi; ana eneouriaging iinilegraticin of wetland mbligation priojecils wiilh xiailerLyhed l ilariniirig. Thisi lasiil bencfit i,,i mosiil helpful fon a,irpontlroj'ectsi, as xae tlan d iiml acts mitigate d outside of the sieparati'onsi identified in Sectior,isi 1-2 through 1-4 can shill he located xuthin the siame watersiheid. Weitland mitigciilion flanks rr ietiirig ilhei separcitiion criteria offein an evoilogiically siouna alpnoach to mitigation .in these situations. AJiTarit eperatons should work with local wotersihed managlemeinil agenciiesi or cinganizatiansi to deivelc p m;itigailion bank'ng fciri we ililand iml ac ifs cin airpoiit priol eirtyl. SECTION 4. FAA NGTIFIICATIONI AND REVAEWI OF FRGPOSED LAND -USE PRACHICEl CHANGES IN IHE VlICJWITYGFPUBIIIC-ULSEAIIRPGRTS 4-i. FAA REVIEW GF FRGFOSED LAND -USE PRACTICE CHANGES )W THE VICINIITY GT I PUBLIIC-USE AIRPOP TS. a. The FAA disiaounagesi ilhe aeielopment of xaste aislcisal and others facilitieLs, a isicumed in Se a on 2, located x ith,in the S, 000/161, 0061 focal ar,iileriia spec,ifiea in Se et,ions 1-2 31 through J -4. 4-3. OTHELAI HAND -USE PRACTICE CHANIGE6. As a mailtein cf policyU tiles FAA encourages cperators cf pubilic-use airpontsi who becicimie ciwar6 of proposeid lana use procilicei chang,esi that may atilract haivinaous wilal fes wiiilhin 5 siilailute rruile of thairi a,irplontsi to pnonptilyl notify ilhe FAA....... a. Air!lants Mail hcniei reieeiveid Federal gnanil-in-Grid assiistancc. Aiirports that ha►e received Hdenal grant -in -arid ascsiistance are nequured by thein gnant aassuiraanices to take appropriate actions to nestnict the use of land next ilo or hican the airport to uses th cit are compatible m th r ormml aiirlport operations, N e F14A recommit ndsi that airport operators to the extent practiciaablei opposes off -airport land -vise changes or practicesi within the sieparaticros idents lied in Sectionis 1-2 through J-4 tlat may attract h aaandouis wiildliii c. Faiilune to do sio miay lead to n oncompliianice mitt, apllicable gnanil wsuiranciesi 71hei FAA will not apllnove the Ilacerneinil of airlant aeveublpment pnojecils peintaining ilo ainerafil rr,ciiement in the vicinity of halicinaous xilalije attractcints withciut a7priolri;iatei rruiiligat,ivei rrieiasures. Alncrieasiing ilhe iinilensiity of xiilaliife contrcil ejforils ;isi ncit a siubsitituile for elimiinatiing or rieauc,ingl a prioposeid wilalije hazand. Airponi openailomi shoula identify ha3ardous wildlife atilracilantsi and any associated wh&ife hcvara& during any lilanniing priocess fon new a,inlort a eveiilol menti no'c c it1i. Based on thea distunbanau extent disausseac in the fiald, and shown on thea navisad conceptual Site Plan provided b y MCI (9hleel 5 of /; July 3015), tho pnopased SandY1 Brk ga'lilrciam and Wletlland Rl(istorailion Sita 11111a Projecit) i;i approximately 4,000 feet south of Rlutherford Claunity Airport's Runway 11 and dircicitlyl wiilhiin itsi appnoach and daparture airspaou. Runway 1's eilcavaticin is approximal ea Y1 1,058 Mat abova mean scia level. At :i 1 s northlarn and, juist downstream caf I the eaxislinig wooden bridge 1121.1.410717 °; -811.93734F), lhlea Brajact's ellavation its approximatelly 86E fbet above mean scia level I1i.e. apprcaxirratellyl 192 ket lowar lhlan Runway 1, based on Geogl(a Barth alemation data). Thu Rluthlerfond Couinly Airrlart:aarvas turbinci-powered aincnaft and sills Jlat-A fuel. While not diiiectly pnavidiing wetland miligafon for iirr.pacits associated with thea Airport, beciausu it is funded by an NO Division of Wigatiian Sarvices Full Daliveryj conitracil, the Brojeact does offset impacts na;iullling frcam NCDCT-funded projecls. Similarly, while AC 1f10/`_1200-3313 speaifieallly aiddrussas lhea citing of wetland rastoralion projects wicid to offscit impacit:i rasulling frame airport impriomements, 1Ihea implications afllha rasullant increase of wildlifta hlaaands are 1Ihea sama. Beacauisa the Priojecit is 'loss thlan 10,000 horizontal feet from Runway 1 and less thlan 200 verlicall faet frami Rluinway 1, iTit was d:ircicitlyl associiallad with Ruthlerfond County Airport conistruation, as slated abovea in AAA AC 1f0/_`1200 -2121B, Ilei Sponsor wcau1A be rcaquiread to find analhan altearnative I1i.e. formally opposa :il,. Afteri aanversatiicans with NCDOT DliVsion of Avialion 4 Bnviiranmanlal Program stafft thea Sponiscar blas been acvised thlat, as long as thea safety ofl the fllyinig plub]ic is nol deorcaascac, project acanaurnence can b ca pnovidod. After evaluation of lhea eaalagilaal and waters quaait3i bencifits associated wiilh thle Projcacat, caor.vansalior.is with KICI, and anallypis bM 1Ihca 8ponison'si engineering and enmirionmental consultant (JWK D:iakson), thla Sponsors hareaby concurs w:ilh the piioject, provided thlat thle followinEl conditions ane agrlaed upon: 1. KCI will pvavic'o 111a Sponsors and llleairi caonsul4ant thle final priopased design plans, including monitoring well locations, upon aompllatimn. a. KCI wil] considem prcaposcad modificatians to well locations prcavidcac by the Spansor (if any) and, ifl implemoritatican of wela locaat:ion mod:ifraations are not fb;llowed, pnovicca teaahrlicall jusl ifical ion fora 1Ihis ceaaision. ?I. KC I will priomide 11.1a Spansor with) daily surfacca and grounidwatur depthl data foci all wells. Data will be pravidcac monthllM lhroughoul thle monitoring periiad. 4. If wall data ;indaaate uinacaeaptable llcavahi of sunfacea watem (o.g. % 6 :inchcas) for caxlended periiads (a.g. >110 aor.isecaulive days;, KICI will world withl thle Spansior an acaceptablo herr adial actian to decmcaasc✓eliminate risks to the flying public. 9. MCI will grant 1Ihca '.Sponsan access to the Flnajact silo thrloughcaul the monitaring pariod to cavaluate risks 1a thle flying public. 'Hhank you ftir thle apportunityl to vemieaw Mea Brajcacat. Sincero l y, Mich enfiald Chairman, Rluthemfbnd County Airport Aulhlcariily Bomid ac: Jleinriifear M. Flullcar, B.E. NCI Eivisian oflAviialior.i KCI TECHNOLOGIES August 12, 2015 ENGINEERS SCIENTISTS SURVEYORS CONSTRUCTION MANAGERS Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 (919) 783-9214 (919) 783-9266 Fax Mr. Michael Benfield, Chairman Rutherford County Airport Authority Board 622 Airport Road Rutherfordton NC 28139 Subject: Response to July 14, 2015 Letter Sandy Bridge Farm Stream and Wetland Restoration Site and Rutherford County Airport KCI Project Number: 20157877 Dear Mr. Benfield, This letter is in response to the July 14, 2015 letter from your office (attached). We appreciate the Airport Authority working with us on this project. As indicated in our field meeting held in early July, we feel that the final condition of the site will actually be better than the current condition of the site relative to concerns identified in your letter and in FAA Advisory Circular 150/5200-33B. The current condition of the site is that of active pasture containing areas of open water in the form of ditches. These ditches will be filled as part of the construction of this project reducing the prevalence of open water. The grazed pasture also may encourage waterfowl due to the limited cover for predators. The post construction condition will deter waterfowl, especially Canada geese due to the unmaintained and dense cover of vegetation that will serve to recruit predators. This cover will eventually give way to a hardwood forest community further discouraging most species of waterfowl from the property. Regarding the five conditions outlined on Page 4 of the letter, KCI agrees to concur with all of those obligations, however; we would request that we be able to work with the Airport Authority to determine when the monitoring period can be terminated based on the data that is provided over time. Since positive drainage will be provided across the site we do not believe there will be any areas where we will have >6 inches of standing water for >1 Odays unless Catheys Creek (the adjacent river) is out of bank. This type of flooding event would need to be considered an abnormal condition that our site would have no effective influence on. The monthly monitoring (Condition 3), especially during the non -growing season, will be costly to us and we would like to be able to cease monitoring when it becomes clear that there isn't going to be an impact to the operation of the airport. We assume that we will have enough data by the second year of monitoring to make that determination, however we would just appreciate an acknowledgement from the Airport Authority stating that monitoring can be discontinued based on trends in that data that support "no effect". Please feel free to contact me at (919) 278-2511, or at tim.morris@kci.com, should you have any questions or require any further information to process this request. Thank you in advance for your assistance. Sincerely, Timothy J. Morris Senior Environmental Scientist, Ecosystem Dynamics Practice Attachments Cc: Steve Stokes, KCI, Steve Garrison, Rutherford County KCI TECHNOLOGIES www.kci.com Employee -Owned Since 1988 north carolina's RUTHERFORD COUNTY AIRPORT AUTHORITY 622 Airport Road, Rutherfordton NC 28139 (828) 287-0800) September 7, 2015 Stephen F. Stokes, LLS KCI Technologies Landmark Center II, Suite 220 4601 Six Forks Road Raleigh, NC 27609 Re: Sandy Bridge Stream and Wetland Restoration Site and Rutherford County Airport Dear Mr. Stokes: After review of the materials you provided and our July 6, 2015 site visit, Rutherford County Airport Authority offers the following opinion of your project: As stated in FAA Advisory Circular 150/5200-33B (Hazardous Wildlife Attractants on or Near Airports, bold added): SECTION 1. GENERAL SEPARATION CRITERIA FOR HAZARDOUS WILDLIFE ATTRACTANTS ON OR NEAR AIRPORTS 1-1. INTRODUCTION..... The FAA recommends the minimum separation criteria outlined below for land -use practices that attract hazardous wildlife to the vicinity of airports. Please note that FAA criteria include land uses that cause movement of hazardous wildlife on, into or across the airport's approach or departure airspace or air operations area (AOA)..... The basis for the separation criteria contained in this section can be found in existing FAA regulation. The separation distances are based on (])flight patterns of piston powered aircraft and turbine powered aircraft, (2) the altitude at which most strikes happen (78 percent occur under 1,000 feet and 90 percent occur under 3,000 feet above ground level), and (3) National Transportation Safety Board (NTSB) recommendations. 1-3. AIRPORTS SERVING TURBINE POWERED AIRCRAFT. Airports selling Jet -A fuel normally serve turbine powered aircraft. Notwithstanding more stringent requirements for specific land uses, the FAA recommends a separation distance of 10,000 Members of the Board Michael Benfield, Chairman Bryan King Eddie Holland, Vice Chairman Greg Lovelace Alan Toney 2 feet at these airports for any of the hazardous wildlife attractants mentioned in Section 2 or for new airport development projects meant to accommodate aircraft movement. This distance is to be maintained between an airport's AOA and the hazardous wildlife attractant...... 1-4. PR OTECTION OFAPPROA CH, DEPARTURE, AND CIR CLING AIRSPA CE. For all airports, the FAA recommends a distance of 5 statute miles between the farthest edge of the airport's AOA and the hazardous wildlife attractant if the attractant could cause hazardous wildlife movement into or across the approach or departure airspace. SECTION 2. LAND -USE PRACTICES ON OR NEAR AIRPORTS THAT POTENTIALLY ATTRACT HAZARDOUS WILDLIFE. 2-4. WETLANDS. Wetlands provide a variety of functions and can be regulated by local, state, and Federal laws. Normally, wetlands are attractive to many types of wildlife, including many which rank high on the list of hazardous wildlife species (Table 1). c. Mitigation for wetland impacts form airport projects. Wetland mitigation may be necessary when unavoidable wetland disturbances result from new airport development projects or projects required to correct wildlife hazards from wetlands. Wetland mitigation must be designed so it does not create a wildlife hazard. The FAA recommends that wetland mitigation projects that may attract hazardous wildlife be sited outside of the separations identified in Sections 1-2 through 1-4. (3) Mitigation Banking. Wetland mitigation banking is the creation or restoration of wetland in order to provide mitigation credits that can be used to offset permitted wetland losses. Mitigation banking benefits wetland resources by providing advance replacement for permitted wetland losses; consolidating small projects into larger, better -designed and managed units; and encouraging integration of wetland mitigation projects with watershed planning. This last benefit is most helpful for airport projects, as wetland impacts mitigated outside of the separations identified in Sections 1-2 through 1-4 can still be located within the same watershed. Wetland mitigation banks meeting the separation criteria offer an ecologically sound approach to mitigation in these situations. Airport operators should work with local watershed management agencies or organizations to develop mitigation banking for wetland impacts on airport property. SECTION 4. FAA NOTIFICATION AND REVIEW OF PROPOSED LAND -USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC- USE AIRPORTS 4-1. FAA REVIEW OF PROPOSED LAND -USE PRACTICE CHANGES IN THE VICINITY OF PUBLIC -USE AIRPORTS. a. The FAA discourages the development of waste disposal and other facilities, discussed in Section 2, located within the 5, 000/10, 000 foot criteria specified in Sections 1-2 through 1-4. 3 4-3. OTHER LAND -USE PRACTICE CHANGES. As a matter of policy, the FAA encourages operators of public -use airports who become aware of proposed land use practice changes that may attract hazardous wildlife within 5 statute mile of their airports to promptly notify the FAA....... a. Airports that have received Federal grant-in-aid assistance. Airports that have received Federal grant-in-aid assistance are required by their grant assurances to take appropriate actions to restrict the use of land next to or near the airport to uses that are compatible with normal airport operations. The FAA recommends that airport operators to the extent practicable oppose off -airport land -use changes or practices within the separations identified in Sections 1-2 through 1-4 that may attract hazardous wildlife. Failure to do so may lead to noncompliance with applicable grant assurances. The FAA will not approve the placement of airport development projects pertaining to aircraft movement in the vicinity of hazardous wildlife attractants without appropriate mitigative measures. Increasing the intensity of wildlife control efforts is not a substitute for eliminating or reducing a proposed wildlife hazard. Airport operators should identify hazardous wildlife attractants and any associated wildlife hazards during any planning process for new airport development projects. Based on the disturbance extent discussed in the field, and shown on the revised conceptual Site Plan provided by KCI (Sheet 5 of /; July 2015), the proposed Sandy Bridge Stream and Wetland Restoration Site (the Project) is approximately 4,000 feet south of Rutherford County Airport's Runway 1 and directly within its approach and departure airspace. Runway 1's elevation is approximately 1,058 feet above mean sea level. At its northern end, just downstream of the existing wooden bridge (35.410717 °; -81.937343°), the Project's elevation is approximately 866 feet above mean sea level (i.e. approximately 192 feet lower than Runway 1, based on Google Earth elevation data). The Rutherford County Airport serves turbine -powered aircraft and sells Jet -A fuel. While not directly providing wetland mitigation for impacts associated with the Airport, because it is funded by an NC Division of Mitigation Services Full Delivery contract, the Project does offset impacts resulting from NCDOT-funded projects. Similarly, while AC 150/5200-33B specifically addresses the citing of wetland restoration projects used to offset impacts resulting from airport improvements, the implications of the resultant increase of wildlife hazards are the same. Because the Project is less than 10,000 horizontal feet from Runway 1 and less than 200 vertical feet from Runway 1, if it was directly associated with Rutherford County Airport construction, as stated above in FAA AC 150/5200-33B, ,the Sponsor would be required to find another alternative (i.e. formally oppose it). After conversations with NCDOT Division of Aviation Environmental Program staff, the Sponsor has been advised that, as long as the safety of the flying public is not decreased, project concurrence can be provided. 4 After evaluation of the ecological and water quality benefits associated with the Project, conversations with KCI, and analysis by the Sponsor's engineering and environmental consultant (WK Dickson), the Sponsor hereby concurs with the project, provided that the following conditions are agreed upon: 1. KCI will provide the Sponsor and their consultant the final proposed design plans, including monitoring well locations, upon completion. 2. KCI will consider proposed modifications to well locations provided by the Sponsor (if any) and, if implementation of well location modifications are not followed, provide technical justification for this decision. 3. KCI will provide the Sponsor with daily surface and groundwater depth data for all wells. Data will be provided monthly throughout the monitoring period. 4. If well data indicate unacceptable levels of surface water (e.g. > 6 inches) for extended periods (e.g. >10 consecutive days), KCI will work with the Sponsor on acceptable remedial action to decrease/eliminate risks to the flying public. 5. KCI will grant the Sponsor access to the Project site throughout the monitoring period to evaluate risks to the flying public. The Airport Sponsor agrees that, once it is confident that the Sandy Bridge Farm Stream and Wetland Restoration Site (Site) is not a wildlife attractant that would pose danger to the flying public, ongoing hydrologic monitoring of the site will no longer be necessary. The Sponsor and its environmental consultant (WK Dickson) will work with KCI to determine at what point site conditions (e.g. the combination of surface hydrology and vegetative cover) warrant this. Thank you for the opportunity to review the Project. Sincerely, Michael Benfield Chairman, Rutherford County Airport Authority Board cc: Jennifer M. Fuller, P.E. NC Division of Aviation Affidavit of Public Notice N I hirer all OPPe Irtun Ity - SElndy Brie ii Aan►nI Straldm and Wei Jane Reertoratlem AFIF IDAVIIT OF1 PUBLJICATION Pircijecl NCI STATE OF NORTH CAI9I01JINA Technolciglieis, Inc. oses to purchase RUTHERFORD COUNTM ccinse ccnseirvallcm eErsemenl rights on apiprax'mai ily 110.5 Eicres cel e x i s l i n gl f a r m l a n d in Rulheirtaiid Clounty, � C. The Bafbre th e u nidelrsigniec , a N char Au blicl of I salic C ou m y and State, c u ly sites is located .1.2 miles nark corrirrlissicineld, glualified, ani- aulbariDed by law tci administer oartbs, pelrsonally cin Rock l iac cram the intensecticn all L S 64 and L S appearec 74 A. The purpose of accluiringl the ease'ri nights is la Pam Dixc n pnuvide mitigerlion fon Impacts Io weitlancs 1Ili It have, all will, uesull Aram existing) cir fulunei whci beili frrsl dull swarm, depases avid says: 11halt thely are ccivedcipmeni in this ansa. Anyone ceisiringl Thal an inllcnircalianal Plubiic meeting Sales Rep resentathie be I eild for this plrorllosec adcin ily miliI a recluEisl by regisi(iiied leilen Io li (ii Flartneu, plub]is heu, cir oilhclr afficiuv cir erripllayere aluilhoniaelc to make this 7lecihnologliEis, Inc. al 460.1 six Rucks F aac Suite arffclatvif cif1THIH DAILYCOUMIERI, arlewsplaplerplublishec, issued and enrtelred as , 212-1, REdEiigh, INC 2716(19. Requersls secal� ty ay nt cilass mail In be tciwn of FCIPJES31 CI "OY In., aid C ciuni and Sllzi tbal lhei must tie pas-Imarked by 1It ursday, duly acre aulbclriaed tel mai affidavit zinc swicim silagemanil; )hart Ihe1 niatice or citbelr 21,11, 21(115. It ac dNiairal infonmEdian is leglal acver iselmenit, a true) ccipN of which is attached hereto, was rlulllished ini THE nequlned, please conlacl Jim ❑A IIL1f COURTIER an 1ha fallowing c ales: Mannis all 919-2178-2511. The priojeci is being cumplle1ed ton the North ClEinalinei C epaiitment at N atuiv I Resources, Div'siain A n e 213, 2 01 S of Millgaitian Sa ices iIE MSJ . DMI nesanves the riglhl to c etanmine N a pr bile m eelin g and th al s aid nelwspathl e1r ini wll ich s u c 1h nal ice, plan en, c aau marit, or leglal will be held. acvar istimert Was publisheld wei art 11he11irria of each ars elven' SUclll plublicalian, a nelwspapelr melee it g all cif toe requ iremenil s ari c cluadifieanl ian s of Seciliani 1-5917 of tl h e General Stalutles of Ncrrh Carcdina and was ai quiz ifiec newispapecr wilhin the meaning) of Suclielni 1-50 afltha Ccir eral SlartuteS cifNortib Caiialinia. Th' he 113rd daM of Jeune, 2015. AN\- ry` Pam Dixon, Sailers Mcipresenllalivel Sworn to alnc st hsaribec helfbre me 11h is llhcl 3rd day oflJunie, 2(115 "Cini() CI. B14olaryl Aub tic, NN i� MN commissicT emphies: Aehruiai 18, 3017. 59 f �