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HomeMy WebLinkAbout20191432 Ver 1_401 Application_20191022Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20191432 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Andrew Moore:eads\awmoore3 Select Reviewing Office:* Asheville Regional Office - (828) 296-4500 Submittal Type:* 401 Application Does this project require a request for payment to be sent?* r Yes r No How much is r $240.00 * owed? r $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) r Stream or Buffer Appeal New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information .......................................................................................................................................................................................................................................................................................................................................................................................... Name: Anna Priest Who is subrritting the inforrration? Email Address: anna@cwenv.com Project Information .................................................................................................................................... Project Name: Rivercane Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yes r No r Unknown County (ies) Henderson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent 1007 Rivercane PCN PJD package s.pdf 4.31VIB Only pdf or lqm files are accepted. Describe the attachments: PCN for NWPs 12 & 18 and PJD package for the Rivercane Industrial Project V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: Submittal Date: Is filled in automatically. CLearWater C1earWater Environmental Consultants, Inc. www.cwenv com October 17, 2019 David Brown Karen Higgins US Army Corps of Engineers NC DEQ, Division of Water Quality Asheville Regulatory Field Office 1617 Mail Service Center 151 Patton Avenue, Room 208 Raleigh, NC 27699-1617 Asheville, North Carolina 28801-2638 RE: Rivercane Industrial Project Nationwide Permit 12 and 18 Application Henderson County, North Carolina Dear Mr. Brown and Ms. Higgins: The attached Pre -Construction Notification (PCN) is being submitted on behalf of property owner NC Fields, LLC. The project site is located at 101 Mills Gap Road in Fletcher, North Carolina. The applicant is seeking a Nationwide Permit 12 and 18 for the development of a 276,000 square foot industrial building within the 100-year floodplain. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this application has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Byron Hamstead of the US Fish and Wildlife Service for review. A courtesy copy of this application has also been sent to Andrew Moore at the NC Division of Water Resources Asheville Regional Office. Respectfully, Anna Priest, P.W.S. Project Manager /. A�& R. Clement Riddle, P.W.S. Principal Attachments: Appendix A — Preliminary Jurisdictional Determination Request Appendix B — Threatened and Endangered Species Report Copy Furnished: NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife — Byron Hamstead NC Division of Water Resources — Andrew Moore 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel Preliminary ORM Data Entry Fields for New Actions SAW — 201 - Prepare file folder 1. Project Name [PCN Form A2a]: Rlvercane BEGIN DATE [Received Date]: Assign Action ID Number in ORM ❑ 2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose [PCN Form B3d and B3e]: The purpose of the proposed project is to construct a 276,000 square foot industrial building off of Mills Gap Road in the Hoopers Creek community. 4. Property Owner / Applicant [PCN Form A3 or A4]: NC Fields, LLC 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: 12 and 18 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 35.435913,-82.486745-1 101 Mills Gap Rd, Fletcher, NC 28732 8. Project Location -Tax Parcel ID [PCN Form B1a]: 9663-1 17-979 9. Project Location — County [PCN Form A2b]: Henderson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Fletcher 11. Project Information — Nearest Waterbody [PCN Form B2a]: Cane Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: French Broad 06010105 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 12 and 18 ❑ Regional General Permit # ❑✓ Jurisdictional Determination Request W1 Section 10 & 404 ❑ R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required ZT41ff-ToINIII b1911. 9% CLearWaLer Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Karen Higgins 512 North Salisbury Street Raleigh, North Carolina 27604 1, the current landowner/managing partner of the property identified below, hereby authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899_ CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, 1 authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record- NC FIELDS, LLC Property Owner Address: 521 NE SPANISH TRL BOCA RATON, FL 33432-4141 Phone Number: 561-465-3140 Email address: Steve@Fields-Realty.com Property Location: 101 Mills Gap d, Fletcher, NC 28732 Owner/Managing partner Signature: Owner/Managing printed name: Steve Fields, Date: 1012-111 32 Clayton Street Asheville, NC 28801 Phone: 828-698-9800 www.cwenv.com Tax Parcel Report Tuesday, October 8, 2019 Henderson County, NC REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1012291 NC FIELDS, LLC 521 NE SPANISH TRL BOCA RATON, FL 33432 101 MILLS GAP RD 003366/00570 2019-07-31 13:13:01.0 0 Cities STEELCASE INC TRP/O A BMSLD-6342 9663.00 24.83000000 $0.00 $1,055,300.00 $1,055,300.00 48 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 ''r+f3L SO P: (828) 698-5124 F:(828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9663117979 CANE CREEK IND PARK Hoopers Creek FLETCHER FLETCHER TOWN SLID 6342 FLETCHER APPLE VALLEY MIDDLE NORTH HIGH Hatboro loam Fletcher 2 None Found 117 11 Zone AE, 1 % (100 Year Floodplain),Zone X, Not Shaded (Areas outside of the floodplain),Floodway Areas in Zone AE,Zone X, Shaded, 0.2% (500 Year Floodplain) THIS IS NOT A SURVEY. All information or data provided, whether subscribed purchased or otherwise distributed whether in hard copy or digital p , p 9 media, shall be at the userM-S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Office Use Only: Corps action ID no. DWQ project no. 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 Permit 1 b. Specify Nationwide Permit (NWP) number: 12 and 18 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): ❑X 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 ❑X No 2. Project Information 2a. Name of project: Rivercane 2b. County: Henderson 2c. Nearest municipality / town: Fletcher 2d. Subdivision name: Mills Gap 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: NC Fields, LLC 3b. Deed Book and Page No. 3366/570 3c. Responsible Party (for LLC if applicable): Steve Fields 3d. Street address: 521 NE Spanish Trl 3e. City, state, zip: Boca Raton, FL 33432-4141 3f. Telephone no.: 561-465-3140 3g. Fax no.: N/A 3h. Email address: steve@fields-realty.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, Inc. 5c. Street address: 32 Clayton Street 5d. City, state, zip: Asheville, NC 28801 5e. Telephone no.: 828-698-9800 5f. Fax no.: 5g. Email address: anna@cwenv.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9663-117-979 1 b. Site coordinates (in decimal degrees): Latitude: 35.435913 Longitude:-82.486745 1 c. Property size: 24.83 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Cane Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad / HUC: 06010105 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 area is mixed -use of undeveloped forest, agricultural fields, and industrial parking. Surrounding land is in agricultural, industrial, and residential uses. 3b. List the total estimated acreage of all existing wetlands on the property: 0.924 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,322 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a 276,000 square foot industrial building off of Mills Gap Road in the Hoopers Creek community. 3e. Describe the overall project in detail, including the type of equipment to be used: The industrial development includes installation of culvert for road passage, stormwater infrastructure, and installation of a sewer and water line. 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? ❑ Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 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 ❑X Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest Yes Corps 0.012 W2 P Fill Bottomland Hardwood Forest Yes Corps 0.022 W3 P Fill Bottomland Hardwood Forest Yes Corps 0.028 W4 P Fill Bottomland Hardwood Forest Yes Corps 0.008 W5 P Fill Bottomland Hardwood Forest Yes Corps 0.02 W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.09 2h. Comments: 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. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 T Culvert S1- UT Cane Creek PER Corps 5 10 S2 P Culvert S1- UT Cane Creek PER Corps 5 130 S3 T Culvert S1- UT Cane Creek PER Corps 5 10 S4 T Utility S2- UT Cane Creek PER Corps 5 40 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 190 3i. Comments: Impact S2 will discharge approximately 14.3 cubic yards of fill below the Ordinary High Water Mark. 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 O2 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 miticlation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ 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 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The stream and wetland impacts are the minimum necessary to construct the industrial building. The proposed plan minimizes wetland impacts to 0.090 acres, while avoiding 0.834 wetland acres on the property. The plan minimizes permanent stream impacts to 130 linear feet by utilizing an existing culvert road crossing, and installing an additional culvert crossing, necessary for operations and traffic flow of the industrial facility. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures will be utilized on site to avoid/minimize impacts during construction. The site will be restored to original grade upon completion of sewer and water line installation. Proposed utility and culvert install impact work is to be completed in the dry (Figure 6.6 and 6.8). 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 buffer mitigation? ❑ Yes ❑X No 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. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (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? 41.4 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A Stormwater Management Plan will be reviewed and approved by Henderson County's Stormwater Permitting Division. Henderson County is a delegated local authority for review and approval of Stormwater Management Plans. 2e. Who will be responsible for the review of the Stormwater Management Plan? Henderson County 3. Certified Local Government Stormwater Review 3a. In which localgovernment's Jurisdiction is thisproject? Henderson County ❑X 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 El Yes ❑X 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 ❑ Yes ❑X 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 El 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 ❑ No letter.) Comments: 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, ❑Yes ❑X No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ 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 El 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. The proposed project is in an industrial, commercial, and residential developed corridor. The proposed project will not result in additional development, which could impact nearby downstream water quality. 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. Wastewater generated at the site in the future will be conveyed via sanitary sewer and treated at the local municipal wastewater treatment plant. 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 habitat? ❑ Yes © No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes ❑X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? CEC consulted the FWS's "Northem Long -Eared Bat Consultation Areas" map for Henderson County. The site is not in a watershed identified as having known occurrences of hibernation or maternity sites. It is the opinion of CEC that the project would have no effect. See Appendix B. 16. 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? South Atlantic Habitat and Ecosystems IMS, Impact will not occur in a marine system. 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 0 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? National Register of Historic Places records maintained by the NCSHPO and available on SHPO's HPOWEB GIS Service. The "R.B. Blake House" National Register Boundary (HPO Site ID: HN1096) is located +1- 1,000 feet from the project. It is the opinion of CEC the project will have no effect. 18. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? I 0 Yes ❑ No I 8b. If yes, explain how project meets FEMA requirements: The entire property is within a FEMA-designated 100-year floodplain. The applicant will comply with the Town of Fletcher floodplain ordinance. The initial Floodplain Permit was received on March 14, 2019. A second permit will be submitted at time of slab completion, before vertical construction. The final Floodplain Permit will be submitted at completion of the project. 8c. What source(s) did you use to make the floodplain determination? CEC consulted FIRM Map # 3700966300K Panel 9663 Effective 1/6/2010 (Figure 5). R. Clement Riddle Applicant/Agent's Printed Name Applicant/Agent's Signature (Agent's signature is valid only if an authorization Page 10 of 10 A//�// � Date Rivercane (+/- 25 AC) V Akan � Lake Ache ill! Regional M-aw Airport WE V B►oa�mo Y"OI Goll Lin ts .0",Y, 1;ridge Rd l' Buncombe iiendefSon 91 Box WD Legend Project Boundary Drawn by: BWY 12.27.18; CEC Project# 1007 Fletcher Project Boundaryl ;%; f 0 rr b 25, M o' 00�'�r� Cram* fi[i JJ fI IP;r N 3 0 0.5 1 2 I�r Miles Henderson County, [LQafWaL2r Site Vicinity North Carolina Figure 1 32 Clayton Street Asheville, North Carolina 28801 Rivercane (+/- 25 AC) �0 2k01? Nr *T * fs ! f ifAC�taf- _ •... TIP EtV a.� 77 %lx Project Boundary -} �' i �r �_. .fi-aiz ��• _ � + ';� ter• ., i Z. _ F • • Ir 5`y -'ptai rr�. l P.9 r } + u• f I r . r �. ff { . a Legend ' f( `0.25 4 • • Project Boundary Ir 1 t ~ USGS Topographic• Henderson County, Carolina Quad FruitlandNorth Rivercane (+/- 25 AC) Legend Project Boundary Drawn by: BWY 12.28.18; CEC Project# 1007 Henderson County, North Carolina Project Boundary K- 7 ' j . 0 100 200 400 Feet [LearMLer Aerial Photography NCCGIA (2015) 32 Clayton Street Figure 3 Asheville, North Carolina 28801 Rivercane (+/- 25 AC) Project Boundary cu co DeA Ha % / 41�4 �\ Legend. i Project Boundary Soil Co - Codorus loam Cu - Comus fine sandy loam DeA - Delanco loam 0 100 200 400 Ha - Hatboro loam Feet Drawn by: BWY 12.28.18; CEC Project# 1007 Henderson County, p CLearMLer USDA Soil Ma } North Carolina Figure 4 32 Clayton Street Asheville, North Carolina 28801 Rivercane (+/- 25 AC) Legend Project Boundary 2-ft Contours Streams 100-Year Floodplain 19; CEC r ' ct# 1007 Henderson County, North Carolina rol S D D [LearWaEer 32 Clayton Street Asheville, North Carolina 28801 C 91 woo -- �,� �B• �4fi r3136 �hlle 1 � S l ve . 4 • i � � I� r �� � ! H r� �' �� '=i J 44 _ Lj Qft �t• i, 1557 4 ` f _� =k i� 11, r er f SITE ;' reels tr 20f2 -- � f f��`�� J1 !f1.1{ 1i�'l fr' i�..\ � r �� r •Ii�. • � /1-. 1, @ 0 r AREA MAP \�tttr n iir;iii \A CARO ES _ ,iO EOM' _ C6A�n �''� WGLA ENGINEERING, PLLC Wetland & WGLA 724 5th AVENUE Mainetti - Mills Gap Road Stream Impacts HENDERSONVILLE, NC 28739 Hoopers Creek Township Figure 6.0 (828) 687-7177 Henderson County Job #: 19102 Engineering WGLA.COM North Carolina Date: 9-24-19 NC LICENSE P-1342 Scale: 1"=2000' WETLAND W4—IMPACT #4 TOTAL AREA:0.0531 AC ± IMPACTED AREA:0.0080 AC ± WETLAND W3—IMPACT #3 TOTAL AREA:0.0448 AC ± IMPACTED AREA:0.0283 AC ± WETLAND W2—IMPACT j TOTAL AREA:0.0215 ACIMPACTED AREA:0.0215 ACWETLAND W1—IMPACT #1 OTAL AREA:0.0119 ACIMPACTED AREA:0.0119 AC TEMPORARY STREAM IMPACT #3 10 LF CULVERT INSTALLATION STREAM IMPACT #2 130 LF CULVERT INSTALLATION PROPOSED GRAVITY SEWER LINE PR PO WA TE LI N EXISTING STREAM / OF / PROPOSED BUILDING TEMPORARY ''I / U TI LI I of STREAM /y IMPACT #4 / 40 LF i EXISTING WETLAND (TYP) ---� WETLAND W5—IMPACT #5 \ TOTAL AREA:0.2357 AC ± IMPACTED AREA:0.0204 AC ± TEMPORARY STREAM IMPACT #1 10 LF LEXISTING CULVERT INSTALLATION STREAM 0 EXISTING 48" RCP AT EXISTING ENTRANCE (NO IMPACT) LOCATION MAP z A CARD ES _ N. _ C6A�n �''� WGLA ENGINEERING, PLLC Wetland & WGLA 724 5th AVENUE Mainetti - Mills Gap Road Stream Impacts HENDERSONVILLE, NC 28739 Hoopers Creek Township Figure 6.1 (828) 687-7177 Henderson County Job #: 19102 Engineering WGLA.COM North Carolina Date: 9-24-19 NC LICENSE P-1342 Scale: 1"=250' WETLAND W1—IMPACT OTAL AREA:0.0119 AC IMPACTED AREA�Q119 AC ± i Guru 2 T E M 0RA Y STREAM IMPACT 3 10 LF CULVERT INSTALLATION Z�/ 7 D /I // STREAM S1—IMPACT #2 130 LF CULVERT INSTALLATI01\ O TEMPORARY STREAM IMPACT #1 10 LF CULVERT INSTALLATION F EXISTIN STREAK WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, INC 28739 (828) 687-7177 WGLA.COM NC LICENSE P-1342 PiES *40/ Er Not, gor Wetland & Mainetti - Mills Gap Road Stream Impacts Hoopers Creek Township Figure 6.2 Henderson County Job #: 19102 North Carolina Date: 9-24-19 Scale: 1"=60' WETLAND W4—I ACT #4 TOTAL 0 AREA: 5 1 AC ± IMPAC�D A:0.008P AC ± WETLAND W3—IMPACT TOTAL AREA:0 AC IMPACTED AREA: 0. 2 AC WETLAND W2—IMPACT #2 TOTAL AREA:0.0215 AC ± IMPACTED AREA:0.215 AC ± PON WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WG LA. COM NC LICENSE P-1342 CAROES _ of o r _ C��A�bn Mainetti - Mills Gap Road Hoopers Creek Township Henderson County North Carolina Wetland & Stream Impacts Figure 6.3 Job #: 19102 Date: 9-24-19 Scale: 1"=60' I STREAM S2 TEMPORARY UTILITY STREAM IMPACT # 4 4,0 LF WGLA ENGINEERING, PLLC Wetland & WGLA 724 5th AVENUE Mainetti - Mills Gap Road Stream Impacts HENDERSONVILLE, NC 28739 Hoopers Creek Township Figure 6.4 (828) 687-7177 Henderson County Job #: 19102 Engineering WGLA.COM North Carolina Date: 9-24-19 NC LICENSE P-1342 Scale: I"=60' I WETLAND W5-IMPACT #5 TOTAL AREA:0.2357 AC ± IMPACTED AREA:0.0204 AC ± CARO /// ES _ of o r _ C��A�bn WGLA ENGINEERING, PLLC Wetland & 724 5th AVENUE WGLA Mainetti - Mills Gap Road Stream Impacts HENDERSONVILLE, NC 28739 Hoopers Creek Township Figure 6.5 (828) 687-7177 Henderson County Job #: 19102 Engineering WGLA.COM North Carolina Date: 9-24-19 NC LICENSE P-1342 Scale: I"=60' STREAM PIPING CONSTRUCTION SEQUENCE 1. INSTALL PERIMETER EROSION CONTROL DEVICES AS SHOWN ON APPROVED EROSION CONTROL PLANS. 2. INSTALL IMPERMEABLE DIKES. 3. INSTALL PUMP SYSTEM. 4. INSTALL PROPOSED STORMWATER PIPE. 5. REMOVE IMPERMEABLE DIKES & PUMP SYSTEM. STREAM FLOW ow IMPERMEABLE DIKE 20 1111 a PUMP PROPOSED 60" HDPE STORMWATER PIPE PROPOSED CONCRETE HEADWALL STREAM PIPING PLAN VIEW N.T.S. WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, INC 28739 (828) 687-7177 WG LA. COM INC LICENSE P-1342 STREAM FLOW ow IMPERMEABLE DIKE PROPOSED CONCRETE HEADWALL CARO P*-ES 1 NofEr or C��A�bn Mainetti - Mills Gap Road Hoopers Creek Township Henderson County North Carolina Wetland & Stream Impacts Figure 6.6 Job #: 19102 Date: 9-24-19 Scale: 1"=60' PROPOSED ASPHALT DRIVE WITH CURB PROPOSED CONCRETE ENDWAL 60" HDPE CULVER PROPOSED 60" HDPE BURIED 12" MINIMUM BELOW STREAM BED 60" CULVERT CROSS-SECTION N.T.S. P� 1 M 111= _. PROPOSED CONCRETE HEADWALLS BED IMPERMEABLE DIKE DURING CONSTRUCTION PROPOSED 22' ASPHALT DRIVE WITH CURB EACH SIDE IMPERMEABLE DIKE PROPOSED 130 LF OF 60" HDPE DURING CONSTRUCTION CULVERT BURIED 12" MINIMUM BELOW STREAM BED —MATCH EXISTING GRADIENT CARS` 60" CULVERT P � 1 CROSS-SECTION _ IIOjEO" N.T.S. C��A�bn WGLA ENGINEERING, PLLC Wetland & WGLA 724 5th AVENUE Mainetti - Mills Gap Road Stream Impacts HENDERSONVILLE, NC 28739 Hoopers Creek Township Figure 6.7 (828) 687-7177 Henderson County Job #: 19102 Engineering WGLA.COM North Carolina Date: 9-24-19 INC LICENSE P-1342 Scale: I"=60' NATURAL GROUND MMP. IIr CMP FOR STREAM FLOW B" OF J57 WASHED STONE 2 I � EXCAVATED ATERIAL FILTER FABRIC WIDTH VA ES CLASS B RIPRAP (REMOVE AFTER CONSTRUCTION OR REUSE FOR STREAM BANK STABILIZATION) SECTION B—B NOTE ALL DIRGE FROM DEWATERING TW WORK AREA SMALL BE PUMPED TO ETTHER A TEMPORARY SEDIMENT TWP OR DEWATERING SILT SAG PER DETAILS 4' MIN. 2- t1 SECTION A —A TEMP_ 18' GMP FOR STREAM FLOW rSANDBAGS BED PROPOSED WATER OR SEWER LINE NOTE- STABILIZE STREAM BANK PER DETAIL AFTER PIPE INSTALLATION rn V Of 07 WASHED STONE WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WG LA. COM NC LICENSE P-1342 F A in N NATURAL GROUND -'-,_ EXTEND FILLER FABRIC 12' INTO CHANNEL SANK CLASS B RIPRAP (18" MINIMUM THICKNESS) FILTER FABRIC BLANKET (MIRAPI 14ON OR APPROWD EQUAL) TOP STREAK BANK ,,SANDBAGS TEMP. 18' CMP FOR STREAM FLOW PROPOSED WATER OR SEWER LINE —RIPRAP DAM A \\\\° CAR01111 a PLAN _ 141CAErot _ Cfi�A�bn Mainetti - Mills Gap Road Hoopers Creek Township Henderson County North Carolina Wetland & Stream Impacts Figure 6.8 Job #: 19102 Date: 9-24-19 Scale: NTS NOTES: 1.) MATTING SHALL BE COIR FIBER, 750 GRAM PER SO. METER WITH NOMINAL 0.50 IN. OPENING SIZE. 2.) SEEDING FOR RIPARIAN AREAS SHALL COMPLY WITH SECTION 6.24 OF THE NC EROSION AND SEDIMENTATION CONTROL MANUAL. SEE CHART BELOW FOR TEMPORARY SEEDING. PERMANENT SEED MIX WILL BE RECOMMENDED BY THE INSTALLER AND REVIEWED FOR COMPLIANCE BY THE ENGINEER. 3.) BACKFILL STREAMBED WITH +/— 6" OF NATURAL STREAM SUBSTRATE. ANCHOR MATTING \ IN 8" TRENCH 1' MIN. --' MATTING PLACED FLUSH WITH BANK SURFACE, LAP OVER DOWNSTREAM/DOWN SLOPE SEAMS NOTE: MATTING SHALL BE COIR FIBER, 750 GRAM PER SQ. METER WITH NOMINAL 0.50 IN. OPENING SIZE. SMOOTH SURFACE, REMOVE ALL DEBRIS AND SEED/MULCH BEFORE PLACING MATTING MATTING ANCHORED 1' BELOW STREAM OR WETLAND BED STREAM CROSSING DETAIL NOT TO SCALE Temporary Seeding Recommendations Common Name Scientific Name Rye grain Wheat German millet Browntop millet Secale cereale Triticum aestivum Setaria italica Urochloa ramosa Rate per Acre 30 Ibs 30 Ibs 10 Ibs 10 Ibs 12" WOOD STAKE PLACED IN 3' O.C. DIAMOND PATTERN IEXTEND MATTING A MIN. OF 2' MIN 6" BELOW WETLAND BED. PROPOSED UTILITY PIPE LINE Mountains Aug. 15 - May 15 Aug. 15 - May 15 May 15 - Aug. 15 May 15 - Aug. 15 WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WG LA. COM NC LICENSE P-1342 CARO ES NofEr or C��A�bn L. DERV Mainetti - Mills Gap Road Hoopers Creek Township Henderson County North Carolina Wetland & Stream Impacts Figure 6.9 Job #: 19102 Date: 9-24-19 Scale: NTS Appendix A Preliminary Jurisdictional Determination Request Jurisdictional Determination Request US Army Corps of Engineers Wilmington DHStrict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/Regulato!3 PermitProgram/Contact/CouniyLocator.aVx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, S, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 El C. Jurisdictional Determination Request PARCEL INFORMATION Street Address: 101 Mills Gap Rd City, State: Fletcher, NC County: Henderson County Parcel Index Number(s) (PIN): 9663-117-979 REQUESTOR INFORMATION Name: ClearWater Environmental Consultants Mailing Address: 32 Clayton Street Asheville, NC 28801 Telephone Number: 828-698-9800 Electronic Mail Address: anna@cwenv.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. PROPERTY OWNER INFORMATION Name: NC Fields, LLC Mailing Address: 521 N E Spanish Trl Boca Raton, FL 33432-4141 Telephone Number: 561-465-3140 Electronic Mail Address: steve@fields-realty.com ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: ❑ Owner ❑✓ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) PigI intend to construct/develop a project or perform activities on this parcel which would be ned to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the • , review area. ✓� Size of Property or Review Area 24.83 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS 0 Project Coordinates (Decimal Degrees): Latitude: 35.435913 Longitude:-82.486745 zA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Turisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request 0 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • NlDs, please complete an Approved Jurisdictional Determination Form' 0 Vicinity Map 0 Aerial Photograph 0 USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCWAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms FJ Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/1D/RGL 08-02 App A Prelim .1D Form fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/lurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD) , which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 1 - REQUEST FOR CORPS JURISDICTIONAL DETERMINATION [JD) To: District Name Here I am requesting a JD on property located at: 101 Mills cap Rd (Street Address) City/Township/Parish: Fletcher County: Henderson State: NC Acreage of Parcel/Review Area for JD: 24.83 Section: Township. Mills River Range: Latitude (decimal degrees): 35.435913 Longitude (decimal degrees): -82.486745 (For linear projects, please include the center point of the proposed alignment.) • Please attach a survey/plat map and vicinity map identifying location and review area for the JD. • �I currently own this property. _ I plan to purchase this property. I am an agent/consultant acting on behalf of the requestor. (]Other (please explain): • Reason for request: (check as many as applicable) Q I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. = I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. QI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional �a uatic resources and as an initial step in a future permitting process. 1J I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. = I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. EZJA Corps JD is required in order to obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that urisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. 0 Other: r Type of determination being requested: D I am requesting an approved JD. 0✓ I am requesting a preliminary JD. I am requesting a "no permit required" letter as I believe my proposed activity is not regulated. I am unclear as to which JD 1 would like to request and require additional information to inform my decision. By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property rights to request JD on th subject property. `Signature: it: Date: 10i15i2019 • Typed or printed name: Anna Priest Company name: ClearWater Environmental Consultants, Inc. Address: 32 Clayton St Asheville, NC 28801 Daytime phone no.: 828-69&9800 Email address: anAa@cwenvcom `Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332. Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be Included in the approved jurisdictional determination (AJD), which will be made available to the public on the DlstricPs website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be Issued. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: October 15, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Henderson city: Fletcher Center coordinates of site (lat/long in degree decimal format): Lat.: 35.435913 Long.:-82.486745 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Cane Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): 1/16/19 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) See Attached See Attached See Attached See Attached See Attached See Attached 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Vicinity, USGS Topographic, Aerial, USDA Soil and StreamMetland Delineation Maps ■❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: . ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1:24K1 Fruitland Quad ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑■ Aerial (Name & Date): NCCGIA 2015 or ❑ Other (Name & Date): ❑■ Previous determination(s). File no. and date of response letter: ❑■ Other information (please specify): Property Ownership Information IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later iurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Potentially Jurisdictional Water Site Number Latitude Longitude Estimated Amount of Aquatic Resource in Review Area Type of Aquatic Resource Geographic Authority to Which the Aquatic Resource "may be" Subject (404 or 10/404) W1 35.435655 -82.488708 0.012 Wetland 404 W2 35.436094 -82.487772 0.022 Wetland 404 W3 35.436501 -82.487371 0.045 Wetland 404 W4 35.436897 -82.487066 0.053 Wetland 404 W5 35.434814 -82.486483 0.236 Wetland 404 W6 35.437964 -82.485372 0.022 Wetland 404 W7 35.435349 -82.485883 0.434 Wetland 404 W8 35.436312 -82.485373 0.036 Wetland 404 W9 35.436300 -82.484807 0.064 Wetland 404 Wetland Total: 0.924 AC S1 35.434402 -82.486765 693 Perennial Stream 404 S2 35.437267 -82.483969 629 Perennial Stream 404 Stream Total: 1,322 LF Rivercane (+/- 25 AC) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Topo - Henderson County Project Boundary - Henderson County GIs P Project Boundary rA t 0 e T rd e Potentially Jurisdictional Water ! � w ws Wetland (AC) Non- Wetland (I F) \ '\ W 1 0.012 S 1 693 r W 2 0.022 S2 629 0 150 300 600 a W 3 0.045 Feet W4 0.053 Legend 9 . �► _ .. W5 0.236 W 6 0.022 Project Boundary W 7 0.434 Existing Culvert 'A8 0.036 Potential Wetland Waters of the US 1A19 0.064 w Potential Non -Wetland Waters of the US Total 0.924 Total 1,322 Drawn by: AKT 10.16.2019; CEC Project# 1007 r. . [LearWaker Stream and Wetland Henderson County, Delineation Map North Carolina Delineated January 16, 2019 32 Clayton Street Asheville, North Carolina 28801 Figure 7 WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region Project/Site: 1007/Mills Gap Industrial Park City/County: Henderson Sampling Date: 1/16/2019 Applicant/Owner: State: NC Sampling Point: W2 Investigator(s): KAY, BWY Section, Township, Range: Landform (hillside, terrace, etc.): Flood plain/Depression Local relief (concave, convex, none): Concave Slope (%): <1% Subregion (LRR or MLRA): LRR N Lat: 35.436082 Long:-82.487768 Datum: NAD83 Soil Map Unit Name: Cu - Comus fine sandy loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (B6) X Surface Water (Al) _True Aquatic Plants (B14) X Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) X Drainage Patterns (B10) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) X Moss Trim Lines (B16) —Water Marks (B1) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (B2) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (B3) —Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (B5) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) —Shallow Aquitard (D3) X Water -Stained Leaves (B9) Microtopographic Relief (D4) Aquatic Fauna (B13) _ X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 1 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W2 Tree Stratum (Plot size: 30 ) 1. Betula nigra 2. Fraxinus pennsylvanica 3. Acer rubrum 4. 5. 6. 7. 50% of total cover: 9 Sapling/Shrub Stratum (Plot size: 15 ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover Herb Stratum (Plot size: 5 ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 50% of total cover: Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. Absolute Dominant Indicato % Cover Species? Status 10 Yes FACW 5 Yes FACW 2 No FAC 17 =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: 20% of total cover: =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: 4 OBL species 0 x 1= 0 FACW species 15 x 2 = 30 FAC species 2 x 3 = 6 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 17 (A) 36 (B) Prevalence Index = B/A = 2.12 _ 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is s3.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: W2 Tree Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover: Sapling Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 50% of total cover: _ Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. % Cover Species? Status I Dominance Test worksheet: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% -3 - Prevalence Index is <-3.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody Plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody Vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LocZ Texture Remarks 0-12 10YR 4/1 90 10YR 5/6 10 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (A16) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (Al 2) X Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region Project/Site: 1007/Mills Gap Industrial Park City/County: Henderson Sampling Date: 1/16/2019 Applicant/Owner: State: NC Sampling Point: W3 Investigator(s): KAY, BWY Section, Township, Range: Landform (hillside, terrace, etc.): Flood plain/Depression Local relief (concave, convex, none): Concave Slope (%): <1% Subregion (LRR or MLRA): LRR N Lat: 35.436525 Long: 35.436525 Datum: NAD83 Soil Map Unit Name: Cu - Comus fine sandy loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (B6) X Surface Water (Al) _True Aquatic Plants (B14) _ Sparsely Vegetated Concave Surface (B8) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) X Drainage Patterns (B10) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (B1) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (B2) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (B3) —Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (B5) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) —Shallow Aquitard (D3) X Water -Stained Leaves (B9) Microtopographic Relief (D4) Aquatic Fauna (B13) _ X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 2 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 1 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W3 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Betula nigra 15 Yes FACW Number of Dominant Species 2. Fraxinus pennsylvanica 5 No FACW That Are OBL, FACW, or FAC: 2 (A) 3. Acerrubrum 5 No FAC Total Number of Dominant 4. Platanus occidentalis 1 No FACW Species Across All Strata: 4 (B) 5 Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 50.0% (A/B) 7. Prevalence Index worksheet: 26 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 13 20% of total cover: 6 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 35 x 2 = 70 1. Fraxinus pennsylvanica 5 Yes FACW FAC species 7 x 3 = 21 2. Ligustrum sinense 5 Yes FACU FACU species 5 x 4 = 20 3. Quercus nigra 2 No FAC UPL species 0 x 5 = 0 4. Column Totals: 47 (A) ill (B) 5. Prevalence Index = B/A = 2.36 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. _ 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <-3.0' 12 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 6 20% of total cover: 3 _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Carexsp. 20 Yes 'Indicators of hydric soil and wetland hydrology must be 2. Osmundastrum cinnamomeum 5 No FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Juncus effusus 2 No FACW 4. Arundinaria gigantea 2 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 29 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 15 20% of total cover: 6 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: W3 Tree Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover: Sapling Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 50% of total cover: _ Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. % Cover Species? Status I Dominance Test worksheet: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% -3 - Prevalence Index is <-3.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody Plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody Vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LocZ Texture Remarks 0-12 10YR 4/1 80 10YR 5/6 20 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (A16) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (Al 2) X Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region Project/Site: 1007/Mills Gap Industrial Park City/County: Henderson Sampling Date: 1/16/2019 Applicant/Owner: State: NC Sampling Point: W7 Investigator(s): KAY, BWY Section, Township, Range: Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): Flat/Concave Slope (%): <1% Subregion (LRR or MLRA): LRR N Lat: 35.435736 Long:-82.485572 Datum: NAD83 Soil Map Unit Name: Ha - Hatboro loam NWI classification: Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required; check all that apply) _ Surface Soil Cracks (B6) X Surface Water (Al) _True Aquatic Plants (B14) _ Sparsely Vegetated Concave Surface (B8) X High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) X Drainage Patterns (B10) X Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) —Water Marks (B1) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (B2) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (B3) —Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (B4) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (B5) _ Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) —Shallow Aquitard (D3) X Water -Stained Leaves (B9) Microtopographic Relief (D4) Aquatic Fauna (B13) _ X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 3 Water Table Present? Yes X No Depth (inches): 8 Saturation Present? Yes X No Depth (inches): 1 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W7 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Betula nigra 25 Yes FACW Number of Dominant Species 2. Fraxinus pennsylvanica 20 Yes FACW That Are OBL, FACW, or FAC: 4 (A) 3. Acerrubrum 5 No FAC Total Number of Dominant 4. Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 66.7% (A/B) 7. Prevalence Index worksheet: 50 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 25 20% of total cover: 10 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 90 x 2 = 180 1. Fraxinus pennsylvanica 10 Yes FACW FAC species 7 x 3 = 21 2. Ligustrum sinense 10 Yes FACU FACU species 10 x 4 = 40 3. Corns amomum 5 No FACW UPL species 0 x 5 = 0 4. Quercus nigra 2 No FAC Column Totals: 107 (A) 241 (B) 5. Prevalence Index = B/A = 2.25 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is <-3.0' 27 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 14 20% of total cover: 6 _ data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Arundinaria gigantea 30 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex sp. 25 Yes present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Smilax sp. 10 No 4• Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7• Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 65 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 33 20% of total cover: 13 height. Woody Vine Stratum (Plot size: 30 ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point: W7 Tree Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover: Sapling Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 50% of total cover Herb Stratum (Plot size: ) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11 50% of total cover: _ Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. % Cover Species? Status I Dominance Test worksheet: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: _ =Total Cover 20% of total cover: =Total Cover 50% of total cover: 20% of total cover: Remarks: (Include photo numbers here or on a separate sheet.) Number of Dominant Species That Are OBL, FACW, or FAC: (A) Total Number of Dominant Species Across All Strata: (B) Percent of Dominant Species That Are OBL, FACW, or FAC: (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species x 1 = FACW species x 2 = FAC species x 3 = FACU species x 4 = UPL species x 5 = Column Totals: (A) (B) Prevalence Index = B/A = Hydrophytic Vegetation Indicators: _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% -3 - Prevalence Index is <-3.0' _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH) Sapling - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody Plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody Vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W7 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' LocZ Texture Remarks 0-12 10YR 4/2 90 10YR 5/6 10 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) —Thin Dark Surface (S9) (MLRA 147, 148) —Coast Prairie Redox (A16) _ Black Histic (A3) _ Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) —Piedmont Floodplain Soils (F19) —Stratified Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (F21) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) —Thick Dark Surface (Al 2) X Redox Depressions (F8) —Very Shallow Dark Surface (F22) —Sandy Mucky Mineral (S1) _ Iron -Manganese Masses (F12) (LRR N, —Other (Explain in Remarks) —Sandy Gleyed Matrix (S4) MLRA 136) —Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 3Indicators of hydrophytic vegetation and _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7) Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Appendix B Threatened and Endangered Species Report Rivercane (+/- 25 Acres) Henderson County Current Federally Listed Threatened and Endangered Species Common Name Scientific Name Status Bog turtle Glyptemys muhlenbergii T (S/A)* Bunched arrowhead Sagittaria fasciculata Endangered Mountain sweet pitcherplant Sarracenia rubra ssp. jonesii Endangered White fringeless orchid Platanthera integrilabia Threatened** Appalachian elktoe Alasmidonta raveneliana Endangered Northern long-eared bat Myotis septentrionalis Threatened Rusty -patched bumble bee Bombus affinis Endangered** Swamp pink Helonia bullata Threatened Gray bat Myotis grisescens Endangered Carolina northern flying squirrel Glaucomys sabrinus coloratus Endangered Small whorled pogonia Isotria medeoloides Threatened Bunched arrowhead Sagittaria fasciculata Endangered White irisette Sisyrinchium dichotomum Endangered *T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. **Historic record status. Clearwater Environmental Consultants (CEC) visited the Rivercane Property on Mills Gap Road on 1/16/19 and 10/4/19. Due to the associated proposed impacts, CEC specifically reviewed wetlands W 1, W2, W3, W4 and W6 for the presence of federally listed threatened or endangered species and their habitat. During the time of the site visits, no federally listed threatened or endangered species nor their habitat were identified. The site was previously part of an industrial complex that has seen various levels of disturbance in the past including, but not limited to clearing, grading, ditching and modifications to the natural hydrology of the site. The upland portions of the site are currently under construction. The current hydrology for the proposed impact areas appears to be of a seasonal nature and primarily sourced from precipitation and surface water runoff. During the October site visit the proposed impact areas had no visible surface water or saturation. Dominant tree species observed in the wetlands include black willow (Salix nigra), red maple (Acer rubrum), and box elder (Acer negundo). Shrub species observed include Chinese privet (Ligustrum sinense), box elder, red maple, and green ash (Fraxinus pennsylvanica). Species in the herbaceous stratum included smart weed (Polygonum sp.), common rush (Juncus effusus) and multiple sedges (carex sp.). CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Henderson County and the Natural Heritage Program GIS data. It is the opinion of CEC, that none of the species listed above exist within the proposed impact area. ��- �- tip" _ .>.r ..fir•' s.•" - ' Photo 1: View of wetland W 1 facing west. 2 Photo 2: View of wetland W2 facing northeast. Photo 3: View of wetland W4 facing north. 41, U.S. Fish & Wildlife Service 3 1 Northern Long -Eared Bat Consultation Areas Henderson County �a +�0 Buncombe Co. - -Royal Pines___ .FIF-trlt=r .Mountain Home Pinehurst Henderson Co. E towah *Hendersonville +11 0 -• r Project Site East Flat Rock r� Tr:' uivy r Canty Flat Rvik- Polk Co. cirri r -T,rransylvania Co. _- v 1152m yr+�' ,'270 North Carolina County Boundary Watersheds with Known NLEB Maternity Trees or Hibernation Sites If your project falls within the red areas identified in Henderson County, please 0 5 Miles contact the USFWS I r I USFWS Ecological Services F-7-1 Asheville, North Carolina Asheville Field Office. 0 0 5Kilometers Map Date: 2/3/2016 a ■■N Roy Cooper. Governor 00 i NC DEPARTMENT OF Susi Hamilton, Secretary notan NATUPAL AND CULTURAL RESOURCES E sow Walter Clark, Director, Land and Water Stewardship NCNH DE-10407 October 8, 2019 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 32 Clayton Street Asheville, NC 28801 RE. Mills Gap Road Project, 1007 Dear ClearWater Environmental Consultants, Inc.: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerLncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JONES STREET, PALE01_ P<_ 27603 - 16S1 MAIL SERVICE CENTER. RALEiGH. NC 276" OFC !J19 707.9120 • FAX 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Mills Gap Road Project Project No. 1007 October 8, 2019 NCNHDE-10407 Element Occurrences Documented Within Project Area Taxonomic EO ID Scientific Name Common Name lement Accuracy Federal State Global State Group Observatio Occurrence Status tatus Rank Rank Date Rank Freshwater Fish5893 Erimystax insignis Blotched Chub 2014-04-10 E 3-Medium --- Significantly G4 S2 Rare No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area Managed Area Name er Type Town of Fletcher Open Space Town of Fletcher Local Government NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/content/heir). Data query generated on October 8, 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Mills Gap Road Project Project No. 1007 October 8, 2019 NCNHDE-10407 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank M i Bird 5035 Vireo gilvus Warbling Vireo 2002-06-21 E 3-Medium --- Significantly G5 S2B Rare Crustacean 32836 Cambarus reburrus French Broad River 1997-09-16 E 3-Medium --- Significantly G3 S2 Crayfish Rare Dragonfly or 33442 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very --- Significantly G5 S1S2 Damselfly Low Rare Dragonfly or 33444 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very --- Significantly G5 S1S2 Damselfly Low Rare Freshwater 9078 Strophitus undulatus Creeper 2013-09-17 E 3-Medium --- Threatened G5 S3 Bivalve Freshwater Fish5893 Erimystax insignis Blotched Chub 2014-04-10 E 3-Medium --- Significantly G4 S2 Rare Freshwater Fish38076 Ichthyomyzon Ohio Lamprey 2017-07-11 E 3-Medium --- Special G3G4 S1 bdellium Concern Reptile 12809 Apalone spinifera Eastern Spiny Softshell 1947-06-24 H 3-Medium --- Special G5T5 S1 spinifera Concern Vascular Plant 25168 Dendrolycopodium Prickly Ground -pine 1949-Pre H 5-Very --- Significantly G5 S2 dendroideum Low Rare Peripheral No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name wner Owner Type Carolina Mountain Land Conservancy Easement Carolina Mountain Land Conservancy Private Town of Fletcher Open Space Town of Fletcher Local Government NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund Page 3 of 5 Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner wner Type NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State Fund Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/content/helr). Data query generated on October 8, 2019; source: NCNHP, Q3 Jul 2019. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-10407: Mills Gap Road Project y Ln Oak Park WAIson Rd i FA4°�gpd 9r �' r' PINeIev L'i -- n _ _ _ _ _ _ _ _ _ _ _ _ _ tls 273 _ _. _ _ - - - - _ _ Wf yP4r R J kbnw, no - .. �av 11 �nRer Cr 8 � geforb 0 oy ••�b4„6 p� Fletcher Hoopes Creak "e of r ` � � �f'o� ny �a -•'E $ e Sa �' �' rr � � v�essryz �� rrw sr f s •' Fann'q Brdq Rd � i1 - CN'�p � 4 GirWy$ a4neary Cre�4 �, Gaon Ha i +esl Df Dr., N y" -n' W E � � C October 8, 2019 ❑ Project Boundary ❑ Buffered Project Boundary j Managed Area (MARBA) 1:23,082 0 0.2 0.4 0.8 mi 0 0-3 0-6 12 km Sources: Esri, HERE, Garmin. Iniannap, ioc—ant P Corp., GEWO, USGS. FAO, ap Np$. NRCAN, G-. IG N, Nadae[er NL, Ordnance Survey, E swi .Japan. MEf,. 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