HomeMy WebLinkAbout20191530 Ver 1_401 Application_20191107Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#*
20191530
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* AmyAnnino:eads\amannino
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: Tyson Kurtz
Who is subrritting the inforrration?
Email Address: tyson@cwenv.com
Project Information
.....................................................................................................................................
Project Name: Peterkin Tract
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)
Jackson
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
PCN Package - Peterkin Tract 11.4.2019.pdf 11.86MB
Only pdf or Igrz files are accepted.
Describe the attachments:
Combined PCN and PJD Package for a NWP 29 and 401 certification.
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: 11/5/2019
Is filled in autor atically.
CLearWater
C1earWater Environmental Consultants, Inc.
www.cwenv com
November 4, 2019
Mr. David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Peterkin Tract (+/- 0.6 Acres)
Pre -Construction Notification &
Preliminary Jurisdictional Determination
Jackson County, North Carolina
Mr. Brown and Ms. Higgins,
The attached Pre -Construction Notification (PCN) request is being submitted on behalf of
Brien Peterkin. The project site is bounded by Jackson County parcel number 7571-49-
3773. The project site is +/- 0.6 acres and located at 170 Valley Road, Cashiers, in
Jackson County, North Carolina. The applicant is seeking a Nationwide Permit 29 for
residential single-family home.
A Preliminary Jurisdictional Determination (PJD) request is also being submitting with
this PCN application (Attachment A).
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding
the attached PCN, PJD, and supplemental information. A copy of this application has
been sent via email to Amy Annino at NC Division of Water Quality and Byron
Hamstead of the US Fish and Wildlife Service, Asheville Regional Office.
Sincerely,
Tyson Kurtz
Biologist
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
R. Clement Riddle, P.W.S.
Principal
Copy Furnished:
NC Division of Water Quality, Asheville — Amy Annino
US Fish and Wildlife Service — Byron Hamstead
Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW -
Prepare file folder ❑
1. Project Name [PCN Form A2a]: Peterkin Tract
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: VPrivate ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
+/- 0.6 Acre tract of land planned for private development.
4. Property Owner / Applicant [PCN Form A3 or A4]: Brien Peterkin
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
ClearWater Environmental Consultants, Inc.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
The project site is +/- 0.6 acres located at 170 Valley Road, Cashiers, in Jackson County, North
Carolina. (35.108794,-83.099071)
8. Project Location — Tax Parcel ID [PCN Form Bla]: See Attached Parcel Information
9. Project Location —County [PCN Form A2b]: Jackson
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Cashiers
11. Project Information — Nearest Waterbody [PCN Form 132a]: Cashiers Lake
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: Savannah / 03060102
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 429
Regional General Permit 4
L✓J Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
CLear\A/aLer
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
I, the current landowner/managing partner of the property identified below, hereby authorize
ClearWater 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, I 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: /�'"/�/l
Property Owner Address: P)l .�/Z /
Phone Number: ��g — Z/ - 2b -3&
Email address: Xbe- A/4z-/- & a- e-1; 49/n--
Property Location: Za �'au 1,416,ts
Owner/Managing partner Signature: � I
Owner/Managing printed name: '&'-lG'n ;
Date: (-) — Z6 /
32 Clayton Sheet
Asheville, NC 28801
Phone:828-698-9800
www.cwenv.com
Parcel Report
Property Report for 7571-49-3773
9/20/2019
AL
,Y r
A�t
r
'�'. '
I ,
kw
Ilk d0F
'°'WARNING: THIS Is NOTASURVEYI'This
map is prepared for inventory of real property
CON -
,� }Within Jackson County. It is compiled from
k Centerlines recorded deeds. plats. and public data
records. Users of this map are hereby notified
I., - that the aforementioned public information
ry'' 70 sources should be consulted forverification.
Parcels
CAC+� Feet Jackson County or anv County representative
assumes no legal responsibilityforthe
contents of this map.
Parcel Information
Ownership Information
Tax/Value Information
Parcel ID: 7571-49-3773
Owner Name #1: PETERKIN, BRIEN B
Fire District: CASHIERS 5 MI
Parcel Address: 170 VALLEY RD
Owner Name #2: PETERKIN, SALLIE O
Building Value: $150,940
Neighborhood Name: CASHIERS
Mailing Address 1: PO BOX 3169
Land Value: $302,940
COMMERCIAL
Mailing Address 2: None
Assessed Total Value: $453,880
Property Description: LT 3-6 CASHIERS
City/State/Zip: CASHIERS NC 28717
LAKE
Owner Account: 22793
Sale Date: 2019-07-30
Sale Price: $450,000
Zoning Information
Plat Reference: 23/315
Transferring Reference: 2243/1244
Zoning District: Cashiers Commercial
Township: CASHIERS
General
Assessed Acres: 0.6800
Zoning Area: Cashiers Commercial District
Jurisdiction: County
https://gis.jacksonnc.org/reports/7571-49-3773.html 1 /1
O '1411::� ^Y
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: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1d.
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 In
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:
Peterkin Tract
2b.
County:
Jackson
2c.
Nearest municipality / town:
Cashiers
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Peterkin, Brien B
3b.
Deed Book and Page No.
2243/1244
3c.
Responsible Party (for LLC if
applicable):
3d.
Street address:
170 Valley Road
3e.
City, state, zip:
Cashiers, North Carolina
3f.
Telephone no.:
3g.
Fax no.:
3h.
Email address:
bpeterkin@aol.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:
Tyson Kurtz
5b.
Business name
(if applicable):
ClearWater Environmental Consultants, Inc.
5c.
Street address:
32 Clayton Street
5d.
City, state, zip:
Asheville, NC 28806
5e.
Telephone no.:
828-698-9800
5f.
Fax no.:
5g.
Email address:
tyson@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):
7571-49-3773
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.108794 Longitude:-83.099071
1 c.
Property size:
0.68 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Cashiers Lake
2b.
Water Quality Classification of nearest receiving water:
B; Tr, ORW
2c.
River basin:
Savannah
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 parcel lies in the Cashiers Commercial District Zoning Area. This urban site contains a large barn that is in the process of being converted into a
private residence. General land use in the local vicinity is a mix of small commercial facilities and private residencies.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.122
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 0
3d. Explain the purpose of the proposed project:
The purpose of the project is to create a stable slope along the west side of the building to allow for easier access,
maintenance, and usage of the building.
3e. Describe the overall project in detail, including the type of equipment to be used:
Clean fill will be placed in the wetland to create a level surface for access along the west side of the house.
Typical construction equipment will be used i.e. backhoe
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: A PJD is being submitted concurrent) with this PCN.
g y
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: Clearwater Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A PJD is being submitted concurrently with this PCN. See Attachment A.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes 0 No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes 0 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 ❑ 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
Non -Tidal Freshwater Marsh
No
Corps
0.022
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.022
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
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
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 mitigation, 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
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Fill is only proposed adjacent to the building where a stable slope is needed. The extent of the fill line is based on providing efficient access for
maintenance and general usage around the west side of the building while tying into the existing curvature of the upland/wetland boundary. The
applicant is avoiding 0.100 acres or 82% of wetlands on the property.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The proposed permanent impact is for fill with no other temporary impacts. Clean fill that is free of free of debris will be placed in the wetland from
existing uplands. Proper erosion and sediment control measures will be installed before placing fill to avoid impacting adjacent wetland area and will
remain in place until the fill area has is stabilized. All work will be done from high ground.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
Project not within NC Riparian Buffer protected watersheds.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
No
new impervious areas are being added.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Jackson County
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑X Other: ORW Watershed
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes 0 No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑X ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X 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
❑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
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project is on a small (0.62 acre) parcel that is owned by a private individual with the intentions of creating a personal residence. 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.
Project is for a singular building that will be used for residential use.
Wastewater
will be connected to the local municipal wastewater system (Tuckaseigee Water & Sewer Authority). The existing sewer line runs adjacent
to the project parcel.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
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 E dangered Species or Designated Critical
Habitat?
USFWS County List for Jackson Co. (September 2019), NCNHP project based database query (October 2019), and on -site
inspection (September 2019). CEC consulted the FWS's "Northern Long-eared Bat Consultation Areas" map for Jackson
County. The project site is not in a Hydrologic Unit Code identified as having known occurrences of hibernation or maternity
sites. It is the opinion of CEC that the project would have "no effect" on the northern long-eared bat. See Attachment B.
6. Essential Fish Habitat Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem 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
❑x Yes ❑ 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?
Project is approximately 300 feet from the Bryson-Bumgamer House (HPO Site ID: JK0575 Status: SO) and approximately 1,100 feet from the
Alexander Building (HPO Site ID: JK0562 Status:SO). Source: http:llgis.nodcr.gov/hpoweb/, Accessed October 2019.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes X❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA's Map Service Center: FIRM Panel 3700757100.1 (Eff. Date 4119/2010). See Figure 6.
�. eA" t le.Wle
12 Srz
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10
Peterkin Tract (+/- 0.6 AC)
Glenville
F
Thorpe 0114,
Rk' Reservorr
uo
9
a
o�
107
F3ree
Thorpe
Reservoir
N'AotkonRd
74
Cashiers
L
r°Vp 0r r Project Boundary
`64 ` nl+Vy
z
�t
Lake `.
c
P✓htta'rU;,cT
Fox
- Rijn ktdgF Rd
a
Sapphire
64
281
F„
i g�•
Legend
0 0.5 1 2
Project Boundary
I_____ � Miles
Drawn by: TJK 9.9.19; CEC Project# 1069
Jackson County, CLearWater Site Vicinity Map
North Carolina Figure 1
32 Clayton Street
Asheville, North Carolina 28801
PeterkinTract (+/- 0.6 AC)
10
ti♦ r �. , f � ._r
r'
•
l •
C. •• e ♦ -
as
M BHT 11wr • �;° s
.� .3486
Project Boundary -- •4
'6 - \
- •. :. s
Ov
ft
•� 1113 `C 'r1• U
•• �` Cashiel•s ti, �� ��N
r - 6.
I • • O O♦ • �l ` f • 1
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s•
408
Legend
i 0 500 1,000 2,000
! Project Boundary — — Feet
_ 1 w
Drawn by: TJK 9.9.19 C Project# 1069% \ •
Jackson County, CLearWater USGS Topographic Map
North Carolina Cashiers Quad
32 Clayton street Figure 2
Asheville, North Carolina 28801
Peterkin Tract (+/- 0.6 AC)
si* of
� I y
. t.
e j A
,fie' • (�'' `� -
* Nd,
' I
� I
' Project Boundary
' I
,
Legend
r ` �P�ti 0 25 50 100
! Project Boundary ; ; �+ .�
I______ ; Feet
Jackson County, CLearWater Aerial Photography
North Carolina NCCGIA (2015)
32 Clayton Street Figure 3
Asheville, North Carolina 28801
Peterkin Tract (+/- 0.6 AC)
Legend
QProject Boundary
Soil
- NkA - N ikwasi fine sandy loam, 0-2 % slopes, frequently flooded
SyA - Sylva-Whiteside complex, 0-2 % slopes
- Ud - Udorthents, loamy
Jackson County,
North Carolina
*,
�a
I
• � I
i
I
I
I
Project Boundary j
't ..
I
Mr
CLearWater
32 Clayton Street
Asheville, North Carolina 28801
SyA
0 25 50
N
100
Feet
USDA Soil Map
Figure 4
Peterkin Tract (+/- 0.6 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
y correction of that data. GPS points may demonstrate uncorrectable
errors due to topography, vegetative cover, and/or multipath signal
I .. error.
Note: The illustrated wetland and stream locations are approximate.
'r 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
44 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
r descriptions. This map shall not be construed to be an official
survey of any data depicted.
Source Data:
Project Boundary - Jackson County PIN #7571-49-3773
Topo - Jackson County
Permanent Wetland Impact (Fill)
W1 - 0.022 acre
Wetland
ID
Wetland Size
(Acres)
Type of
Impact
Impact
(Acres)
W1
0.122
Permanent
0.022
Total
0.022
Legend
--- J Project Boundary
IF Wetland Impact - Permanent
Wetland
9; CEC Project# 1069
Jackson County,
North Carolina
CLearWater
32 Clayton Street
Asheville, North Carolina 28801
r
Project Boundary ,
\PWO 40.1
25 50 100
Feet
Stream and Wetland
Impact Map
Delineated 9/6/19
Figure 5
•+
Peterkin Tract (+/- 0.6 AC)
0
to� Project Boundary
Legend N
Project Boundary
FEMA Flood Hazard L
AE: 1 00-Year Flood Zone
0 500 1,000 2,000
Zone X: Area of Minimal Flood Hazard Feet
Drawn by: TJK 10.7.19; CEC Project# 1669
FEMA Floodplain Map
Jackson County, CLearWaLer FIRM Panels: 3700757100J (4/9/10)
North Carolina & 3700757200J (eff. 4/19/10)
32 Clayton Street
Figure 6
Asheville, North Carolina 28801
Attachment A
PJD Application
urisdictional Determination Reauest
US Army Corps
of Engineers
Wilmington District
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.g my.mil/Missions/Re ulatoiyPennitProuam/Contact/CounVLocator.aWx,
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, B, 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
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 170 Valley Road
City, State:
Cashiers, North Carolina
County: Jackson County
Parcel Index Number(s) (PIN): See Attached Parcel Information
B. REQUESTOR INFORMATION
Name: ClearWater Environmental Consultants
Mailing Address: 32 Clayton Street
Asheville, NC 28801
Telephone Number: 828-698-9800
Electronic Mail Address: tyson@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.
C. PROPERTY OWNER INFORMATION
Name: See Attached Agent Authorization
Mailing Address: See Attached Agent Authorization
Telephone Number: See Attached Agent Authorization
Electronic Mail Address: See Attached Agent Authorization
' Must provide completed Agent Authorization Fonn/Letter.
2 Docu nentation 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 CERTIFICATION',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)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector 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 projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 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:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a 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 DETERNIINATION (JD) TYPE (Select One)
ZI 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
I I review area.
Size of Property or Review Area +/- 0.6 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
Project Coordinates (Decimal Degrees): Latitude:
35.108794
Longitude:-83.099071
zA legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ 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-Pern it -
Pro gram/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
F4Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDS• please complete an Approved Jurisdictional Determination Form'
W1 Vicinity Map
zAerial Photograph
z 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)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
1_J Other Assessment Forms
' www.saw.usace.gM.mil/Portals/59/docs/regulatory/readocs/JD/RGL_08-02 App A Prelim JD_ Form_fillable.pdf
' Please see http://www.saw.usace.gM.mil/Missions/RegWatoiy-Permit-Program/Jurisdiction/
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 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: September 20, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Attached 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: Jackson City: Cashiers
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.108794 Long.:-83.099071
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Cashiers Lake
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
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)
W1
35.108683
-83.099193
0.122
Wetland
Section 404
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:
I!I Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Vicinity, USGS Topographic, Aerial, USDA Soil, and StreamNVelland Delineation Map
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: 1:24,000 Scale Quad: Cashiers
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMAIFIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: n 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 jurisdictional
determinations. •-• • - _,_
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
i 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.
W1 NORTH CAROLINA PSS Area 0.122 ACRE RPWWD 35.10868300-83.09919300
Peterkin Tract (+/- 0.6 AC)
Jurisdictional wetlands and waters identified on this map have been ~
located within sub -meter accuracy utilizing a Trimble mapping grade '!. .. _ 61
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 illustratedhaveenfl g 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 1
This map was prepared by CEC using the best information available
ra .
to CEC at the time of production. This map is for informational r ��
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.
1 '
Source Data:
Project Boundary - Jackson County PIN #7571-49-3773
Topo - Jackson County ,X v
Project Boundary
Potentially
.Jurisdictional Water--
i
Wetland (AC)
i
Wl Q122
Total 0.122 r
t 1
i
G
Potential Wetland Waters of the USi.
..-
W1 - 0.122 acre
r I
' 1 t
c• I
1
I �
bP�U-W1 I
1 �
\DPW-W1
_J
Legend --
N
Project Boundary
Wetland
Contours 4ft w',
0 25 50 100
Data Point
Feet
9.19; CEC Pro'
Stream and Wetland
Jackson County, CLearWater Delineation Map
North Carolina Delineated 9/6/19
32 Clayton Street
Asheville, North Carolina 28801 Figure A-1
U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Peterkin Tract City/County: Jackson Sampling Date: 9/6/2019
Applicant/Owner: Brian Peterkin State: NC Sampling Point: DPW - W1
Investigator(s): Tyson Kurtz & Clement Riddle, PWS Section, Township, Range: Cashiers
Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): none Slope (%): 0
Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.108518 Long:-83.099193 Datum: NAD83
Soil Map Unit Name: NkA: Nikwasi fine sandy loam, 0-2% slopes, frequently flooded NWI classification: PSS
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation X 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:
Approximately half of the vegetation in the vegetation plot was recently removed to bare ground
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) X
Hydrogen Sulfide Odor (Cl)
—Drainage Patterns (1310)
X Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
X Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Satisfies criteria for wetland hydrology
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DPW - W1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
Dominance Test worksheet:
1.
0
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 3 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 100.0% (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species 25 x 1 = 25
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 30 x 2 = 60
1.
Alnus serrulata
10
Yes
OBL
FAC species 0 x 3 = 0
2.
FACU species 2 x 4 = 8
3.
UPL species 0 x 5 = 0
4.
Column Totals: 57 (A) 93 (B)
5.
Prevalence Index = B/A = 1.63
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
X 3 - Prevalence Index is !2.01
10
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
5 20% of total cover:
2
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Impatiens capensis
20
Yes
FACW
Indicators of hydric soil and wetland hydrology must be
2.
Polygonum sagittatum
15
Yes
OBL
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Carex sp. 10 No
4.
Juncus effusus
5
No
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Viola affinis
5
No
FACW
more in diameter at breast height (DBH), regardless of
6.
Ilex opaca
2
No
FACU
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.
57
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
29 20% of total cover:
12
height.
Woody Vine Stratum (Plot size: 30 )
1.
0
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.)
Satisfies criteria for hydrophytic vegetation. Approximately half of the vegetation in the vegetation plot was was recently removed to bare ground
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0
SOIL Sampling Point: DPW - W1
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) % Types Loc2 Texture Remarks
0-10 10YR 2/1 100 Sandy Sandy Loam
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)
X Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
—Piedmont Floodplain Soils (F19)
—Stratified Layers (A5)
_ 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 (Al2)
_ 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,
X 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:
Satisfies criteria for hydric soils.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Peterkin Tract City/County: Jackson Sampling Date: 9/6/2019
Applicant/Owner: Brian Peterkin State: NC Sampling Point: DPU - W1
Investigator(s): Tyson Kurtz & Clement Riddle, PWS Section, Township, Range: Cashiers
Landform (hillside, terrace, etc.): Terrace Local relief (concave, convex, none): none Slope (%): 0
Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.108539 Long:-83.099075 Datum: NAD83
Soil Map Unit Name: SyA: Sylva-Whiteside complex, 0-2% slopes NWI classification: Upland
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation X Soil X or Hydrology X significantly disturbed? Are "Normal Circumstances" present? Yes No X
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 No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Sampling point is in a gravel/fill parking area
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al) —True
Aquatic Plants (1314)
—Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
—Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
—Iron Deposits (135)
—Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Sampling point is in a gravel/fill parking area.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DPU - W1
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover Species?
Status
Dominance Test worksheet:
1. Acerrubrum
25 Yes
FAC
Number of Dominant Species
2. Quercus rubra
10 Yes
FACU
That Are OBL, FACW, or FAC: 1 (A)
3. Prunus serotina
5 No
FACU
Total Number of Dominant
4.
Species Across All Strata: 2 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 50.0% (A/B)
7.
Prevalence Index worksheet:
40 =Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20 20% of total cover:
8
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 0 x 2 = 0
1.
0
FAC species 25 x 3 = 75
2.
FACU species 15 x 4 = 60
3.
UPL species 0 x 5 = 0
4.
Column Totals: 40 (A) 135 (B)
5.
Prevalence Index = B/A = 3.38
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
3 - Prevalence Index is !2.01
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
20% of total cover:
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation' (Explain)
1.
0
Indicators of hydric soil and wetland hydrology must be
2.
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3.
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.
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
20% of total cover:
height.
Woody Vine Stratum (Plot size: 30 )
1.
0
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No X
Remarks: (Include photo numbers here or on a separate sheet.)
Sampling point is in a gravel/fill parking area with a adjacent trees providing partial canopy cover
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0
SOIL Sampling Point: DPU - W1
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) % Types Loc2 Texture Remarks
0-16 Jumbled fill
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)
_ 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 (Al2)
_ 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 No X
Remarks:
Soils are jumbled fill below a surface of artifical gravel fill.
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
Attachment 6
NCNHP & USFWS
Information
1117E-7NdyF]
Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Endangered Species, Threatened Species,Federal Species of Concern,
and Candidate Species,
Jackson County, North Carolina
Updated: 06-27-2018
Critical Habitat Designations:
Appalachian elktoe - Alasmidonta raveneliana - The main stem of the Tuckasegee River (Little Tennessee
River system), from the N.C. State Route 1002 Bridge in Cullowhee, Jackson County, North Carolina,
downstream to the N.C. Highway 19 Bridge, north of Bryson City, Swain County, North Carolina. Within these
areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii)Geomorphically
stable stream channels and banks; (iii)Pool, riffle, and run sequences within the channel; (iv)Stable sand, gravel,
cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v)Moderate to high
stream gradient; (vi)Periodic natural flooding; and (vii)Fish hosts, with adequate living, foraging, and spawning
areas for them.
Federal Register Reference: September 27, 2002, Federal Register, 67:61016-61040.
Common Name
Scientific name
Federal
Record Status
Status
Vertebrate:
Appalachian Bewick's wren
Thryomanes bewickii altus
FSC
Historic
Bog turtle
Glyptemys muhlenbergii
T (S/A)
Probable/potential
Carolina northern flying squirrel
Glaucomys sabrinus coloratus
E
Current
Eastern small -footed bat
Myotis leibii
ARS
Current
Gray at
Myotis grisescens
E
Probably/Potential
Green salamander
Aneides aeneus
ARS
Current
Hellbender
Cryptobranchus alleganiensis
ARS
Current
Indiana bat
Myotis sodalis
E
Current
Northern long-eared bat
Myotis septentrionalis
T
Current
Northern pine snake
Pituophis melanoleucus
FSC
Current
https://www.fws.gov/raleigh/species/cntylist/jackson.html 1 /4
10/8/2019 Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
melanoleucus
Northern saw -whet owl (Southern Aegolius acadicus pop. 1 FSC Current
Appalachian population)
Olive darter
Percina squamata
FSC
Current
Pygmy salamander
Desmognathus wrighti
FSC
Current
Red crossbill (Southern
Loxia curvirostra
FSC
Current
Appalachian)
Sicklefin redhorse
Moxostoma sp. 2
C
Current
Smoky dace
Clinostomus funduloides ssp.
FSC
Current
Southern Appalachian black-
Poecile atricapillus practicus
FSC
Current
capped chickadee
Yellow -bellied sapsucker
Sphyrapicus varius appalachiensis
FSC
Current
(Southern Appalachian population)
wounded darter
Etheostoma vulneratum
FSC
Current
Invertebrate:
Appalachian elktoe
Alasmidonta raveneliana
E
Current
French Broad crayfish
Cambarus reburrus
FSC
Current
Rusty -patched bumble bee
Bombus affinis
E
Historic
Southern Tawny Crescent butterfly
Phyciodes batesii maconensis
FSC
Current
Spruce -fir moss spider
Microhexura montivaga
E
Current
a harvestman
Fumontana deprehendor
FSC
Current
Vascular Plant:
Butternut
Juglans cinerea
FSC
Current
Balsam Mountain Gentian
Gentiana latidens
FSC
Current
Balsam Mountain Hawthorn
Crataegus oreophila
FSC
Current
Divided -leaf Ragwort
Packera millefolium
FSC
Current
Fraser fir
Abies fraseri
FSC
Current
Fraser's loosestrife
Lysimachia fraseri
FSC
Current
Gorge filmy fern
Hymenophyllum tayloriae
FSC
Current
Granite dome goldenrod
Solidago simulans
FSC
Current
Lobed Barren -strawberry
Geum lobatum
FSC
Historic
Mountain Thaspium
Thaspium pinnatifidum
FSC
Historic
Radford's sedge
Carex radfordii
FSC
Current
Small whorled pogonia
Isotria medeoloides
T
Current
Southern Oconee -bells
Shortia galacifolia var. galacifolia
FSC
Historic
Swamp pink
Helonias bullata
T
Current
Southern appalachian purple
Sarracenia purpurea var: montana
ARS
Current
pitcherplant
Smoky Mountain Mannagrass
Glyceria nubigena
FSC
Current
Torrey's Mountain -mint
Pycnanthemum torrei
FSC
Historic
Nonvascular Plant:
a liverwort
Plagiochila cuduciloba
FSC
Current
a liverwort
Plagiochila sharpii
ARS
Current
a liverwort
Plagiochila sullivantii var.
FSC
Historic
spinigera
https://www.fws.gov/raleigh/species/cntylist/jackson.html 2/4
10/8/2019 Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
a liverwort
Plagiochila sullivantii var.
FSC
Historic
sullivantii
a liverwort
Plagiochila virginica var.
FSC
Historic
caroliniana
a liverwort
Sphenolobopsis pearsonii
FSC
Current
Appalachian Pocket Moss
Fissidens appalachensis
ARS
Current
Lichen:
Rock gnome lichen Gymnoderma lineare E Current
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
listing. (Formerly "Cl" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered
Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species;
although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting
species proposed for listing.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
Program Lists.
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. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,
for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA)_
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-
listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007.
After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the
primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit htip://www.fws,gQy/migratoryi2irds/baldeagte.
Threatened due to similarity of appearance(T(S/A))_
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of
https://www.fws.gov/raleigh/species/cntylist/jackson.html 3/4
10/8/2019 Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.
https://www.fws.gov/raleigh/species/cntylist/jackson.html 4/4
■ ■■■ Roy Cooper. Governor
ME NC DEPARTMENT OF Susi Hamilton, Secretary
women NATURAL AND CULTURAL RESOURCES
0 son Walter Clark, director, Land and Water Stewardship
NCNHDE-10406
October 7, 2019
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, NC 28801
RE. 1069 - Peterkin Tract
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.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. 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 found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
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 Federally -listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butlerWncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR71MENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 1651 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC 918.707.9120 • FAX 919.707.9121
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
1069 - Peterkin Tract
October 7, 2019
NCNHDE-10406
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID Scientific Name K
ommon Name Last � Element Accuracy Federal State Global State
Group servation Occurrence Status tatus Rank Rank
t + Date = Rank
Dragonfly or 33722 Somatochlora elongataSki-tipped Emerald 2004-Pre H? 5-Very --- Significantly G5 S2S3
Damselfly Low Rare
Dragonfly or 33784 Stylurus scudderi Zebra Clubtail 2004-Pre H? 5-Very --- Significantly G5 S2?
Damselfly Low Rare
Reptile 17201 Crotalus horridus Timber Rattlesnake 2014-05-25 H 3-Medium --- Special G4 S3
Concern
Reptile 17709 Crotalus horridus Timber Rattlesnake 1961-08-12 H 4-Low --- Special G4 S3
Concern
Vascular Plant 10448 Packera millefolium Divided -leaf Ragwort 2014-11-24 B 3-Medium --- Threatened G3 S2
Natural Areas Documented Within a One -mile Radius of the Project Area
rite Name resentational Rating ColleTtive Rating _
High Hampton/Chattooga Ridge Natural Area R3 (High) C3 (High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Arellame Owner Type
Nantahala National Forest - Nantahala Ranger US Forest Service Federal
District
Highlands -Cashiers Land Trust Preserve Highlands -Cashiers Land Trust Private
Chattooga National Wild and Scenic River US Forest Service Federal
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 7, 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 3
NCNHDE-10406: 1069 - Peterkin Tract
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October 7, 2019
Project Boundary
Buffered Project Boundary
E3
NHP Natural Area (NHNA)
El
Managed Area (MAREA)
1:20,768
0 0.175 0.35 0.7 mi
0 0.275 0.55 1.1 km
Sources Esri, HERE, Garmin Intermap, increment P Corp-. GEBCC,, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL Ordnance Survey, Esri Japan,
METI, Esn China (Hong Kong), (c) OpenStreetMap contributors, and the GIS
User Community
Page 3 of 3
S�eNT OFT
AW��'
iV/.,U.S. Fish & Wildlife Service
yF
Northern Long -Eared Bat Consultation Areas
4R�ea, Jackson County
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Bryson Ci
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azelwood
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! Jackson Co.FI�K^"°°"
_ QJ
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JProject Site
North Carolina County Boundary
Watersheds with Known NLEB Maternity Trees or Hibernation Sites
If your project falls within
the red areas identified in
Jackson County, please
contact the USFWS
0 5 Miles
1 r i USFWS Ecological Services
Asheville, North Carolina
0
Asheville Field Office. 1
0 5 Kilometers Map Date: 2/3/2016
PJ
:-artton I
,
Transylvania Co.
KY VA rn—A
C oox i e
Attachment C
Photolog
Photo 1. Standing on northern edge of project boundary facing south. Proposed wetland
impact in center of photo.
Photo 2. Standing on southern edge of project boundary facing north. Proposed wetland
impact in center of photo.