20181033 Ver 1_Owen Farms PCN_20200224

ID#* 20181033 Version* 1
Select Reviewer:*
Mac Haupt
Initial Review Completed Date 02/24/2020
Mitigation Project Submittal - 2/24/2020
Is this a Prospectus, Technical Proposal or a New Site?* r Yes r No
Type of Mitigation Project:*
V Stream Pr Wetlands r- Buffer r- Nutrient Offset
(Select all that apply)
Project Contact Information
Contact Name:* Email Address:*
Lin Xu [e-mail]
Project Information
.....................................................................................................................................................................................................................................................................
ID#:* 20181033 Version:*1
Existing IDExisting Version
Project Type: r DMS r Mitigation Bank
Project Name: Owen Farms Mitigation Site
County: Transylvania
Document Information
Mitigation Document Type:*
Mitigation Plans
File Upload: eApproval Letter Owen Farms_2018-01165.pdf
212.46KB
Owen Farms_100064_(REV) Resp. to IRT
275K6
Comments_2-6-20.pdf
Owen Farms_100064_MP_2020.pdf
31.7MB
Owen Farms PCN.pdf
7.88MB
OwenFarms401 COffice.pdf
48.32KB
OwenFarms401 FeeMemo.pdf
45.09KB
SAW-2018-01165 NCDMS-ILF Owen Farms
8.75MB
Mitigation Site pre-JD.PDF
Rease upload only one RDF of the conplete file that needs to be subnitted...
Signature

Print Name:* Lin Xu
Signature:*

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
NORTH CAROLINA
Environmental Quality
February 20, 2020
Mac Haupt, Acting 401 & Buffer Permitting Unit Supervisor
Division of Water Resources
401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699 - 1617
Re: Permit Application- Owen Farms Mitigation Site Mitigation Project, Transylvania
County (DMS Full Delivery Project)
Dear Mr. Haupt:
Attached for your review is 404/401 permit application package for the subject project. A memo
for the permit application fee is also included in the package. Per agreement between DMS and
DWR, the hard copy of the final mitigation plan is not included in the submittal. However, the
electronic copy of the final mitigation plan along with all other electronic files have been
uploaded to NC DWR's file system. Please feel free to contact me with any questions regarding
this plan (919-707-8319).
Thank you very much for your assistance.
Sincerely
Lin Xu
Attachment: 404/401 Permit Application Package
Permit Application Fee Memo
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
TIM BAUMGARTNER
Director
MEMORANDUM:
TO:
FROM:
SUBJECT:
111_VI11=;
NORTH CAROLINA
Environmental Quality
Debby Davis
Lin Xu
Payment of Permit Fee
401 Permit Application
February 20, 2020
The Division of Mitigation Services (DMS) is implementing a mitigation project for
Owen Farms Mitigation Site Mitigation Project in Transylvania County (DMS IMS #
100064). The activities associated with this restoration project involve stream
restoration related temporary stream and wetland impact. To conduct these activities,
the DMS must submit a Pre -construction Notification (PCN) Form to the Division of
Water Resources (DWR) for review and approval. The DWR assesses a fee of $570.00
for this review.
Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as
payment for this review. If you have any questions concerning this matter I can be
reached at 919-707-8319. Thanks for your assistance.
cc: Mac Haupt, DWR
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 W. Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Page 1 of 10
PCN Form – Version 1.4 January 2009
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
1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
Yes No
For the record only for Corps Permit:
Yes 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 No
1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h
below. Yes No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No
2. Project Information
2a. Name of project:
2b. County:
2c. Nearest municipality / town:
2d. Subdivision name:
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Owen Farms Stream and Wetland Mitigation Project
Transylvania
Lake Toxaway
N/A
N/A
Troy Owen Farms, LLLP
DB 81, PG 171
Bonnie Owens
227 June Bug Lane
Alapaha, Georgia, 31622
[phone]
N/A
[e-mail]
NW 27
Page 2 of 10
4. Applicant Information (if different from owner)
4a. Applicant is: 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. Co-Applicant Information
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Lin Xu
NC Division of Mitigation Services
217 W. Jones Street
Raleigh, North Carolina, 27603
[phone]
N/A
[e-mail]
Vickie Miller
HDR
555 Fayetteville Street, Suite 900
Raleigh, North Carolina, 27601
[phone]
N/A
[e-mail]
Permittee
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
2c. River basin:
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:
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
Yes 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 No Unknown
5b. If yes, explain in detail according to “help file” instructions.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
8524-24-1875
-82.943839
122.99
West Fork French Broad River
B;Tr
French Broad
see attached
3.39
see attached
see attached
HDR
Site Visit occurred 09-11-2018 with Ben Furr (HDR) and David Brown (USACE); PJD approved 09-14-2018 (see attached)
35.183539
8,400
PJD submitted 08-10-2018; approved 09-14-2018
Ben Furr
Page 4 of 10
PCN Form – Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
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)
W3
W3
W5A
W5B
W8
2g.Total Wetland Impacts:
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
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Fill Riverine Swamp Forest No Corps 0.09
No Corps 0.04
Yes Corps 0.006
Yes Corps 0.003
Yes Corps 0.02
Yes/No -
0.159
Wetland impacts total 0.159 ac. These impacts are the result of stream restoration efforts where streams are being diverted through wetlands to
restore natural pattern to the stream system. In these cases, the abandoned stream channels will be restored as wetlands, where appropriate.
Wetland re-establishment on-site totals 0.48 acres resulting in a net increase of 0.32 acres of wetland as a result of mitigation activities.
Choose one - -
See attached
P
P
P
P
P
-
Excavation
Excavation
Excavation
Excavation
Choose one
Riverine Swamp Forest
Headwater Wetland
Headwater Wetland
Headwater Wetland
Choose one
-
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
-
-
-
-
-
-
-
-
-
-
Page 5 of 10
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 individually 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)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
P2
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
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Pond on UT 5 Drainage Pond 0.47
0.47
The pond on UT 5 will be drained to facilitate restoration of UT 5.
Choose one
Yes/No
P
-
-
-
Choose one
Choose one
Choose one
Choose
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
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 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
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:
Type:
Type:
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:
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.
Streams were designed to avoid impacts to wetland areas, where possible. In-channel work was minimized on downstream portions of WFFBR that
exhibited good hellbender habitat. Enhancement activities were limited to riparian buffer plantings and cattle exclusion along tributaries that exhibited
mature stream vegetation to avoid unnecessary in-stream work.
Erosion control measures such as a pump around operation with silt bags, silt checks, erosion control matting, seeding and mulch will be implemented
during construction on the smaller tributaries on-site. Work on WFFBR will be conducted in the wet, however, open channel work will be minimized to
what can be completed in the same day. Protection fencing will be placed around wetland areas on-site to prevent unnecessary encroachment during
construction. Construction will be conducted between April 15 and October 15 to minimize impacts to trout.
Choose one
Choose one
Choose one
Choose one
Page 7 of 10
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 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 8 of 10
PCN Form – Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. 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? %
2b. Does this project require a Stormwater Management Plan? 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:

2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
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
0
The percent imperviousness of the project will not be altered as no impervious surfaces will be added to the area. The riparian zone will be planted to
minimize overland flow velocities.
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
1c. 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
letter.)
Comments:
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
2b. Is this an after-the-fact permit application? Yes 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
additional development, which could impact nearby downstream water quality? Yes No
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.
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.
No wastewater will be generated from the project.
see attached Categorical Exclusion documentation.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑x Yes ❑ N
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act Yes
impacts? ❑ ❑ N„
5c. If yes, indicate the USFWS Field Office you have contacted. Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
A letter was sent to USFWS on August 16, 2018, but no response was received. See attached Categorical Exclusion for details concerning T&E
documentation for this project (including NLEB correspondence/Forest Impact Map). https://www.fws.gov/raleigh/species/cntylistftransylvania.htmi
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? I ❑ Yes 0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
USFWS County List, NC Natural Heritage Data, NC Wildlife Resources Commission
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation Office contacted August 16, 2018. Response received September 10, 2018.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
8b. If yes, explain how project meets FEMA requirements:
❑ Yes 0 No
8c. What source(s) did you use to make the floodplain determination?
Floodplain mapping program website and Flood Insurance Rate Map (FIRM) map number 3700852400J (effective date October 2, 2009)
Applicant/Agent's Printed Name
Vickie Miller
Co -Applicant's Printed Name
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the armlicant is Drovided.)
Co -Applicant's Signature
Page 10 of 10
Date
02-20-2020
Date

3.Project Description
3a. Existing Conditions and Land Use:
The watershed for West Fork French Broad River (WFFBR) is 5.93 sq miles (3,795 acres) at the
downstream extents of the Site. Land use within the WFFBR watershed upstream of the Site consists of
forested land (92%), pasture and agriculture (5%), and residential properties, open water and roads
(3%). Future land use changes in the watershed are expected to be minimal as a majority of the
watershed is located within the Pisgah National Forest. However, the Site is located on property that is
ideal for residential development and would likely be developed in the future if not protected.
According to historic aerial imagery, current site conditions and uses have changed little since 1951. It
appears the Site was cleared prior to 1951 and has been utilized for agricultural purposes including
pasture and row crops. Portions of WFFBR appear to have been straightened between 1951 and 1976.
On-site conditions suggest that UT 5 and UT 7 have been modified as evidenced by straightened and
incised channels, spoil piles adjacent to banks and evidence of overburden spread within the floodplain.
The existing channels display poor stability, moderate entrenchment and incision within the landscape.
W3, W5A and W5B appear to have been altered following the spread of overburden after the
straightening of UT 5 and UT 7.
3d. Purpose of the Proposed Project:
The intent of mitigation activities is to establish a stable stream and wetland system and provide
functional uplift of features within the existing landscape. Functional uplift will be provided through the
restoration or enhancement of unstable and eroding streams; restoration and enhancement of altered,
filled, or cattle impacted wetlands; planting a riparian buffer; and excluding cattle from the easement.
3e. Details of proposed project, including type of equipment to be used:
Stream channel restoration of pattern, profile, dimension and riparian buffer is proposed for WFFBR, UT
5, and UT 7. The existing channels will be abandoned, filled, and relocated through the floodplain.
Wetlands will be restored in the abandoned/filled portions of UT 5 and UT 7, where appropriate. In
addition, wetlands will be restored adjacent to UT 5 and UT 7 by removing spoil. Restored wetlands will
reconnect relic wetland areas to existing wetlands (W3, W5A, and W5B). Stream stabilization will occur
along portions of UT 3, UT 4A, UT 6, and WFFBR. Stabilization will consist of soil lifts, toe wood, and rock
step structures. UT 4 and UT 8 will be extended in order to tie into the restored channel of WFFBR. A
native riparian buffer will be planted along restored and enhanced streams on-site. Standard
construction equipment (CAT 320 (or equivalent) track hoes, dozers, and track trucks) will be used to
perform work on-site.
C. Proposed Impacts
3. Stream Impacts
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 P Relocation
West Fork
French
Broad River
PER Corps 35 2106
S2 P Stabilization
West Fork
French
Broad River
PER Corps 35 265
S3 P Culvert UT 1 PER Corps 15 18
S4 P Culvert UT 2A PER Corps 20 18
S5 P Stabilization UT 3 PER Corps 3 25
S6 P Stabilization UT 4A PER Corps 5 72
S7 P Relocation UT 5 PER Corps 5 419
S8 P Stabilization UT 6 PER Corps 10 68
S9 P Relocation UT 7 PER Corps 5 373
S10 P Relocation UT 8 PER Corps 10 37
Total 3,401

Notes: Stream impacts total 3,401 linear feet. Relocation impacts will result from stream restoration
efforts where the existing channels will be abandoned and filled, and a new channel will be constructed
through the floodplain. One portion of existing UT 5 will be abandoned but not filled because it flows
through an existing wetland/oxbow (see Sheet PRM-2). Restored streams (i.e. relocated streams) on-
site total 3,585 linear feet resulting in a net increase of 184 linear feet of stream as a result of mitigation
activities.
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO,
USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance
Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, ©
OpenStreetMap contributors, and the GIS User Community
PATH: Z:\OWEN_FARMS\7.0_GIS_MODELS\7.2_WORK_IN_PROGRESS\MXD\MIT PLAN FIGURES\FIGURE 1- LOCATION MAP.MXD - USER: BFURR - DATE: 5/1/2019
LOCATION MAP
FIGURE 1
OWEN FARMS MITIGATION SITE
OWEN FARMS MITIGATION PLAN
0 1Miles
O
LEGEND
Parcel Boundary
Proposed Easement
Reid
Oakland
1143
1147
1147
1148
1316
1318
1398
1304
1314
1314
1313
1306
1372
1376
1307
1375
1301
1308
1309
1309
1326
13101311
1309
1309
1309
1312
1326
1177
1152
1166
1144
1322
1170
1300
Wolf Mountain
Toxaway
1763
L
A
KE T
O
X
A
WA
Y
TOXAWAY Indian Creek Cree
kRoc
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River
64%
1306
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281(
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.44
1119
1152
1153
1152
1154
1301
1140
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64%
1162COUNTYJACKSONCOUNTYTRANSYLVANIABlackrock
Mountain
Nantahala
National
Forest
Nix Mountain
Lake
Fairfield
Little Hogback
Mountain
Hogback Mountain
Sapphire
Lake
Toxaway
HogbackCreek
Mountain
Dobson
National
Pisgah
Forest
Cold Mountain
281(
STATE
N.C.1
LOCATION:
TYPE OF WORK:2/20/2020Z:\Owen_Farms\6.0_CAD\6.5_Proj\6.5.11_Permit Plans\OwenFarms_psh_01.dgnICA EngineeringCONTRACT:VICINITY MAP
INDEX OF SHEETS
DESIGN DATA PROJECT LENGTH
PROJECT DESIGNER / ENGINEER
SHEET NO.
TRANSYLVANIA COUNTY, NORTH CAROLINA
BROAD RIVER
WEST FORK FRENCH
HDR Engineering, Inc. of the Carolinas
N.C.B.E.L.S. License Number: F-0116
555 Fayetteville St, Suite 900 Raleigh, N.C. 27601
0
PROFILE (HORIZONTAL)
PLANS
PROFILE (VERTICAL)
0
0
50 25 50 100
10 5 10 20
20 10 20 40
GRAPHIC SCALESOWEN FARMS MITIGATION SITESTREAM & WETLAND RESTORATION
LOCATION
PROJECT
LIMITS OF DISTURBANCE = 14.6 AC CHRISTOPHER L. SMITH
LENGTH
DESIGN STREAM
PROPOSED
STREAM LENGTH
EXISTING
-UT8-
-UT7-
-UT5-
-UT4A-
BROAD RIVER
WEST FORK FRENCH
=
=
=
=
=
49.00
811.00
652.00
471.56
2,859.55
FT
FT
FT
FT
FT
136.80
417.41
899.09
71.56
2,691.02
FT
FT
FT
FT
FT
2
2
CROSS-SECTIONED
=
=
=
=
=

=
=
2
2
CROSS-SECTIONED
=
=
=
=
=

=
=
2
2
CROSS-SECTIONED
=
=
=
=
=

=
=
2
2
CROSS-SECTIONED
=
=
=
=
=

=
=
0.00353
5.50
14.0
2.68
30.0
64.29
C4
0.00569
0.07
13.5
0.76
8.5
5.35
C4
0.00539
0.06
13.5
0.80
9.0
6.0
C4
0.01096
0.31
13.0
1.11
12.0
11.08
C4
BANKFULL SLOPE(FT/FT)
DRAINAGE AREA (MI )
WIDTH / DEPTH RATIO
MAX DEPTH (FT)
BANKFULL WIDTH (FT)

BANKFULL AREA (FT )
DESIGN STREAM TYPE
BANKFULL SLOPE(FT/FT)
DRAINAGE AREA (MI )
WIDTH / DEPTH RATIO
MAX DEPTH (FT)
BANKFULL WIDTH (FT)

BANKFULL AREA (FT )
DESIGN STREAM TYPE
BANKFULL SLOPE(FT/FT)
DRAINAGE AREA (MI )
WIDTH / DEPTH RATIO
MAX DEPTH (FT)
BANKFULL WIDTH (FT)

BANKFULL AREA (FT )
DESIGN STREAM TYPE
BANKFULL SLOPE(FT/FT)
DRAINAGE AREA (MI )
WIDTH / DEPTH RATIO
MAX DEPTH (FT)
BANKFULL WIDTH (FT)

BANKFULL AREA (FT )
DESIGN STREAM TYPE
UT 5 UT 7 UT 8
BROAD RIVER
WEST FORK FRENCH
LAT: 35.183611 LONG: -82.9413889 » »
IMPACTS PERMIT
WETLAND AND SURFACE WATER
-UT8- STA 10+00.00
-UT8- STA 11+36.80
-UT3- STA 10+25.24
-UT5- STA 10+00.00
-UT7- STA 10+00.00
-UT5- STA 18+99.09
-UT4A- STA 10+00.00
-UT4A- STA 10+71.56 -UT4- STA 10+00.00
STA 29+86.17
& BEGIN ENHANCEMENT II
BROAD RIVER RESTORATION
END WEST FORK FRENCH
STA 36+91.02
ENHANCEMENT II
BROAD RIVER
END WEST FORK FRENCH

STA 10+00.00
RESTORATION
FRENCH BROAD RIVER
BEGIN WEST FORK
-UT6- STA 9+59.71
-UT7- STA 14+17.41
-UT4- STA 11+36.08
ENGLISH
STA 10+00.00
-UT3-
EROSION CONTROL)
(CLEARING, GRUBBING, GRADING, AND
LEGEND
Prepared for:
Prepared by:
P
RM-2
PRM-3
PRM-4
EEASEMENT
CONSERVATION
CONSTRUCTION
BANK & TOE
PROPOSED TOP OF
WETLAND
EXISTING
CENTERLINE
OF BANK &
EXISTING TOP
CULVERT
EXISTING
CULVERT
PROPOSED
POND DRAINING
OPEN WATER
STABILIZATION
STREAM
PERMIT PLAN SHEETS...................................2-4
TITLE SHEET.......................................................1
CONSTRUCTION
LIMITS OF
-UT1-
-UT4A-
-UT2A---
72 -
-
-18
18
-
-
-
-
-
-
-
-UT4-
-UT3---
--
-
(AC)
FILLED
(AC)
RE-ESTABLISHMENT
(AC)
EXCAVATIONWETLAND
-W3-0.04
-
-
25
-146
-W8--0.02
0.09
-
RESTORATIONIMPACTS
WETLAND
-
-UT7-
-UT6---
--
--
-
68
417373
265
CREDITS.
ARE NOT COUNTED TOWARD MITIGATION
EASEMENT OR WITHIN UTILITY EASEMENT
RESOURCES OUTSIDE OF CONSERVATION
NOTE:
STREAM
-WFFB-
(LF)
RESTORED
(LF)
FILLED
ABANDONED/
--
(LF)
STABILIZATION
(LF)
CULVERT
(AC)
POND DRAINING
OPEN WATER
-UT8-
-UT5-
--
-
-
250
37
-0.47 899
SURFACE WATER
137
RESTORATIONIMPACTS
2106 1986
CULVERT
RE-ESTABLISHMENT
WETLAND
EXCAVATION
WETLAND
FILL
WETLAND
ABANDONED/FILL
STREAM
0.28
FILLED
ABANDONED/NOT
STREAM
-
-
-
-
-
-
-
-
-
(LF)
NOT FILLED
ABANDONED/
169
SHEET 1 OF 4
PERMIT DRAWING
-
-W5A-
-W5B-
0.006
0.003
0.09
0.10
10+00
10+0010+0010+0020+0025+0015+0015+00 10+00DATE:
SHEET
2/20/2020Z:\Owen_Farms\6.0_CAD\6.5_Proj\6.5.11_Permit Plans\OwenFarms_psh_02.dgnICA Engineering0GRAPHIC SCALEPLANS Direction
Flo
w
DirectionFlow
-
U
T8-HDR Engineering, Inc. of the CarolinasN.C.B.E.L.S. License Number: F-0116555 Fayetteville St, Suite 900 Raleigh, N.C. 27601ENGLISH
TRANSYLVANIA COUNTY, NORTH CAROLINASTREAM & WETLAND RESTORATION PROJECTOWEN FARMS MITIGATION SITEPRM-2
IMPACTS PERMIT
SURFACE WATER
WETLAND AND5050100SEE SHEET PRM-3MATCHLINE STA 24+50DirectionFlow-UT4-DirectionFlowDirectionFlow-UT5-
F RE NCH BROAD RIV E RWE S T F ORKSTA 10+00.00
CONSTRUCTION
FRENCH BROAD RIVER
BEGIN WEST FORK STA 9+80.00
BEGIN -UT3-
SILVERSTEIN ROAD
STA 10+00.00
CONSTRUCTION
BEGIN -UT5-
STA 10+00.00
CONSTRUCTION
BEGIN -UT8-
STA 10+25.23
END -UT3-
STA 9+90.00
BEGIN -UT4-
STA 18+99.09
END -UT5-
8" PVC
EXISTING
REMOVE
DirectionFlow BY:PREPAREDABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-WFFB RIVER-
MATCHLINE SEE SHEET PRM-4
ABANDONED/FILLED
-UT5-
ABANDONED/FILLED
-UT5-
STABILIZATION
-UT3- CHANNEL
FILLED
-UT8- ABANDONED/
ABANDONED/FILLED
-WFFB RIVER-
W/ 36" CMP (18LF)
10" FIBERGLASS PIPE (20LF)
REPLACE EXISTING
STA 11+36.08
END -UT4-
EEASEMENT
CONSERVATION
LEGEND
CONSTRUCTION
BANK & TOE
PROPOSED TOP OF
WETLAND
EXISTING
CENTERLINE
OF BANK &
EXISTING TOP
CULVERT
EXISTING
CULVERT
PROPOSED
POND DRAINING
OPEN WATER
STABILIZATION
STREAM
01-23-2020
POND DRAINING
OPEN WATER
POND DRAINING
OPEN WATER
WETLAND FILL
-W3-
EXCAVATION
-W3- WETLAND
FILL
-W3- WETLAND
EXCAVATION
-W8- WETLAND
-W3-
-W3--W2--W6--W6A-
-W4-
-W8-
STREAM
-WFFB-
-UT4-
(LF)
RESTORED
(LF)
FILLED
ABANDONED/
-UT3---
--
-
-
(AC)
FILLED
(AC)
RE-ESTABLISHMENT
(AC)
EXCAVATIONWETLAND
-W3-0.04 0.28
CONSTRUCTION
LIMITS OF
-
-
-
(LF)
STABILIZATION
(LF)
CULVERT
(AC)
POND DRAINING
OPEN WATER
-UT8-
-UT5-
--
-
-
14501490-
25
250
37
-
-
0.47
146
899
-W8--0.02
0.09
-
UTILITY EASEMENT
EXISTING E.M.C.
SURFACE WATER
RESTORATION
137
IMPACTS
WETLAND
RESTORATIONIMPACTS
CREDITS.
ARE NOT COUNTED TOWARD MITIGATION
EASEMENT OR WITHIN UTILITY EASEMENT
RESOURCES OUTSIDE OF CONSERVATION
NOTE:
(CURRENTLY NON-WETLAND)
RE-ESTABLISHMENT
-W3- WETLAND
(CURRENTLY NON-WETLAND)
RE-ESTABLISHMENT
-W3- WETLAND
ABANDONED/FILL
STREAM
FILL
WETLAND
EXCAVATION
WETLAND
RE-ESTABLISHMENT
WETLAND
CULVERT
SHEET 2 OF 4
PERMIT DRAWING
FILLED
ABANDONED/NOT
STREAM
FILLED
ABANDONED/NOT
-UT5-
IMPACTS PERMIT
WETLAND AND SURFACE WATER
169
(LF)
NOT FILLED
ABANDONED/
2/20/2020Z:\Owen_Farms\6.0_CAD\6.5_Proj\6.5.11_Permit Plans\OwenFarms_psh_03.dgnICA EngineeringFRENCH BROAD RIVER
WEST FORK
DirectionFlow
DirectionFlow
SHEET 0GRAPHIC SCALEPLANS HDR Engineering, Inc. of the CarolinasN.C.B.E.L.S. License Number: F-0116555 Fayetteville St, Suite 900 Raleigh, N.C. 27601DATE:-UT6--UT6B-
-UT6A-
ENGLISH
WETLAND AND SURFACE WATER IMPACTS PERMIT
TRANSYLVANIA COUNTY, NORTH CAROLINASTREAM & WETLAND RESTORATION PROJECTOWEN FARMS MITIGATION SITEIMPACTS PERMIT
SURFACE WATER
WETLAND ANDSEE SHEET PRM-2MATCHLINE STA 24+50BEGIN ENHANCEMENT II
FORK FRENCH BROAD RIVER
END RESTORATION WEST
STA 29+86.17
STA 10+27.56
END -UT6-
STA 9+59.71
CONSTRUCTION
BEGIN -UT6-
Direction
Flow
STA 36+91.02
ENHANCEMENT II
FRENCH BROAD RIVER
END WEST FORK
STA 14+17.41
END -UT7-
DirectionFlow Dir
e
c
ti
o
n
Fl
o
w-UT7-NC HWY 281BLUE RIDGE ROAD5050100-UT7B--UT7A-STA 10+00
CONSTRUCTION
BEGIN -UT7-SI
LVERSTEI
N ROADBY:PREPAREDABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-WFFB RIVER-
ABANDONED/FILLED
-UT7-
EEASEMENT
CONSERVATION
LEGEND
CONSTRUCTION
BANK & TOE
PROPOSED TOP OF
WETLAND
EXISTING
CENTERLINE
OF BANK &
EXISTING TOP
CULVERT
EXISTING
CULVERT
PROPOSED
POND DRAINING
OPEN WATER
STABILIZATION
STREAM
FILLED
ABANDONED/
-UT7-
PRM-3
02-19-2020
-W4-
CONSTRUCTION
LIMITS OF
STREAM STABILIZATION
-WFFB RIVER-
-0.09
UT
IL
ITY
EASEMENT
EX
IST
ING
E
.M
.C
.ABANDONED/FILL
STREAM
FILL
WETLAND
EXCAVATION
WETLAND
RE-ESTABLISHMENT
WETLAND
CULVERT
STREAM
-WFFB-
-UT7-
(LF)
RESTORED
(LF)
FILLED
ABANDONED/
-UT6---
--
-
-
(AC)
FILLED
(AC)
RE-ESTABLISHMENT
(AC)
EXCAVATIONWETLAND
-
-
-
(LF)
STABILIZATION
(LF)
CULVERT
(AC)
POND DRAINING
OPEN WATER
536616
68
417
SURFACE WATER
RESTORATIONIMPACTS
WETLAND
RESTORATIONIMPACTS
373
265
STABILIZATION
-UT6- STREAM
SHEET 3 OF 4
PERMIT DRAWING
CREDITS.
ARE NOT COUNTED TOWARD MITIGATION
EASEMENT OR WITHIN UTILITY EASEMENT
RESOURCES OUTSIDE OF CONSERVATION
NOTE:
EXCAVATION
WETLAND
-W5B-
EXCAVATION
WETLAND
-W5A-
(CURRENTLY NON-WETLAND)
RE-ESTABLISHMENT
WETLAND
-W5A-
(CURRENTLY NON-WETLAND)
RE-ESTABLISHMENT
WETLAND
-W5B-
0.10--W5B-
-W5A-
0.003
0.006
10+0010+0030+0025+0035+0010+00
10+00SHEET 0GRAPHIC SCALEPLANS DATE:
IMPACTS PERMIT
SURFACE WATER
WETLAND AND
PRM-45050100HDR Engineering, Inc. of the CarolinasN.C.B.E.L.S. License Number: F-0116555 Fayetteville St, Suite 900 Raleigh, N.C. 27601ENGLISH
WETLAND AND SURFACE WATER IMPACTS PERMIT
EEASEMENT
CONSERVATION
LEGEND
CONSTRUCTION
BANK & TOE
PROPOSED TOP OF
WETLAND
EXISTING
2/20/2020Z:\Owen_Farms\6.0_CAD\6.5_Proj\6.5.11_Permit Plans\OwenFarms_psh_04.dgnICA EngineeringSTREAM & WETLAND RESTORATION PROJECTOWEN FARMS MITIGATION SITETRANSYLVANIA COUNTY, NORTH CAROLINAS
HEET
P
RM-
2MATCHLINE
S
EE-UT4A-
-W7--UT4B--UT2B--UT2A--UT2--UT1-CENTERLINE
OF BANK &
EXISTING TOP
STA 10+00.00
CONSTRUCTION
BEGIN -UT4A-
STA 10+71.56
END -UT4A-BY:PREPAREDW/ 36" CMP (18LF)
PIPE (20LF)
REPLACE EXISTING
24" CMP (18LF)
INSTALL
24" CMP (18LF)
INSTALL
CULVERT
EXISTING
CULVERT
PROPOSED
POND DRAINING
OPEN WATER
STABILIZATION
STREAM
01-23-2020
-W1-
-W9-
CONSTRUCTION
LIMITS OF
STREAM
-UT1-
-UT4A-
(LF)
RESTORED
(LF)
FILLED
ABANDONED/
-UT2A---
72 -
-
-18
18
-
(LF)
STABILIZATION
(LF)
CULVERT
(AC)
POND DRAINING
OPEN WATER
-
SURFACE WATER
RESTORATIONIMPACTS
-
-
-
-
-
SHEET 4 OF 4
PERMIT DRAWING
CREDITS.
ARE NOT COUNTED TOWARD MITIGATION
EASEMENT OR WITHIN UTILITY EASEMENT
RESOURCES OUTSIDE OF CONSERVATION
NOTE:
CULVERT
RE-ESTABLISHMENT
WETLAND
EXCAVATION
WETLAND
FILL
WETLAND
ABANDONED/FILL
STREAM
U.S. ARMY CORPS OF ENGINEERS
WILMINGT ON DISTRICT
Action ID: SAVV-2018-01165 County: Transylvania U.S,G,S. Quad: Lake Toxaway
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: HDR Engineering, lnc. of. the Carolinas / Attn.: Beniarnin laurr
Address: 555 ,Fayetteville Street, Suite 900
Raleigh, NC 27601
Telephone Number: 919-900-1613
Size (acres): 22 Nearest Town: Lake Toxaway
Nearest Waterway: UTs West Fork French Broad River
and West Fork French Broad River Coordinates: 35.18348 N, 82.94126 W
River Basin/ HUC: Upper French Broad 06010105
Location description: The project site is located on an approximate 22 acre portion of a larger 127 acre tract of land
(PIN 8524-24-1875-000) at. 8049 Silverstein ]toad (NC Hip
lal, 281), south of the intersection of Silverstein Road
and Allen McCall Road, in Lake Toxawav, Transylvania County, North Carolina.
Indicate Which of the Followinp, Apt:
A. Preliminary Determination
X 'There are waters, including wetlands, an the above described project area, that may be subject to Section 404 of the
Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary juurisdiction determination may be used in the permit evaluation process,
including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation
requirements, and other resource protection measures, a permit decision made on the basis of a preliminary ,lp will treat
all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional
waters eFthe U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 Cl R fart 331). However, you may request an approved JD, which is an
appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used iu the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely
an effective presumption oFCWACR.HA jurisdiction aver all ofthe waters, including wetlands, at the project area,
which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have
the waters of the U,S, on your property delineated, As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33
USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon. for
a period not to exceed five years from the date of this notification.
There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344), Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation
that can be verified by the Corps.
The waters of the U.S. including wetland s on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon

completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification,
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department orthe
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
YOU have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at
828-271-7980, ext. 4232 or [e-mail],
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S., at this site, were verified on -site by the Corps on September 11, 2018, and are as
approximately depicted on the attached Figure 6—Aquatic Resources Map. (Aver Farms Stream & Welland Mitigation
Site (dated August 10, 2018), submitted by HDR Engineering, Inc.
E. Attention USDA Program Participants
This delineation/deLermination has been conducted to identify the lanits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The del ineation/determination may not he 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 request a certified wetland determination from the local office of the
Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (`Phis information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you
will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. if you request to appeal
this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Aan: Jason Steele, Review Officer
60 Forsyth Street SW, Room I OM 15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, .it must be received at the above address by, N/A (Preliminary -JD).

**It is nat necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Qfflcial�\ ��R--�
David Brown
Issue Date of JD: Sentember 14, 2018 Expiration bate: NIA Preliminary 7D
The Wilmington District is committed to providing the highest level of support to the .public, To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey, located online at
hnM-//e0U)srnap u.0sac c.army. millem a ex/PP =136.4:0.
Copy furnished:
Troy Owen Farms, LLLP, Bonnie Owen, 227 ,tune Bug Lane, Alapaha, GA 31622

PLANK PAGE

UT 1
UT 2A
UT 2B
UT 2
UT 4A
UT 4B
UT 4
UT 3
UT 5
UT 7A
UT 7B
UT 7
W3
UT 6A
UT 6
West Fork French
Broad River
W2
W1
W4
¬«281
¬«281
Silverstein
Rd
Silverstein
R
d
W9
W6
W6A
W5A
W5B
W8
W7
Pond 1
UT8
DP1
DP2 DP3DP4
DP12
DP13
DP15
DP16
DP7
DP8
DP14DP6
DP10
DP9DP11
DP5
O
LEGEND
Parcel Boundary
Proposed Easement/ Review Area
Potential Wetlands
Potential Non-Wetland Waters- Open Water
Potential Non-Wetland Waters-Streams
Data Point
OWEN FARMS STREAM & WETLAND MITIGATION SITE
TRANSYLVANIA COUNTY, NORTH CAROLINA
FIGURE 6- AQUATIC RESOURCES MAP (08-10-2018)
0 200 400Feet
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
KEQUEST FOR APPEAL so
Applicant: FIDR Engineering, Inc. of the Carolinas 1 rile Number: SAW-2018-01165
Attn.: Benjamin Furr
Date: September 14, 2018
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter of pen-nission2
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
_
E
SECTION i - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at htip,t?wW 4.usace.artuv.miIIM,issigLiKivill Wcwks/Rcgo� latoryProgramand_Penn ils:asnx or
Cor s re ulations at 33 CFR fart 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future_ Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit For your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit f
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorised, Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal. Process by Completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer, This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not .need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved J❑ in its entirety, and waive all rights to appeal the approved ID.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer, This form must be received by
the division engineer within 60 days of the date of this notice,

E: PRELIMI'NA.RY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD,
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new in formation for further consideration by the Corps to reevaluate the JD.
SECTION 1I - REQUEST FOR APPEAL or OBJECTIONS TO AN [NITIAL, PROF Elt_ED PERM7.T
REASONS FOR APPEAL OR OBJECTIONS: (Describc your reasons for appealing the decision or your objections to an initial.
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
ofthe appeal conference or meeting, and any supplemental information that the review officer has determined is heeded to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record, However, you may
provide additional inforration to darify the location of information that is already in the administrative record.
POINT OF CONTACT FOR UES] IONS OR INFORMATION,
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you. may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Divisions,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room IOM15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-880I
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal. process. You will be provided a 15 day
notice of any site investigation, and will have the a ortunl to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals oa Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CFSAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303 8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETi+.RM[NATION (JD)FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: September 14, 2018
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
HDR Engineering, Inc. ofthe Carolinas / A,ttn.:.Benjamin Furr
555 Fayetteville Street, Suite 900
Raleigh, NC 27601
C. DISTRICT OFFICE, FILL NAME, AND NUMBER:
CESAW-RG-A, SAW-2018-01165, NCDMS-1.LF Owen Farms Mitigation Site
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The project site is located on an approximate 22 acre protion of a larger 127 acre tract of land (PIN 8524-24-.1875-
000) at 8049 Silverstein Road (NC Highway 281), south of the intersection of Silverstein Road and Allen McCall
Load, in lake Toxaway, Transylvania County, North Carolina,
State: NC County/parish/borough: Transylvania City: Lake Toxaway
Center coordinates of site (lat/long in degree decimal format): 35.18348 N, 82.94126 W
Universal Transverse Mercator: N/A
Nameofnearestwaterbody: UTs West Fork French Broad River and West Fork French Broad River
E. REVIEW PERFORM E D FOR SITE EVALUATION (CHECK, ALL THAT APPLY):
Office (Desk) Determination. Date: September 14, 2018
Field Determination. Date(s); September 11, 2018
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEWAREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
Site Number
(decunal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Review Areas
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
West Fork French
❑ Wetland
® Section 404
Broad River
35,182097
-82.938193
2615 If
®Non -wetland Waters
❑Section 10/404
'UT 1
35.183503
-79,626503
709 if
❑ Wetland
® Nan -wetland Waters
Section 404
❑ Section 10/404
LIT 2
35,18293
-82,94609
7691f
❑ Wetland
® Nan -wetland Waters
® Section 404
❑ Section I0/404
UT 2A
35.183002
-82,943477
582 If
❑ Wetland
® Noti-wetland Waters
® Section 404
❑ Section 10/404
❑ Wetland
® Section 404
LIT 2B
35.182642
-82.944328
78 If
] Non -wetland Waters
❑ Section 10/404
UT 3
35.183224
-82.943172
84 If
❑ Wetland
ED Non -wetland Waters
Section 404
❑ Section 10/404
UT 4
35.192511
-82.941879
765 if
❑ Wetimid
Non -wetland Waters
® Section 404
❑ Section 10/404

❑ Wetland
0 Section 404
UT 4A
35.181845
-92.941684
447 If
® Non -wetland Waters
❑ Section 10/404
❑ Wetland
N Section 404
UT 413
35.181959
-92.942379
172 If
0 Nan -wetland Waters
❑ Section 10/404
❑ Wetland
® Section 404
UT 5
35.184087
-82.942092
884 If
Z Non -wetland Waters
❑ Section 10/404
❑ Wetland
Z Section 404
UT 6
35.181952
-82.939869
119 If
N Non -wetland Waters
❑ Section 10/404
❑ Wetland
Section 404
UT 6A
35.182214
-82.93962
187 If
® Non -wetland Waters
❑ Section 10/404
❑ Wetland
Section 404
UT 7
35.183197
-82,93986
765 If
Non -wetland Waters
❑ Section 10/404
❑ Wetland
® Section 404
UT 7A
35.18364
-82,936657
50 if
ED Non -wetland Waters
Section 10/404
❑ Wetland
® Section 404
UT 7B
35.183409
-82.936478
134 If
Non -wetland Waters
❑ Section 10/404
❑ Wetland
❑ Section 404
UT 8
35,185139
-82.9427
40 1f
2 Nan -wetland Waters
❑ Section 10/404
a Wetland
® Section 404
Pond I
35,184393
-82.939262
0.59 ac
Non -wetland Waters
❑ Section 10/404
® Wetland
® Section 404
W 1
35.183545
-82.943765
1.04 ac
❑ Non -wetland Waters
❑ Section 10/404
® Wetland
® Section 404
W 2
35.193368
-82.941803
0.14 ac
❑ Non -wetland Waters
❑ Section 10/404
® Wetland
® Section 404
W 3
35.18412
-82.940287
1.62 ac
❑ Non -wetland Waters
❑ Section 10/404
® Wetland
[D Section 404
W 4
35.182564
-92.940172
0.16 ac
❑ Non -wetland Waters
❑ Section 10/404
E3 Wetland
Section 404
W 5A
35.183025
-82.936953
0.04 ac
❑ Non -wetland Waters
© Section 101404
® Wetland
® Section 404
W 513
35,182608
-82.937158
0.01 ac
�] Non wetland Waters
❑ Section 10/404
® Wetland
® Section 404
W 6
35.183195
-82.94128
0.05 ac
Non -wetland Waters
Q Section 10/404
2 Wetland
® Section 404
W 6A
35.18328
-82.941 137
0.02 ac
❑ Non -wetland Waters
❑ Section 10/404
Z Wetland
Z Section 404
W 7
35.182151
-82,942415
0.1 ac
❑ Nara -wetland Waters
❑ Section 10/404
Wetland
® Section 404
W 8
35,184325
-92.938741
0.06 ac
❑ Nan -wetland Waters
❑ Section t0/404
® Wetland
Section 404
W 9
35.183534
-82.946157
0. I5 ac
❑ Non -wetland Watersl
Section 10/404
'Review area for estimated amount of aquatic resource is the area within the proposed easement
2 All UTs are unnatned tributaries of the West Fork French Broad River

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 11) (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,
In any circumstance where a permit applicant obtains an individual. permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- comtructiott 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 ofjurisdictional 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 preliminary .JD (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 preliminary Jr) requester: H DR Engineering, Inc.
® Data sheets prepared/submitted by or on behalf of preliminary JD requester. HDR Engineering, Inc.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data slieets/delineation report_ Rational:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS S and 12 digit 1-r[JC maps.
® USGS map(s)_ Cite scale & quad name: Lake Toxaway.
® Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Transylvania County, NC
❑ National wetlands inventory (NWI.) map(s). Cite name:
D State/Local wetland inventory map(s);
® Federal Emergency Management Agency (FEMA) / Flood Insurance bate Map (FIRM) maps; Map No. 3700852400.J,
effective date October 2, 2009
0 100-year Floodplain Elevation is: (National Geodectic Vertical datum of 1929)

k Photographs: Z Aerial (Name & Date): Google Earth Pro, Apr. 2018, Mar. 2017, Oct. 2015, Apr. 2014, Feb. 2012,
Jun. 2008, Jun, 2006, Apr. 1998, and Mar. 1995
or ❑ Other (Name & Date):
❑ Previous determination(s). File no_ and date of response letter:
[� ApplicabWsupporting scientific literature:
Other information (please specify): The site contains wetlands as determined by the 1987 Carps of Engineers Welland
Dellneadon Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site and
flow into the channels. Wetland hydrology is enhanced with the abutting stream channels via normal down gradient
flows and periods of high water.
The site also contains open water (impoundment) that abuts wetlands and is an impoundment of UT 5 at the site. The
impoundment receives waters and/or flow directly into associated abutting wetlands and/or stream.
The streams on the property are UTs of West Fork French Broad River and West Fork French Broad River, all
exhibit physical ordinary high water marl((OHWM) indicators including, break in slope; developed bed and bank;
changes in sediment texture and soil character; natural line impressed on the bank; shelving; absence of vegetation;
leaf litter washed away; sediment deposition and sorting; presence of fish and other aquatic life; water staining;
presence of debris; and scour. Some of the UTs and West Fork French Broad Inver are depicted as solid blue lines on
the USGS 7.5 minute quadrangle map Lake Toxaway and the most current Natural Resource Conservation Service
Soil Survey for Transylvania County. Solid blue line features on these mapping conventions typically represent
perennial streams.
The UTs West Fork. French Broad River flaw into the West Fork French Broad River, which flows into the French
Broad River, a traditional navigable river, The French Broad River merges with the Holston River to form the
Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf
of Mexico.
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.
1 17)�"7?-- -
David Brown, September 14, 2018
Signature and date of Regulatory
staff member completing
preliminary JD
Bonnie Owen (Property Owner)
OR
IIDR Fngincering, Inc. of the Carolinas / Attn.:
Benjamin Farr
(per Agent Authorization)
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
signature is impracticable)
Two copies of this Prelhninfrry JD Fortat have been provided. Please sign hoth coples. keep one signed copy for your record
and return a signed copy io the Asheville Regulatory Field Offlee by mall or e-mail.
US Army Carps of Engineers -Wilmington District
Asheville Regulatory Field DfJlee
151 Patton Avenue, Room 208
Asheville, NC.28801-5006
i5isii-icts may establish timeframcs for requester to return signed ?JD forms, lithe requester does not respond within the established time
frame, the district may presume conauuonco and no additional follow up is necessary Prior to finalizing an action.
l ()

hdrinc.com
555 Fayetteville StreetSuites 900 & 210Raleigh, NC 27601-3034 [phone]
December 12, 2018
Paul Wiesner DMS Western Regional Supervisor 5 Ravenscroft Drive, Suite 102 Asheville, NC 28801
Dear Mr. Wiesner,
Attached is the Categorical Exclusion, all supporting documentation and any relevant correspondence for the Owen Farms Mitigation Site in Transylvania County, North Carolina. The purpose of Categorical Exclusion documentation is to assist the North Carolina Division of Mitigation Services in satisfying the Federal Highway Administration’s (FHWA) obligation to ensure compliance with various federal environmental laws and regulations.
Correspondence between HDR and any federal, state or municipal agency is included within the supporting documentation of the Categorical Exclusion, with the intent of providing justification for satisfied compliance with each regulation. This includes correspondence and/or responses from: US Fish and Wildlife Service; North Carolina Wildlife Resources Commission (NCWRC); North Carolina State Historic Preservation Office (SHPO); Natural Resources Conservation Service; United Keetoowah Band of Cherokee Indians; Cherokee Nation; and Eastern Band of Cherokee Indians.
Threatened and Endangered species surveys were conducted in June 2018 for mountain sweet pitcherplant (Sarracenia rubra ssp. jonesii), small whorled pogonia (Isotria
medeoloides), swamp pink (Helonias bullata), and Virginia spiraea (Spiraea virginiana). No threatened or endangered species were identified during the surveys. The Site does not provide habitat for spreading avens (Geum radiatum) or rock gnome lichen (Gymnoderma lineare) therefore surveys were not conducted. Details concerning the surveys and other threatened and endangered species listed for Transylvania County are provided in the attached documentation.
NCWRC noted that rainbow trout and brown trout are present in the vicinity of the project and a trout moratorium may be required. In addition, Eastern hellbender (Cryptobranchus alleganiensis) is known to occur in the project vicinity. HDR will coordinate with NCWRC during the project design phase to discuss issues regarding the Eastern hellbender.
SHPO conducted a review of the project and determined that there are no historic resources which would be affected by the project; therefore, they had no comment on the project as proposed.
The Environmental Data Recourses (EDR) Report is included within the supporting documentation enclosed.

Sincerely, HDR Engineering, Inc. of the Carolinas
Benjamin N. Furr
HDR Project Manager

Environmental
Documentation
Owen Farms Stream and Wetland Mitigation
Site (DMS # 100064, Contract # 7532)
Categorical Exclusion
Lake Toxaway, NC
December 12, 2018

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)

December 12, 2018 | i
Contents
1 Categorical Exclusion Form Items ...................................................................................................... 1
1.1 CZMA ........................................................................................................................................ 1
1.2 CERCLA .................................................................................................................................... 1
1.3 National Historic Preservation Act (Section 106) ...................................................................... 1
1.4 Uniform Act ................................................................................................................................ 1
1.5 American Indian Religious Freedom Act ................................................................................... 1
1.6 Antiquities Act ............................................................................................................................ 2
1.7 Archaeological Resources Protection Act ................................................................................. 2
1.8 Endangered Species Act ........................................................................................................... 2
1.9 Executive Order 13007 (Indian Sacred Sites) ........................................................................... 7
1.10 Farmland Protection Policy Act ................................................................................................. 7
1.11 Fish and Wildlife Coordination Act ............................................................................................ 7
1.12 Land and Water Conservation Act ............................................................................................ 7
1.13 Magnuson-Stevens Fishery Conservation and Management Act ............................................. 7
1.14 Migratory Bird Treaty Act........................................................................................................... 7
1.15 Wilderness Act .......................................................................................................................... 7

Tables
Table 1-1. Federally Listed Threatened or Endangered Species for Transylvania County, NC ................... 6

Appendices
Appendix A. CE Form ................................................................................................................................A-1
Appendix B. EDR Report ...........................................................................................................................B-1
Appendix C. NRCS Farmland Conversion Impact Rating Form ............................................................... C-1
Appendix D. Agency Correspondence Letters and Response ................................................................. D-1
Appendix E. Landowner Correspondence .................................................................................................E-1

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
ii | December 12, 2018
This page is intentionally left blank.
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
December 12, 2018 | 1
1 Categorical Exclusion Form Items
1.1 CZMA
•Not applicable, Burke County is not a Coastal Area Management Act (CAMA)
county.
1.2 CERCLA
•The project is a full delivery project.
•This site is not zoned according to Transylvania County’s GIS website
(https://www.webgis.net/nc/transylvania/)
•See attached Executive Summary of the limited Phase 1 Site Assessment (EDR
Radius Map Report with GeoCheck).
1.3 National Historic Preservation Act (Section 106)
•See the attached letter to the State Historic Preservation Office dated August 16,
2018 and the response dated September 10, 2018.
•SHPO conducted a review of the project and determined that there are no
historic resources which would be affected by the project; therefore, they had no
comment on the project as proposed.
1.4 Uniform Act
•The project is a full delivery project.
•The acquisition of real estate will be required.
•The property acquisition was not completed prior to the intent to use federal
funds.
•The landowner, Mrs. Bonnie Owen, has been notified in writing (prior to
acquisition) that the acquiring entity does not have condemnation authority, and
what the fair market value is believed to be of the property. See attached letter
to Mrs. Owen dated August 16, 2018.
1.5 American Indian Religious Freedom Act
•Transylvania County is located in a county claimed by the Eastern Band of
Cherokee Indians.
•See the attached correspondence letter sent to the Eastern Band of Cherokee
Indians dated August 16, 2018 and letters sent to Cherokee Nation and United
Keetoowah Band of Cherokee Indians dated October 5, 2018. In a response
letter dated October 31, 2018 (attached), the United Keetoowah Band of
Cherokee Indians stated that their records indicate no properties of significance
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
2 | December 12, 2018
within the APE for this project. In a response letter dated November 28, 2018
(attached), the Cherokee Nation noted that their records show no instances
where this project intersects or adjoins properties of significance.
1.6 Antiquities Act
• Not applicable, as the project is not located on Federal lands.
1.7 Archaeological Resources Protection Act
• Not applicable, as the project is not located on Federal or Indian lands.
1.8 Endangered Species Act
• See the attached letter to the US Fish and Wildlife Service (USFWS) dated
August 16, 2018.
• Transylvania County has 12 federally listed species as Threatened or
Endangered (Table 1-1). Records at the North Carolina Natural Heritage
Program (NHP) do not indicate an occurrence of a federally threatened or
endangered species on the Site. The Site provides habitat for several of the
listed species as indicated in Table 1-1. Surveys were conducted in June 2018
for mountain sweet pitcherplant (Sarracenia rubra ssp. jonesii), small whorled
pogonia (Isotria medeoloides), swamp pink (Helonias bullata), and Virginia
spiraea (Spiraea virginiana). No threatened or endangered species were
identified during the surveys. The Site does not provide habitat for spreading
avens (Geum radiatum), rock gnome lichen (Gymnoderma lineare), Carolina
northern flying squirrel (Glaucomys sabrinus coloratus), or gray bat (Myotis
grisescens) therefore surveys were not conducted.
• Small whorled pogonia – Habitat for the small whorled pogonia can be limited by
shade. The species seems to require small light gaps, or canopy breaks, and
generally grows in areas with sparse to moderate ground cover. Too many other
plants in an area can be harmful to this plant. This orchid typically grows under
canopies that are relatively open or near features that create long-persisting
breaks in the forest canopy such as a road or a stream. It grows in mixed-
deciduous or mixed-deciduous/coniferous forests that are generally in second- or
third-growth successional stages. The soils in which it lives are usually acidic,
moist, and have very few nutrients. Suitable habitat for the small whorled pogonia
is present in the forested areas adjacent to UT 1, UT 2, and UT 4. No species
were identified during surveys in June 2018. Biological conclusion: No Effect
• Mountain sweet pitcher plant - Mountain sweet pitcher plant, endemic to the Blue
Ridge Mountains of North and South Carolina, is found along stream banks and
in shrub/herb-dominated, seepage-fed mountain bogs (Southern Appalachian
Bog-Southern Subtype). Both stream bank and bog habitats are usually situated
along intermittently exposed to intermittently flooded level depressions
associated with valley floodplains. These habitats, typically on soils of the
Toxaway or Hatboro series, contain deep, poorly drained, saturated soils of loam,
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)

December 12, 2018 | 3
sand, and silt with a high organic matter content and medium to high acidity. A
few occurrences of the pitcher plant also grow in cataract bogs, either in thin
strips along the edges of waterfalls or on soil islands over granite rock faces,
where sphagnum and other bog plant species line the sides. This early
successional species relies on natural disturbance (e.g., drought, water
fluctuation, periodic fire, ice damage) to maintain its habitat by preventing the
establishment of later successional woody seedlings. Portions of wetland W1
on-site provide habitat for mountain sweet pitcher plant. No species were
identified during surveys in June 2018. Biological Conclusion: No Effect
• Rock gnome lichen – Habitat for the rock gnome lichen is primarily limited to
vertical rock faces where seepage water from forest soils above flows during
(and only during) very wet times. The species needs a moderate amount of light,
but that it cannot tolerate high-intensity solar radiation. It does well on moist,
generally open, sites, with northern exposures, but needs at least partial canopy
coverage where the aspect is southern or western. Suitable habitat for the rock
gnome lichen is not available on-site. Biological conclusion: No Effect
• Spreading avens - Spreading avens occurs in areas exposed to full sun on high
elevation cliffs, outcrops, and bases of steep talus slopes. This perennial herb
also occurs in thin, gravelly soils of grassy balds near summit outcrops. The
species prefers a northwest aspect, but can be found on west-southwest through
northnortheast aspects. Forests surrounding known occurrences are generally
dominated by either red spruce-Fraser fir, northern hardwoods with scattered
spruce, or high-elevation red oaks. Spreading avens typically occurs in shallow,
acidic soil (such as the Burton series) in cracks and crevices of igneous,
metamorphic, or metasedimentary rocks. Soils may be well drained but almost
continuously wet, with soils at some known occurrences subject to drying out in
summer due to exposure to sun and shallow depths. Known populations occur at
elevations ranging from 4,296 to 6,268 feet above mean sea level. Blue Ridge
goldenrod, Heller’s blazing star, and Roan Mountain bluet are a few of its
common associate species. Suitable habitat for spreading avens is not available
on-site. Biological Conclusion: No Effect
• Swamp pink - Swamp pink occurs in clonal clumps in a variety of groundwater
influenced wetland habitats including southern Appalachian bogs and swamps,
Atlantic white cedar swamps, swampy forests bordering meandering small
streams, boggy meadows, headwater wetlands, and spring seepage areas. The
perennial herb requires a constantly saturated, but not flooded, water supply. The
plant often grows on hummocks formed by trees, shrubs, and sphagnum moss,
and exhibits varying degrees of shade tolerance. Swamp pink occurs in acidic
soils that contain a very thin layer of decomposed organic matter over a dark silt
loam and a subsoil of sand, loam, and gravel. Wetlands on-site provide suitable
habitat for swamp pink. No species were identified during surveys in June 2018.
Biological Conclusion: No Effect
• Virginia spiraea - Virginia spiraea occurs in flood-scoured, high-gradient sections
of rocky river banks of second and third order streams, often in gorges or
canyons. This perennial shrub grows in sunny areas on moist, acidic soils,
primarily over sandstone. The shrub tends to be found in thickets with little
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
4 | December 12, 2018
arboreal or herbaceous competition along early successional areas that rely on
periodic disturbances such as high-velocity scouring floods to eliminate such
competition. Virginia spiraea also occurs on meander scrolls and point bars,
natural levees, and other braided features of lower stream reaches, often near
the stream mouth. Scoured, riverine habitat sites are found where deposition
occurs after high water flows, such as on floodplains and overwash islands,
rather than along areas of maximum erosion. Occurrences in depositional
habitats are found among riparian debris piles, on fine alluvial sand and other
alluvial deposits, or between boulders. West Fork French Broad River provides
suitable habitat for Virginia spiraea. No species were identified during surveys in
June 2018. Biological Conclusion: No Effect
• Carolina northern flying squirrel - There are several isolated populations of the
Carolina northern flying squirrel in the mountains of North Carolina. This
nocturnal squirrel prefers the ecotone between coniferous (red spruce, Fraser fir,
or hemlock) and mature northern hardwood forests (beech, yellow birch, maple,
hemlock, red oak, and buckeye), typically at elevations above 4,500 feet mean
sea level. In some instances, the squirrels may be found on narrow, north-facing
valleys above 4,000 feet mean sea level. Both forest types are used to search for
food and the hardwood forest is used for nesting sites. Mature forests with a thick
evergreen understory and numerous snags are most preferable. In winter,
squirrels inhabit tree cavities in older hardwoods, particularly yellow birch.
Suitable habitat for Carolina northern flying squirrel is not available on-site.
Biological Conclusion: No Effect
• Northern long-eared bat – In North Carolina, the Northern long-eared bat (NLEB)
occurs in the mountains, with scattered records in the Piedmont and coastal
plain. In western North Carolina, NLEB spend winter hibernating in caves and
mines. Since this species is not known to be a long-distance migrant, and caves
and subterranean mines are extremely rare in eastern North Carolina, it is
uncertain whether or where NLEB hibernate in eastern North Carolina. During
the summer, NLEB roost singly or in colonies underneath bark, in cavities, or in
crevices of both live and dead trees (typically ≥3 inches dbh). Males and non-
reproductive females may also roost in cooler places, like caves and mines. This
bat also been found, rarely, roosting in structures like barns and sheds, under
eaves of buildings, behind window shutters, in bridges, and in bat houses.
Foraging occurs on forested hillsides and ridges, and occasionally over forest
clearings, over water, and along tree-lined corridors. Mature forests may be an
important habitat type for foraging.
Forested habitats containing trees at least 3-inch DBH in the project area provide
suitable habitat for NLEB. Due to the decline of the NLEB population from the
White Nose Syndrome (WNS), the United States Fish and Wildlife Service
(USFWS) has issued the finalization of a special rule under section 4(d) of the
ESA to address the effects to the NLEB resulting from purposeful and incidental
take based on the occurrence of WNS. Because the project is located within a
WNS zone and will include the removal/clearing of trees, it is subject to the final
4(d) ruling. A review of NCNHP records did not indicate any known NLEB
populations within 5 miles of the study area; therefore, the project is eligible to
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Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)

December 12, 2018 | 5
use the NLEB 4(d) Rule Streamlined Consultation Form to meet regulatory
requirements for section 7(a)(2) compliance 4(d) consultation. The completed
NLEB 4(d) Consultation Form was submitted to the USFWS by the Federal
Highway Administration (FHWA) on October 22, 2018.
To meet regulatory requirements, a letter requesting comment from the USFWS
was sent on August 16, 2018. No response from the USFWS was received within
the 30-day response period. Therefore, the signing of the NLEB 4(d) Rule
Streamlined Consultation Form by the FHWA determines that this project may
affect the NLEB, but that any resulting incidental take of the NLEB is not
prohibited by the final 4(d) rule. A FHWA signed 4(d) Consultation Form and the
correspondence associated with this determination are included in the supporting
documentation.
• Gray bat - Gray bats are known mainly from the cave regions of the Southeast
and Midwest. They live in colonies in caves, utilizing different caves for summer
roosting and winter hibernating. Summer caves are usually within one half mile of
a river or reservoir, which provides foraging habitat. During the summer, females
give birth and rear the young in maternity caves, while males and yearlings roost
in separate bachelor caves. Caves preferred for hibernation are typically deep,
vertical caves with a temperature between 42 and 52 degrees Fahrenheit. Gray
bats are highly selective in choosing suitable caves, and nine known caves are
thought to provide hibernation space for 95 percent of the population. Migration
from summer to winter caves begins in September and is mainly complete by the
beginning of November. Suitable habitat for gray bat is not present on-site.
Biological Conclusion: No Effect
• Appalachian elktoe - The Appalachian elktoe is known from the French Broad
River watershed in North Carolina. The Appalachian elktoe has been observed in
moderate- to fast-flowing water, in gravelly substrates often mixed with cobble
and boulders, in cracks of bedrock and in relatively silt-free, coarse, sandy
substrates. Apparently, stability of the substrate is critical to this species, as it is
seldom found in stream reaches with accumulations of silt or shifting sand,
gravel, or cobble. The Site is not designated as Critical Habitat for the
Appalachian elktoe and does not provide suitable habitat. West Fork French
Broad River is unstable as it flows through the Site, with sediment deposition
forming mid-channel and side bars throughout the Site. Biological Conclusion:
No Effect
• Rusty-patched bumble bee - Rusty patched bumble bees once occupied
grasslands and tallgrass prairies of the Upper Midwest and Northeast, but most
grasslands and prairies have been lost, degraded, or fragmented by conversion
to other uses. Bumble bees need areas that provide nectar and pollen from
flowers, nesting sites (underground and abandoned rodent cavities or clumps of
grasses), and overwintering sites for hibernating queens (undisturbed soil). The
only known active occurrence in North Carolina is in Swain County. Pastures on-
site provide suitable habitat but no survey is recommended as the population is
listed as historic in Transylvania County. Biological Conclusion: No Effect
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
6 | December 12, 2018
• Bog turtle – Habitat for the bog turtle is in the mud, grass and sphagnum moss of
bogs, swamps, and marshy meadows. These wetlands are usually fed by cool
springs flowing slowly over the land, creating the wet, muddy soil needed by the
turtles. Suitable habitat is present within portions of wetland W1.

Table 1-1. Federally Listed Threatened or Endangered Species for Transylvania
County, NC
Common Name Scientific Name Federal Status State Status Habitat Present Biological
Conclusion
Bog Turtle Glyptemys
muhlenbergii
T (S/A) -- Yes (portions of
wetland W1)
--
Carolina
northern flying
squirrel
Glaucomys
sabrinus
coloratus
E E No (typically
occur at higher
elevations)
No Effect
Gray bat Myotis
grisescens
E E No (typically
roost in caves
year-round)
No Effect
Northern long-
eared bat
Myotis
septentrionalis
T T Yes (mature
trees)
--
Appalachian
elktoe
Alasmidonta
raveneliana
E E No (West Fork
French Broad
River on-site
does not provide
the stable
habitat required)
No Effect
Rusty-patched
bumble bee
Bombus affinis E W1 Yes (pasture
and wooded
areas)
No Effect
Mountain sweet
pitcherplant
Sarracenia rubra
ssp. jonesii
E E Yes (portions of
wetland W1)
No Effect
Small whorled
pagonia
Isotria
medeoloides
T T Yes (forested
areas adjacent
to unnamed
tributaries on-
site)
No Effect
Spreading avens Geum radiatum E E No (typically
occur at higher
elevations)
No Effect
Swamp pink Helonias bullata T T Yes (wetlands
on-site)
No Effect
Virginia spiraea Spiraea
virginiana
T T Yes (along
streams on-site)
No Effect
Rock gnome
lichen
Gymnoderma
lineare
E E No (typically
occurs on
vertical rock
faces)
No Effect
* T – Threatened; E – Endangered; T(S/A) – Threatened due to Similarity of Appearance; W1 –
Population Decline in NC

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)

December 12, 2018 | 7

1.9 Executive Order 13007 (Indian Sacred Sites)
• Not applicable, as the project is not located on Federal lands.
1.10 Farmland Protection Policy Act
• See the attached USDA Form AD-1006 completed and signed by Milton Cortés,
USDA Assistant State Soil Scientist.
1.11 Fish and Wildlife Coordination Act
• See the attached letter to the USFWS and the NC Wildlife Resources
Commission, both dated August 16, 2018. See response from NC Wildlife
Resources Commission dated September 13, 2018.
• NCWRC noted that rainbow trout and brown trout are present in the vicinity of the
project and a trout moratorium may be required. In addition, Eastern hellbender
(Cryptobranchus alleganiensis) is known to occur in the project vicinity. HDR will
coordinate with NCWRC during the project design phase to discuss issues
regarding the Eastern hellbender.
1.12 Land and Water Conservation Act
• The project will not convert recreation lands purchased or improved with Section
6(f) funds. Further, the site is not listed on the Section 6(f)-funded properties for
each county in North Carolina: https://waso-lwcf.ncrc.nps.gov/public/index.cfm
1.13 Magnuson-Stevens Fishery Conservation and
Management Act
• Not applicable, the project is not located in an estuarine system.
1.14 Migratory Bird Treaty Act
• See the attached letters to the USFWS and the NCWRC, both dated August 16,
2018.
1.15 Wilderness Act
• Not applicable. The project is not located in a Wilderness area
(http://www.wilderness.net/NWPS/stateView?state=NC). Middle Prong
Wilderness and Shining Rock Wilderness are the nearest wilderness areas. The
Site approximately five miles north of Lake Toxaway.
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)

December 12, 2018 | A-1
Appendix A. CE Form

Appendix A
Categorical Exclusion Form for Ecosystem Enhancement
Program Projects
Version 1.4
Note: Only Appendix A should be submitted (along with any supporting documentation) as the
environmental document.
art 1: General Project Information
Project Name: Owen Farms Stream and Weand MitgatFor Project
County Name: Tran lyanie
EEP Number: i000e4
Project Sponsor: HDR
Project Contact Name: Ben Fur
Project Contact Address. S55Fayettevillesttot, Suite 900 Raleigh, NC 27601
Project Contact E-mail: [e-mail]
EEP Pr "ect Mena • er:
Restoration, enhancement and preservation
Specifically, restoration and enhancement
tributaries and wetlands.
Paul sner
Project Description
of streams and wetlands within the French Broad River Basin.
of West Fork French Broad River and several associated unnamed
For Official Use Only
Reviewed By:
12/13/18 7L a444. 14(teirtterv
Date EEP Project Manager
Conditional Approved By:
Date For Division Administrator
FHWA
outstanding issues Check this box if there are
Final Approval By:
te
Date For Division Administrator
FHWA
6 Version 1.4, 8/18/05
Part 2: All Projects
Regulation/Question Response
Coastal Zone Management Act (CZMA)
1. Is the project located in a CAMA county? Yes
No
2. Does the project involve ground-disturbing activities within a CAMA Area of
Environmental Concern (AEC)?
Yes
No
N/A
3. Has a CAMA permit been secured? Yes
No
N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
Program?
Yes
No
N/A
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
1. Is this a “full-delivery” project? Yes
No
2. Has the zoning/land use of the subject property and adjacent properties ever been
designated as commercial or industrial?
Yes
No
N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
hazardous waste sites within or adjacent to the project area?
Yes
No
N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
waste sites within or adjacent to the project area?
Yes
No
N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
waste sites within the project area?
Yes
No
N/A
6. Is there an approved hazardous mitigation plan? Yes
No
N/A
National Historic Preservation Act (Section 106)
1. Are there properties listed on, or eligible for listing on, the National Register of
Historic Places in the project area?
Yes
No
2. Does the project affect such properties and does the SHPO/THPO concur? Yes
No
N/A
3. If the effects are adverse, have they been resolved? Yes
No
N/A
Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act)
1. Is this a “full-delivery” project? Yes
No
2. Does the project require the acquisition of real estate? Yes
No
N/A
3. Was the property acquisition completed prior to the intent to use federal funds? Yes
No
N/A
4. Has the owner of the property been informed:
* prior to making an offer that the agency does not have condemnation authority; and
* what the fair market value is believed to be?
Yes
No
N/A
Version 1.4, 8/18/05 7
Part 3: Ground-Disturbing Activities
Regulation/Question Response
American Indian Religious Freedom Act (AIRFA)
1. Is the project located in a county claimed as “territory” by the Eastern Band of
Cherokee Indians?
Yes
No
2. Is the site of religious importance to American Indians? Yes
No
N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic
Places?
Yes
No
N/A
4. Have the effects of the project on this site been considered? Yes
No
N/A
Antiquities Act (AA)
1. Is the project located on Federal lands? Yes
No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
of antiquity?
Yes
No
N/A
3. Will a permit from the appropriate Federal agency be required? Yes
No
N/A
4. Has a permit been obtained? Yes
No
N/A
Archaeological Resources Protection Act (ARPA)
1. Is the project located on federal or Indian lands (reservation)? Yes
No
2. Will there be a loss or destruction of archaeological resources? Yes
No
N/A
3. Will a permit from the appropriate Federal agency be required? Yes
No
N/A
4. Has a permit been obtained? Yes
No
N/A
Endangered Species Act (ESA)
1. Are federal Threatened and Endangered species and/or Designated Critical Habitat
listed for the county?
Yes
No
2. Is Designated Critical Habitat or suitable habitat present for listed species? Yes
No
N/A
3. Are T&E species present or is the project being conducted in Designated Critical
Habitat?
Yes
No
N/A
4. Is the project “likely to adversely affect” the species and/or “likely to adversely modify”
Designated Critical Habitat?
Yes
No
N/A
5. Does the USFWS/NOAA-Fisheries concur in the effects determination? Yes
No
N/A
6. Has the USFWS/NOAA-Fisheries rendered a “jeopardy” determination? Yes
No
N/A
Version 1.4, 8/18/05 8
Executive Order 13007 (Indian Sacred Sites)
1. Is the project located on Federal lands that are within a county claimed as “territory”
by the EBCI?
Yes
No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
project?
Yes
No
N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred
sites?
Yes
No
N/A
Farmland Protection Policy Act (FPPA)
1. Will real estate be acquired? Yes
No
2. Has NRCS determined that the project contains prime, unique, statewide or locally
important farmland?
Yes
No
N/A
3. Has the completed Form AD-1006 been submitted to NRCS? Yes
No
N/A
Fish and Wildlife Coordination Act (FWCA)
1. Will the project impound, divert, channel deepen, or otherwise control/modify any
water body?
Yes
No
2. Have the USFWS and the NCWRC been consulted? Yes
No
N/A
Land and Water Conservation Fund Act (Section 6(f))
1. Will the project require the conversion of such property to a use other than public,
outdoor recreation?
Yes
No
2. Has the NPS approved of the conversion? Yes
No
N/A
Magnuson-Stevens Fishery Conservation and Management Act (Essential Fish Habitat)
1. Is the project located in an estuarine system? Yes
No
2. Is suitable habitat present for EFH-protected species? Yes
No
N/A
3. Is sufficient design information available to make a determination of the effect of the
project on EFH?
Yes
No
N/A
4. Will the project adversely affect EFH? Yes
No
N/A
5. Has consultation with NOAA-Fisheries occurred? Yes
No
N/A
Migratory Bird Treaty Act (MBTA)
1. Does the USFWS have any recommendations with the project relative to the MBTA? Yes
No
2. Have the USFWS recommendations been incorporated? Yes
No
N/A
Wilderness Act
1. Is the project in a Wilderness area? Yes
No
2. Has a special use permit and/or easement been obtained from the maintaining
federal agency?
Yes
No
N/A
Version 1.4, 8/18/05 9
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
December 12, 2018 | B-1
Appendix B. EDR Report
(Full Report Available Upon Request)
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
December 12, 2018 | C-1
Appendix C. NRCS Farmland Conversion Impact
Rating Form
(Full Report Available Upon Request)
Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
December 12, 2018 | D-1
Appendix D. Agency Correspondence Letters and
Response
(Full Report Available Upon Request)
North Carolina Department of Natural and Cultural Resources
State Historic Preservation Office
Ramona M. Bartos, Administrator
Governor Roy Cooper Office of Archives and History
Secretary Susi H, I Iamilton Deputy Secretary Kevin Cherry
September 10, 2018
Ben Furr
HDR, Inc.
555 Fayetteville Street, Suites 900 & 210
Raleigh, NC 27601-3034
Re: Owen Farms Stream and Wetland Mitigation Site, Transylvania County, ER 18-2120
Dear Mr. Furr:
Thank you for your letter of August 16, 2018, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
uc}nnmital,r-view it ncder.gc�v. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
60�'Ramona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599

From:DiGeronimo, Alex
To:Furr, Benjamin
Subject:Fwd: NOAA Categorical Exclusion Letter - Owen Farms
Date:Thursday, August 30, 2018 2:11:16 PM
Sent from my Verizon, Samsung Galaxy smartphone
-------- Original message --------
From: Twyla Cheatwood - NOAA Federal <[e-mail]>
Date: 8/30/18 2:07 PM (GMT-05:00)
To: "DiGeronimo, Alex" <[e-mail]>
Subject: Re: NOAA Categorical Exclusion Letter - Owen Farms
Alex,
The NMFS has reviewed your request for consultation on the Owen Farms stream and wetland
mitigation site. The project area does not impact EFH for federally managed fish species.
NMFS has no comments or objections to the project.
Thank you for your coordination,
Twyla
On Thu, Aug 16, 2018 at 2:02 PM, DiGeronimo, Alex <[e-mail]>
wrote:
Good afternoon Ms. Cheatwood,

My name is Alex DiGeronimo and I work for HDR in the Raleigh office as part of the
Ecological Restoration group. We are currently working through the Categorical Exclusion
process for a stream and wetland mitigation site in Transylvania County. Attached to this e-
mail is a digital copy of the Categorical Exclusion Scoping letter for the site and
corresponding map packages. I have also mailed you hard copies of the letter and maps that
should arrive at your office within the next few days.

Please contact me if you need any further information for your review.

Alex DiGeronimo
Ecological Restoration Group
HDR
555 Fayetteville Street, Suite 900
Raleigh, NC 27601-3034
D 919.900.1645 M 603.545.5121
[e-mail]
hdrinc.com/follow-us

--
Twyla H Cheatwood
Fishery Biologist
Southeast Region, Habitat Conservation Division
NOAA Fisheries
Beaufort, NC 28516
Office: [phone]
[e-mail]
Web www.nmfs.noaa.gov
Facebook www.facebook.com/usnoaafisheriesgov
Twitter www.twitter.com/noaafisheries
YouTube www.youtube.com/usnoaafisheriesgov
North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
September 13, 2018

Ben Furr
HDR, Inc
555 Fayetteville St., Suites 900 & 210
Raleigh, NC 27601

SUBJECT: Owen Farms Stream and Wetland Mitigation Site

Dear Mr. Furr:

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your
August 16, 2018 letter regarding plans for a stream and wetland mitigation project on the West
Fork French Broad River and unnamed tributaries as well as wetlands in Transylvania County.
You requested review and comment on any possible issues that might emerge with respect to fish
and wildlife associated with the project. Our comments on this project are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish
and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).

Details were not provided in the letter on design nor the size of the project. The project is
proposed as a mitigation project.

There are Rainbow Trout and Brown Trout in the vicinity of the project, and a trout moratorium
may be required. In addition, the Eastern Hellbender (Cryptobranchus alleganiensis, US Federal
Species of Concern and Candidate species, NC Special Concern). Depending on the extent of
work proposed, we may recommend that special efforts be made to reduce impacts to and
improve hellbender habitat. We recommend that HDR reach out to Andrea Leslie at NCWRC
([e-mail]) during the project design phase to coordinate on issues regarding
the Eastern Hellbender.

We recommend that riparian buffers that are to be reestablished be as wide as possible, given site
constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on
perennial streams to maximize the benefits of buffers, including bank stability, stream shading,
treatment of overland runoff, and wildlife habitat.

Owen Farms Stream & Wetland Mitigation Page 2 September 13, 2018
Transylvania Co
Thank you for the opportunity to review and comment on this project. Please contact me at
[phone] if you have any questions about these comments.

Sincerely,
Andrea Leslie
Mountain Region Coordinator
Habitat Conservation Program

ec: Paul Wiesner, NC Division of Mitigation Services

hdrinc.com
555 Fayetteville StreetSuites 900 & 210Raleigh, NC 27601-3034
[phone]

Marella Buncick
[e-mail]
US Fish and Wildlife Service
Asheville Field Office
https://www.fws.gov/asheville/
160 Zillicoa Street
Asheville, NC 28801

Subject: Owen Farms Stream and Wetland Mitigation Site
DMS stream mitigation project in Transylvania County

Project Name: Owen Farms Stream and Wetland Mitigation Site

NCDEQ DMS Full-Delivery Project ID #: 100064

NC DMS Consultant/Contractor, contact information: HDR, Ben Furr 919-900-1613

Project Location: The Site is located within the 06010105010020 14-digit Hydrologic Unit of
Cataloging Unit 06010105 of the French Broad River Basin. The Site is located approximately 3
miles north of Lake Toxaway in Transylvania County, NC.

Dear Ms. Buncick,

The Owen Farms site has been identified for the purpose of providing compensatory mitigation for
unavoidable stream channel and wetland impacts. Several sections of West Fork French Broad
River (WFFBR) and multiple unnamed tributaries of WFFBR have been identified as significantly
degraded. The streams have been identified as degraded due to actively eroding banks primarily
caused by a lack of deeply rooted stream bank and riparian vegetation, as well as cattle access to
the streams as a shading and watering source. Wetlands on-site are also impacted by direct cattle
access, ditching, and agricultural maintenance practices.

We have already obtained an updated species list for Transylvania County from your web site
(https://www.fws.gov/raleigh/species/cntylist/nc_counties.html). The threatened or endangered
species for this county are: Appalachian elktoe (Alasmidonta raveneliana), spreading avens (Geum
radiatum), small whorled pogonia (Isotria medeoloides), swamp pink (Helonias bullata), mountain
sweet pitcher plant (Sarracenia rubra ssp. jonesii), Virginia spiraea (Spiraea virginiana) , rock
gnome lichen (Gymnoderma lineare) , Carolina northern flying squirrel (Glaucomys sabrinus
coloratus) , northern long-eared bat (Myotis septentrionalis) , and bog turtle (Clemmys
muhlenbergii). We are requesting that you please provide any known information for each

hdrinc.com
555 Fayetteville StreetSuites 900 & 210Raleigh, NC 27601-3034
[phone]

species in the county. The USFWS will be contacted if we determine that the project may affect
one or more federally listed species, or designated critical habitat.

Please provide comments on any possible issues that might emerge with respect to endangered
species, migratory birds or other trust resources from the construction of a wetland and/or stream
restoration project on the subject property. A USGS map showing the approximate property lines
and a map showing areas of potential ground disturbance are enclosed.

If we have not heard from you in 30 days we will assume that our species list is correct, that you
do not have any comments regarding associated laws, and that you do not have any information
relevant to this project at the current time.

We thank you in advance for your timely response and cooperation. Please feel free to contact us
with any questions that you may have concerning the extent of site disturbance associated with
this project.

Sincerely,

HDR

Ben Furr

cc:
Paul Wiesner
DMS Western Regional Supervisor
5 Ravenscroft Drive, Suite 102
Asheville, NC 28801
0 500Feet
O
Parcel Boundary
FIGURE 1- USGS TOPOGRAPHIC MAP
TRANSYLVANIA COUNTY, NC
OWEN FARMS STREAM AND WETLAND MITIGATION SITE
Lake Toxaway 7.5 Minute Topographic Quadrangle
¬«281
¬«281
Silverstein
Rd
Silverstein
R
d
O
LEGEND
Parcel Boundary
Proposed Easement/ Review Area
OWEN FARMS STREAM & WETLAND MITIGATION SITE
TRANSYLVANIA COUNTY, NORTH CAROLINA
FIGURE 2- PROPOSED EASEMENT BOUNDARY
0 200 400Feet
From:Brew, Donnie (FHWA)
To:[e-mail]
Cc:Wiesner, Paul; Furr, Benjamin
Subject:Owen Farms site DMS_mitigation project_Transylvania County_NLEB 4(d) rule consultation
Date:Monday, October 22, 2018 8:00:53 AM
Attachments:Owen Farms mitigation site 4(d) rule consultation form 10-22-18.pdf
Good morning Marella,

The purpose of this message is to notify your office that FHWA will use the streamlined
consultation framework for the Owen Farms Mitigation Site in Transylvania County, NC.

Attached is a completed NLEB 4(d) Rule Streamlined Consultation form with site maps/figures.

Thank you,

Donnie

Notifying the Service Under the Framework
Northern Long-Eared Bat 4(d) Rule Streamlined Consultation
Form
Federal agencies (or designated non-federal representatives) should use the Northern
Long-Eared Bat 4(d) Rule Streamlined Consultation form to notify the Service of their
project and meet the requirements of the framework.

Northern Long-Eared Bat 4(d) Rule Streamlined Consultation Form (Word document)
Information requested in the Northern Long-Eared Bat 4(d) Rule Streamlined
Consultation Form serves to
(1) notify the field office that an action agency will use the streamlined
framework;
(2) describe the project with sufficient detail to support the required
determination; and
(3) enable the USFWS to track effects and determine if reinitiation of
consultation for the 4(d) rule is required. This form requests the minimum
amount of information required for the Service to be able to track this
information.

Providing information in the Streamlined Consultation Form does not address section
7(a)(2) compliance for any other listed species.

Donnie Brew
Preconstruction & Environment Engineer
Federal Highway Administration
310 New Bern Ave, Suite 410
Raleigh, NC 27601
[e-mail]
919-747-7017

***Please consider the environment before printing this email.***

Northern Long-Eared Bat 4(d) Rule Streamlined Consultation Form
Federal agencies should use this form for the optional streamlined consultation framework for the northern long-
eared bat (NLEB). This framework allows federal agencies to rely upon the U.S. Fish and Wildlife Service’s
(USFWS) January 5, 2016, intra-Service Programmatic Biological Opinion (BO) on the final 4(d) rule for the
NLEB for section 7(a)(2) compliance by: (1) notifying the USFWS that an action agency will use the streamlined
framework; (2) describing the project with sufficient detail to support the required determination; and (3) enabling
the USFWS to track effects and determine if reinitiation of consultation is required per 50 CFR 402.16.
This form is not necessary if an agency determines that a proposed action will have no effect to the NLEB or if
the USFWS has concurred in writing with an agency's determination that a proposed action may affect, but is not
likely to adversely affect the NLEB (i.e., the standard informal consultation process). Actions that may cause
prohibited incidental take require separate formal consultation. Providing this information does not address
section 7(a)(2) compliance for any other listed species.
Information to Determine 4(d) Rule Compliance: YES NO
1. Does the project occur wholly outside of the WNS Zone 1? ☐ ☒
2. Have you contacted the appropriate agency 2 to determine if your project is near
known hibernacula or maternity roost trees? ☒ ☐
3. Could the project disturb hibernating NLEBs in a known hibernaculum? ☐ ☒
4. Could the project alter the entrance or interior environment of a known
hibernaculum? ☐ ☒
5. Does the project remove any trees within 0.25 miles of a known hibernaculum at
any time of year? ☐ ☒
6. Would the project cut or destroy known occupied maternity roost trees, or any
other trees within a 150-foot radius from the maternity roost tree from June 1
through July 31.
☐ ☒

You are eligible to use this form if you have answered yes to question #1 or yes to question #2 and no to
questions 3, 4, 5 and 6. The remainder of the form will be used by the USFWS to track our assumptions in the
BO.

Agency and Applicant3 (Name, Email, Phone No.):
Donnie Brew, [e-mail], 919-747-7017
Federal Highway Administration
Ben Furr, [e-mail], 919-900-1613
HDR
Project Name: Owen Farms Stream and Wetland Mitigation Site, DMS #100064
Project Location (include coordinates if known):
1 http://www.fws.gov/midwest/endangered/mammals/nleb/pdf/WNSZone.pdf 2 See http://www.fws.gov/midwest/endangered/mammals/nleb/nhisites.html 3 If applicable - only needed for federal actions with applicants (e.g., for a permit, etc.) who are party to the consultation.
The Site is located approximately 3 miles north of Lake Toxaway, NC Transylvania County. See Figure 1 for
Vicinity Map. Site coordinates: 35.183970 N, 82.938382 W
From Raleigh or eastern NC: I-40 west to exit 46A for I-26 E, merge onto I-26 E, go 9.1 miles; take exit 40 for
NC-280/Asheville Airport toward Arden, go 15.9 miles; continue onto US-276 S/US-64 W, go 3.9 miles; turn
right to stay on US-64 W, go 12.2 miles; turn right onto Kim Miller Rd, go 3.0 miles; turn right onto NC-281 N
and travel approximately 4.1 miles where the Site is on the left.
From Asheville or western NC: I-26 south for 12.6 miles; take exit 40 for NC-280/Asheville Airport toward
Arden, go 15.9 miles; continue onto US-276 S/US-64 W, go 3.9 miles; turn right to stay on US-64 W, go 12.2
miles; turn right onto Kim Miller Rd, go 3.0 miles; turn right onto NC-281 N, the site will be in approximately 4.1
miles on the left.
Basic Project Description (provide narrative below or attach additional information):

The Owen Farms Stream and Wetland Mitigation Site (Site) has been selected by the NC Division of Mitigation
Services (DMS) to provide Stream Mitigation Units (SMUs) and Wetland Mitigation Units (WMUs) in the
French Broad River basin (Hydrologic Unit Code 06010105). The Site is located within USGS 14-digit
hydrologic unit 06010105010020.
The Site encompasses approximately 22 acres of active cattle pasture and involves restoration, enhancement, and
preservation of 8,337 existing linear feet of stream including the West Fork French Broad River (WFFBR, Index
# 6-5-(0.5)) and 14 (fourteen) unnamed headwater tributaries (Figure 2). The North Carolina Department of
Environmental Quality (NCDEQ) classifies the WFFBR as a Class B; Trout water as it flows through the Site.
The intent of mitigation activities is to establish a stable stream and wetland system and provide functional uplift
to the existing landscape. Functional uplift will be provided through the restoration or enhancement of unstable
and eroding streams; restoration and enhancement of altered, filled, or cattle impacted wetlands; planting a
riparian buffer; and excluding cattle from the easement.
Tree removal associated with construction of the stream and wetland mitigation site will be limited to areas along
the restored/enhanced channel banks (primarily WFFBR, UT 5, and UT 7), at crossings (WFFBR, UT 1, UT 2,
UT 2a, UT 4), and in areas of spoil removal (UT 7/W5) (Figure 3). The large majority of WFFBR on-site
displays little to no deeply rooted bank or riparian vegetation. When a woody buffer is present, it is commonly
only one tree wide, with vegetation typically sparse at best. Many of the trees within the one-tree buffer have
been undercut because the channel has incised below the rooting depth. The lack of a mature vegetated buffer and
the substantial influence of hoof shear have led to mass wasting of channel banks along large portions of the
channel in both arc and tangent sections. Vegetation along the banks of UT 5 is dominated by tag alder. The
riparian buffer is sparse to absent along the right bank of UT 7, but mature trees are common along the left bank.
Spoil piles are also present along the left bank of UT 7 and will be removed as part of wetland restoration
activities.
Existing mature trees will be preserved where it is feasible to do so. An effort will be made to conduct any tree
cutting of suitable summer roosting trees between August 1 and May 31, but tree cutting will ultimately depend
on the construction/contractor timeline.

General Project Information YES NO
Does the project occur within 0.25 miles of a known hibemaculum? 0 [SI
Does the project occur within 150 feet of a known maternity roost tree? 0 21
Does the project include forest conversion4? (if yes, report acreage below) 2/ 0
Estimated total acres of forest conversion 45
If known, estimated acres' of forest conversion from April 1 to October 31 4.5
If known, estimated acres of forest conversion from June 1 to July 31 6
Does the project include timber harvest? (if yes, report acreage below) 0 0
Estimated total acres of timber harvest
If known, estimated acres of timber harvest from April I to October 31
If known, estimated acres of timber harvest from June 1 to July 31
Does the project include prescribed fire? (if yes, report acreage below) CI VI
Estimated total acres of prescribed fire
If known, estimated acres of prescribed fire from April Ito October 31
If known, estimated acres of prescribed fire from June 1 to July 31
Does the project install new wind turbines? (if yes, report capacity in MW below) 0 IZ
Estimated wind capacity (MW)
Agency Determination:
By signing this form, the action agency determines that this project may affect the NLEB, but that any
resulting incidental take of the NLEB is not prohibited by the final 4(d) rule.
If the USFWS does not respond within 30 days from submittal of this form, the action agency may
presume that its determination is informed by the best available information and that its project
responsibilities under 7(a)(2) with respect to the NLEB are fulfilled through the USFWS January 5,
2016, Programmatic BO. The action agency will update this determination annually for multi-year
activities.
The action agency understands that the USFWS presumes that all activities are implemented as
described herein. The action agency will promptly report any departures from the described activities to
the appropriate USFWS Field Office. The action agency will provide the appropriate USFWS Field
Office with the results of any surveys conducted for the NLEB Involved parties will promptly notify the
appropriate USFWS Field Office upon finding a dead, injured, or sick NLEB.
Signature: Date Submitted: /0— Z /27

4 Any activity that temporarily or permanently removes suitable forested habitat, including, but not limited to, tree removal
from development, energy production and transmission, mining, agriculture, etc. (see page 48 of the BO).
5 If the project removes less than 10 trees and the acreage is unknown, report the acreage as less than 0.1 acre.
6 If the activity includes tree clearing in June and July, also include those acreage in April to October.
PROJECT SITE
VICINITY MAPOWEN FARMS STREAM & WETLAND MITIGATION SITE
FIGURE 1
TRANSYLVANIA COUNTY, NORTH CAROLINA
LEGEND
Parcel Boundary
5 Mile Radius from Site
0 1.5Miles
O
W
e
s
t

F
o
r
k

F
r
e
n
c
h

B
r
o
a
d
Silverstein
Rd
¬«281
¬«281
Silverstein
Rd
Silverstein
R
d
W7
W5B
W5A
W3
W2
W4
W1
W5
W9
W6
W6A
UT 2a UT 7bWe
s
t

F
o
r
k

F
r
e
n
c
h

B
r
o
a
d
UT 4aUT7aUT 5
UT 7UT 2bUT 3UT 6UT 4bU
T

6
aUT 1UT
2
UT 40 400200 Feet
O
LEGEND
Proposed Easement
Parcel Boundary
20' Proposed Culvert Crossings
50' Proposed Ford Crossings
Potential Buffer Restoration
Pond to be removed
40' Powerline ROW
Proposed Streams
Restoration
Enhancement II
Preservation
Proposed Wetlands
Re-establishement
Rehabilitation
Enhancement
No Credit
PROPOSED MITIGATION FEATURES MAPOWEN FARMS STREAM & WETLAND MITIGATION SITE
FIGURE 2
TRANSYLVANIA COUNTY, NORTH CAROLINA
W
e
s
t

F
o
r
k

F
r
e
n
c
h

B
r
o
a
d
Silverstein
Rd
¬«281
¬«281
Silverstein
Rd
Silverstein
R
d
W7
W5B
W5A
UT 2a UT 7bWe
s
t

F
o
r
k

F
r
e
n
c
h

B
r
o
a
d
UT 4aUT7aUT 5
UT 7UT 2bUT 3UT 6UT 4bU
T

6
aUT 1UT
2
UT 40 400200 Feet
O
LEGEND
Temporary Forest Impacts
Proposed Easement
Pond to be removed
50' Proposed Ford Crossings
20' Proposed Culvert
Crossings
40' Powerline ROW
Parcel Boundary
Proposed Streams
Approach
Restoration
Enhancement II
Preservation
TEMPORARY FOREST IMPACTS MAPOWEN FARMS STREAM & WETLAND MITIGATION SITE
FIGURE 3
TRANSYLVANIA COUNTY, NORTH CAROLINA
~4.5 ac of Temporary Forest Impacts
*Tree removal will be limited to the minimum
amount needed along channel banks for
construction. Native trees will be planted
along reaches that are proposed for
restoration or enhancement.
From:Furr, Benjamin
To:"Elizabeth Toombs"
Subject:RE: Owen Farms Mitigation Site
Date:Friday, November 2, 2018 9:26:00 AM
Attachments:ProposedEasement_Update20180606.shx
ProposedEasement_Update20180606.cpg
ProposedEasement_Update20180606.dbf
ProposedEasement_Update20180606.prj
ProposedEasement_Update20180606.sbn
ProposedEasement_Update20180606.sbx
ProposedEasement_Update20180606.shp
ProposedEasement_Update20180606.shp.xml
Site Coordinates:
35°11'3.82"N
82°56'30.29"W

I have also attached a shapefile of the proposed easement boundary (projection is set to NAD 83, NC
State Plane 3200, Feet).

Let me know if you need anything else.

Benjamin N. Furr, PWS
D 919.900.1613 M 919.630.1680
hdrinc.com/follow-us

From: Elizabeth Toombs [mailto:[e-mail]]
Sent: Wednesday, October 31, 2018 6:14 PM
To: Furr, Benjamin <[e-mail]>
Subject: RE: Owen Farms Mitigation Site

Many thanks for the review request, Mr. Furr. Could you provide either latitude/longitude
coordinates or shapefiles to assist with mapping this proposed undertaking? This Office will be able
to initiate Section 106 consultation with this information.

Thank you for your time and any additional details.

Wado,

Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation
Tribal Historic Preservation Office
PO Box 948
Tahlequah, OK 74465-0948
918.453.5389

From: Furr, Benjamin [mailto:[e-mail]]
Sent: Friday, October 5, 2018 8:57 AM
To: Elizabeth Toombs <[e-mail]>
Subject: <EXTERNAL> Owen Farms Mitigation Site

************************************************************************
NOTICE: THIS EMAIL CONTAINS AN ATTACHMENT SENT FROM AN EXTERNAL SENDER.
IF YOU DO NOT KNOW THE SENDER OR WERE NOT EXPECTING THIS EMAIL,
DO NOT OPEN ANY EMAIL ATTACHMENTS AND DELETE THIS MESSAGE.
Thank you: The Cherokee Nation - Information Technology Department
************************************************************************
Good afternoon Ms. Toombs,

My name is Ben Furr and I work for HDR in the Raleigh, NC office as part of the Ecological
Restoration group. We are currently working through the Categorical Exclusion process for a stream
and wetland mitigation site in Transylvania County, NC. Attached to this e-mail is a digital copy of the
Categorical Exclusion Scoping letter for the site and corresponding maps. I have also mailed you hard
copies of the letter and maps that should arrive at your office within the next few days.

Please feel free to contact me if you have any questions.

Benjamin N. Furr, PWS
Environmental Scientist
HDR
555 Fayetteville St, Suite 900
Raleigh, NC 27601
D 919.900.1613 M 919.630.1680
[e-mail]
hdrinc.com/follow-us

November 28, 2018
Paul Wiesner
North Carolina Department of Environmental Quality
Division of Mitigation Services
Western DMS Field Office
5 Ravenscroft Drive, Suite 102
Asheville, NC 28801
Re: Owen Farms Mitigation Site
Mr. Paul Wiesner:
The Cherokee Nation (Nation) is in receipt of your correspondence about Owen Farms
Mitigation Site, and appreciates the opportunity to provide comment upon this project. Please
allow this letter to serve as the Nation’s interest in acting as a consulting party to this proposed
undertaking.
The Nation maintains databases and records of cultural, historic, and pre-historic resources in this
area. Our Historic Preservation Office reviewed this project, cross referenced the project’s legal
description against our information, and found no instances where this project intersects or adjoins
such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee
cultural resources at this time.
However, the Nation requests that the North Carolina Department of Environmental Quality
(NCDEQ) halt all project activities immediately and re-contact our Offices for further consultation
if items of cultural significance are discovered during the course of this project.
Additionally, the Nation requests that NCDEQ conduct appropriate inquiries with other pertinent
Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included
in the Nation’s databases or records.
If you require additional information or have any questions, please contact me at your convenience.
Thank you for your time and attention to this matter.
Wado,
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
[e-mail]
918.453.5389
Federally Recognized
October 3,1950
COUNCIL
Joe Bunch
Chief
Jamie Thompson
Assistant Chief
Joyce Hawk
Secretary
Ella Mae Worley
Treasurer
Eddie Sacks
Canadian District
Cliff Wofford
Cooweescoowee
District
Adalene Smith
Delaware District
Frankie Still
Flint District
Willie Christie
Goingsnake District
Peggy Girty
Illinois District
Charles Smoke
Saline District
Mary Duvall
Sequoyah District
Teresa Webber
Tahlequah District
United Keetoowah Band
Of Cherokee Indians in Oklahoma
P.O. Box 746 • Tahlequah, OK 74465
18263 W Keetoowah Circle • Tahlequah, OK 74464
Phone: [phone] • Fax: [phone]
www.ukb-nsn.gov
October 31, 2018
RE: Owen Farms Stream and Wetland Mitigation Site
DMS stream and wetland mitigation project in Transylvania County, NC
To Whom It May Concern:
In accordance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. 470f), and implementing regulation, 36 CFR 800, "Protection of
Historic Properties" The United Keetoowah Band of Cherokee Indians of Oklahoma
(UKB) Historic Preservation Office is responding to your request for identifying
properties of significance to our Tribe in Transylvania County, North Carolina.
The UKB has historic ties within the area referenced in your letter of October 5, 2018. At
this time, this office is unaware of properties of significance to inform you of that fall
within the APE for this project.
There remains the possibility that unrecorded cultural resources, including archaeological
artifact or human remains, may be encountered during construction, demolition, or
earthmoving activities of this project. Should this occur, we require that you contact this
office in order that we may offer appropriate comments under 36 CFR 800.13.
Please note that these comments are based on information available to us at the time of
the project review. We reserve the right to revise our comments as information becomes
available. If you have any questions or concerns, please contact our Tribal
Archaeologist/NAGPRA Coordinator, Erin Thompson at [phone] or by email
[e-mail].
Best Regards,
91 • �J1. r Y��,�
Sheila Bird
Director of Natural Resources
NAGPRA and THPO
United Keetoowah Band of Cherokee Indians
Office [phone] Fax [phone]

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
December 12, 2018 | E-1
Appendix E. Landowner Correspondence
(Full Report Available Upon Request)