20181033 Ver 1_401 Application_20200220

0, c /�I0�u
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
D_IE
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:
DATE:
NORTH CAROLINA
Environmental Quality
Debby Davis
Lin Xu LX
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 strum
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 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: NW 27 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Owen Farms Stream and Wetland Mitigation Project
2b. County:
Transylvania
2c.
Nearest municipality / town:
Lake Toxaway
2d. Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a. Name(s) on Recorded Deed:
Troy Owen Farms, LLLP
3b.
Deed Book and Page No.
DB 81, PG 171
3c.
Responsible Party (for LLC if
applicable):
Bonnie Owens
3d.
Street address:
227 June Bug Lane
3e.
City, state, zip:
Alapaha, Georgia, 31622
3f.
Telephone no.:
[phone]
3g. Fax no.:
N/A
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑X Other, specify: Permittee
4b. Name:
Lin Xu
4c. Business name
(if applicable):
NC Division of Mitigation Services
4d. Street address:
217 W. Jones Street
4e. City, state, zip:
Raleigh, North Carolina, 27603
4f. Telephone no.:
[phone]
4g. Fax no.:
N/A
4h. Email address:
[e-mail]
5. Co -Applicant Information
5a. Name:
Vickie Miller
5b. Business name
(if applicable):
HDR
5c. Street address:
555 Fayetteville Street, Suite 900
5d. City, state, zip:
Raleigh, North Carolina, 27601
5e. Telephone no.:
[phone]
5f. Fax no.:
N/A
5g. Email address:
Vickie. [e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
la. Property identification no. (tax PIN or parcel ID):
8524-24-1875
1 b. Site coordinates (in decimal degrees):
Latitude: 35.183539 Longitude:-82.943839
1 c. Property size:
122.99 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
West Fork French Broad River
2b. Water Quality Classification of nearest receiving water:
B;Tr
2c. River basin:
French Broad
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
see attached
3b. List the total estimated acreage of all existing wetlands on the property: 3.39
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 8,400
3d. Explain the purpose of the proposed project:
see attached
3e. Describe the overall project in detail, including the type of equipment to be used:
see attached
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 priorphases) in thepast?
9 Yes ❑ No ❑ Unknown
Comments: PJD submitted 08-10-2018; approved 09-14-2018
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑x Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Ben Furr
Agency/Consultant Company: HDR
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Site Visit occurred 09-11-2018 with Ben Furr (HDR) and David Brown (USACE); PJD approved 09-14-2018 (see attached)
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑X 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.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary
W3 P
Fill
Riverine Swamp Forest
No
Corps
0.09
W3 P
Excavation
Riverine Swamp Forest
No
Corps
0.04
W5A P
Excavation
Headwater Wetland
Yes
Corps
0.006
W56 P
Excavation
Headwater Wetland
Yes
Corps
0.003
W8 P
Excavation
Headwater Wetland
Yes
Corps
0.02
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.159
2h. Comments:
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.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1
Choose one
-
S2 -
Choose one
S3 -
Choose one
S4 -
Choose one
S5 -
Choose one
S6 -
Choose one
3h. Total stream and tributary impacts
3i. Comments:
See attached
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Pond on UT 5
Drainage
Pond
0.47
O2 _
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
0.47
4g. Comments: The pond on UT 5 will be drained to facilitate restoration of UT 5.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
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.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
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.
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: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ❑ No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
0
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
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.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
[]Session Law 2006-246
[]Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑X Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑X Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑X Yes ❑ No
letter.)
Comments: see attached Categorical Exclusion documentation.
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ❑X No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
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.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
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/cntylist/transylvania.htm]
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
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?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
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)
�3 —2v2To
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Vickie Miller
M �COA IU
02-20-2020
Co -Applicant's Printed Name
Date
Co -Applicant's Signature
Page 10 of 10

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 W513 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, WSA, and W513). 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
3d.
3f.
3g.
3a. Stream Impact
3b. Type of
3c. Stream
Perennial
3e. Type of
Average
Impact
number Permanent
(PER) or
stream
Length
(P) or Temporary (T)
Impact
Name
intermittent
Jurisdiction
width
(linear
(INT)
(feet)
feet)
West Fork
S1
P
Relocation
French
PER
Corps
35
2106
Broad River
West Fork
S2
P
Stabilization
French
PER
Corps
35
265
Broad River
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.

!° y
P
LEGEND KAOLFMOUNTA!!V
® Parcel Boundary
�2
Proposed Easement �w t �,�
`7
L;'� , 1
y� `ack
0 Miles 1
o�
�s ra.t:q.CFE'RICr >F
�C',ee dGte0
Balsam c
rVo�� 81 .I: y>: r: tf lr rinrl t COCA
let
°
fiJ
Cr i 6Q i9ttlrap
- r
1 r
r
s
�ndis� Cr"N
Lake
i
Hopbetk Alaflrtta;�n _ "
seo/y r
�f
I t
roxanay Lake- TOxaovay {.
Country Club CiI
r ;t
SapphllE •
Sources: Esri, HERE, Garmin, Interma `tOG°EBCO,
ow e Z USGS, FAO, NPS, NRCAN, Gp, increment P Corp.,
eoBase, IGN, Kadaster NL, Ordnance
Burhngame � Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo,
Country OpenStreetMap contributors, and the GIS User Community
LOCATION MAP
OWEN FARMS MITIGATION SITE
FIGURE 1
PATH: Z:`OWEN FARM 9\7.0 GIS MODELS\T.1 WORK IN PROGRESSW XOW IT PLAN FIG URES\FIGURE I - LOCATION MAPMKD - USER: BFURR - DATE: 511%019 OWEN FARMS MITIGATION PLAN

C_
m
U)
N
Q
rn
E
L
0
C
0)
3
O
N
C
0
0_
t
E
L
D_
�O
O
L
D_
I
0
a
U
19
LID
/
PROJECT
LOCATION
281 ) I„R
- --- Vie,
n
1j06 1.1u
-
I
41and ti;, r
/ lu2 281
VICINITY MAP
-UT8- STA 10+00.00
-UT8- STA 11+36.80
PRM-A
GIN WEST FORK
ENCH_13ROAD RIVER
STORATION
A 10+00.00
-UT4A- STA 10+00.00
WETLAND AND SURFACE WATER
IMPACTS PERMIT
LOCATION: TRANSVLVANIA COUNTY, NORTH CAROLINA
LAT: 35.183611 D LONG:-82.9413889 D
TYPE OF WORK: STREAM & WETLAND RESTORATION
(CLEARING, GRUBBING, GRADING, AND
EROSION CONTROL)
r�
1 .
r
1 11 11 .i
A
NOTE:
RESOURCES OUTSIDE OF CONSERVATION
EASEMENT OR WITHIN UTILITY EASEMENT
ARE NOT COUNTED TOWARD MITIGATION
CREDITS.
SURFACE WATER
IMPACTS
RESTORATION
STREAM
A-11110 Ed
FILLED
LF
ABANDONED/
NOT FILLED
OPEN WATER
POND DRANING
AC I
STABILIZATION
(LF)
CULVERT
(LF)
RESTORED
(LF)
-WFFB-
2106
-
-
265
1986
-UTI-
-
-
-
-
18
-
-UT2A-
-UT3-
_
-
28
-UT4-
-
_
-
-
146
-UT4A-
-
-
-
72
-
-
-UT5-
250
169
0.47
-
-
899
-UT6-
-
-
-
68
-
-
-UT7-
373
-
-
-
-
417
-UT8-
37
-
-
-
-
137
WETLAND
IMPACTS
RESTORATION
WETLAND
FILLED
(AC)
EXCAVATION
(AC)
RE-ESTABLISHMENT
(AC)
-W3-
0.09
0.04
0.28
-W5A-
-
0.006
0.09
-W5B-
-
0.003
0.10
-WB-
-
0.02
-
PRM-3
-UT7- STA 10+00.00
-UT7- STA 14+17.41
END WEST FORK FRENCH END WEST FOiK FRENCH
-UT4A- STA 10+71.56 -UT4- STA 10+00.00 BROAD RIVER RESTORATION BROAD RIV�R,
INDEX OF SHEETS & BEGIN ENHANCEMENT II ENHANCEMENT 'II
TITLE SHEET.......................................................I / 29+86. 17 STA 36+91 .0
PERMIT PLAN SHEETS...................................2-4 -UT4- STA 11 +36.08 - UT6 - STA 9+59.71 �, 1
LEGEND
EXISTING TOP
OF BANK & - -
CENTERLINE
PROPOSED TOP OF
BANK & TOE ----
CONSTRUCTION�,
EXISTING
CULVERT
PROPOSED
CULVERT
CONSERVATION _ E
EASEMENT
EXISTING
WETLAND
LIMITS OF
CONSTRUCTION
STREAM
ABANDONED/FILL
ABANDONED/NOT
FILLED
OPEN WATER _
POND DRAINING
WETLAND
FILL
WETLAND _
EXCAVATION
WETLAND
RE-ESTABLISHMENT x
CULVERT
STREAM
STABILIZATION
GRAPHIC SCALES
DESIGN
DATA
PROJECT
LENGTH
PROPOSED
Prepared for:
WEST FORK FRENCH
UT 5
UT 7
UT 8
EXISTING
STREAM LENGTH
DESIGN STREAM
50 25 0 50 100
BROAD RIVER
LENGTH
DESIGN STREAM TYPE
= C4
DESIGN STREAM TYPE = 04
DESIGN STREAM TYPE
- C4
DESIGN STREAM TYPE
= C4
WEST FORK FRENCH
BROAD RIVER
-
2,859.55 FT
2,691.02 FT
��� HEIR Engineering, Inc. of the Carolinas
Ralber:.F-0C. 11
N.C.B.E.L.S. License Number:F-0116
N.C.B.E.L.555 eStLice
P LAN S601
BANKFULL AREA (FT')
= 64.29
BANKFULL AREA (FT') = 5.35
BANKFULL AREA (FT2)
- 6.0
BANKFULL AREA (FT')
= 11.08
se
wars-SECTi EU
cs s-sECTIO
wws-6ECT-D
wwe�sECT1 D
-UT4A-
471.56 FT
71.56 FT
10 5 0 10 20
BANKFULL WIDTH (FT)
MAX DEPTH (FT)
WIDTH / DEPTH RATIO
= 30.0
- 2.66
= 14.0
BANKFULL WIDTH (FT) = 8.5
MAX DEPTH (FT) = 0.76
WIDTH / DEPTH RATIO = 13.5
BANKFULL WIDTH (FT)
MAX DEPTH (FT)
WIDTH / DEPTH RATIO
= 9.0
= 0.80
- 13.5
BANKFULL WIDTH (FT)
MAX DEPTH (FT)
WIDTH / DEPTH RATIO
= 12.0
= 1.11
- 13.0
-UT5-
= 652.00 FT
899.09 FT
Prepared by:
PROFILE (HORIZONTAL)
DRAINAGE AREA (MI2)
= 5.50
DRAINAGE AREA (MI2) = 0.07
DRAINAGE AREA (MI2)
- 0.06
DRAINAGE AREA (MI2)
- 0.31
UT7 _
- 811.00 FT
417.41 FT
tLMG
BANKFULL SLOPE(FT/FT)=
0.00353
BANKFULL SLOPE(FT/FT)= 0.00569
BANKFULL SLOPE(FT/FT)=
0.00539
BANKFULL SLOPE(FT/FT)=
0.01096
-UT8-
= 49.00 FT
136.80 FT
20 10 0 20 40
LIMITS OF DISTURBANCE = 14.6 AC
CHRISTOPHER L. SMITH
LAND MANAGENvIFKTGROUP
PROFILE (VERTICAL)
PROJECT DESIGNER /ENGINEER
a MIEV! company

SURFACE WATER
IMPACTS
RESTORATION
STREAM
ABANDONED/
FILLED
LF
ABANDONED/
NOT FILLED
LF
OPEN WATER
POND DRAINING
AC
STABILIZATION
(LF)
CULVERT
(LF)
RESTORED
(LF)
-WFFB-
1490
-
1450
-UT3-
25
-
-UT4-
-
146
UT5
250
169
0.47
899
UTS-
37
137
WETLAND
IMPACTS
RESTORATION
WETLAND
FILLED
(AC)
EXCAVATION
(AC)
RE-ESTABLISHMENT
(AC)
W3-
0.09
0.04
0.28
W8-
-
0.02
-
BEGIN -UT8-
CONSTRUCTION
STA 10+00.00
\ -UT8- ABANDONED/
FILLED
I
SILVERSTEIN ROAD
OPEN WATER —
POND DRAINING
WETLAND AND SURFACE WATER
IMPACTS PERMIT
NOTE:
RESOURCES OUTSIDE OF CONSERVATION
EASEMENT OR WITHIN UTILITY EASEMENT
ARE NOT COUNTED TOWARD MITIGATION
CREDITS.
-WFFB RIVER-
ABANDONED/FILLED
O
/ ^X
a
i
i
-WFFB RIVER-
/
-WFFB RIVER-
ABANDONED/FILLED
BEGIN WEST FORK
FRENCH BROAD RIVER
CONSTRUCTION
STA 10+00.00
/O X
ABANDONED/FILLED \
-UT3- CHANNEL
STABILIZATION
BEGIN -UT3-
STA 9+80.00
-WFFB RIVER-
ABANDONED/FILLED
-W3- WETLAND
RE-ESTABLISHMENT
(CURRENTLY NON -WETLAND)
E
-W3- WETLAND
EIXCAVAT I ON
i
\ i = W3 -
CA
M�
END - UT4 -
STA 11 +36.08 �Q f
END -UT3- ,�Q J +
\`\STA 10+25.23 .c\4OpP�,
I
---------�
+AL
I -I
11Ix\II
\�11
�
I
/ a
___UT-6- G
-—r4BANDONE9¢FfLLED �" T
�� 1 s u
-z,
ti
PERMIT DRAWING
_ SHEET 2 OF 4
0
a / BEGIN -UT5- cc
E CONSTRUCTION a
STA 10+00.00 cc
a m
E/ -W8- WETLAND
� � EXCAVATION
OPEN WATER
POND DRAINING
I
REMOVE
xx
EXISTING
x/ 8 PVC
��ex�•_xx r
i /
-W3- WETLAND
RE-ESTABLISHMENT
/ (CURRENTLY NON -WETLAND)
x' / xx x /
x / m o x x
x fc� x ;
i x -UT5-
xxx ABANDONED/FILLED
x
x x
x x
x x
-W3- WETLAND
FILL
�\ END -UT -
�� STA 18+99.09
-WFFB RIVER-
rr� ABANDONED/FILLED
i
x
' �fl -UT5- \
_ ABANDONED/NOT
W I FILLED
rid -W3-
WETLAND FILL
— -WFFB RIVER-
ABANDONED/FILLED
RP:rTKI _IITA_
MATCHLINE SEE SHEET PRM-4
\ O
\� �M
N ir
C/) ~
W
J Z=
�\ ' Hcf)
=W
U
I,_Lu
144 - I co
REPLACE EXISTING
10" FIBERGLASS PIPE (20LF)
W/ 36" CMP (18LF)
LEGEND
EXISTING TOP
OF BANK & - --
CENTERLINE
PROPOSED TOP OF
BANK & TOE --
CONSTRUCTION -- _ --
EXISTING
CULVERT
PROPOSED
CULVERT
CONSERVATION E
EASEMENT
EXISTING
-� -
WETLAND
�` \
LIMITS OF
CONSTRUCTION
STREAM
ABANDONED/FILL
STREAM
ABANDONED/NOT
rrrr%%i
FILLED
OPEN WATER
_
POND DRAINING
WETLAND
-
FILL
WETLAND
EXCAVATION
WETLAND
x x x ■
RE-ESTABLISHMENT
x x x x
CULVERT
STREAM
STABILIZATION
F-
0 Z
W
00
UJcr CC
F-d
a
U
z" F-
OQ CC
as z
Mcn
r
M¢ Z
2O =
0
U
U- W Z
3
W -6 J
OQ z
W a
CC cc
0 ~
0
0
W
J
¢ O
fn
cUl
y
z
c� ¢
M J
x a
0-0-
0
to
DATE 01-23-2020
WETLAND AND
SURFACE WATER
IMPACTS PERMIT
SHEET
PRM-2

K*;
DRAWING
3OF4
OPF
' NO
2 j LL
cc U Z z
E
O� 7
_ Z
C Sa N
m C
CN U
N N
5 J
W a W
136
O � V
2 nZ
F-
U
w
7)
O
w D[
�a
H
DO Z
O
Z H
O F
H Q
cc
Q O
H (/i
F- W
N cc
in Z
m Q
Cr J
Q H
LL W
Z
W otJ
r.
O m
O
O
W
J
Q
u O
N L V1
Z
u ¢
M J
x a
CL o
a
0
DATE: 02-19-2020
WETLAND AND
SURFACE WATER
IMPACTS PERMIT
SHEET
PRM-3

INSTALL
24" CMP (18LF)
WETLAND AND SURFACE WATER IMPACTS PERMIT
EXISTING TOP
OF BANK &
CENTERLINE
PROPOSED TOP OF
BANK & TOE
CONSTRUCTION
EXISTING -__--
CULVERT
PROPOSED
CULVERT
CONSERVATION E _
EASEMENT
EXISTING
WETLAND i \
1 i P, _ -W1 - II
111�//11! �_�
c.� I
a
GLI
T.
PERMIT DRAWING1
SHEET 4 OF 4
0
w
cc
Q.
Lu ••
cc >
am
SURFACE WATER
IMPACTS
RESTORATION
STREAM
ABANDONED/
FILLED
LF
OPEN WATER
POND DRAINING
AC
STABILIZATION
(LF)
CULVERT
(LF)
RESTORED
(LF)
-UT1-
18
-UT2A-
18
-
UT4A-
72
� I
t
------------
STREAM
ABANDONED/FILL
OPEN WATER
MENEM
POND DRAINING
WETLAND
FILL
WETLAND
EXCAVATION
WETLAND
RE-ESTABLISHMENT
CULVERT
STREAM
STABILIZATION
NOTE:
RESOURCES OUTSIDE OF CONSERVATION
EASEMENT OR WITHIN UTILITY EASEMENT
ARE NOT COUNTED TOWARD MITIGATION
CREDITS.
O
BEGIN -UT4A- O
CON TR CT ION 1
STA 10+00.00 O
REPLACE EXISTING
\— -- W/36 P�2CMP (18LF)
\ �\ E/
\ I
000000
\\ \-w iA /
! If / I \~
U z
Lu , y
O J
Lu cr m
F a ¢
cn z U
0
O ¢cc O
z
CD
H (n }
H cc Z
D
o
m Q U
z
LU o6 J
0m
w z
¢ 2
F- F-
c��
cv p
�UIL
Uz..
� rn�
E
`o Elf
z
c
y
�N J
N
d
J
Lu ° Do
of
=�z
�l'9T
SyFFT� pNF
R,y� SFF
0
0
Lu
J
vo
N Lc) N
z
c� c
f1 J
x a
ao
00
DATE: 01-23-202C
WETLAND AND
SURFACE WATER
IMPACTS PERMIT
LIMITS OF
CONSTRUCTION
VI
SHEET
PRM-4

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D: SAW-2018-01165 County: Transvlvanis U.S.G.S. Quad: Lake Togawsy
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: HDR Eagineerim Inc. of the Carolinas / Attu.: Beniamin iFarr
Address: 555 Fayetteville Street, Suite 900
Raleigh, NC 27601
Telephone Number: 919-900.1613
Size (acres): 22 Nearest Town: Lake Toxawav
Nearest Waterway: UTs West Fork Freacb Broad River
and West Fork French Broad River Coordinates: 35.18348 N. 82.94126 W
River Basin/ HUC: Uuper French Broad (06010105)
Location description: The project site Is located on an approximate 22 acre portion of a larger 127 acre tract of land
SPIN 8524-24-18754M) at 8049 Rai verstein Road (NC ) hwav 281). south of the Intersection of Silverstein Road
and Allen McCall Road, In Lake Toxaway. Transylvania County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on 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 jurisdiction 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 JD will treat
all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurMetional
waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process (Reference 33 CFR Part 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 in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely
an effective presumption of CWA/RHA jurisdiction overall of the 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 (CWAx33
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 wetlands 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 RNA
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 arc 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 of the
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, 2019, and are as
approximately depicted on the attached Figure 6 — Aquatic Resources Map, lhven Farms Stream & Welland Mitigation
Site (dated August 10, 2018), submitted by HDR Engineering, Inc.
E. Attention USDA Program Participants
This delfneation/detetmiWon has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the
Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This 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 33 I. 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
Attn: 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 CPR 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 it not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence."
Corps Regulatory Official ��vid Brown
Issue Date of JD: September 14, 2018 Expiration Date: NIA Preliminary JD
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
http://cotpsmapu.usece.arm�mil/cnatk %.'f'p-136.a:0.
Copy furnished:
Troy Owen Farms, LLLP, Bonnie Owen, 227 June Bug Lane, Alapaha, GA 31622

BLANK PAGE

. r
srs�
^0
DPI ,5^DP1
DP2
DP`
DP7 7"
DP8
•r
AIV
l Dp
�" J
�„ { � � a � Ln• M
V4 UT 7
West Fork French
Broad River
W 56
DP10
lr '
Monosson MIML,
z�x

NOTMCATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
RE -QUEST FOR APPEAL
Applicant: I1DR Engineering, Inc. of the Carolinas /
Attn.: Benjamin Furr
Attached is:
INITIAL PROFFERED PERMIT
File Number: SAW-2018-01165
Permit or Letter
PROFFERED PERMIT (Standard Permit or Letter of
PERMIT DENIAL
LJ1 APPROVED JURISDICTIONAL, DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
See
Date: September 14, 2018
_A
B
C
_
E
SECTION I - The following identities your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at itt p:/fwww.usace.aft v._mil/MissionslCivilWgrl.�/Re�yleton rantandPermit max or
.Corps regulations at 33 CFR Part 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 you 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. You
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
• 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 Lerer of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 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 11 of this forth and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: Ic you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 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: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corp.
district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD.
SECTION Ill - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT_
REASONS FOR APPEAL OR OBJECTIONS: (Describe 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: no appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may
rovide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR Ul3=r ONS 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 Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PD0
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 1 OM 15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
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 opportunit to participate in all site investi tions.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on 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, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

PRELIMINARY JURISDICTIONAL DETERMINATION (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. of the Carolinas / Attn.: Benjamin Furr
555 Fayetteville Street, Suite 900
Raleigh, NC 27601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2018-01165, NCT)MS-ILF 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
Road, in Lake Toxaway, Transylvania County, North Carolina.
State: NC Countytparish/borough: Transylvania City: Lake Toxaway
Center coordinates of site (lat/loog in degree decimal format): 35.19348 N, 92.94126 W
Universal Transverse Mercator: N/A
Name of nearestwaterbody: UTs West Fork French Broad River and West Fork French Broad River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Of a (Desk) Determination. Date: September 14, 2019
Field Determ inati on. Date(s): September 11, 2018
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
Site Number
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Review Areal
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
West Fork French
Broad River
35.182097
-82.938193
2615 If
Wetland
® Non -wetland Waters
Section 404
El Section 10/404
s UT l
35.193503
-79.626503
709 if
❑ Wetland
Non -wetland Waters
® Section 404
[ Section 10/404
UT 2
35.18293
-82.94609
769 If
Q Weld
Non -wetland Waters
Section 404
Q Section 10/404
UT 2A
35.183002
-82.943477
582 If
El Wetland
[K Non -wetland Waters
Section 404
Q Section 10/404
C] Wetland
Section 404
UT 2B
35.182642
-82.944328
78 If
10 Non -wetland Waters
Section 10/404
UT 3
35.183224
-82.943172
841f
❑ Wetland
Section 404
Non -wetland Waters
(] Section 101404
0 Wetland
0 Section 404
UT 4
35.182511
-82.941879
765 If
Non -wetland Wat
❑ Section 10/404

UT 4A
35.181845
-82.941684
447 If
❑ Wetland
® Non -wetland Waters
® Section 404
❑ Section 10/404
U'l 4B
35.181959
-82.942379
172 If
❑ Wetland
0 Non -wetland Waters❑
El Section 404
Section 10/404
❑ wetland
® Section 404
UT 5
35.184087
-82.942092
884 If
® Non -wetland Waters
❑ Section 10/404
❑ Wetland
® Section 404
UT 6
35.181852
-82,939869
1191f
® Non -wetland Waters❑
Section 10/404
❑ Wetland
Section 404
UT 6A
35.182214
-82.93962
187 If
10 Non -wetland Waters
❑ Section 10/404
❑ Wetland
10 Section 404
UT 7
35,183197
-82.93986
765 If
CD Non -wetland Waters❑
Section 10/404
11 Welland
® Section 404
UT 7A
35,18364
-82.936657
50 If
10 Non -wetland Waters
Section 10/404
El Wetland
N Section 404
UT 7B
35.183409
-82.936478
1341f
M Non -wetland Waters❑
Section 10/404
_
❑ Wetland
Section 404
UT 8
35,185139
-82.9427
401f
0 Non -wetland Waters
❑ Section 10/404
_
❑ Wetland
® Section 404
Pond 1
35.184393
-82.939262
0.53 ac
® Non -wetland Waters
❑ Section 10/404
_
0 Wetland
19 Section 404
W 1
35.183545
-82.943765
1.04 ac
Non -wetland Waters
❑ Section 10/404
® Wetland
® Section 404
W 2
35.183368
-82.941803
0.14 ac
❑ Non -wetland Waters
❑ Section 10/404
® Wetland
ig Section 404
W 3
35.18412
-82.940287
1.62 ac
Non -wetland Waters❑
Section 10/404
® Wetland
® Section 404
W 4
35,182564
-82.940172
0.16 ac
Non -wetland Waters❑
Section 10/404
to Wetland
Section 404
W SA
35.1$3025
-82.936953
0.04 ac
❑ Non -wetland Waters
❑ Section 10/404
Wetland
® Section 404
W 5B
35,182608
-82.937158
0.01 ac
❑ Non -wetland Waters
❑ Section 10/404
Wetland
0 Section 404
W 6
35,183195
-82.94128
0.05 ac
_
❑ Non -wetland Waters
❑ Section 10/404
W 6A
35.18328
-82.941137
0.02 ac
wetland
Non -wetland Waters
[D Section 404
❑ Section 10/404
Wetland
® Section 404
W 7
35.182151
-92.942415
0.1 ac
❑ Non -wetland Waters❑
Section 10/404
® Wetland
® Section 404
W 8
35,194325
-82.939741
0.06 ac
Non -wetland Waters❑
Section 10/404
Wetland
Section 404
W 9
35.183534
-82.946157
0.15 ac
❑ Non -wetland Waters
❑ Section 10/404
1 Review area for estimated amount of aquatic resource is the area within the proposed easement
2 All UTs are unnamed 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 JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN),
or requests verification for a non -reporting NWP or other general permit, and the permit applicant
has not requested an AID for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authori7Ation based on a PJD, which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AID before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AID could possibly result in less compensatory mitigation
being required or different special conditions; 0) 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 AID 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 AID or a PJD, the JD will
be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terns
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. if, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources in the review
area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD
finds that there "miry 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
aff%eted 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:
rMaps, plans, plots or plat submitted by or on behalf of preliminary JD requester: HDR Engineering, Inc.
Data sheets preparedisubmitted by or on behalf of preliminary JD requester. HDR Engineering, Inc.
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
Data sheets prepared by the Corps:
a Corps navigable Waters' study:
Q U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC 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:
[i State/Local wetland inventory map(s):
19 Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map No. 3700852400J,
effective date October 2, 2009
0 100-year Floodplain Elevation 6: (National Geodectic Vertical Datum of 1929)

® Photographs: ® Aerial (Name & Dale): 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 Corps of Engineers 14"et/and
Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern
Mountain and Piedmont Region (Version 2.U). 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 mark (OHWM) indicators including, break in slope; developed bed and bank;
changes in sediment texture and soil character; natural line impressed on the hank; 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 River 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 now 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.
Ted
David Brown, September 14, 2018
Signature and date of Regulatory
staff member completing
preliminary JD
Bonnie Owen (Property Owner)
OR
HDR Engineering, Inc. of the Carolinas / Attn.:
Benjamin Furr
(per Agent Authorization)
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
signature is impracticable)
Two copies of this Preliminary JD Form have been provided. Please sign built copies. Keep one signed copy for your record
and return a signed copy to the Asheville Regulatory Field Offlce by mail or e-►nall.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenge, Room 208
Asheville, NC28801-5006
t District, may establish timetia►nez for requester to retum signed PJD forms. If the requester does not respond within the established lime
frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.

1111111111111IN
hdrinc.com
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 bullato), and Virginia spiraea (Spiraeo virginiona).
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.
555 Fayetteville StreetSuites 900 & 210Raleigh, NC 27601-3034
[phone]

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

02
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)
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
AppendixA. CE Form................................................................................................................................A-1
AppendixB. 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
December 12, 2018 1 i

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
This page is intentionally left blank.
ii I December 12, 2018

Environmental Documentation ���
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
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
December 12, 2018 1 1

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
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,
2 1 December 12, 2018

Environmental Documentation ���
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
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
December 12, 2018 1 3

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
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 a3 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 bams 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
4 1 December 12, 2018

Environmental Documentation ���
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
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
December 12, 2018 1 5

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
• 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 W 1.
Bog Turtle Glyptemys T (S/A) -- Yes (portions of --
muhlenbergii wetland W 1)
Carolina Glaucomys E E No (typically No Effect
northern flying sabrinus occur at higher
squirrel coloratus elevations)
Gray bat Myotis E E No (typically No Effect
grisescens roost in caves
year-round)
Northern long- Myotis T T Yes (mature --
eared bat septentrionalis trees)
Appalachian A/asmidonta E E No (West Fork No Effect
elktoe raveneliana French Broad
River on -site
does not provide
the stable
habitat required)
Rusty -patched Bombus affinis E W1 Yes (pasture No Effect
bumble bee and wooded
areas)
Mountain sweet Sarracenia rubra E E Yes (portions of No Effect
pitcherplant ssp. jonesii wetland W1)
Small whorled L lsotria T ' "' '" Yes (forested No Effect
pagonia medeoloides. areas adjacent
i; to unnamed
tributaries on-
- site)
Spreading avens Geum radiatum E E No (typically No Effect
occur at higher
elevations)
Swamp pink Helonias bullata T T Yes (wetlands No Effect
on -site)
Virginia spiraea Spiraea T T Yes (along No Effect
virginiana streams on -site)
Rock gnome Gymnoderma E E No (typically No Effect
lichen lineare occurs on
vertical rock
faces)
T — Threatened; E — Endangered; T(S/A) — Threatened due to Similarity of Appearance; W 1 —
Population Decline in NC
6 1 December 12, 2018

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
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
• Seethe attached USDA Form AD-1006 completed and signed by Milton Cortes,
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.
December 12, 2018 1 7

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
Appendix A. CE Form
December 12, 2018 1 A-1

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.
'Project
Project Name:
Owen Farms Stream and Wetland Mitigation Project
County Name:
Transylvania
EEP Number:
100064
Project Sponsor:
HOR
Project Contact Name:
Ben Furr
Project Contact Address:
555 Fayetteville Street, Suite 900, Raleigh. NC 27601
Project Contact E-mail:
benjamin.furr@hdnnc corn
EEP Project Man a er:
Paul Wiesner
Project Description
Restoration, enhancement, and preservation of streams and wetlands within the French Broad River Basin.
Specifically, restoration and enhancement
of West Fork French Broad River and several associated unnamed
tributaries and wetlands.
For Official Use Only
Reviewed By:
12/13/18
/'
"P W
Date
EEP Project Manager
Conditional Approved By:
Date
For Division Administrator
FHWA
❑ Check this box if there are outstanding issues
Final Approval By:
_ e
l„
Date
For Division Administrator
FHWA
6 Version 1.4, 8/18/05

2: All Projects
ResponsePart
Coastal Zone Management Act CZMA
1. Is the project located in a CAMA county?
❑ Yes
❑� No
2. Does the project involve ground -disturbing activities within a CAMA Area of
❑ Yes
Environmental Concern (AEC)?
❑ No
❑� N/A
3. Has a CAMA permit been secured?
❑ Yes
❑ No
❑ N/A
4. Has NCDCM agreed that the project is consistent with the NC Coastal Management
❑ Yes
Program?
❑ No
0 N/A
Comprehensive Environmental Response, Compensation and Liability Act CERCLA
1. Is this a "full -delivery" project?
0 Yes
❑ No
2. Has the zoning/land use of the subject property and adjacent properties ever been
❑ Yes
designated as commercial or industrial?
❑✓ No
❑ N/A
3. As a result of a limited Phase I Site Assessment, are there known or potential
❑ Yes
hazardous waste sites within or adjacent to the project area?
❑✓ No
❑ N/A
4. As a result of a Phase I Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within or adjacent to the project area?
❑
No
0
N/A
5. As a result of a Phase II Site Assessment, are there known or potential hazardous
❑
Yes
waste sites within the project area?
❑
No
❑✓
N/A
6. Is there an approved hazardous mitigation plan?
❑
Yes
❑
No
❑✓
N/A
National Historic Preservation Act Section 106
1. Are there properties listed on, or eligible for listing on, the National Register of
El Yes
Historic Places in the project area?
0 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 PropertV 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:
0 Yes
• prior to making an offer that the agency does not have condemnation authority; and
❑ No
• what the fair market value is believed to be?
I ❑ N/A
Version 1.4, 8/18/05

•'-"�sF�.a:�Ti4�Y r • • S • i T xz N._�. R'+7:'X.
American Indian Reli ious Freedom Act AIRFA
1. Is the project located in a county claimed as "territory" by the Eastern Band of
❑ Yes
Cherokee Indians?
❑ No
2. Is the site of religious importance to American Indians?
❑ Yes
❑� No
❑ N/A
3. Is the project listed on, or eligible for listing on, the National Register of Historic
❑ Yes
Places?
❑ No
❑ N/A
4. Have the effects of the project on this site been considered?
❑ Yes
❑ No
✓❑ N/A
Antiquities Act AA
1. Is the project located on Federal lands?
❑ Yes
✓❑ No
2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects
❑ Yes
of antiquity?
❑ No
❑� N/A
3. Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
❑✓ N/A
4. Has a permit been obtained?
❑ Yes
❑ No
✓❑ N/A
Archaeological Resources Protection Act ARPA
1. Is the project located on federal or Indian lands (reservation)?
❑ Yes
❑� No
2. Will there be a loss or destruction of archaeological resources?
❑ Yes
❑ No
✓❑ N/A
3. Will a permit from the appropriate Federal agency be required?
❑ Yes
❑ No
✓❑ N/A
4. Has a permit been obtained?
❑ Yes
❑ No
✓❑ N/A
Endan eyed Species Act ESA
1. Are federal Threatened and Endangered species and/or Designated Critical Habitat
0 Yes
listed for the county?
❑ No
2. Is Designated Critical Habitat or suitable habitat present for listed species?
❑✓ Yes
❑ No
❑ N/A
3. Are T&E species present or is the project being conducted in Designated Critical
❑ Yes
Habitat?
❑✓ No
❑ N/A
4. Is the project "likely to adversely affect' the species and/or "likely to adversely modify'
❑ Yes
Designated Critical Habitat?
❑ No
❑✓ N/A
5. Does the USFWS/NOAA-Fisheries concur in the effects determination?
❑ Yes
❑ No
✓❑ N/A
6. Has the USFWS/NOAA-Fisheries rendered a 'jeopardy" determination?
❑ Yes
❑ No
✓❑ N/A
Version 1.4, 8/18/05

Executive Order 13007 Indian Sacred Sites
1. Is the project located on Federal lands that are within a county claimed as "territory"
❑ Yes
by the EBCI?
❑✓ No
2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed
❑ Yes
project?
❑ No
✓ N/A
3. Have accommodations been made for access to and ceremonial use of Indian sacred
❑ Yes
sites?
❑ No
✓❑ N/A
Farmland Protection Policy Act FPPA
1. Will real estate be acquired?
❑✓ Yes
❑ No
2. Has NRCS determined that the project contains prime, unique, statewide or locally
❑✓ Yes
important farmland?
❑ No
❑ N/A
3. Has the completed Form AD-1006 been submitted to NRCS?
❑✓ Yes
❑ No
❑ N/A
Fish and Wildlife Coordination Act FWCA
1. Will the project impound, divert, channel deepen, or otherwise control/modify any
❑✓ Yes
water body?
❑ No
2. Have the USFWS and the NCWRC been consulted?
❑✓ Yes
❑ No
❑ N/A
Land and Water Conservation Fund Act Section 6 f
1. Will the project require the conversion of such property to a use other than public,
❑ Yes
outdoor recreation?
❑✓ No
2. Has the NIPS approved of the conversion?
❑ Yes
❑ No
✓ N/A
Mag nuson-Stevens Fishery Conservation and Management Act Essential Fish
Habitat
1. Is the project located in an estuarine system?
❑ Yes
❑✓ No
2. Is suitable habitat present for EFH-protected species?
❑ Yes
❑ No
✓❑ N/A
3. Is sufficient design information available to make a determination of the effect of the
❑ Yes
project on EFH?
❑ No
❑✓ N/A
4. Will the project adversely affect EFH?
❑ Yes
❑ No
✓❑ N/A
5. Has consultation with NOAA-Fisheries occurred?
Yes
❑ No
❑✓ N/A
Migratory Bird Treat Act MBTA
1. Does the USFWS have any recommendations with the project relative to the MBTA?
❑ Yes
✓❑ No
2. Have the USFWS recommendations been incorporated?
❑ Yes
❑ No
✓❑ N/A
Wilderness Act
1. Is the project in a Wilderness area?
❑ Yes
❑✓ No
2. Has a special use permit and/or easement been obtained from the maintaining
❑ Yes
federal agency?
❑ No
✓❑ N/A
Version 1.4, 8/18/05

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

Environmental Documentation
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
Appendix C. NRCS Farmland Conversion Impact
Rating Form
(Full Report Available Upon Request)
December 12, 2018 1 C-1

Environmental Documentation ���
Owen Farms Stream and Wetland Mitigation Site (DMS # 100064, Contract # 7532)
Appendix D. Agency Correspondence Letters and
Response
(Full Report Available Upon Request)
December 12, 2018 1 D-1

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 1-1 Hamilton 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 Wedand 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
environmental.rcviewC(L)ncdc�r.et1%-. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
69*1 Rainona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail service Center, Raleigh NC 276994617 Telephone/Fax: [phone]-6599

From: DiGeronimo. Alex
To: Furr. Beniamin
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 <Alex.DiGeronimo(andrinc.com>
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
alex.diggronimo hdrinc.com
hdrinc.com/follow-us
Twyla H Cheatwood
Fishery Biologist
Southeast Region, Habitat Conservation Division
NOAA Fisheries
Beaufort, NC 28516
Office: [phone]
[e-mail]
L-J.
•I III rlrt II
pro", PIII I 'III. I// /IIrI I' /I

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
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
(andrea.leslieAncwildlife.org) 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.
Mailing Address: Habitat Conservation - 1721 Mail Service Center • Raleigh, NC 27699- (721
Telephone: [phone] • Fax: [phone]

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

F)"'lZ
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
colorotus) , northern long-eared bat (Myotis septentrionalis) , and bog turtle (Clemmys
muhlenbergii). We are requesting that you please provide any known information for each
555 Fayetteville StreetSuites 900 & 210Raleigh, NC 27601-3034
[phone]

F)I
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
i
Ben Furr
cc:
Paul Wiesner
DIMS Western Regional Supervisor
S Ravenscroft Drive, Suite 102
Asheville, NC 28801
555 Fayetteville StreetSuites 900 & 210Raleigh, NC 27601-3034
[phone]

LakeToxaway 7.5 Minute Topographic Quadrangle
Parcel Boundary
I
Rom
r 4 f
e
•r► ,� w�
}
,► : ` s a
Parcel #: 8524-24-1875-000
v v
40
''~" -•,
FIGURE 1- USGS TOPOGRAPHIC MAP
OWEN FARMS STREAM AND WETLAND MITIGATION SITE
0 Feet 500 TRANSYLVANIA COUNTY, NC

0
�• e � �� �� �M , �, R� `ham
s
� l • K
- � - �a;:` ``•fir~ , ; 'ic • � *�_

From: Brew, Donnie (FHWA)
To: Marella Buncick(dfws.aov
Cc: Wiesner. Paul: Furr. Beniamin
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.odf
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.
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
donnie.brewPdot.gov
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'?
❑
2. Have you contacted the appropriate agency' 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 ear?
6. Would the project cut or destroy known occupied maternity roost trees, or any
❑
other trees within a l 50-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, Donnie.brew((dot. og_v, 919-747-7017
Federal Highway Administration
Ben Furr, Beni am in. furr(c�hdrinc.com, 919-900-1613
HDR
Project Name: Owen Farms Stream and Wetland Mitigation Site, DMS #100064
Project Location (include coordinates if known):
' http://www.fws.gov/midwest/endangered/mammals/nleb/pdUWNSZone.pdf
Z 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: I40 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 Proiect Information
YES NO
Does the project occur within 0.25 miles of a Mown hibernaculum?
❑
Does the project occur within 150 feet of a known maternity roost tree?
❑
Does the project include forest conversion`? (if yes, report acreage below)
®
❑
Estimated total acres of forest conversion
4.5
If known, estimated acres' of forest conversion from April 1 to October 31
4.5
If known. estimated acres of forest conversion from June I to July 316
Does the project include timber harvest? (if yes, report acreage below)
❑
IR
Estimated total acres of timber harvest
If known, estimated acres of timber harvest from April 1 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)
❑
Estimated total acres of prescribed fire
If known, estimated acres of prescribed fire from April 1 to October 31
If known. estimated acres of prescribed fire from June I to July 31
Does the project install new wind turbines? (if yes, report capacity in MW below)
❑
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: ,-, I'd"/ �— Date Submitted:
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).
`- 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.

L
a
Nab" Mwb
Got/ Kn00
pMs /fnpp
So#R.
f •r
K�
.tan
10%9
urOr.
awo".
Dead
Foww fh
. MG,op i4
M—oo.
Lis
e.0 Roc,
wale
Dubom wa~
he J:'I a 41. y.rrn i
MW a Kl of
� hhtY Kr .,c
Sgrp4lre
r
M+�Orn
LEGEND
= Parcel Boundary
R'+,^*' HOgu.
"x•
ti,rr•Q
6
Y Lawnrh. r T
Ger, D
' e
brUCe w
�nlrw,
A#4M cr,
f ft~
Fft~ RnoL
R- A/—...
Mtn
r:y
Lir
Lk,�n
Y;a
[ic.r
c,
�y
F a.inrr l
uoonrai.; �
n
R�a�n
5 Mile Radius from Site
unvx,.
F�2
(iM -" Cw
cbGo*
nlouorn
Hnlnw G4V
drub
VICINITY MAP
OWEN FARMS STREAM & WETLAND MITIGATION SITE
-� TRANSYLVANIA COUNTY, NORTH CAROLINA
0 Miles 1.5 FIGURE 1

4
LFGEND
Proposed . • • • Streams Proposed Wetlands
-3� r.a lSjjV -_ • nr v_ P 4 '�..; "•r .'S'r
14,
Parcel Boundary Restoration Le�,, Re-establishement
20' Proposed Culvert Crossings Enhancement 11 Rehabilitation
1 Proposed Ford Crossings Preservationy
Potential Buffer RestorationNo Credit,
C.
*_1 IlkPond to be removed
40'Powerline ROW
a
f- h
W 3
� t
VIn
Ott
J, ,
W9«
i W2 r0
r 6
h
ws � � � y � �
U1 2a X\ UT 7b
.#At
W 5A
h
W5
d
J�1k W4 a W58
W7 j
VoiI t JQr f
WIN
t s
y... a ..-• _ -:'L >,. ,�. ,, r...y-,�. JM ,7� c*,• 6:� N ,4 -S,' , _ . _�. 'i''-
- �' R'r •'.:Gk. ` `.�`. \. r�. � ! � �.. _�ti• 3r -",fit �., l4 � r - ki.

9' c •a
r: & t;
r � 1. •+ ' a <:. � 5 ���,� �a }
_^ a —4.5 ac of Temporary Forest Impacts
*Tree removal will be limited to the minimum
amount needed along channel banks for
AF 'S., " < construction. Native trees will be planted
alQp&reach s that are proposed for
rSfe restoration or ancement`..
vary 4P n
j,
W7
D
..
41.
;• t 5
..,
r I
ff
J.
UT 7b
W5A
W 5B
qq

From: Furr, Beniamin
To: "Elizabeth Toombs"
Subject: RE: Owen Farms Mitigation Site
Date: Friday, November 2, 2018 9:26:00 AM
Attachments: Proposed Easement Uodate20180606.shx
Proposed Easement Uodate20180606.coo
ProposedEasement Update20180606.dbf
Proposed Easement Update20180606.ori
Proposed Easement Update20180606.sbn
Proposed Easement Update20180606.sbx
Proposed Easement Uodate20180606.sho
Proposed Easement Update20180606.sho.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
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:Benjamin.Furr(@hdrinc.com]
Sent: Friday, October 5, 2018 8:57 AM
To: Elizabeth Toombs <elizabeth-toombs(@cherokee.org>

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
Beniam0n.Furr0)hdr0nc.com

omee of the: Cheer
Bill John Eater
GR Y.B Dar
Prindpat Chief
CHEROKEE NATIO
9P cJt ,�ss&�y
N
aeeca
PO Doc "b • TWm ,n.OK 7-5-090 • 91e-44).5M) .
S. Joe Critiendea
Deputy Priwipat Chief
Q. KG. JEXQJF
WPA DWA aEOGA
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,
L
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
[e-mail]
918.453.5389

JJ0011`, . United Keetoowah Band
Of Cherokee Indians in Oklahoma
P.O. Box 746 • 'Tahlequah, OK 74465
l; 18263 W Keetoowah Circle • Tahlequah, OK 74464
Phone: [phone] • Fax: [phone]
�4yy.Gy I)V,�+ed ' www.ukb-nsn.gov
Federally Recognized
October3,1950
October 31, 2018
COUNCIL
RE: Owen Farms Stream and Wetland Mitigation Site
DMS stream and wctland mitigation project in Transylvania County, NC
Joe Bunch
Chief
To Whom It May Concern:
Jamie Thompson
Assistant Chief
In accordance with Section 106 of the National Historic Preservation Act of 1966, as
Joyce Hawk
amended (16 U.S.C. 470f), and implementing regulation, 36 CFR 800, "Protection of
Secretary
Historic Properties" The United Keetoowah Band of Cherokee Indians of Oklahoma
(UKB) Historic Preservation Office is responding to your request for identifying
Ella Mae Worley
properties of significance to our Tribe in Transylvania County, North Carolina.
Treasurer
Eddie Sacks
The UKB has historic ties within the area referenced in your letter of October 5, 2018. At
Canadian District
this time, this office is unaware of properties of significance to inform you of that fall
Cliff Wofford
within the APE for this project.
Cooweescoowee
District
There remains the possibility that unrecorded cultural resources, including archaeological
or human remains, may be encountered during construction, demolition, or
Adaleartifact
Delaware District a Smith
Delaw
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.
Frankie Still
Flint District
Please note that these comments are based on information available to us at the time of
Willie Christie
the project review. We reserve the right to revise our comments as information becomes
Goingsnake District
available. If you have any questions or concerns, please contact our Tribal
Archaeologist/NAGPRA Coordinator, Erin Thompson at [phone] or by email
Peggy Gir
[e-mail].
Illinois District
Charles Smoke
Best Regards,
Saline District
J�• L.
Mary Duvall
Sequoyah District
Sheila Bird
Teresa Webber
Director of Natural Resources
Tahlequah District
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)
Appendix E. Landowner Correspondence
(Full Report Available Upon Request)
December 12, 2018 1 E-1

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
February 13, 2020
Regulatory Division
Re: NCIRT Review and USACE Approval of the NCDMS Owen Farms Mitigation Site /
Transylvania Co./ SAW-2018-01165/ NCDMS Project # 100064
Mr. Tim Baumgartner
North Carolina Division of Mitigation Services
1652 Mail Service Center
Raleigh, NC 27699-1652
Dear Mr. Baumgartner:
The purpose of this letter is to provide the North Carolina Division of Mitigation Services
(NCDMS) with all comments generated by the North Carolina Interagency Review Team
(NCIRT) during the 30-day comment period for the Owen Farms Draft Mitigation Plan, which
closed on August 25, 2019. A follow-up meeting was held with the provider and the IRT January
8, 2020 to discuss concerns with the draft mitigation plan. These comments, and the revised
asset map, are attached for your review.
Based on our review of these comments, we have determined that no major concerns
have been identified with the Draft Mitigation Plan, which is considered approved with this
correspondence. However, several minor issues were identified, as described in the attached
comment memo, which must be addressed in the Final Mitigation Plan.
The Final Mitigation Plan is to be submitted with the Preconstruction Notification (PCN)
Application for Nationwide permit approval of the project along with a copy of this letter. Issues
identified above must be addressed in the Final Mitigation Plan. All changes made to the Final
Mitigation Plan should be summarized in an errata sheet included at the beginning of the
document. If it is determined that the project does not require a Department of the Army permit,
you must still provide a copy of the Final Mitigation Plan, along with a copy of this letter, to the
appropriate USACE field office at least 30 days in advance of beginning construction of the
project. Please note that this approval does not preclude the inclusion of permit conditions in
the permit authorization for the project, particularly if issues mentioned above are not
satisfactorily addressed. Additionally, this letter provides initial approval for the Mitigation Plan,
but this does not guarantee that the project will generate the requested amount of mitigation
credit. As you are aware, unforeseen issues may arise during construction or monitoring of the
project that may require maintenance or reconstruction that may lead to reduced credit.

Thank you for your prompt attention to this matter, and if you have any questions
regarding this letter, the mitigation plan review process, or the requirements of the Mitigation
Rule, please call me at 919-554-4884, ext 60.
Sincerely,
Digitally signed by
BROWN INGXIMBERLY. BROWNING.KIMBERLY.DANIELLE.
DAN I ELLE.1527683510 1527683510
Date: 2020.02.13 10:38:28 -05'00'
Kim Browning
Mitigation Project Manager
for Tyler Crumbley
Enclosures
Electronic Copies Furnished:
NCIRT Distribution List
Paul Wiesner— NCDMS
Benjamin Furr, Ryan Smith—LMG
Vickie Miller—HDR