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HomeMy WebLinkAbout20181245 Ver 1_Individual_20180911Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 9/11/2018 8:52:35 AM (Message Start Event) Accept by Montalvo, Sheri A 9/11/2018 12:09:09 PM (NON -DOT Project) The task was assigned to Montalvo, Sheri A. The due date is: September 14, 2018 5:00 PM 9/11/2018 8:53 AM Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20181245 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Sue Homewood:eads\slhomevtood Select Reviewing Office:* Winston-Salem Regional Office - (336) 776-9800 Does this project require a request for payment to be sent?* r• Yes r No How much is r $240.00 owed?* r $570.00 Project Submittal Dated 9/11/2018 Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: F New Project r Pre -Application Submittal r More Information Response r Other Agency Comments r For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Alea Tuttle Who is subrritting the information? Email Address: alea@cwenv.com Project Information Project Name: Tinsel Town Residential Development Project Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yesr No r Unknown County (ies) Jackson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurnant 920 Individual Permit Application 9102018.pdf 38.35MB Only pdf or kvrz files are accepted. Describe the attachments: The attachment includes and electronic version of an Individual Permit application for the Tinsel Town Residential Development Project, which was submitted to the USACE on behalf of Tinsel Town LLC represented by Mr. Wayne Smith. V By checking the box and signing box below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND o I intend to electronically sign and submit the online form." Signature: lr�z r�tt7'� Submittal Date: CLearWater ClearWater Environmental Consultants, Inc. www.cwenucon1 September 10, 2018 Mr. David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Ms. Karen Higgins NC Division of Water Resources, 401 & Buffer Permitting Unit 512 N. Salisbury Street, 90'Floor Raleigh, North Carolina 27604 RE: Tinsel Town Residential Development Project Individual Permit Application Jackson County, North Carolina Mr. Brown and Ms. Higgins, The attached Individual Permit application is being submitted on behalf of Tinsel Town LLC, represented by Mr. Wayne Smith. The applicant is seeking permit authorization for impacts to open waters associated with development of a multi -family residential community. The project site is located off Ferguson Road in Jackson County, North Carolina. Should you have any questions regarding the attached permit application and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Byron Hamstead of the US Fish and Wildlife Service and Andrea Leslie of the NC Wildlife Resources Commission for review. A copy of this application has also been submitted to Sue Homewood of the Division of Water Resources, Winston Salem Regional Office and Kevin Mitchell of the NC Division of Water Resources, Asheville Regional Office. Respectfully, j; Alea Tuttle, P. W. S Biologist 'R. Clement Riddle, P.W.S Principal Copy Furnished: NC Division of Water Resources; Asheville Regional Office — Kevin Mitchell NC Division of Water Resources; Winston Salem Regional Office -- Sue Homewood US Fish and Wildlife Service — Byron Hamstead NC Wildlife Resources Commission — Andrea Leslie 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW - Prepare file folder Begin Date (Date Received): Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Tinsel Town Residential Development 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and B3e]: The applicant proposes to construct a residential development encompassing 20 multi family buildings and associated infrastructure. 4. Property Owner / Applicant [PCN Form A3 or A41: Tinsel Town, LLC. (Wayne Smith) 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form B1b]: The project site is located on Ferguson Road, off of HWY 74 in Jackson County, NC 8. Project Location— Tax Parcel ID [PCN Form Bla]: See Attached Parcel Information 9. Project Location— County [PCN Form A2b]: Jackson 10. Project Location —Nearest Municipality or Town [PCN Form A2c]: Sylva, NC 11. Project Information — Nearest Waterbody [PCN Form B2a]: Scott Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form B2c]: Little Tennessee -06010203 Authorization: Section 10 ❑ Section 404 V Regulatory Action Type: ✓ Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity eCompliance No Permit Required Revised 20150602 CLe,arwbter Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attm Karen Higgins 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landownerlmanaging partner of the property identified below, hereby authorize Clearwater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental inibrmation as needed at the request of the USAGE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. --�; Property Owner of Record:1 = l f LAft 3, Property Owner Address: p C �, S S C f U !A _ -- A.) e� 1 C' ._.....___ Phone Number: V Q-�� Email address: �[� Property Location: .%o.,x Owner/Managing partner Signature: Owner/Managing printed name: Wbtki. i�. Date: r 32 Clayton Street Asheville, NC 28801 Phone. 828-698-1800 www.owenv.com Printed: 12 7AN 2018 - by 0 ]ackson County NC Property Record Card Page: ; CARD 1 OF 1 Tax Year : 2818 Description Tax Districts Parcel : 7652-34-1635 US 19 -------------- OWNER INFORMATION -------------- ACCT: 148030 TINSEL TOWN INC 51 BRIDGE ST SYLVA NC 28779-2820 --------- PROPERTY FACTORS ---------- [ ----------- SALES INFORMATION ------------ I Topography Utilities [ Date Sales Price Vld Sale Bk/Pg R ROLLING E ELECTRIC 110/03/17 178,808 X - No 2198/333 W WATER 5 SEPTIC [ I View Streets/Roads [ S PVD SECONDARY [ ---------- MISCELLANEOUS INFORMATION ---------- (------- ENTRANCE INFORMATION -------- I ------------- VALUE SUMMARY Township SYLVA-RURAL I [ Date Type Source Appraiser i [ Assessed Address : 21 FERGUSON RD 110/25/17 87 Estimate NPL [ Land 213,080 Zoning ( 92/05/35 44 Estimate LKF [ Bldg 8,500 Nbrhood 27000 SYLVA RURAL 104/65/13 43 Estimate TRC [ Tot Appr 221,580 Map I Rte: 7652.03 1 101/18/08 25 Estimate ALS I Defer 0 Class R1 RESIDENTIAL 1 ( BUILT BUILT COND PHYS FUNC ECON TAX VALUE J Net Taxable 221,580 Remarks: MISC OUTOUILDINGS N/V --- LAND DATA --- # MTH TYPE 1 A 0110 RESIDENTIAL 2 A 8501 COMM SECONDARY 3 A 0700 WASTELAND Total Acres : 22.31 --- OUTBUILDINGS --- BLDG# TYPE MTH DESCRIPTION 1 36 0 M/H SITE/PARK Printed: 12 JAN 2018 - by 0 CARD 1 OF 1 Parcel : 7652-34-1635 US 19 Owner : 148030 TINSEL TOWN INC Current 213,080 8,500 221,580 B 221,580 -- End of Page 1 ]ackson County NC Property Record Card .._-.-----a- BUILDING DESCRIPTION------------- VAL METHOD USE CODE STYLE NBR STORIES WALL HEIGHT FOUNDATION EXTERIOR WALL YR BUILT / EFF CONDITION GRADE DESIGN FACTOR ROOF TYPE ROOF COVER BSMT AREA / VALUE NO BASEMENT LOFT/ATTIC NO ATTIC INTERIOR FLOOR INTERIOR WALL ROOMS / BDRMS FULL / HALF BATHS : 0 / 0 ADDL FIX: 0 Nbrhd: 27008 SYLVA RURAL Address: 21 FERGUSON RD Page: 2 UNIT ----------- V A L U E 5 ----------- LAST UPDATED BY : NPL on 10/25/2017 SIZE PRICE XA03 APPR DEFER TAX LAST COMPUTED BY : NPL on 10/25/2817 9.17 16,920 LW -20 124,130 0 124,130 1.14 67,500 76,950 0 75,950 12.00 1,000 12,000 0 12,000 Land Totals 213,080 0 213,080 YEAR EFF YR REMARKS WIDTH LENGTH AREA GRD BUILT BUILT COND PHYS FUNC ECON TAX VALUE 1 C 1988 A 8,500 CARD 1 OUTBUILDING VALUE 8,500 -- End of Page 1 ]ackson County NC Property Record Card .._-.-----a- BUILDING DESCRIPTION------------- VAL METHOD USE CODE STYLE NBR STORIES WALL HEIGHT FOUNDATION EXTERIOR WALL YR BUILT / EFF CONDITION GRADE DESIGN FACTOR ROOF TYPE ROOF COVER BSMT AREA / VALUE NO BASEMENT LOFT/ATTIC NO ATTIC INTERIOR FLOOR INTERIOR WALL ROOMS / BDRMS FULL / HALF BATHS : 0 / 0 ADDL FIX: 0 Nbrhd: 27008 SYLVA RURAL Address: 21 FERGUSON RD Page: 2 FIREPLACE TYPE/CRT: FIREPLACE OPENINGS: B CHIMNEY(S): 0 AIR CONO PCT SPRINKLER PCT HEATING TYPE HEATING FUEL OTHER FEATURES X COMPLETE DESCRIPTION REMARKS Heated Sq Ft : ----------------- BUILDING SECTION DETAIL ----------------- LN SEC TYPE DESCRIPTION AREA VALUE AST P% F% ...-_---__--_-- BUILDING COMPUTATION RCN PHYS DEPR FUNIC DEPR ECON DEPR % COMPLETE RCNLD TOTAL PARCEL IMAGES: 0 End of Page 2 Tinsel Town Inc. 22 AC) qkv 7652-35-5765 7652-25-9165 7652-36- 1385 7652-36-8068 i ',.,7652-25-1181 7652-25-0049 7652-35-8421 7652-55-4747 A -�i7652-45-4374 7-7652-45-4152 ------7652-45-1047 L 76 -24-799y,, 7652-44-0911 7652-24-4612tt-, / 4 A7652-24 7652-44-8710 765214 63 7652-34-9464 7652-14-9271 7652-34-7172 �\74 7652-24-2018 i . k.�k 7652-23-69126/ [Project Boundary Legend I Project Boundary = Adjacent Parcels Drawn by AKT 4.6 2018, CEC Project# q.' Jackson County, North Carolina \7652-33-2952 7652-33-29W pAdell 0' Sources Esfi, Del-orme, NAVTEQ, USGS, NRCAN, METI, iPC, TomTom G.earWaber I Adjacent Parcel Map 32 Clayton Street le. North Carolina 28801 U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL 140.07104= APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 31 AUGUST 2012 cFw Public reporting for this collection of kftmaft Is eatimoled to average 11 thous per respwW inclLw rig the orae for mvie" huftu cions, nwdttrtg existing dale sources, ga#*" end ma>ntaining the data needed, and cornpWM and reviewing lire collection of Inilormatlon. Send comments regarding pita burden estimate or any other aspect of the collection of trdornation, Indudirg uWastfons for reducing tuts bwden, to Deparin mw of Delonse, Washington Headquarters, Exacult a Services and Communications Directorate, Information Management DNblon and to the Office of Marageanent and Budget, Paperwork Reftflon PmW (0710-OK13). Respondents should be aware that noMbstanc&V any other provision of law, no person shall be suln]ect to any panaTly far toting to comply wtifh a adileecion of bib., an Ifft does not diapiay a axmnflX valid OMB control nrrubw. Please 00 NOT RETURN your farm to etlher of those addresses. Completed aMkdons must be submitted to the District Englinw having jurisdiction over qts location or the proposed ad h ty. PRIVACY ACT STATEMENT Auftritles: Rlvwx and Harbors Aad, Sedan 10.33 USC 403; Cleat V*derAew Sadlon 404.33 USC 1344; Marine ProlaWo% Research, and Sanctuaries Ad, Section 103,33 USC 1413; Regulatory Programs of the Corps of Englneers; Final Rde 33 CFR 320-332. Principal Purpose: Inlibrnm0an provided on this form Wirt be used te evaktating the appkeMon far a pemmff. Routine Uses: Tftls Idnforrneticn may be attaredwtlh the Department of A nuce and other federal, stats, and local goverment agendas, and the pubile and may be nada available as part of a pbtic notice as required by Federal law Submission of requested Infomudlon ie voluntary, however. ff khmuation Is not provided the permit appik edon carreot be evaluated nor can a pem* be Issued. One set of original dmv&Vs or goad repmducible copies which show the location std dander of the proposed acd* must be alladued to Rds appikalan (me sample drawinge andlor instructions) and be u6n ffied to the DkW Engine having lurisdcffon am" location of Bee ptepeaed sefwIly. An applostion BW Is not completed In full will be mhrned. MMS 1 THRU 4 TO BE F1LL2D BY THE CORPS) 1. APPLICATION NO. 2. FIELD OFFICE CODE 3. DATE RECEIVED 4, DATE APPLICATION COMPLETE (11MB OSLOW TO RE FRIED DYAPPLXANT) ii ICANT NAME B. AUTHORIZEO AGENTS NAME AND TITLE (agent Is not regal" First - Wayne Middle - Lest - Smith First - Rutherford Middle -Cle neat Last - Riddle Company - Trnsel Town LLC Company - ClearWaier Favimnmentai Consultants Inc. E- mall Address - E-mall Address-clemcnt@cwemr.aom S. APPLICANT'S ADDRESS: Q. AGENTS ADDRESS: Address- 51 Bridge St. ftkew 32 Claybon Street city. Sylva State - NC zip - 28779 Country -USA City - Asheville state - NC Zip - 28801 Cowft -USA 7. APPLICANTS PHONE NOs, W AREA CODE 10. AGENTS PHONE NOs. wdAREA CODE a. Residence b. Business m Fax a. Residence b. Business a Fax (828)269-0253 (82)698-9800 STATEMENT OF AUTHOIi#tATION 11. I hefeby subAre, ClearVVMw Ear. CcrwuRads to and in my batalf erd in the processing of this application and to fumish, upon raquaL supplanenhd Informeticrt in support of this permit tQMRE OF APPLICANT DIt NAME, LOCATION, AND DESCPJP110N OF PROJECT OR ACTIVITY 12 PROJECT NAME OR TITLE (see InsNuaions) Tinsel Town 13. NAME OF WATERBODY, IF IWOWN (ff sppllcabfe) 14. PRCUECTSiREETADDRESS (lf applicable) Scott Creek Address 21 Ferguson Rd 1S. LOCATION OF PROJECT Lathurde: -N 33.393902 LaWaude: W -83.19461 " Sylva State- NC gyp- 28779 18, OTHER LOCATION DESCRIPTIONS` IF KNOWN (see h*u c0m) State Tat Parcel ID see aftached parcel infiormatI= Munidpallty Sylva Se don - Township - Renee - ENG FORM 4W, OCT 2010 EDITION OF OCT 2W 18 olltlD M Apow* cwxom 17 DIRECTtt NS TO THE SITE From Asheville, take I-40 West to PLC Highway 74. Take Exit 27 W coatkme'Wesd on NC Highway 74. Travel approximately 21 miles on Highway 74 before reaching Forguson Rd. on the right. The site will be ou the left. 18. Nshxa efAothft (Dnmoftgn of project. Indude ad features) See Attwhed 19. Project Purpose (Deaedbe the reason or purpose of ttpo project, see kwkucWm) See Attached USE BLOCKS 2tt-29 IP DREDGED AMP OR FILL MATERIAL IS TO gE DISCHARGED 20. Reason(e) br DiscNarge See Attached 21. Type(a) of Matadal Balny Diadmrged and the Amount Qf Each Type in Cubic Yards: Type Type Tytpe AmWnt to CtOo Yarda Amount In Cubic Yards Amount it Cubic Yells +1- 30,915 cubic yards suitable fill roatcaial 22. 9urtaco Area to Acres of WHtWWs. or Other Waters Flied (see Instrucdws) Acres 2.68 (Open Waters) or Linear Fret 29. De=43 tattt of Avoidance, MinlmIrsWm and Compamadon (see butrudons) See Attachttd BAPS FOPW4W Off 2010 24. Is Any Porton of the Work Already Complete? []Yes EjNo IF YES, DESCRIBE THE COMPLETED WORK 0mrantly Do wort has been completed within the project area 26. Addresses ofAdjotning Property Owners. Lessees. Eta, Whose PropwWAdjorns the Walerbodyan im mncnb*&Aa eaa, 0nW8ftChR#wary. a. Address- Sec Attached Ctty - State - ZIP - b. Addmw City - Stab. Zip- c. Address - City - Stele - Zip - d. Address - CRY - State - ZIP - e. Address - City - stale- ZIP - 26. List of Other Cerdflcates or Appmvawo nkft reaahmd from other Federal. Stale. or Local Agendes for Work Descr[bed in This Appkellon. AGENCY TYPE APPROVAL" ID NTINUFICA ION OVATE APPLIED DATE APPROVED DATE DENIED I. Floodplain Developw 201 a-Ir164 Fcbrusyy 9, 2018 ` Wbtdd Endure tuh Is not restricted to zoning. twdlding, and Hood plaln ills 27. Applloallon Is hereby made for permit or pemdls to mAwrtze the work described In this application. I certgy Chet this infomtakwr in tills appkadon is complete and ecosete. I tffd rthat I the auft* to underhft the work described herein or am stung as 11w duly authorized agen-t-of Hie apPlrxrnt. � % filG1+tA R OFAPPLICANT DATE ` SIGNATU A E DATE The Application must be slgned by the person who desires to undertake the proposed eo1W (appilcard) or it may be signed by a duly authorized agent if the statement In block 11 has been filled out and signed. 18 U.S.C. Sectlon 1001 prox4des that Whoever. M any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any Irick, scheme, or disguises a material fad or makes any false, fk ftus or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fittil us or fraudulent statements or entry, shall be fined not more than 310.000 or knprtsoned not more than be years or both. EW FOM 4W4 OCT 2010 ENG FORM 4345 CONTINUED: APPLICATION FOR CONSTRUCTION OF A RESIDENTIAL DEVELOPMENT FOR TINSEL TOWN INC. 18. Nature of Activity The proposed site development plan includes 20 duplex housing units and associated common space (playground), utilities, parking and road infrastructure (Figure 5). The development is divided into two portions, with 12 buildings proposed in the southern portion of the parcel and eight buildings proposed in the northern portion of the parcel. The construction of the project as proposed would require fill placed in Waters of the US, resulting in a 2.68 -acre impact to open water in an abandoned quarry pit. The applicant currently owns and operates approximately units serving the residential rental community as Section 8 housing which are currently occupied to maximum capacity. The proposed development will expand the 19. Project Purpose The purpose of the project is to convert the former quarry pond into upland area which will be used to construct a housing development, facilitating the housing accommodation of individuWfamilies within 20 dwelling units and associated infrastructure. 20. Reason(s) for Discharge. To add additional upland area for residential use. 22. Surface Area in Acres of Wetlands or Other Waters Filled C1earWater Environmental Consultants (CEC) delineated potentially jurisdictional waters on May 15 and May 24, 2017, and a preliminary JD was issued by USACE on March 1, 2018 (Attachment A). The impacts associated with development of the Tinsel Town housing development include fill deposited in an open water area of an old man-made quarry pond in the watershed of Scott Creek (S1), and temporary impacts to Blanton Branch (S3). The impacts to Blanton Branch (S3) will be required to for connection to utilities across the stream. Impact I Size Fill in open water pond 2.68 AC 23. Description of Avoidance, Minimization, and Compensation Avoidance and Minimization ofEnvironmental Impacts - The applicant has avoided and minimized impacts to streams and wetlands to the greatest extent practicable while still accomplishing the overall project purpose of constructing a financially feasible residential development. The project will permanently impact 2.68 of the 3.33 acres of man-made open waters, however 20% of the open water has been avoided, and no impacts to wetlands are proposed. Compensation - No mitigation is required for impacts to this man-made open water impoundment, and no mitigation is proposed. The applicant proposes to minimize water quality impacts during construction by using a floating silt curtain around the water fill limits (Attachment Q. A summary of the avoidance and minimization is as follows: Feature On -Site Totals Proposed Impacts Percent Avoided and Minimized Stream 2,506 LF 0 100% Wetland 5.53 AC 0 100% Open Water 3.33 AC 2.68 AC 20% ENG Form 4345 Supplemental Information Tinsel Town LLC. Pg. 1 25. Names and Addresses of Adjoining Property Owners. The adjoining property owners and their addresses are as follows (See Adjacent Parcel Map): 441 Storage LU 51 Bridge Street, Sylva NC 28779 Parcel No: 7652-23-6926 Brooks, Shirley H 211 Cornelious Ashe Road, Whittier NC 28789 Parcel No: 7652-44-0911 Bryson, Nellie R 378 Ferguson Road, Sylva NC 28779 Parcel No: 7652-45-4152 Clayton, Joyce F 101 Fishermans Lane, Sylva NC 28779 Parcel Nos: 7652-25-2685; 7652-2514664 Denton, Jay A Et Al; Joe P Denton 49 Alpine Road, Sylva NC 28779 Parcel No: 7652-55-4747 Deweese, Jerry L Jr, Catherine Deweese 34 Fishermans Lane, Sylva NC 28779 Parcel Nos: 7652-25-6194; 7652-25-7452 East Coast Petroleum Llc Po Box 1905, Sylva NC 28779 Parcel No: 7652-24-2018 Eggers, Andrew N; Susan A. Eggers 2167 Skyland Drive, Sylva NC 28779 Parcel No: 7652-25-0049 Ensley, James Charles; Rena H. Ensley 240 Ferguson Road, Sylva NC 28779 Parcel No: 7652114-2753 Ensley, Joseph R; Rebecca D. Ensley 110 Ferguson Road, Sylva NC 28779 Parcel Nos: 7652-34-4296; 7652-34-7172 ENG Form 4345 Supplemental Information Tinsel Town LLC. Hall, James H Jr; Helen D. Hall 461 Ferguson Road, Sylva NC 28779 Parcel No: 7652-35-8421 Hall, Shirley 211 Cornelious Ashe Road, Whittier NC 28789 Parcel No: 7652-44-8710 Lillard, Doris 360 Ferguson Road, Sylva NC 28779 Parcel No: 7652-45-1047 Messer, Dewayne 5914 Hwy 74 E, Sylvia NC 28779 Parcel No: 7652-35-5765 Pathways For The Future 525 Mineral Springs Drive, Sylva NC 28779 Parcel Nos: 7652-33-2900; 7652-33-2952 Rosenzweig, Bethel C 233 Alanna Avenue, Winder GA 30680 Parcel Nos: 7652-25-9165; 7652-35-1385 Schnell, Carolyn Ann 384 Ferguson Road, Sylva NC 28779 Parcel No: 7652-45-4374 Scotts Creek Baptist Church 97 Steeple Road, Sylva NC 28779 Parcel No: 7652-14-9274 Skyland Drive Properties Llc Po Box 817, Skyland NC 28776 Parcel No: 7652-36-8068 Smith, Billy W 51 Bridge Street, Sylva NC 28779 Parcel No: 7652-34-9464 Vance, Barbara Fisher 2191 Skyland Drive, Sylva NC 28779 Parcel No: 7652-25-1181 pg. 2 26. Denials or Approvals from Other Agencies The project area is in a FEMA regulated floodway (Zone AE) (Figure 6). The applicant received a Floodplain Development permit from the Jackson County Office of Permitting and Code Enforcement on February 9, 2018 (Attachment B). As a condition of this permit, there will be no placement of fill in the regulated floodway. SUPPLEMENTAL INFORMATION This document supplements the information required by the foregoing "Application for Department of the Army Permit," ENG Form 4345, including information for use in determining how the proposed action satisfies applicable Section 404(b)(1) Guidelines for Specification of Disposal Sites for Dredged or Fill Material, 40 C.F.R. Part 230, to the extent the Guidelines criteria are not addressed in the text of Form 4345. Current Characteristics and Conditions of the Tinsel Town proiect area The project site consists primarily of an old man-made pond, consisting of open water, shrub scrub wetlands, and emergent wetlands. The wetland area is a continuum between fringe wetland located adjacent to the open water. Some existing cleared area is currently utilized for small commercial building and gravel parking lot space. Streams within the project area include Scott Creek (S1), and unnamed tributary to Scott Creek (S2) and Blanton Branch (S3). Scott Creek is a tributary to the Tuckaseegee River, which is a tributary to Fontana Lake which is a tributary to the Tennessee River. Fontana Lake is a navigable -in -fact water in North Carolina. Scott Creek is classified by the NC Division of Water Resources (DWR) as "class C" (Secondary Recreation, Fresh Water), and "Tr," (Trout waters). Blanton Branch is classified as "Class C." The UT itself is not classified by the DWR. Elevation is around 2100 ft above MSL (Figure 2). The Tinsel Town residential development site is located within the Blue Ridge physiographic region of North Carolina and more specifically the Southern Crystalline Ridges and Mountains Ecoregion. The soil series present on the site include: Dellwood gravelly fine sandy loam, Fannin fine sandy loam, Slater loam, Udorthents, loamy, and Udorthents-Urban land complex. (Figure 3). Alternatives Analysis for Tinsel Town Housing Development (33 CFR Part 325 Appendix B(7), 40 CFR 230.5(c) and 40 CFR 1502.14). An evaluation of alternatives is required under NEPA and under the Section 404(b)(1) Guidelines for projects that include the discharge of dredged or fill material. NEPA requires discussion of a reasonable range of alternatives, including the no action alternative, and the effects of those alternatives; under the Guidelines, practicability of alternatives is taken into consideration and no alternative may be permitted if there is a less environmentally damaging practicable alternative. In order to be practicable, an alternative must be available, achieve the project purpose (as defined by the Corps), and be feasible when considering cost, logistics and existing technology. The criteria chosen for devaluating alternatives included: proximity to target market, access to utilities, buildable area and jurisdictional impacts. Proximity to Target Market: Potential alternative parcels were chosen in a search area that encompasses eastern Sylva along a primary transportation corridor (HWY 23174), stretching east to the Blue Ridge Parkway. The townships of Sylva and Scott Creek along the HWY 74 corridor have experienced a population increase of 8-9% according to the 2000-2010 census (Jackson County 2040 Comp Plan). The largest growth rate occurred in the 20-24 age group. Access to transportation and reasonable commute time were a primary consideration in developing this search area. These criteria were chosen as a surrogate measure for housing demand among the target demographic, which is middle-income potential duplex tenants with employment in the Sylva vicinity. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 3 Buildable Area: The limits of disturbance of the proposed development consists of 8.45 acres, while the area proposed for impacts to jurisdictional waters is 5.45 acres. Available sites with at least 5 acres of flat land were considered. Unbuildable steep topography would represent an investment in additional unnecessary acreage and would otherwise present a barrier to developing the parcel. Utility connection. Proximity to existing utilities, including electricity water and sewer, is a major factor in determining practicable alternatives to the placement of this duplex housing development. Investment in utility line extension would not be financially feasible due to the scope of the project. Jurisdictional Impacts: The impacts to jurisdictional features should be minimized within the chosen alternative. The applicant Tinsel Town, LLC considered three alternatives to siting the 20 dwelling units proposed for development in the project area which include a) As -Proposed Alternative; b) Alternative Site; and c) No Action Alternative. They are described as follows: a) As -Proposed Alternative The project as proposed would involve the construction of 20 duplex housing units and associated common space (playground), utilities, parking and road infrastructure. The Limits of Disturbance (LOD) for the proposed alternative comprises approximately 8.45 acres. The applicant has worked to design the site to minimize the impact on the wetlands. There are no permanent impacts to jurisdictional streams and wetlands on site. The project design limits fill in jurisdictional areas to impacts to open water areas only. b) Alternative Site Alternative locations owned by the applicant with approximately the same acreage were considered for siting the 20 dwelling units (Figure 7): Alternative Site 1(PIN # 7652-48-9011) is a 14 -acre lot owned by Wayne Smith with access to utility connections and within the search area envelope. It is located off of Castle Rock Circle approximately one half mile northeast of the proposed site. However, this lot is not a feasible alternative because it is currently developed and fully occupied with mobile homes. Therefore, it does not currently have enough buildable area to be used for additional housing development. Alternative Site 2 (PIN # 7652-24-9824) is a 7 -acre lot owned by Wayne Smith with access to utility connections and within the search area envelope. It is located at 23 Dublin Ct, an adjacent parcel directly north of the proposed site. However, this lot is not a feasible alternative because it is currently developed and fully occupied with mobile homes. Therefore, it does not currently have enough buildable area to be used for additional housing development. Alternative Site 3 (PIN # 7652-24-4612) is a 6 -acre lot owned by Wayne Smith with access to utility connections and within the search area envelope. It is located off of Steeple Rd, an adjacent parcel directly north of the proposed site. This site may be considered a feasible alternative according to search criteria, however it is currently proposed for a mobile home development. Alternative Site 4 (Multiple pins) consists of multiple adjacent lots owned by Wayne Smith with a combined area greater than 5 acres. This area has access to utility connections and is within the search area envelope. It is located at 12 Budget Ct, approximately two miles southwest of the proposed site. However, this site is not a feasible alternative because it is ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 4 currently developed and fully occupied with mobile homes. Therefore, it does not currently have enough buildable area to be used for additional housing development. .Alternative Site 5 (Multiple pins) consists of multiple adjacent lots owned by Wayne Smith with a combined area greater than 5 acres. This area has access to utility connections and is within the search area envelope. It is located at 128 Lone Star Drive, approximately two miles southwest of the proposed site. This site may be considered a feasible alternative according to criteria however it is currently subdivided into >I acre lots and is under development for single family homes. Therefore, the site wouldn't be able to support the proposed multifamily residential project. Alternative Site 6 (PIN # 7641-87-4415 & 7641-87-2290) consists of two adjacent lots owned by Wayne Smith with a combined area greater than 5 acres. This area has access to utility connections and is within the search area envelope. It is located at 11 Sumac Rd, approximately 1.5 miles south of the proposed site. However, this site is not a feasible alternative because it is currently developed and fully occupied with mobile homes. Therefore, it does not currently have enough buildable area to be used for additional housing development. Alternative Site 7 (PIN #7652-85-1986) is a 7 -acre lot owned by Wayne Smith with access to utility connections and within the search area envelope. It is located at 253 Varsity Drive, approximately 1 mile east of the proposed site. However, this lot is currently undeveloped, but has steep topography, over 400' of elevation change (2,320 to 2,720 MSI) which is reducing the buildable area of the lot below the threshold required for the 20 unit housing development. Alternative Site 8 (Multiple pins) consists of multiple adjacent lots owned by Tinsel Town Inc. with a combined area greater than 5 acres. This area has access to utility connections and is within the search area envelope. It is located at off Canter Ln, approximately four miles east of the proposed site. This site may be considered a feasible alternative according to criteria however it is currently subdivided into >1 acre lots and is under development for single family homes. Therefore, this site would not be able to support the proposed multifamily residential project. Table 1. Summary of alternatives analysis selection criteria O = Meets criteria X= Does not meet criteria *Based on GIS for discussion purposes only. Actual jurisdictional waters present on-site may be different. ENG Form 4345 Supplemental information Tinsel Town LLC. pg. 5 L Proximity to target market Access to utilities Buildable Area Jurisdictional hn acts* Alternative 1 O O X O Alternative 2 O O X O Alternative 3 O O O O Alternative 4 O O X O Alternative 5 O O O O Alternative 6 O O X O Alternative 7 O O X O Alternative 8 O O X O Preferred Alternative O O O X 1 O = Meets criteria X= Does not meet criteria *Based on GIS for discussion purposes only. Actual jurisdictional waters present on-site may be different. ENG Form 4345 Supplemental information Tinsel Town LLC. pg. 5 L c) No -Action Alternative NEPA requires that a No -Action alternative be analyzed which considers the "predictable actions," if any, that may occur should the USACE decide not to act. Under the No -Action Alternative the project would not be built. The proposed project site would remain undeveloped as a housing development but could eventually be developed for uses other than housing. At this time, should the proposed federal action not be approved, there are no other proposed uses for the site. Impacts associated with any future economic development activities on the site occurring as a result of adoption of the No -Action Alternative are unknown. All adverse effects associated with the proposed housing development, and associated infrastructure would be avoided. The benefit to the community of increased affordable housing would not occur. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 6 1.0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES 1.1 Factual Determination The USACE is required to determine both potential short-term and long-term effects of a proposed discharge of dredge and fill material on the physical, chemical, and biological components of an aquatic environment. 1.2 Potential Impacts on Physical and Chemical Characteristics of the A uatic Ecosystem Sub -Part C of the 40 C.F.R. 230 guidelines lists six physical and chemical characteristics that must be assessed during the permit review, and the effects of which must be determined to be minimal on the aquatic ecosystem. Table 2 — Factual Determinations of Potential Impacts Minor No Negligible Effect Minor Effect Major Site NIA Effect Effect (Short (Long Term) Effect Term) Physical substrate X Water circulation, X fluctuation and salinity Suspended X particulates/turbidity Contaminants X Aquatic ecosystem and X organisms Proposed disposal site X Cumulative effects on the X aquatic ecosystem Secondary effects on the X aquatic ecosystem 1.2.1 Substrate Material suitable for fill in Waters of the US will be placed in jurisdictional open water. Any discharge will consist of suitable fill material and will not include any trash, debris, car bodies, asphalt, etc. The fill material used on site will be clear and free of chemical contamination, and free of toxic pollutants in toxic amounts. It is anticipated that suitable, off-site, clean fill material will be transported to the project. All the fill material needed at the site will be taken from specified locations at PIN numbers 7650-01-8096 and 7652-88-7354. Proper sediment and erosion control devices, including floating silt curtains, will be installed prior to and during construction to ensure that the bottom elevation of remaining streams and wetlands on the property will not change. The preliminary sediment and erosion control plan is included for review in Attachment C. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 7 1.2.2 Current Patterns in Water Circulation The proposed activities will modify current water circulation patterns by reducing the total pond volume, which may result in permanently changing velocity or flow of water circulation. The pond outlet will be stabilized during Phase 1 of construction. A temporary sandbag coffer dam will be installed to temporarily replace an existing, nonfunctioning 24 -inch CMP with a temporary, 12 - inch pond drain pipe and valve. The temporary , which will be used to temporarily lower water levels in the pond. An existing 24 -inch CMP pipe on .Scotts Creek will be replaced with a temporary 12 -inch DER2 PVC pond drain with gate valve. This will temporarily modify the direction and volume of water flow from the pond. Following Phase 1 of construction, the drain piping and valve will be removed, and the banks of Scotts Creek will be restored to original 2:1 slope using a Class - B Rip -rap face. Following removal of the drain piping, the original outlet of the pond will remain at the original elevation. 1.2.3 Suspended Particulate/Turbidity (Sediment and Erosion Control) Installation of the sewer line crossing on Blanton Branch will be completed in the dry. During construction activities on the Site, there may be a minimal increase in suspended particulates that could lead to increased turbidity downstream. However, the increase is anticipated to be minimal and temporary due to the installation and maintenance of proper sediment and erosion control measures during construction, including the use of a floating silt curtain (Attachment Q. 1.2.3 Water Quality The proposed discharge of dredge and fill material should not cause increased contamination levels within the aquatic ecosystem. Specifically, changes in clarity, color, odor, and taste of water in addition to possible chemical contamination shall be minimized or reduced. All discharges of dredge and fill material will be controlled with a sediment and erosion control plan. The site development will result in no more than 23% impervious coverage within the limits of disturbance. Stormwater will exit the site as sheet flow according to flow vectors depicted in the attached preliminary sediment and erosion control plans (Attachment Q. The applicant is seeking a 401 water quality certification from the Division of Water Resources (DWR). 1.2.5 Normal Water Fluctuations The proposed activities may result in a temporary minimal change to the downstream hydrologic regimes. An existing 24 -inch CMP pipe on Scotts Creek will be replaced with a temporary 12 -inch DER2 PVC pond drain with 12 inch gate valve. This will temporarily modify the direction and volume of water flow from the pond The project will not significantly increase watershed imperviousness. Increase of impervious surface will not exceed 24% for the 8.45 acre project area. Impervious surfaces preclude rain water infiltration, increase both the amount and timing (intensity) of storm water runoff, resulting in changes to both baseflow and storm water runoff (i.e. "flashy") hydrographs. 1.2.6 Salinity Because this project is located inland and away from tidally influenced waters and wetlands, no significant modification to the salinity of on-site or adjacent waters is expected. 1.3 Potential Impacts to Biological Characteristics of the Ecosystem Sub -Part D of the 40 C.F.R. 230 guidelines specify three areas of concern in which disposal of dredge and fill material can affect the biological components of the ecosystem. These components are threatened and endangered species, fish, crustaceans, mollusks, other aquatic organisms in the food web, and wildlife. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 8 Table 3 — Potential Impacts on Biological Characteristics Scientific Name Federal Status Bog turtle Glyptemys muhlenbergii Minor Minor Glaucomys sabrinus coloratus Biological characteristics NIA No Negligible Effect Effect Major Northern Long -Eared Bat (NLEB) Myotis septentrionalis Effect Effect (Short (Long Effect Bombus afnis E Spruce -Fir Moss Spider Microhexura montivaga Term) Term) Isotria medeoloides Threatened and endangered Swamp Pink Helonias bullata T Rock Gnome Lichen Gymnoderma lineare E species Fish, crustaceans, mollusk, and other aquatic organisms X Other wildlife X 1.3.1 Threatened, or Endan e�pecies CEC conducted a file review of records maintained by the US Fish and Wildlife Service (FWS) and the North Carolina Natural Heritage Program (NHP) on February 14, 2018. The desktop literature review involved a review of the FWS list of protected species in Jackson County; and the NHP Element Occurrence Data on which NHP identifies current and historic occurrences of listed species for a specific locale. The FWS lists 11 species as occurring in Jackson County that are subject to Section 7 consultation. The Federally listed species identified by the FWS and NHP are listed below. Common Name Scientific Name Federal Status Bog turtle Glyptemys muhlenbergii T (SIA) Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus E Gray bat Myotis grisescens E Indiana Bat Myotis sodalis E Northern Long -Eared Bat (NLEB) Myotis septentrionalis T Appalachian elktoe Alasmidonta raveneliana E Rusty -patched bumble bee Bombus afnis E Spruce -Fir Moss Spider Microhexura montivaga E Small Whorled Pogonia Isotria medeoloides T Swamp Pink Helonias bullata T Rock Gnome Lichen Gymnoderma lineare E CEC consulted the FWS's "Northern I Bat Consultation Areas" map for Jackso- County. The Site is in Hydrologic Unit Code (HUC) identified as having known occurrences c hibernation or maternity sites. The applicant is coordinating development efforts with the USFW Asheville Field office to comply with the 4(d) rule. No percussive activities are proposed for us during construction and there is no proposed removal of trees necessary for development of th parcel. The NHP reviewed the area encompassed the Project Area boundary. The receiving waters of Scott Creek contains the "LTN/Tuckasegee River Aquatic Habitat," a NHP Natural Area, and the projec ENG Form 4345 Supplemental Information Tinsel Town LLC. pg.! is located 5 river miles upstream of the Tuckasegee River itself, which contains critical habitat and known element occurrences of the federally endangered Appalachian elktoe (Alasmidonta raveneliana). However, there are no known occurrences of this species documented within a 1 - mile radius of the site. The wetland areas on site comprise the NHP Natural Area `Beta Wetland," which is a Mountain Semipermanent Impoundment including the open water subtype, montane marsh subtype, and shrub subtype. No federally threatened or endangered species are documented within a 1 -mile radius of the site. However federal species of concern Eastern hellbender (Cryptobranchus alleganiensis) and Little Tennessee crayfish (Cambarus georgiae) have both been documented within the project area. CEC conducted a habitat survey and protected species survey on May 15', 2017, February 9', 2018, and August 14, 2018 to determine the potential for occurrences of animal and plant species listed as endangered or threatened by current federal regulations. The results of this survey are included in Attachment D. CEC observed potential suitable habitat for the bog turtle, swamp pink, and suitable summer habitat for Northern long-eared bat. A survey was conducted within these habitats to determine the presence or absence of the threatened or endangered species. Potential flora and fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. No threatened or endangered species were identified on the project site; therefore it is in the opinion of CEC that the proposed project is unlikely to directly affect these species. It is the opinion of CEC that the proposed project is not likely to cause an adverse impact to any federally threatened or endangered species or their critical habitat. The FWS will be notified via Public Notice about the project and will be given the opportunity to comment on the project and its potential effects on threatened and endangered species. 1.3.2 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in_the Food Web Discharges of dredge and fill material can alter the food web by impacting animals such as invertebrates that make up the basis of a food chain. The release of contaminants or an increase in turbidity has the potential to negatively affect certain aspects of the food web. Such releases may also potentially increase the levels of exotic species. Sediment and erosion control measures enacted during construction will minimize potential downstream adverse effects to water quality and mussel populations. Impacts to primary food chain production within the Waters of the US will occur on the project site, however net impacts to primary food chain production are expected to be limited to the open water areas proposed for impacts. By reducing the surface area of shallow, poorly shaded impounded water, the proposed project may result in a reduction of the amount of heated and poorly oxygenated water entering Scott Creek, a cold water trout stream. 1.3.3 Other Wildlife Activities related to the Project may reduce the amount of wildlife utilizing the area. To the extent wildlife is affected, the effects will be limited to species requiring open water conditions such as fish and dabbling waterfowl. The loss of aquatic habitat in the includes areas utilized primarily by amphibians, macroinvertebrates, fish, birds and aquatic and emergent vegetation. 1.4 Potential Impacts on Special Aquatic Sites Sub -Part E of the 40 C.F.R. 230 guidelines addresses considerations for potential impacts on special aquatic sites, which include: sanctuaries and refuges, wetlands, mud flats, vegetated shallows, coral reefs, and riffle -pool complexes. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 10 Table 4 — Potential Impacts on Special Aquatic Sites Special Aquatic Sites NIA No Negligible Effect Effect Minor Effect (Short Term) Minor Effect (Long Term) Major Effect Sanctuaries and refuges X Wetlands X Mud flats X Vegetated shallows X Coral reefs X Riffle -Pool complexes X 1.4.1 Sanctuaries and_RefuLyes Discharges of fill material has the potential to negatively affect adjacent sanctuaries and wildlife refuges by impacting water quality, decreasing wildlife habitat, increasing human access, and creating the need for frequent maintenance activity, resulting in the establishment of undesirable plant and animal species, which can change the balance of habitat type. There are no designated sanctuaries of refuges located within the project vicinity; therefore, impacts to sanctuaries or refuges would not occur as a result of the proposed project. 1.4.2 Wetlands Discharges of fill material has the potential to adversely affect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. The proposed fill would have no direct to existing wetlands on site. However, there may be negligible effects modifying wetland hydrology that would not diminish the functional value of these wetlands. 1.4.3 Mud Flats Discharges of fill material has the potential to negatively affect mud flats that exist along inland lakes, ponds, and riverine systems. There are no mud flat communities within the project vicinity; therefore, loss of these ecosystems would not occur as a result of the proposed project. 1.4.4 _ Vegetated Shallows Discharges of fill material has the potential to negatively affect vegetated shallows. Vegetated shallows are permanently inundated areas that contain rooted aquatic vegetation. This type of habitat generally exists within estuarine and marine environments; and some freshwater lakes and rivers. The proposed fill may directly impact vegetated shallows within the project vicinity by modifying hydrology, however this is not expected to diminish the functional value of the vegetated shallows. 1.4.5 Coral Reefs Discharges of fill material has the potential to negatively affect coral reefs. Coxal reefs typically exist within marine ecosystems. Coral reefs do not exist within the project vicinity; therefore, no impacts to this ecosystem would occur as a result of development at the proposed project site. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 11 1.4.6 Riffle -Pool Complexes Discharges of fill material in riffle -pool complexes has the potential to negatively affect water quality and wildlife value. This habitat is present within both Scotts creek and Blanton Branch, within the project area. There are no proposed impacts to Scotts creek and no permanent impacts proposed on Blanton Branch therefore, no discharges of fill would occur in this ecosystem as a result of development at the proposed project site. 1.5 Potential Effects on Human Use Characteristics Sub -Part F of the 40 C.F.R. 230 guidelines address potential effects on human use of wetlands and waterways. Factors including water supply, recreational and commercial fisheries, water -related recreation, aesthetics, and parks and similar preserves are considered within this portion of the guidelines. Table 4 — Potential Impacts on Human Use Characteristics Minor Minor Human Use No Negligible Effect Effect Major Characteristics NSA Effect Effect (Short (Long Effect Term) Term) Municipal and private water supplies X Recreational and commercial fisheries X Water -related recreation X Aesthetics X Parks, national and historical monuments, national seashores, X wilderness areas, research sites, and similar preserves 1.5.1 Municipal and Private Water Supply The public water supply would not increase or decrease due to activities at the proposed project site or the disposal area. 1.5.2 Recreational and Commercial Fisheries Scotts creek is a recreational fly-fishing destination and is hatchery supported water, with recreational opportunities downstream from and adjacent to the site. The Western North Carolina Fly Fishing Trail includes the section of Scotts Creek adjacent to the project site. Impacts to water quality should not affect downstream commercial or recreational opportunities. 1.5.3 Water -Related Recreation Activities taking place at the proposed project site will not increase or decrease waterborne recreation in the project boundary or vicinity. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 12 1. 5.4 Aesthetics The Project appearance would have negligible effects on the visual distinctiveness, diversity or compositional harmony of the area. The impacts to open water would have marginal effects on aesthetic values to the neighboring property owners. 1.5.5 Parks, National and Historical Monuments, National Beach Shores, Wilderness Areas, Research Sites and Similar Preserves No parks, national or historical monuments, national beach shores, wilderness areas, research sites, or similar preserves would be affected by the proposed project. 1.6 Summary Based on the EPA guidelines identified within 40 C.F.R. 230, and enumerated herein, a number of potential environmental impacts have been presented and subsequently addressed. The proposed permanent impact to a cumulative total of 2.68 acres of open water will not cause any off-site adverse impacts. 2.0 PUBLIC INTEREST CONSIDERATIONS When reviewing this application, the USACE is required to consider the project in terms of the public interest. In considering the public interest, the USACE must evaluate the probable impacts of the project and evaluate the "benefits which reasonably may be expected to occur from the proposal against reasonably foreseeable detriments". In balancing these interests, the USACE must consider the public and private need for the proposed project, the practicability of using reasonable alternative locations, and the extent and permanence of the beneficial and/or detrimental impacts of the project. The USACE also considers the following public interest factors: conservation, economics, aesthetics, general environmental concerns, wetlands, historic and cultural resources, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shore erosion and accretion, recreation, water supply and water quality, energy needs, safety, food and fiber production, mineral needs, and considerations of the property ownership. Pursuant to 33 CY R 323.6, a determination that the project is not contrary to the public interest must be achieved before permit issuance. Public interest considerations are listed in 33 C.F.R. 320.4 (a)(1) and are discussed below. Furthermore, the USACE regulations state that a permit will be granted unless the district engineer determines that it would be contrary to the public interest. The applicant has extensively evaluated these factors through the planning process and believes that the proposed project is clearly not contrary to the public interest. 2.1 Conservation The applicant is proposing avoiding I 1 acres of the remaining parcel, including the 5.5 acre existing wetland. 0.6 acres of remaining open water, and 5.3 acres of upland buffer as a component of the project. ENG Form 4345 Supplemental Information Tinsel Town LLC, pg. 13 2.2 Economics The project will provide benefits the local economy of Sylva, NC by meeting regional demand for housing among middle-income tenants with employment in the Sylva vicinity. The appropriate economic evaluations have been completed and the project as proposed is economically viable. 2.3 Aesthetics The Project appearance would have negligible enacts on the visual distinctiveness, diversity or compositional harmony of the area. The impacts to open water would have marginal effects on aesthetic values to the neighboring property owners. 2.4 General Environmental Concerns Other than open water impacts impacts, proposed activities at the project site will have no significant identifiable impacts upon other environmental components. 2.5 Wetlands Discharges of fill material has the potential to adversely affect wetlands including wetland substrate, hydrology, and vegetation. Discharges can lead to a loss of wetland values, such as wildlife habitat, flood storage, and groundwater recharge. No impacts to wetlands are proposed, therefore impacts to this ecosystem are minimized by developing in only open water areas at the proposed project site. 2.6 Historic Properties The applicant's consultant consulted the State Historic Preservation Office mapping utility (HPOWEB). Two areas on the study list (SL) for the Natural Register of Historic Places (NRBP) are in the project vicinity: John Panne] Farm (JK0161) is located approximately 0.4 mile to the north of the project area, and Oldfield Baptist Church QK0289) is located approximately 0.6 mile to the south of the project area. These sites are not listed on the NRNP and may or may not be eligible for listing. Given the nature of the sites, and distances from the project area, development of the project has no potential to affect these potentially eligible sites. 2.7 Fish and Wildlife Values Riparian and wetland areas provide habitat for many types of wildlife because of their diverse and productive plant communities, complex structure, and close proximity to surface water. Wildlife may be permanent residents of riparian and wetland areas or occasional visitor that use the areas for food, water, or temporary shelter. Food availability varies with the type of vegetation in riparian and wetland area, but includes fruit, seed, foliage, twigs, buds, insects, and other invertebrates. Trees and shrubs produce a variety of foods that are eaten by many animals and may be especially important sources of nutrition during the winter months. Grasses and herbaceous vegetation provide seeds and forage both within riparian and wetland areas and along the forest border. The stream environment provides moving water for many animals to drink, feed, swim, and reproduce. Water is also available on the moist vegetation and in wetlands that are often associated with riparian areas. These areas, both permanent and temporary, are especially important for amphibians and macro -invertebrates. Riparian and wetland areas provide a sheltered environment for many species of animals to feed, rest, and reproduce. Animals use these areas to seek shelter from extreme weather ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 14 and to escape predators and human activity. Riparian and wetland areas may also provide important travel corridors for some species and are frequently used as stop -over points for migratory birds. Impacts to stream, riparian and wetland areas are not proposed and any impacts to fish and wildlife values in these ecosystems that would occur because of development at the proposed project site are expected to be minimal. 2.8 Flood Hazards Federal Emergency Management Agency (FEMA) designated floodplains are present in the vicinity of the project area (Map Number 3700765200J effective April 19, 2010) Figure 6. The project area is primarily wetland and open water within a man-made quarry pond, which provides flood attenuation and storage capacity within the floodplain of Scotts Creek. While the project will moderately decrease the storage capacity provided by this man-made quarry pond, it is not likely to significantly increase the natural rate of flooding downstream from the site. The activities taking place within the project boundary will only marginally increase impervious surface within the watershed. A map showing the 100 -year floodplain boundary is included for review (Figure 6). The project area is in a FEMA regulated floodway (Zone AE). The applicant acquired a Floodplain Development permit (#2018-F164) issued by the Jackson County Office of Permitting and Code Enforcement on February 9, 2018 (Attachment B). 2.9 Floodplain Values Proposed activities will not negatively impact the natural and beneficial values served by floodplains downstream from the site. A map showing the 100 -year floodplain boundary is included for review (Figure 6). 2.10 Land Use The proposed project would be in compliance with local zoning regulations and ordinances. The project is consistent with surrounding land use and development. 2.11 Navigation The streams within the project area include Scotts Creek and Blanton Branch which are not Traditionally Navigable Waters. The proposed activities are not likely to affect navigation. 2.1.2 Shore Erosion and Accretion The project should have minimal effects on erosion and runoff. An erosion control plan will be implemented as part of the construction plan for the project. During the construction process, best management practices (BMPs) will be followed. These BMPs will include the construction of swales, erosion and sediment control structures, turbidity barriers, and other measures that will prevent sediment transport off the project site and into adjacent waters. Activities proposed at the development site are not likely to cause significant erosion or accretion. 2.13 Recreation Proposed activities will not increase or decrease waterborne recreation on site or in the project vicinity. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 15 2.14 Water Supply and Conservation The public water supply would not increase or decrease due to the proposed project. 2.15 Water Quality (Stormwater Management) No long-term adverse water quality impacts are anticipated. There may be a short-term increase in turbidity during construction, however proper sediment and erosion control devices will be installed prior to and during construction to minimize downstream adverse effects. The applicant is applying for a DWR 401 Water Quality Certification. 216 Energy Needs Proposed activities are not expected to significantly increase energy demands. Energy will not be produced as a result of the proposed activities. 2.17 , Safety The proposed project was designed with the maximum possible considerations for public safety. The proposed activities would not increase or decrease public safety. 2.18 Food and Fiber Production The proposed activities would not increase or decrease food and fiber production. 2.19 Mineral Needs The project fulfills no current mineral needs. No mining activities are proposed as part of the proposed project. 2.20 Considerations of Property Ownership Tinsel Town LLC, represented by Mr. Wayne Smith owns the property proposed for discharge of fill material and has the inherent right to develop the land in a reasonable and responsible manner, which includes adhering to all Federal, State, and local regulations. 2.21 Needs and Welfare of the Public The project will positively address the needs and welfare ofthe public by providing increased housing, and thereby facilitate additional economic opportunities in Sylva, NC. ENG Form 4345 Supplemental Information Tinsel Town LLC. pg. 16 Figures 1-7 Tinsel Town Inc. (+/- 22 AC) x CL low 107 in, z .Y.y_�� �� •7 4y+ ,��n. C -.FSI f� dd � U. rR•IO ST Project Boundary i' 174: Y9ci�a� 23.. ,e Z flit, 4.4, itd I f 7 Y1` {1+ �t N Legend +, 0 0.5 1 2 Project Boundary Miles Drawn by BWY 5 23 2017, CEC Project# 920 Sources: Esrl, DeLorme, NAVTEQ, USGS, NRCA,WME41, iPC, TomTom Jackson County, CLear\NaLer Site Vicinity Map North Carolina 32 Clayton Suet Figure 1 Asheville, North Carolina 28801 Tinsel Town Inc. (+/- 22 AC) tic"w;t�: -1: , phaba - �� � ' - - - <:� - •` 1. -f �F i . _e ,`- - 4 .� r+w 4 � •y� �y S� ; �^ fits M ��` ` 7-d 1 - ' ' Fl>�,� 1 ,✓ mayyy.. -Y- ., a� f to Project Boundary >01 4ti , e 5 f �i'{ r..• LF AO ZA i r _ }I+'a Legend- _. _ . ° 0 1 000 2,000 4,000 Project Boundary Feat .' r Fawn r r.. b - T * - — ! oA�frig } onal G rapt► iety ~CLearMber USGS Topogrphic Map Jackson County, SyIva North Quad North Carolina 32 Clayton street Figure 2 Asheville, North Carolina 28801 g Tinsel Town Inc. (+1- 22 AC) "fT J 4PAlai �._1 � �R l � .. ., •Sf 1r4 �1f=`J V �i DiA J sve t " � � ,ice �� �• `� �N �'.., /���:�1.1.nC a l .y�'� • i, tie � �* i �.' ' Y W ,i� 5. 4 \'k ; _ VfB ti X13% I t.F � •+�� { c 4 �' ` r• - T '��YN 't' 1 P � "✓•�_- —_ a .-` _ '_���� _ iP ��•^ Le end �., �, � • � g n r Soil � DfA - Dellwood gravelly fine sandy loam r. EaE - Fannin fine sandy loam y. _ SvB - Slater loam N Y Ud - Udorthents, loamy UfB - Udorthents-Urban land complex �+{�''' a if 1r -7. 1i W - Water 0 250 500 1.000 ------I Project Boundary Fed Jackson County, [Lear\Mater USDA Soils Map North Carolina 32 Clayton street Figure 3 Asheville, North Carolina 28801 I '.p #I N.C. GRID NORTH NAD 83 (NSRS 2011) PROPOSED SITE WPACT PLAN FIGURE 5 arWaLer FEit �S= 4 Am -R� DAVENPORT, IVEY & ASSOC., INC. PROFESSIONAL LAND SURVEYORS P.O. BOX 234 CULLOWHEE, N.C. 28723 LICENSE NO. C-0814 (828) 293-3258 SURVEY FOR: TINSEL TOWN, INC. PROPOSED BUILDING PLAN DEED BK 2198, PG 333 STATE: NORTH CAROLINA COUNTY.' JACKSON TOWNSHIP: SYI.VA DATE: FEBRUARY 6, 2018 COR. Flys: J1757 DRAWN BY, JRD SCALE, 1" = 200' FIELD BK. N/A DWG. NO: J -1757-A TOTAL PROJECT AREA +/- 22.31 ACRES JURISDICTIONAL WATERS OF THE U.S. UP STREAMS 2875 LF WETLANDS 5.53 ACRES OPEN WATER 3.33 ACRES 40' JURISDICTIONAL IMPACTS OPEN WATERS 2.68 ACRES 4d4ep4� AVOIDANCE/MINIMIZATION OPEN WATERS 0.65 ACRES WETLANDS 5.53 ACRES arWaLer FEit �S= 4 Am -R� DAVENPORT, IVEY & ASSOC., INC. PROFESSIONAL LAND SURVEYORS P.O. BOX 234 CULLOWHEE, N.C. 28723 LICENSE NO. C-0814 (828) 293-3258 SURVEY FOR: TINSEL TOWN, INC. PROPOSED BUILDING PLAN DEED BK 2198, PG 333 STATE: NORTH CAROLINA COUNTY.' JACKSON TOWNSHIP: SYI.VA DATE: FEBRUARY 6, 2018 COR. Flys: J1757 DRAWN BY, JRD SCALE, 1" = 200' FIELD BK. N/A DWG. NO: J -1757-A � v .�ROv S FL®®D`W CONST. LIMITS M (TOE OF FILL) BEAKER BA 213 � ---- 2135 ROAD AT E OF 22145Li Q Al 4„ h�` \� 9�, < ` PP `\_� MH \. Hwy 19 2 PAVED ROA . WAY—. PLAYGROUND AREA (GRASS) �(06 SP0 OLP PP EDGE Of Sg� Pp�O 40 SECTION 'A" IN OPEN WATER — SECTION "A" 2.68 Acres (T) 0.09 Ac. — PARKING 0.27 Ac. — BUILDINGS 0.24 Ac. — ROADS 0.58 Ac. 22% IMPERVIOUS, 78% OPEN PROPOSED LOW INCOME HOUSING TOTAL IN SECTION "A" 5.41 Acres (T) IMPERVIOUS CALCULATIONS 0.19 Ac. — PARKING 0.54 Ac. — BUILDINGS 0.51 Ac. — PROPOSED ROADS 1.24 Ac. 23% IMPERVIOUS, 777. OPEN (60,430 +/- CU. YARDS FILL IN POND AREA) N.C. GRID NORTH NAD 83 (NSRS 2011) x ON SECTION "A" MEW E N.C. GRID NORTH NAD 83 (NSRS 2011) m PT END 30" CMP WITH C/L OF BRANCH t SUP 4p' TROUT BUFFER MSN, � 54 0 � 9F n� sg A �q0 9F 1SS 05 SECTION "B" a PROPOSED LOW INCOME HOUSING GA � z 3.04 Acres (T) V) 0.14 Ac. — PARKING �g� 4.1 0.36 Ac. — BUILDINGS AGO N UP 0.18 Ac. — PROPOSED ROAD 9 0.74 Ac. 22% IMPERVIOUS, 78% OPEN �tx 9� 0 100 200 300 ®s SECT ON "B" VEW CROSS SECTION MEW OF POND FOR SECTION ,, 213 0+00 1+00 2+00 3+00 4+00 5+00 CROSS SECTION "A" HORIZONTAL SCALE 1" = 100' (9262 +/- CU. YARDS FILL IN POND AREA) NOTE: BASE FLOOD ELEVATIONS VARY THROUGHOUT THE SITE 6+00 2145.8 - TOP PROPOSED FILL 2144.8 - BASE FLOOD ELEVATION 2140.8 - NORMAL WATER LEVEL 2138.65 - AVERAGE BOTTOM POND (APPROXIMATE) 0 d N S CgEEK sC✓ V-Lov FUTURE PROPOSED TRAILER PARK ON STEEPLE ROAD PROPOSED TRAILER PARK '' G wE�NDs- �� ONST. LIMIT L� TOE OF FILL�}� VER DAM '' o BEA 2130 (iy�gs�c 2240 ROAD AT ELEV 2146 '\ `\ MH c� 2145 ONE WAY/ED AY ROAD o Q� a Tinsel Town Inc. (+/- 22 AC) r. r a,.' ,� � Zone A . #' •., 304 JJ Zone A. 9 AN + fit '. 4 r r1,A+\. •y N I ,.,,/►�L��� ,a I is , r e �Zodh loll AEAll 1 Tr ri" tel' •,- r SL r T AREA.OF MIMIMAE� FLOOD -HAZER 4 s „•„asM,; 1 Zone XUY, .* N x # 0.' r Legend 2511 5 O G 1,000 + Project Boundaryy , • ; _ � - �+ — — _ Feet �T 2.46. mjeot# 929 :< r' • #', i ;, �. i:Bdaa Jackson County, CLearater FEMA Floodplain Map 3700765200J North Carolina 32 Clayton Street Figure 6 Asheville, North Carolina 28801 Tinsel Town, Inc. (+/- 22 AC) t -:F . / '�' c ,•3� ! Zal- 1., irrf�' aT ."r 1— `� J - C I `• ti "� n F, f ■` .� `fir- _ I � r��j} I �-� •� di X4 'ARM I 5 z� F 1" ^mr Irk /, i f r !lik . -J: Y NJ a e 'moi Is ` ? �" •��' t LWOW Legend �7 ---- QI ? ;; : 0 250 500 1,000 1 Project Boundary" Feet ------' KT a40. 01 ea .1120 y forJ,bLpgr Oic ati �tsi rl Am= Jackson County, u -ea � Y` r Aerial Photograph North Carolina NCCGTA (2015) 32 Clayton Street Asheville, North Carolina 28801 Figure 4 Tinsel Town Inc. l Wayne Smith Parcels Alternative Site 1 existing mobile homes PIN # 7652-48-9011 Alternative Site 2 existing mobile homes PIN # 7652-24-9824 Alternative Site 3' Proposed mobile homes PIN # 7652-24-4612 ADDIF ' e Kjj� Cxpy rd 74 23 Alternative Site 4 ,l G existing mobile homes (multiple PINS) r F� a Alternative Site 7 r Alternative Site 6 Undeveloped wooded lot, existing mobile homes steep topography PIN # 7641-87-4415 PIN # 7652-85-1986 � PIN # 7641-87-2290 Alternative Site 5 Lots Subdivided rE R single family homes (multiple PINs) A Drawn by: AT"J.201 e: GEC Project# 920 Alternative Site 8 Lots Subdivided (multiple pins) Legend Wayne Smith / Tinsel Town parcels Project Boundary N Search Area +- 96i-6WTTTn 0 0.5 1 2 Miles Sources, Esh, DeLorme. NAVTEQ, USGS, NRCAN, METI; ipC, TomTom Jackson County, rl gM=rWaLer Alternative Site North Carolina Selection Area 32 Clayton Sit I Figure 7 Attachment A: Jurisdictional Determination U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW -2018-00170 County: Jackson U.S.G.S. Quad: Sylva North NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Tinsel Town, Inc., Attn.: Wayne Smith Address: 51 Bridge Street Sylva, NC 28779 Telephone Number: 828-269-0253 Size (acres): 22.31 Nearest Town: Svlva Nearest Waterway: Scott Creek, UT Scott Creek, and Blanton Branch Coordinates: 35.39390 N 83.18460 W River Basin/ HUC: Tuckasetee (06010203) Location description: The site is located on a tract of land PIN 7652-34-1635 at 21 Fe uson Road in Svlva Jackson Countv, North Carolina. Indicate Which of the Following App1Y: 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 jurisdictional 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 (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S. including 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 RHA jurisdiction on your property which, provided there is no change in the law or our published repu[ations, may be relied upon for a period not to exceed five years. The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fall 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 david.w.brown@usace.army.mil. 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 February 9, 2018 and are as approximately depicted on the attached Stream and Wetland Delineation Map, Figure 5, submitted by C1earWater Environmental Consultants, Inc. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Carps` 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 Informsation (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 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Atin: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by, N/A (Preliminary -JD). **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Officiate_ T2- -David Brown Issue Date of JD: March 1, 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.,//comsmapu.usace.army.rnii/Cni Copy furnished: Clear Water Environmental Consultants, Inc., Britt Yant, 32 Clayton Street, Asheville, NC 28801 BLANK PAGE Sylva - Parcel # 7652-34-1635 +1- 21 AC) es ns Potentially Jurisdictional Waterir . Wetland (AC) Open Water (AC) Stream (LF) ' W 1 5.53 OW 3.33 S1 1,896S2 86 f, k rat � r' S3 524 z+_ Total 5.53 Total 3.33 Total A t rr' map haw weM ldTrriim� sub-m.t��cy !' , ulil k� aaping a ha I�f�o System )OPS) and the subsequent dlreranllel correction of Ihel dela, OPS 'I demonstrate points may unwrradable errors due la topography, vagetaHw z. Im caw,andlormLWpafhsignal eaor. l _ Nols: The ikstraled wetland and strewn krceliona are approafmtle. These areas have been flagged In tlw Hold; however, May have not been surveyed. Nlhough ChmrWaler UMmnmeraal Consuaarlts, lno. (CEC) is confident In our assessment, the US Amtr Corps of Engineers (Corps) is Ure only agency Ihel can make final dedsbris regarding puisdklonal weland and wafers the US Legend or dalkwaLlorm Thererma, all pnelt haq dalemdnaflons are subject to change .` unlll valen wrfnallon h obtalned. CEC sfrongy rewmmeads that wdlten n 7. _ wrlficeibn be obtained from Iha Corps prior to dosing an go property. 7 ? beginning any ado work, or making any legal rellence an Oils determineffan. Project Boundary rY �� ap —' " r This mwas prepared by CEC using the best Informallon avalable to CEC at C • i the lime al piatluaft. This map is for informational purposes orgy and should M not be used to determine precise bmsrdades,readways, properly boundary lines, nor legal dawAplians. This map shell ncl be conalnrad m be an coder Stream >' swvey, of any data depicted. p Wetland I,< PMe�dEBonm�ryisffrromAdmunnCou*son 133iS Linear Wetland " - Open Water' 0 250 500 1.0cc Contours FL - Clearer Jackson County, Delineation Map North Carolina Delineated May 15 & 24, 2017 32 ClAylon 5trca1 Figure 5 Asheville. North Carolina 28801 Applicant: NO] IFI{.'ATHIN I.DE .�iD+1I11tiIS rC�A`11 'l:.11'I'L::I;_ 01"I'HINS UND I'llOCFS` Ai D it�,JCa,;`1' Tinsel Town, Inc., Attn.: Wayne Smith File Number: SAW -2018-00170 Date: March 1, 2018 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B PERMIT DENIAL C nJ APPROVED JURISDICTIONAL DETERMINATION D NJ PRELIMINARY JURISDICTIONAL DETERMINATION E "sd ogn, al: .tri�1�1L i'ss,iri . Civt'1'i niks�fd� til �iROOM " ma �ua�Y�'wmntc: usnx ori A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: if you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B. PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit • APPEAL. If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days ofthe date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may acceptor appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 ofthis 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 Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate [lie JD. ISE,QRON II,�- - i1E§ R ' 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: The 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 provide additional information to clarify the location of information that is already in the administrative record. C ° 3..W 5 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-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room IOM15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the oproortuni to participate in all site investi rations. 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 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: March 1, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Tinsel Town, Inc., Attn.: Wayne Smith 51 Bridge Street Sylva. NC 28779 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESA W -RG -A, SAW -2018-00170, Tinsel Town Inc. Property D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located on a tract of land (PIN 7652-34-1635) at 21 Ferguson Road in Sylva, Jackson County, North Carolina. State: NC County/parish/borough: Jackson City: Sylva Center coordinates of site (1at/long in degree decimal format): 35.39390 N, 83.18460 W Universal Transverse Mercator: NIA Name of nearestwaterbody: Scott Creels, UT Scott Creck, and Blanton Branch E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: March 1, 2018 Field Determination. Date(s): February 9, 2018 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION 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. Centered Coordinates Estimated Amount of Geographic (decimal degrees) Aquatic Resource in Type of Aquatic Authority to Which Site Number Review Area Resources Aquatic Resource Latitude Longitude (linear feet or acre) "May Be" Subject SI 0 Wetland 19 Section 404 (Scott Creek) 35.394100 -83.185699 1,896 If f Non -wetland Waters Section 101404 S2 E] Wetland Section 404 (UT Scott Creek) 35.393200 -83.186401 86 If 0 Non -wetland Waters Q Section 101404 S3 Wetland Section 404 (Blanton Branch) 35.392200 -83.186302 524 Ifi Non -wetland Waters p Section 101404 Wetland Section 404 W1 35.394100 -83 I84196 5.53 ac Non -wetland Waters Section 101404 OW � Wetland Bj Section 404 (impoundment) 35.392893 -83.185898 3.33 ac Non -wetland Watersl Section 101404 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. In any circumstance where a permit applicant obtains an individual pennit, 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 pen -nit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an 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; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an 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 al l aquatic resources in the review area affected in anyway by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial 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 AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. 1f during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation ofjurisdictional aquatic resources in the review area, the Corps will provide an AID to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: ClearWater Environmental Consultants, Inc ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. ClearWater Environmental Consultants, Inc. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: Data sheets prepared by the Corps: ❑ Corps navigable waters' study' U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. USGS map(s). Cite scale & quad name: Sylva North. ® Natural Resources Conservation Service (NRCS) Soil Survey Citation: Jackson County, NC ❑ National wetlands inventory (NWI) map(s) Cite name. State/Local wetland inventory map(s): N Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map No. 3700765200J, Panel No. 7652, Effective Date Apr. 19, 20I0 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ® Aerial (Name & Date): Google Earth Pro, Oct. 2017, Oct. 2015, Mar. 2013, May 2009, Jun. 2008, Dec. 2002, Apr, 1998, and Apr. 1993 or 0 Other (Name & Date): ❑ Previous determinniion(s). File no, and date ofresponse letter: ❑ Applicable/supporting scientific literature: ® Other information (please specify): The site contains wellands as determined by the 1987 Corps rfEughwers 11'etlaurl Deyllsealitin iiluurro/ and the RegionalSuppleuent to lire Corps t f Engineers 11'eilundT Delineadon Hrrnural. Eastern rllauulain and Piednuurt Region, Version 2.0. These wetlands are contiguous and flow directly Into associated strentns which flow indirectly Into TNWs. Wetland hydrology is enhanced with abutting streams via normal down gradient flows and periods of high water. The weilands abut to stream channels, UT Scott Creel: and Scott Creek, located on the site (lint exhibit indicators of ordinary high water marks (OWHM). The site contains open water (impoundment) that abut the.weliunds and siream channels located on the sile.'rhe impoundments receive waters and flow directly into associated abutting wetlands and tributaries. 'Phe streams on the site are UT Scott Creek, Scott Crack nud Blnnion Branch, all exhibit indicators OI-IWM including developed bed and bank, scour, presence of litter and debris, destruction of terrestrial vegetation, sediment sorting and deposition, presence of aquatic lire, and leaf litter washed away. The UT Scott Creels and Blanton Branch now into Scott Creel.-, which (lows Into the Tuchasegee River (TNW). The Tuckasegce River flows into the Little Tennessee River (TNW and section 10 River), then into ilia Tennessee River which drains into the Ohio River then to the Mississippi River before entering the Gulrof 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 jurisdictidnal determinations. David Brown, March 1, 3018 Tinsel Town, Inc., Atin.: Wayne Smith Signature And slate of Regulatory OR staff member completing ClenrWater Envircinmenial Consultants, Inc. preliminary JD (per Agent Authorization) ' Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining ilia signature is Impracticable) Two copies of dila Preliminary JD Forrn brow been provided. Please sign both copies. Keep one sigared copy for your record torr/ return a signed copy to theAshei file Regulatory Field Office by mail or "roll. USArntjr Carps of Engineers -11 rinringlou District Ashetfllle Regulatory Field Office 151 Patlon Avenue, Room 108 Aslierille, NC28801-5006 Districts may establish untefrnmcs ror requester to return signed P1D forms. Mire requester does not respond %%chin the eswbtislnd dmc name, die district may presume concurrence and no additional rollow up is necessary prior to finalizing an action. Attachment $: Floodplain Development Permit �. •l+ r„ ,1,.{("A.VU '[ (1[ 1!')'Of ! I('EOFPI:RA11771NI: & ('()I1E ENFORCTAIENT ,' s: I•lnrlrlllluiu hr'1't'lr1l�►!1r'►11 Pt'r►►1if - 7,V r ,.'!!�w 1.•e. 401 r.rinrA(alf Cere Rr,Ad„Sulr, 115, Phone. 828-5RO-7560/I'rfr: 828-586-7563 �,h A�4A'l, �4�• ,r JlhlfY.! (IIIhe: 1franA Alien Road1'hnner 8:R-743-685011`mr. 828-745^4867 1 -R f?nd I,I�r11M r�nr �\IuuH.t� 11'1\1 liuudl.aria [k♦rlupmrnl 1'rrmil Yrmhrr. Permit 1�linllnrr ?i) UaSe: t`i.i.ri 1H-��1(i� �2�09�2U18 { P11111ert1 AdeltW Fer_t imoti K[l. t{:-I•ttticel "I OW11 lne. Addrrs•' S1 Iir7dl;c Strt't:t Shite: L0NIACU: Same as 0WI1Cr Address: 2R»g Cily. Phone: State: 'lip: 1,.pe of t'ernatled i)t-%elop[nent: Lrji;xcavauun mil -ill L�lirading []l4lining ❑Dredging ❑titL'lrxge cit l-,quip."Materials 011tilit}' Construction ❑Road Construction ❑ Residential Construction ❑!tic+nre,,idential ('(tnstruction ❑Addition ❑Renovation ❑t)ther (specify); I. lowest floor and all attendant utilities shall be atleast 2 feet above the base flood elevation: (❑ NI(iVl) 1929 nr Q NAVD 098) Chcok correct datum Approximate Base Flood Elevation: 21434152 1luWtu2' t to Section 14-32, c (1), c of the Jackson County Flood Damage Prevention Ordinance, it shall be the duty of the permit bolder to submit to the Floodplain Administrator the Elevation/Floodproofing Certification within 21 calendar days of the tloodproofing being completed. Lowest floor shafl be at least two feet stove the HFE as determined by a registered land surveyor or provide floodprooting to that same level and have it certified by a registered design professional licensed in the state of !tit;. SProper Erosion and Sediment control measures shall be installed and maintained in accordance with Jackson County Sediment Control Ordinance and the North Carolina State Standards during fill operations. Prmide a minimum of two (2) openings in the foundation ►ball, having a total area of not less than one Isquare inch for a%ery square foot of enclosed area subject to flooding. The bottom of the openings shall not be greater than one (1) foot above the ground elevation at the perimeter of the foundation wall. The access area to the crawl space may be utilized to meet these criteria pro,. ided a mesh or screen door is used. MubileMa nu fact u red home shall be installed in accordance with the Jackson County Flood Damage Prevention Ordinance, Section 14-52, 3, (b). Upon completion of foundation construction, contact the Permitting & Code Enforcement Office for foundation inspection. This project -hili not have any impact that will create change to the flood elevations as noted on the Jackson County flood maps. Failure to comply with the Jackson County Flood Damage Prevention Ordinance, including any modifications and/or performance reservations, could result in assessment of civil penalties or initiation of civil or criminal court actions as defined in Se [ in/) 4 3 of the Jackson County Flood Damage Prevention Ordinance. ^CFM Approval Signature: Date: / l► 0 biz, c //J 7h-”4 V/ -,l 7-01<Y PC'" p At 4V19 Y. Attachment C: Preliminary Sediment and Erosion Control Plans RUNOFF CALCULATIONS -- FERGUSON DEVELOPMENT TINSEL TOWN, INC. SYLVA, NC 28779 The following are hydrological calculations on the effect of precipitation on pond and wetland surface areas and depth during a storm occurring once every 10 years for a total of 24 hours between the pre -construction and post -construction state of the watershed. Assuming that the source of water to the wetland / pond area from the neighboring creek is provided by subsurface seepage as there is no direct flow into the wetland/pond area from the creek, significant fluctuations in pond depth and wetland + pond surface area would be relatively insignificant from creek flow depth fluctuation and primarily caused from direct runoff / rainfall into the area. Therefore runoff calculations would best describe fluctuations in surface area and depth due to precipitation. Post —construction runoff— pre -construction runoff (based on NCDEQ Stormwater BMP Design Manual): Simple Runoff Equation: 3630 x Rd x Rv x A = Volume Rd = Precipitation depth for design storm frequency of 10 years of 24 hour duration: 4.68" for NOAA - CULLOWHEE station. Rv = Runoff Coefficient - runoff depth in inches divided by the rainfall depth in inches Rv = 0.05 + (.9 x la) la = Impervious Fraction A = Watershed area including filled in pond area remaining in pond/wetland watershed, remaining pond area , and wetland area = 7.4 Acres A. Pre -Construction runoff: la=0, Rv=.05 Runoff volume: 3630 x 4.68" x .05 x 7.4 = 6,286 CF B. Post -Construction runoff: la 28,700 SF of post -construction impervious area draining to remaining pond/wetlands = .66 Ac la=.66Ac/ Ac=.08 Rv = .05 + (0.9x.08) = 0.12 Runoff Volume: 3,630 x 4.68" x 0.12 x 7.4 = 15,478 CF The difference in runoff volume between Post -Construction and Pre -Construction watershed states is 15,478 CF — 6,286 CF = 9,192 CF. The remaining surface area of pond / wetland areas is 6.9 Acres or 302,724 SF of surface area which equates to an increase of .03 ft or 0.36" of additional average depth over the 24 hour storm. SEAL � 02WSI .V� V �1yC�INE1 EROSION CONTROL PLAN LEGEND EXISTING CONTOUR (2' INTERVALS) PROPOSED CONTOUR (2' INTERVALS) 2150 RIP RAP W/ FILTER FABRIC PROPOSED SLOPE MATTING PROPOSED SILT FENCE IllIN0welm116801C1:1_n[yal BERM / DIVERSION DITCH IPF — IRON PIN FOUND NIP — NEW IRON PIPE EIP — EXISTING IRON PIPE M1110 ■■■■■■■■■■■■■■■■■■ CMS — CONCRETE MONUMENT SET CMF — CONCRETE MONUMENT FOUND PP — POWER POLE SP — SERVICE POLE 0 R/W — RIGHT—OF—WAY — FENCE — CREEK OR WATERCOURSE TOP OF RIDGE TOP OF RIDGE OHP — OVERHEAD POWER LINE EROSION CONTROL NOTES: 1. PROJECT WILL DISTURB APPROXIMATELY 3.2 ACRES. LOCATED WITHIN THE LITTLE TENNESSEE RIVER BASIN. 2. BORROW AREAS ARE REQUIRED LOCATED AT PROPERTY PIN NUMBERS 7650-01-8096 AND 7652-88-7354. 3. JURISDICTIONAL WETLANDS ARE WITHIN THE PROJECT AREA. 4. PROJECT IS NOT LOCATED WITHIN A DESIGNATED WATERSHED. 5. ALL EROSION CONTROL DEVICES AND MEASURES SHALL BE CONSTRUCTED IN ACCORDANCE WITH SEEDING AND PLANTING SPECIFICATIONS FOR THE PROJECT. 6. THE CONTRACTOR SHALL DILIGENTLY AND CONTINUOUSLY MAINTAIN ALL EROSION CONTROL DEVICES AND STRUCTURES TO MINIMIZE EROSION. 7. ADDITIONAL EROSION CONTROL MEASURES MAY BE NEEDED AS SITE CONDITIONS WARRANT OR A S PER THE EROSION CONTROL INSPECTOR. 8. TEMPORARILY SEED, MULCH AND STABILIZE DENUDED AREAS THAT WILL NOT BE BROUGHT TO FINAL GRADE FOR A PERIOD OF MORE THAN 7 CALENDAR DAYS. 9. SLOPES THAT HAVE PROBLEMS ESTABLISHING A VEGETATIVE COVER SHALL REQUIRE SLOPE STABILIZATION MATTING OR ANOTHER EQUIVALENT MATERIAL TO AID IN THE ESTABLISHMENT OF A FULL COVER ON ALL SLOPES 10. THE CONTRACTOR WILL BE RESPONSIBLE FOR COMPLETING THE N.C. ENERGY, MINERAL, AND LAND RESOURCES MONITORING FORM LATEST VERSION AS REQUIRED AND SUBMIT COPIES TO THE ENGINEER AT THE END OF EVERY WORK WEEK. 11. CONTACT PERSON FOR MAINTENANCE: WAYNE SMITH - 828.269.0253. PROJECT NARRATIVE AND CONSTRUCTION SEQUENCE: PROJECT IS THE PRELIMINARY GRADING PHASE FOR THE SITE OF A NEW DEVELOPMENT. 1. PROVIDE A PRE -DISTURBANCE NOTIFICATION TO THE NCDEQ - ASHEVILLE REGIONAL OFFICE LAND QUALITY INSPECTOR A MINIMUM 48 HOURS IN ADVANCE PRIOR TO ANY WORK BEGINNING. 2. INSTALL TEMPORARY CONSTRUCTION ENTRANCE(S). 3. INSTALL ALL PERIMETER EROSION CONTROL MEASURES AS SHOWN ON THE PLANS PRIOR TO CLEARING AND GRUBBING OF THE SITE. 4. REFER TO PROJECT PLANS FOR DETAILED CONSTRUCTION SEQUENCING. 5. STABILIZE SLOPES AND OTHER FINISHED GRASSED AREAS AS THEY ARE BROUGHT TO FINISHED GRADES IN ACCORDANCE WITH SEEDING AND PLANTING SPECIFICATIONS FOR THE PROJECT. 6. ONCE THE SITE HAS BEEN STABILIZED AND APPROVED BY THE INSPECTOR, THE TEMPORARY EROSION CONTROL MEASURES MAY BE REMOVED. 7. AFTER CONSTRUCTION IS COMPLETED AND NCDEQ HAS INSPECTED AND APPROVED THAT THE SITE IS STABILIZED, THE CONTRACTOR SHALL REMOVE ANY REMAINING TEMPORARY EROSION CONTROL MEASURES AND DEVICES. PERMANENT SEEDING SCHEDULE GENERAL SEEDING NOTE: THE SEED MIXTURES SHOWN BELOW ARE THE MINIMUM ACCEPTABLE SCHEDULES FOR NCDENR. THE OWNER MAY CHOOSE TO HAVE AN ALTERNATIVE PERMANENT SEED MIX APPLIED. THE CONTRACTOR SHALL BE RESPONSIBLE FOR COORDINATING WITH THE OWNER PRIOR TO SEEDING AND SUBMIT ANY ALTERNATIVE PERMANENT SEEDING SCHEDULE TO THE ENGINEER FOR APPROVAL PRIOR TO APPLICATION OF THE SAME. MIXTURE #1 M AREAS TO BE SEEDED SHALL BE BROUGHT TO THE PROPER LINE, GRADE AND CROSS SECTION AS SHOWN ON THE PLANS OR AS PREVIOUSLY CONSTRUCTED BEFORE SEEDING OPERATION ARE STARTED. IF ANY DAMAGE BY EROSION OR OTHER CAUSES HAS OCCURRED AFTER COMPLETION OF GRADING AND BEFORE BEGINNING THE APPLICATION OF FERTILIZER AND LIME, THE CONTRACTOR SHALL REPAIR SUCH DAMAGE. THIS SHALL INCLUDE FILLING WASHES, SMOOTHING IRREGULARITIES, AND REPAIRING OTHER INCIDENTAL DAMAGE. MINOR SHAPING AND SMOOTHING OF UNEVEN AND ROUGH AREAS OUTSIDE OF THE GRADED SECTION SHALL BE DONE AS DIRECTED BY THE ENGINEER IN ORDER TO PROVIDE FOR MORE EFFECTIVE EROSION CONTROL AND FOR EACH OF SUBSEQUENT MOWING OPERATIONS. SEEDING MIXTURE: SPECIES RATE (LB/ACRE) TALL FESCUE 100 SERICEA LESPEDEZA 20 KOREAN LESPEDEZA 10 REDTOP 5 KENTUCKY BLUEGRASS 5 SEEDING NOTE AFTER AUG. 1, USE UNSCARIFIED SEED FOR SERICEA LESPEDEZA. NURSE PLANTS BETWEEN MAY 1 AND AUG 15 ADD 10 LB/ACRE GERMAN MILLET OR 15 LB/ACRE SUDANGRASS. PRIOR TO MAY 1 OR AFTER AUG. 15, ADD 40 LB/ACRE RYE (GRAIN). IT MAY BE BENEFICIAL TO PLANT THE GRASSES IN LATE SUMMER AND OVERSEED THE LESPEDEZAS IN MARCH. SEEDING DATES BEST POSSIBLE BELOW ELEVATION 2500' AUG 15 -SEPT 1 JULY 25 -SEPT. 15 MAR. 1 -APR. 1 MAR. 1 -MAY 10 ABOVE ELEVATION 2500': JULY 25 -AUG. 15 JULY 15 -AUG. 30 MAR. 20 -APR. 20 MAR. 5 -MAY 15 COMPLETE SEEDING EARLIER IN THE FALL, AND START LATER IN SPRING ON NORTH AND EAST FACING SLOPES. SOIL AMENDMENTS APPLY LIME AND FERTILIZER ACCORDING TO SOIL TESTS, OR APPLY 4,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 1,000 LB/ACRE 5-10-10 FERTILIZER. MULCH APPLY 4,000-5,000 LB/ACRE GRAIN STRAW MULCH. ANCHOR MULCH BY TACKING WITH ASPHALT, ROVING OR NETTING. NETTING SHALL BE USED ON SLOPES GREATER THAN 2:1. MAINTENANCE MOW NO MORE THAN ONCE A YEAR. REFERTILIZE IN THE SECOND YEAR UNLESS GROWTH IS FULLY ADEQUATE. RESEED, FERTILIZE AND MULCH DAMAGED AREAS IMMEDIATELY. TEMPORARY SEEDING - LATE WINTER/EARLY SPRING SEEDING MIXTURE SPECIES RATE (LB/ACRE) RYE (GRAIN) 120 KOREAN LESPEDEZA 50 OMIT KOREAN LESPEDEZA WHEN DURATION OF TEMPORARY COVER IS NOT TO EXTEND BEYOND JUNE. SEEDING DATES MOUNTAINS - ABOVE ELEVATION 2500': FEB. 15 -MAY 15 BELOW ELEVATION 2500': FEB. 1 -MAY 1 SOIL AMENDMENTS FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 2,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 750 LB/ACRE 10-10-10 FERTILIZER MULCH APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH ASPHALT, NETTING OR A MULCH ANCHORING TOOL. A DISK WITH BLADES SET NEARLY STRAIGHT CAN BE USED AS A MULCH ANCHORING TOOL. MAINTENANCE REFERTILIZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE AND MULCH IMMEDIATELY FOLLOWING EROSION OR OTHER DAMAGE. TEMPORARY SEEDING SCHEDULE - SUMMER SEEDING MIXTURE MNS — MAG NAIL SET SPECIES RATE (LB/ACRE) GERMAN MILLET 40 — POINT ON LINE BFE — BASE FLOOD ELEVATION CD N rn SEEDING DATES MOUNTAINS - MAY 15 -AUG. 15 SOIL AMENDMENTS FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 2,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 750 LB/ACRE 10-10-10 FERTILIZER MULCH APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH ASPHALT, NETTING OR A MULCH ANCHORING TOOL. A DISK WITH BLADES SET NEARLY STRAIGHT CAN BE USED AS A MULCH ANCHORING TOOL. MAINTENANCE REFERTILIZE IF GROWTH IS NOT FULLY ADEQUATE. RESEED, REFERTILIZE AND MULCH IMMEDIATELY FOLLOWING EROSION OR OTHER DAMAGE. TEMPORARY SEEDING - FALL SEEDING MIXTURE SPECIES RATE (LB/ACRE) RYE (GRAIN) 120 SEEDING DATES MOUNTAINS - AUG. 15 -DEC. 15 SOIL AMENDMENTS FOLLOW RECOMMENDATIONS OF SOIL TESTS OR APPLY 2,000 LB/ACRE GROUND AGRICULTURAL LIMESTONE AND 1000 LB/ACRE 10-10-10 FERTILIZER MULCH APPLY 4,000 LB/ACRE STRAW. ANCHOR STRAW BY TACKING WITH ASPHALT, NETTING OR A MULCH ANCHORING TOOL. A DISK WITH BLADES SET NEARLY STRAIGHT CAN BE USED AS A MULCH ANCHORING TOOL. MAINTENANCE REPAIR AND REFERTILIZE DAMAGED AREAS IMMEDIATELY. TOPDRESS WITH 50 LB/ACRE OF NITROGEN IN MARCH. IF IT IS NECESSARY TO EXTEND TEMPORARY COVER BEYOND JUNE 15, OVERSEED WITH 50 LB/ACRE KOREAN LESPEDEZA IN LATE FEBRUARY OR EARLY MARCH. FOR PROJECTS REQUIRING NPDES CONSTRUCTION GENERAL PERMITS, THE FOLLOWING SHALL APPLY: t0 m N N U 0 0 ko z t0 t Ln lfl w Ln U�U CONOOpO— MUNInJ mzco � X �N0� ❑Qz00� mj ❑}IQ aUl0.LL SITE AREA DESCRIPTION STABILIZATION STABILIZATION Q TIME FRAME TIME FRAME EXCEPTIONS PERIMETER DIKES SWALES 7 DAYS NONE DITCHES SLOPES HIGH QUALITY WATER 7 DAYS NONE (HQW) ZONES SLOPES STEEPER THAN 3:1 7 DAYS IF SLOPES ARE 10 FEET OR a LESS IN LENGTH AND ARE LLJ NOT STEEPER THAN 2:1, 14 DAYS ARE ALLOWED SLOPES 3:1 OR FLATTER 14 DAYS 7 -DAYS FOR SLOPES U GREATER THAN 50 FEET IN 0 LENGTH ALL OTHER AREAS WITH 14 DAYS NONE (EXCEPT FOR SLOPES FLATTER THAN PERIMETERS AND HWQ 4:1 ZONES } • NO PAINT OR LIQUID WASTES IN STREAM OR STORM DRAINS • DEDICATED AREAS FOR DEMOLITION, CONSTRUCTION, AND OTHER WASTES MUST BE LOCATED 50' FROM STORM DRAINS AND STREAMS UNLESS NO REASONABLE ALTERNATIVES AVAILABLE. • EARTHEN—MATERIAL STOCKPILES MUST BE LOCATED 50' FROM STORM DRAINS AND STREAMS UNLESS NO REASONABLE ALTERNATIVES ARE AVAILABLE. • CONCRETE MATERIALS MUST BE CONTROLLED TO AVOID CONTACT WITH SURFACE WATERS, WETLANDS, OR BUFFERS. m • REQUIREMENTS ARE THE SAME AS IN PREVIOUS PERMIT. • THE PERMIT ALLOWS REDUCTION FROM THE 20 ACRE MINIMUM IF THE DIRECTOR OF DWQ DETERMINES THAT OTHER BMP'S PROVIDE EQUIVALENT PROTECTION. • SAME WEEKLY INSPECTION REQUIREMENTS • SAME RAIN GAUGE & INSPECTIONS AFTER 0.5" RAIN EVENT • Inspections ARE ONLY REQUIRED DURING "NORMAL BUSINESS HOURS" • INSPECTION REPORTS MUST BE AVAILABLE ON—SITE DURING BUSINESS HOURS UNLESS A SITE—SPECIFIC EXEMPTION IS APPROVED. • RECORDS MUST BE KEPT FOR 3 YEARS AND AVAILABLE UPON REQUEST. • ELECTRONICALLY—AVAILABLE RECORDS MAY BE SUBSTITUTED UNDER CERTAIN CONDITIONS. o • PROJECTS PERMITTED UNDER THE PREVIOUS PERMIT CAN CONTINUE TO FOLLOW THE PREVIOULSY—PERMITTED CONDITIONS. • COMPLETE APPLICATIONS RECEIVED PRIOR TO AUGUST 3, 2011 CAN FOLLOW CONDITIONS OF APPROVED APPLICATION. • APPLICATIONS RECEIVED AFTER AUGUST 2, 2011 MUST COMPLY WITH NEW PERMIT CONDITIONS. • DESIGNATION ON THE PLANS WHERE THE 7 AND 14—DAY GROUND STABILIZATION REQUIREMENTS OF THE NPDES PERMIT APPLY. • DESIGNATION ON THE PLANS WHERE BASINS THAT COMPLY WITH THE SURFACE—WITHDRAWAL REQUIREMENTS OF THE NPDES PERMIT ARE LOCATED. 0 • NO PAINT OR LIQUID WASTES IN STREAM OR STORM DRAINS • DEDICATED AREAS FOR DEMOLITION, CONSTRUCTION, AND OTHER WASTES LOCATED 650' FROM STORM DRAINS AND STREAMS UNLESS NO REASONABLE ALTERNATIVE AVAILABLE. • EARTHEN—MATERIAL STOCKPILES LOCATED 50' FROM STORM DRAINS UNLESS NO REASONABLE ALTERNATIVES AVAILABLE. • CONCRETE MATERIALS MUST BE CONTROLLED TO AVOID CONTACT WITH SURFACE WATERS, WETLANDS, OR BUFFERS. • OUTLET STRUCTURES MUST WITHDRAW FROM BASIN SURFACE UNLESS DRAINAGE AREA IS LESS THAN 1 ACRE. • USE ONLY DWQ—APPROVED FLOCCULANTS. t0 m N N U 0 0 ko z t0 t Ln lfl w Ln U�U CONOOpO— MUNInJ mzco � X �N0� ❑Qz00� mj ❑}IQ aUl0.LL TI TLE LEGEND PROJECT NOTES SEEDING SPECIFICATIONS PROJECT NO. 18-0627 DRAWN BY W.A.S. CHECKED BY W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET C.1 w Q z_ 0 z a LLJ W w U 0 0 w j } 0 O z Ill: o m � W i Z w z o O v) z ~ z z J W � Qcj-) 0 ❑ z _z c U Q LL � m > a_ w O U u� w 0 ❑ z TI TLE LEGEND PROJECT NOTES SEEDING SPECIFICATIONS PROJECT NO. 18-0627 DRAWN BY W.A.S. CHECKED BY W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET C.1 Q z_ 0 z 01-1 LLJ W w U a 0 w j > 0 O z Ill: o � W i Z w z o O v) U ~ z z J W � Qcj-) 0 _z c U Q LL TI TLE LEGEND PROJECT NOTES SEEDING SPECIFICATIONS PROJECT NO. 18-0627 DRAWN BY W.A.S. CHECKED BY W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET C.1 \ \ PHASE 1 CONSTRUCTION SEQUENCE: z_ \ \ 1. PRIOR TO BEGINNING CONSTRUCTION, CONSULT WITH NCDOT WITH REGARDS TO PIPE WORK TO \ \ BE CONSTRUCTED WITHIN NCDOT RIGHT OF WAY AND OBTAIN ANY REQUIRED CONSTRUCTION EASEMENTS / ENCROACHMENT AGREEMENTS AS REQUIRED. 2. CONTACT NECESSARY NCDEQ REPRESENTATIVES 48 HOURS PRIOR TO BEGINNING WORK. \ 3. CONSTRUCT TEMPORARY SANDBAG COFFERDAM OUTSIDE LIMITS OF TEMPORARY RIP RAP INTAKE \ FOR POND DRAIN PIPING. \ 4. REMOVE EXISTING 24—INCH DIA. CMP DRAIN FROM DISCHARGE END TOWARD POND. \ 5. INSTALL 12—INCH DIA. SDR 21 PVC POND DRAIN AND VALVE PER DETAILS WITH VALVE SHUT. \ 6. REMOVE COFFERDAM. OPEN VALVE SLOWLY TO CONTROL POND DISCHARGE FLOW SUCH THAT INC. \ DISCHARGE DOES NOT CAUSE EROSION INTO BRANCH. DRAIN POND TO EXTENT POSSIBLE. \ 7. INSTALL FLOATING TURBIDITY BARRIER AS REQUIRED ALONG PERMANENT FILL SLOPE SIDE AND \ TEMPORARY DAM SIDE AS REQUIRED. KEEP POND DRAIN OPEN UNTIL FILL SLOPE / TEMPORARY \ O BERM IS BUILT ABOVE ELEVATION OF POND DISCHARGE AT BEAVER DAM BY AN ELEVATION FIRM \ DIFFERENCE OF 2 FEET. \ 8. COMPLETE FILL SLOPE / TEMPORARY DAM. 9. REMOVE POND DRAIN AND RESTORE DISCHARGE END CREEK BANK. 10. REMOVE TURBIDITY BARRIER ON FILL SIDE OF TEMPORARY DAM. w 11. BEGIN PHASE II. 0 CS' REEK BAPTIST CH. P 27-138 2, SL 124 SR REMOVE AND REPLACE EXISTING 24—INCH DIA. CMP MNS— PIPE (NON—DRAINING) WITH TEMPORARY 12—INCH DIA. SDR 21 PVC POND DRAIN W/ 12—INCH MJ GATE VALVE (FLOW CONTROL VALVE) — SEE DETAILS S 53023'13" W 30.00'(T) N 60014'26" W 156.21 YED ARE WE 0 N SMITH 1'90-598 PC 17, SL 926 J -1152-A6 BY THIS FIRM 25' TROUT BUFFER ZONE LIMITS BEAVER DAM APPEARS TO CURRENTLY �R, BE THE SOLE OUTLET FOR POND PLAN INTENT IS TO MAINTAIN DAN/�P�' �2 AS SOLE OUTLET AFTER CONSTRUCTIO i Q� / o , OC' L15_ B F� ��4�i.5 2� 6 ?,� TINSEL TOWN INC. 2198-333 22.308 ACRES ®�q% UP O� �-�FLOATING TURBIDITY BARRIER I A (TRITON TYPE 1 OR EQUIVALENT) - / PROPOSED NATIVE RIP RAP STONE BERM FACE / 601),TO REMAIN IN PLACE INSTALLED ONCPN° C O .61 / O\ / �- - -- \ PT C/L ROAD (TYP) LIMITS OF DISTURBANCE / _ 2146 POND TEMPORARY 12' WIDE BERM � \\ _ TEMPORARY 2.1 SLOPE FACE ENSLEY OF / �oP ��. 1453-223 "IPS PC 19, SL 6( ■ ■ � Qom/ � _ \ OLD 24" CMP TEMPORARY SANDBAG COFFER DAM FOR y TIE TO WELL (RUSTED -NON -DRAINING) ■ \ \ �I REMOVAL OF EXISTING 24—INCH CMP AND /��••�� � � \ \ MINSTALLATION OF TEMPORARY 12—INCH DIA. / ••.••• / / \ S 55°47'44" E INV IN -2140.61 • �\ I POND DRAIN PIPE AND VALVE ••••• 118.83 INV OUT 2139.66 -� � �$ �-•. • 40 LIMITS OF DISTURBANCE " \\\ .�U •••.. / I WELLcb I EAST COAST PETROLEUM LLC \ \ ��- �ZZ,/ I 2013-609 \ / ••• LIMITS OF DISTURBANCE / PC 6, SL 184 Z� I� \ � � PROPOSED CONSTRUCTION 41 \ J-468 BY THIS FIRM 5 3 /// ♦ ENTRANCES — SEE DETAIL I \ ✓ ♦ (ENTRANCE TO BE LOCATED \ I I ♦♦♦ AS FIELD CONDITIONS REQUIRE) R/W MON. BLANTON'S BRANCH �FF� �\ \ ♦�0A / \ FOUND Q WATER CLASSIFICATION C e�0 cF \N�� �(� S —� S / / 18" CMP \ I d cNo \ E TIE LINE \ Cp \ �' * yea INV OUT=2154.05ot N 66°31 ' 15" W I pA eooF�cF �� � 5 .. 90 nc Q 209.80 \ \ c'yQ� O 2156 v � coNC CONIC PA<�-- D ?,0 a 5/$ „ IPF �RF,q A'5 �o @ R/W MON. X <� (FOUND BURIED)so de r / o \ 441 �� ` � P c / Y \ \ STO �0 RA� AoN II \ \ G w �a \ �\ \ J� C �6 LC \ \ \ \ IVF \ l l 5 ��, o MH PP 0 C BY %l \= WELL \ \ ?'PIIS \ R ® \ � \ F'q`S'TODo PATHWAYS TO THE FUTURE 216'-423 PC 13, SL 97 & J-457 BY THIS FIRM 0.99987139 TO WAYNESVILLE HWY1 9A 0 OP M N U � 0 t0 Z O 0koU] t0 111 co 0] 03N0000— m0]NI.(1J 00 z 6 X w OQZOOW mJOXU a U] IL LL c •' o 026081 • •. FNG I A.S� \ tool: W z_ 0 z Q W W w U 0 o w } O O z o m w Z w U1 z O O Z ~ z z J O 0 Z Qcn Zcj:�_jU F_�� _D U1 w a U W 0 0 Z c •' o 026081 • •. FNG I A.S� \ tool: TITLE GRADING AND EROSION CONTROL PLAN PHASE 1 PROJECT NO. 18-0627 DRAWN BY: W.A.S. CHECKED BY W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET : C.2 z_ 0 z W W w U o w > O O z o w Z w z O O U ~ z z J O w Qcn Zcj:�_jU F_�� _D TITLE GRADING AND EROSION CONTROL PLAN PHASE 1 PROJECT NO. 18-0627 DRAWN BY: W.A.S. CHECKED BY W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET : C.2 0 re 0 N rn � p z 00 ko w �thIN <`0Ln w 0a . o U caN000p— MLlNIn j co Z000� ><w mJOXU O�IQ . aIll alLz w z_ 1 PHASE II CONSTRUCTION SEQUENCE \ 1. a. REMOVE PHASE 1 12" POND DRAIN PIPING AND VALVE ATNORTH WEST \ F POND. b. RESTORE ORIIGINALL STNER REAM TREAAM BANK to 2:1 SLOPE WITH CLASS "10 G� Q w \\ B RIP RAP FACE 2. INSTALL SILT FENCE ALONG TOP OF FINISHED FILL SLOPE ALONG \\ TEMPORARY 12' DAM. 3. INSTALL SILT FENCE ALONG TOE OF FILL SLOPES AS SHOWN. � \ W w U 0 4. COMPLETE GRADING TO FINISHED CONTOURS AS SHOWN. \ 5. CONSTRUCT TEMPORARY BERM ALONG TOP OF FILL SLOPES AS W w \ SHOWN. 1 A�i } O O \ 6. ESTABLISH PERMANENT GROUND COVER AND REMOVE ALL EROSION AND SEDIMENT CONTROL DEVICES. o m IRM I-- w >- Z w z U O U) z ~z z JU) w lQQ o T SEL 'TO -W - INC. -J , �Lp SMITH / 2198-33311 ���-D ❑ \ 1790-598 —\ 2208 ACR.ES \ PC 17, SL 926 m 6� \ J -1152—A6 BY THIS FIRM 25' TROUT BUFFER ZONE LIMITS �L cj 1 L TURBIDITY BARRIER pQ O FLOATING TUR ITY 6), P��' �2 ��\V (TRITON TYPE 1 OR EQUIVALENT) > a w 4E K BAPTIST C H . P / X / PROPOSED NATIVE RIP RAP STONE BERM FACE IMI TO REMAIN IN PLACE INSTALLED ON 2.1 SLOPE a60'�_ i QS / � —138 � / � / � B F E r-,-4',4-,,6' � \ p\� / SL 124 s Ry PROPOSED SILT FENCE -SEE DETAIL / �� � � - �� � MNS—— l� •• ''•• � 2�ao �� \\ LIMITS OF DISTURBANCE U] S 53°23' 13" W \ q •.••• � PRO OSED SI FE CE ALONG TOP F SLOPE 12' PAVED ROAD 1 •����� (� / �••• ��� I sE DETAIL ONE WAY —� •� •.� gP / 30.00'(T) \ j ••• = ;lt��•X / Zana PROPOSED FINISHED CONTOURS •'��� "�OP O MH E N S LE Y 1453-223 w N / 54 (TYPICAL) -_ _ J� _ _c \ �� \ PP 1 N 60014'26" W 1 \ 4' \ `Y' cos /8" 1 PS PC 1 9 9 S L 60 156.21 , D '' • �L� — — — ❑ REMOVE PHASE 1 DRAIN PIPING AND VALVE \����� �� �1 RESTORE ORIGINAL STREAM BANK (BLANTONS BRANCH) \ ��������`� �1� � O d.3 \ �/ 2 50 / TIE TO WELL �� ��� " • 1 \ z 2:1 SLOPE WITH CLASS B RIP RAP FACE �� ��� TEMPOR RY BERM (SEE DETAIL) UNTIL S 55047'44" E „ ,�, � ���� • PROBABLE SANITARY SEWER TIE IN MANHOLE �� .���\�� �..�•. /8`��, GROUND OVER ESTABLISHED WITHIN FILL AREA .• / ! � / � 118.83 LOCATED ON PROPERTY'S SIDE OF BLANTON'S BRANCH �••� _ , , \�� ♦•�� / ••• / •.r'•• � LIMITS OF DISTURBANCE \ 1 L/ ;��� � EAST COAST PETROLEUM LLC \ •• •_,•,C�� � .•••• �. w ,-•_.. •• qY `� 100' RA p. WELL �� �� ��� .• 2013-609 APPLY NORTH AMERICAN GREEN �1 d 4 \ �\ �'� SC150BN ROLLMAX MATTING J� 2,52 ••••• • - •• �2 LIMITS OF u / , DISTURBANCE �� PC 6 SL 184 � OR EQUIVALENT AS SHOWN TO ALL �\ � EARTHEN FILL SLOPESJ �� , ' ' '� ���� / ♦♦ ` 2 \ \ WATER DROP FLOW PATH ♦ SQA �5 \ \ (ILLU T ATES SHEET FLOW TO EDGE OF EMBANKMENT / J-468 BY THIS FIRM 5.3 _ I / —� '�� � / ♦.♦ 53.25 ♦ X52. 4 2 R/W MON. BLANTON'S BRANCH OP, \ 8. ♦ ROA FOUND WATER CLASSIFICATION C e� /CF N 4 S P Q_ O / TIE LINE C \ '• . `� �, S `�' _ / 1811 CMP -- — INV OUT=2154.05 N 66031'115"W I FF/CF PP off, !� PROPOSED SILT FENCE - SEE DETAIL 209.80 I �D ESTIMATED WATERSHED _ BOUNDARY) DNC SToRq \ x c'4 O� 0 ` \ MiN PATHWAYS TO THE FUTURE w �� 4� 0� ,�� �h hyo c coN �TS `� p `�\ X C` PAD o \�, 2167-423 P C 13 S L 9 7 8c ro 5/8 IPF RF,q SY�U @ R/W MON. ARE 8��, A (FOUND BURIED) �5 ® �.qN - / \ oo s4, �� / / X�\ y��T \ 9 J-457 BY THIS FIRM �\ 441 / STO RAG,&P sPO o��, C � �6 0, L L� LC MH PP < o� �TniS F► I h \ W � 50 \ j C) � \ 00 DOT 0.99987139 TO WAYNESVILLE ' 19A,— �� NOTES: 1) � � p z 00 ko w �thIN <`0Ln w 0a . o U caN000p— MLlNIn j co Z000� ><w mJOXU O�IQ . aIll alLz TI TLE GRADING AND EROSION CONTROL PLAN PHASE 1 PROJECT NO. 18-0627 DRAWN BY W.A.S. CHECKED BY: W.A.S. SCALE AS SHOWN DATE : 9/4/2018 SHEET : C.3 w z_ z Q w W w U 0 o W w ILW } O O o m I-- w >- Z w z U O U) z ~z z JU) w D< o ❑ z -J cr U ���-D ❑ m > a w � U U] w D ❑ z TI TLE GRADING AND EROSION CONTROL PLAN PHASE 1 PROJECT NO. 18-0627 DRAWN BY W.A.S. CHECKED BY: W.A.S. SCALE AS SHOWN DATE : 9/4/2018 SHEET : C.3 z_ z � w W w U o W w ILW O O o I-- w >- Z w z U O U) U ~z z JU) w D< o Cf) -J cr U ���-D TI TLE GRADING AND EROSION CONTROL PLAN PHASE 1 PROJECT NO. 18-0627 DRAWN BY W.A.S. CHECKED BY: W.A.S. SCALE AS SHOWN DATE : 9/4/2018 SHEET : C.3 0 N rn 50' MIN. BUT SUFFICIENT TO KEEP SEDIMENT ON SITE NOTES: 2"-3" STONE TO BE USED 25' OR WIDTH OF EXISTING (SURGE STONE OR RAILROAD PROPOSED STREET, 1. PUT SILT FENCE OR TREE PROTECTION FENCE UP TO ENSURE ROADWAY BALLAST) WHICHEVER IS CONSTRUCTION ENTRANCE IS USED. GREATER. 2. IF CONSTRUCTION ON THE SITES ARE SUCH THAT THE MUD IS NOT REMOVED BY THE VEHICLE TRAVELING OVER THE STONE, THEN THE TIRES OF THE VEHICLES MUST BE WASHED BEFORE ENTERING THE PUBLIC ROAD. MINIMUM 10 GAUGE LINE 0 I N PLAN VIEW EXISTING ROADWAY 6" MIN. 35' MIN. \–FABRIC UNDER STONE CROSS SECTION 15' MIN. NEW CONSTRUCTION 12" MIN. corn pactod soll 2' -4 rrm ifi 3w- T. w-_ J; III��- � Il�fll IIS= - tlr,l � 18 ruin � �Ii-- TEMPORARY DIVERSION DITCH/BERM DETAIL (NOT TO SCALE) STANDARD CONSTRUCTION ENTRANCE W W MAINTAIN THE GRAVEL PAD IN A CONDITION TO PREVENT MUD OR SEDIMENT FROM LEAVING THE CONSTRUCTION SITE. THIS MAY REQUIRE PERIODIC TOPDRESSING WITH 2– INCH STONE. AFTER EACH RAINFALL, INSPECT ANY STRUCTURE USED TO TRAP SEDIMENT AND CLEAN IT OUT AS NECESSARY. IMMEDIATELY REMOVE ALL OBJECTIONABLE MATERIALS SPILLED, WASHED, OR TRACKED ONTO PUBLIC ROADWAYS. 8'-0" MAXIMUM SAND BAG BERM z N M III TiTi= STEEL POST –WOVEN WIRE FABRIC —SILT FENCE FABRIC 'LASTIC OR WIRE TIES ,–FILL SLOPE -'-8" MINIMUM 4" MINIMUM SIDE VIEW INSTALL PIPE UNDER TEMPORARY /PIPEE SAND BAG BERMS // t FRONT VIEW WIRE TIES 12)/2 GAUGE )TATE WIRES MAINTENANCE PROCEDURES: INSPECT SEDIMENT FENCES AT LEAST ONCE A WEEK AND AFTER EACH RAINFALL. MAKE ANY REQUIRED REPAIRS IMMEDIATELY. SHOULD THE FABRIC OF A SEDIMENT FENCE COLLAPSE, TEAR, DECOMPOSE OR BECOME INEFFECTIVE, REPLACE IT PROMPTLY. REMOVE SEDIMENT DEPOSITS AS NECESSARY TO PROVIDE ADEQUATE STORAGE VOLUME FOR THE NEXT RAIN AND TO REDUCE PRESSURE ON THE FENCE. TAKE CARE TO AVOID UNDERMINING THE FENCE DURING CLEANOUT. REMOVE ALL FENCING MATERIALS AND UNSTABLE SEDIMENT DEPOSITS AND BRING THE AREA TO GRADE AND STABILIZE IT AFTER THE CONTRIBUTING DRAINAGE AREA HAS BEEN PROPERLY STABILIZED. STANDARD TEMPORARY SILT FENCE I B EXISTIk G CREEK / i TEMPORARY PIPE (SIZED TO CARRY NORMAL FLOW) PROPOSED WATER OR SEWER LINE B \ A A PLAN ; � I SAND BAG BERM TEMPORARY PIPE (SIZED TO CARRY NORMAL FLOW) EXISTING CREEK BANKS \ I I / I I Z INSTALL PIPE UNDER TEMPORARY PIPE SECTION A–A SAND BAG BERM TEMPORARY PIPE (SIZED TO SAND BAG BERMS CARRY NORMAL FLOW) SECTION B–B CREEK CROSSING DETAIL N.T.S. PROPOSED WATER OR SEWER LINE EXTEND BLANKET A MINIMUM OF 3'-0" OVER CREST OF SLOPE, SEE DETAIL 4/2. TRENCHING NEEDED IF A MINIMUM S NOT AVAILABLE AT THE SLOPE OR IF OVERLAND JTICIPATED FROM UPLAND DETAILS 5/2 & 6/2 SLOPE DETAIL NO SCALE END SEAM OF BLANKETS OVERLAP 2"-4". PLACE STAPLES, ONE ON EACH CORNER OF BLANKET, 12" O.C. ALONG BLANKET END THROUGH BOTH BLANKETS. UPSLOPE BLANKET LAPS OVER DOWNSLOPE BLANKETS IN A SHINGLE AFFECT. END ROLL OVERLAP NO SCALE 0 BLANKET OVERLAP, 2"-4" \RE THROUGH u u BOTH BLANKETS. SIDE SEAM OVERLAP STAPLE DETAIL NO SCALE DETAIL 3/2 LL _E 3'-0" MIN. STAPLE 12" O.C. ALONG BOTTOM OF BLANKET AT THE END OF SLOPE BOTTOM OF SLOPE TERMINATION NO SCALE STAPLE 12" O.C. ALONG BLANKET AT SLOPE CHANGE 3'-0" MIN. 1 ROW OF STAPLES, 12" O.C. SLOPE CREST ANCHOR METHOD "A" (NO TRENCH) NO SCALE DO NOT NEED TO TRENCH BLANKET IN IF IT CAN BE EXTENDED A MINIMUM OF 3'-0" OVER THE CREST OF THE SLOPE. TRENCH APPROX. 10" WIDE x 8" DEEP SOIL PILE FROM TRENCH SLOPE TO PROTECT STEP 1 STEP 2 SLOPE TRENCHING METHOD "B" NO SCALE TRENCH APPROX. 10" WIDE x 8" DEEP —\ IC�I��I� 3I_1�19�1 1 ROW OF STAPLES, 12" O.C. 2 ROWS OF STAPLES, STAGGERED, 6" O.C., EA. DIR. 2 ROWS OF STAPLES, STAGGERED, 6" O.C., EA. DIR. SOIL FILLED FROM SOIL PILE 0 SOIL PILE FROM TRENCH � 1R, STEP 1 2 ROWS OF STAPLES 4" APART, STAGGERED, / 6" O.C., STAPLES TO BE PLACED CLOSE TO EDGE OF BLANKET SOIL FILLED FROM SOIL PILE STEP 2 SLOPE TRENCHING METHOD "C" NO SCALE \ SLOPE MATTING DETAIL (N. T. S.) NOTE: BY AMERICAN EXCELSIOR COMPANY OR APPROVED EQUAL NOTES: ?OW OF STAPLES, ' O.C. ROWS OF STAPLES, D AGGERED, 6" O.C., EA. DIR. to 0► 01 N l0 0 t0 z O ��WU] L". k0 to r,wWw CO T W U coNco00– N U N � J czcpp2 X W N 04z00F co O�IQ EL ul IL LL w w Q _z Q z Q LLJ Q W � U 0 W O w J I ry (I- > 0 O M z o W u1 Z w z z O v) U ~ z z 0 z O w D < u O Z _jv Q LL Lo TITLE GRADING AND EROSION CONTROL PLAN PHASE 1 > a w – U u] w 0 O z w PROJECT NO. 18-0627 DRAWN BY: W.A.S. CHECKED BY: W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET: CA Q _z Q z 11� LLJ Q W � U W O w J I ry (I- > 0 O z o W Z w z O O v) U ~ z z J � O w D < u Z _jv Q LL � TITLE GRADING AND EROSION CONTROL PLAN PHASE 1 PROJECT NO. 18-0627 DRAWN BY: W.A.S. CHECKED BY: W.A.S. SCALE AS SHOWN DATE 9/4/2018 SHEET: CA Attachment D: Threatened and Endangered Species Habitat Assessment, Threatened and Endangered Species Survey Prepared For Tinsel Town LLC Jackson County, North Carolina Prepared By C1earWater Environmental Consultants, Inc. 32 Clayton Street Asheville, NC 28801 August 14, 2018 List of Tables Table 1. US Fish and Wildlife Service List of Potential Threatened or Endangered Species in Jackson County, North Carolina List of Figures Figure 1: Site Vicinity Map Figure 2: USGS Topographic Map Figure 3: NCCGIA Aerial Photograph Figure 4: USDA Soils Map Figure 5: Delineation Appendices Appendix A: US Fish and Wildlife Service County Database Information NC Natural Heritage Program Data Northern Long -Eared Bat Consultation Areas Map Table of Contents 1.0 INTRODUCTION.............................................................................................................................. 3 2.0 METHODOLOGY.............................................................................................................................3 3.0 HABITAT CLASSIFICATION......................................................................................................... 4 3.1 Riparian Forest............................................................................................................................... 4 3.2 Herbaceous Wetland....................................................................................................................... 4 3.3 Forested Wetland............................................................................................................................ 5 3.4 Open Water..................................................................................................................................... 5 3.5 Stream.............................................................................................................................................5 3.6 Maintained Open Field................................................................................................................... 5 4.0 SOILS................................................................................................................................................. 6 5.0 PROTECTED SPECIES..................................................................................................................... 6 5.1 Bog turtle........................................................................................................................................ 6 5.2 Carolina northern flying squirrel.................................................................................................... 6 5.3 Gray Bat......................................................................................................................................... 7 5.4 Indiana Bat...................................................................................................................................... 8 5.5 Northern long-eared bat.................................................................................................................. 8 5.6 Appalachian elktoe......................................................................................................................... 9 5.7 Rusty -patched bumble bee.............................................................................................................. 9 5.8 Spruce -Fir Moss Spider................................................................................................................ 10 5.9 Small whorled pogonia................................................................................................................. 10 5.10 Swamp pink.................................................................................................................................. 10 5.11 Rock Gnome Lichen..................................................................................................................... 11 6.0 FINDINGS....................................................................................................................................... 11 7.0 CONCLUSION AND RECOMMENDATIONS............................................................................. 11 8.0 REFERENCES................................................................................................................................. 12 List of Tables Table 1. US Fish and Wildlife Service List of Potential Threatened or Endangered Species in Jackson County, North Carolina List of Figures Figure 1: Site Vicinity Map Figure 2: USGS Topographic Map Figure 3: NCCGIA Aerial Photograph Figure 4: USDA Soils Map Figure 5: Delineation Appendices Appendix A: US Fish and Wildlife Service County Database Information NC Natural Heritage Program Data Northern Long -Eared Bat Consultation Areas Map I►Y 0 :a7 UxolfcolZ The following report details the habitat assessment and results of the survey for the potential occurrence of threatened and endangered (T&E) species for the Sylva — Parcel # 7652-34- 1635 project site. The referenced site is located. in Jackson County, North Carolina (Figures 1-3). A T&E species survey was conducted at the project site to determine the occurrence of or the potential for animal and plant species listed as federally threatened, endangered, candidate, or state rare to exist on the proposed site. Completion of this survey was directed by and complies with current state and federal regulations [Federal Endangered Species Act of 1973 (16 USC 1531-1543) and the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25) and North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106:202.12-22)]. 2.0 METHODOLOGY A habitat survey and protected species survey were conducted on May 150', 2017, February 911, 2018, and August 141b , 2018 at the referenced project site by C1earWater Environmental Consultants, Inc. (CEC) to determine potential for occurrences of animal and plant species listed as endangered or threatened by current federal regulations. Recent literature review of the U.S. Fish and Wildlife Service (FWS) database and the North Carolina Heritage Program (NHP) provided existing data concerning the presence or potential occurrence of threatened or endangered species in Jackson County, North Carolina (Appendix A). The FWS lists the following federally endangered species as occurring or potentially occurring in Jackson County. The species listed below was included in the surveys and assessment. Table 1. Common Name Scientific Name Status Bog turtle Glyptem s muhlenbergii Threatened (SIA) Carolina northern flying squirrel Glaucom s sabrinus coloratus Endangered Gray bat Myosis grisescens Endangered Indiana bat Myotic sodalis Endangered Northern long-eared bat M otis se tentrionalis Threatened A alachian elktoe Alasmidonta raveneliana Endangered Rusty -patched bumble bee Bombus a nis Endangered Spruce -fir moss spider Microhexura montiva a Endangered Small whorled pogonia Isotria medeoloides Threatened pink Helomas bullata Threatened _Swamp Rock gnorne lichen G mnoderma lineare Endangered *T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. The N.C. Natural Heritage Program database was also reviewed and provided existing data concerning the presence or potential occurrence of state listed species in Jackson County, North Carolina. The species listed by the NHP that are known to occur in the vicinity of the project site are attached in Appendix A. The protected species audit consisted of a pedestrian survey by CEC staff. During the field survey, site habitats were identified and compared with recognized habitats for each of the species as potential flora and fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. 3.0 HABITAT CLASSIFICATION The protected species and habitat classification consisted of a pedestrian survey. During our visits to the project site, we observed six distinct habitat types: riparian forest, herbaceous wetland, forested wetland, open water, stream and maintained open field. The following is a description of each of the ten habitat types identified on the referenced site and its likelihood to harbor or support the listed species. Potential flora and fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Plants were identified to the lowest taxonomic level readily discernible in the field during the time of survey. The following is a list of habitats for the Sylva — Parcel # 7652- 34-1635 project site with a description of each of the habitat types. A soils discussion is also provided. 3.1 Riparian Forest Tree species observed include red maple (Acer rubrum), American sycamore (Platanus occidentalis), tulip poplar (Liriodendron tulipifera), black cherry (Prunus serotina) and american hornbeam (Carpinus caroliniana). In addition to saplings of the above trees, species observed in the shrub layer include multiflora rose (Rosa multiflora), and Chinese privet (Ligustrum sinense). Species observed in the herbaceous layer include christmas fern (Polystichum acrostichoides), Japanese stiltgrass (Microstegium vimineum), roundleaf greenbrier (Smilax rotundifolia) and wild onion (Allium canadense). Riverbank grape (Mitis riparia) was observed in the woody vine layer. 3.2 Herbaceous Wetland This habitat is dominated with herbaceous plants and interspersed with some shrub - scrub communities. The wetland ranges from semi -permanently saturated to permanently inundated. Shrub -scrub species observed include black willow (Salix nigra), tag alder (Alnus serrulate) and spicebush (Lindera benzoin). Species observed within the herbaceous habitat include broadleaf cattail (Typha latfolia), narrowleaf cattail (Typha angustifolia), common rush (Juncus effuses), shallow sedge (Carex lurida), rice cutgrass (Leersia oryzoides), Japanese siltgrass (Microstegium vimineum), jewelweed (Impatiens capensis), duckweed sp. (Lemnoideae sp.) sedge sp. (carex sp.), green arrow arum (Peltandra virginica), curly dock (Rumex crispus), American bur -reed (Sparganium americanum), woolgrass (Scirpus cyperinus), American water horehound (Lycopus americanus), clearweed (Pilea pumila), sensitive fern (Onoclea sensibilis), poison ivy (Toxicodendron radicans), and sweet autumn clematis (Clematis terniflora). 33 Forested Wetland Forested wetland on site range from seasonally saturated to semi -permanently inundated. This habitat has a closed canopy of mixed hardwood trees including red maple, American sycamore, black willow and American hornbeam. In addition to saplings of the above trees, species observed in the shrub layer include boxelder (Acer negundo), smooth alder (Alnus serrulata), elderberry (Sambucus nigra), spicebush (Lindera benzoin) and dogwood (Cornus sp.). Species observed in the herbaceous layer include, water hemlock (Conium maculatum), clearweed (Piles pumila), poison ivy, curly dock, common rush, shallow sedge, rice cutgrass, jewelweed, duckweed sp., sedge sp., curly dock, American bur -reed and woolgrass. 3.4 Open Water Approximately 3.33 acers of open water were delineated within the project boundary. The open water is shown as a gravel pit on the USGS topo map. The northeast end of the open water connects to wetland habitat. An intermittent unnamed tributary connects the open water to Scotts Creek as well (Figure 5). 3.5 Stream Two perennial streams run through the project boundary: Scott Creek and Blanton Branch (as identified on the USGS topographic map — Figure 2). An intermittent unnamed tributary connects the open water to Scotts Creek as well (Figure 5). Streams delineated on the project site have varied channel widths ranging from approximately four to twenty-five feet wide. Stream depths generally vary from approximately six inches to three feet. Substrate composition within these unnamed tributaries is predominantly comprised of silt, gravel, coble and fine sand. 3.6 Maintained Open Field A maintained open field habitat was observed on the northeast section of the parcel. The open field appeared to be regularly mowed and dominated by fescue. Tree and shrub layers were not present. Species that were observed within this habitat include fescue (Festuca sp.), crabgrass (Digitaria sp.), orchardgrass (Dactylis glomerate), common plantain (Plantago major), red clover (Trifolium pretense), American pokeweed (Phytolacca decandra), Goldenrod (Solidago sp.), common dandelion (Taraxacum officinale). 4.0 SOILS The project site is located within the Mountain Physiographic Province of North Carolina. The soil series present include DfA - Dellwood gravelly fine sandy loam, FaE - Fannin fine sandy loam, SvB - Slater loam, Ud - Udorthents, loamy, and UfB - Udorthents-Urban land complex. (Figure 4). 5.0 PROTECTED SPECIES The following is a brief description of the federally listed species included in the survey, its recognized habitat and comments regarding survey results for that species: 5.1 Bog turtle The Bog turtle (Glyptemys muhlenbergh), is federally listed as threatened due to similarity of appearance in North Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world, rarely exceeding three or four inches in length and weighing only about four ounces. Its orange to yellow patch on either side of the neck easily distinguishes it from other turtles Bog turtles live 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 these turtles. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the Service is designating the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. Suitable habitat for the bog turtle was found on the project site, but no evidence of this turtle was observed. It is the opinion of CEC that the proposed project is not likely to adversely affect the bog turtle. 5.2 Carolina northern flying squirrel The Carolina Northern flying squirrel (Glaucomys sabrinus coloratus), is one of two species of flying squirrels in the Southern Appalachians — the northern (Glaucomys sabrinus coloratus) and southern (Glaucomys volaris). Northern flying squirrels are about one-third larger than the very common southern species. Also, northern flying squirrels are brown on their backs, and their fur fades to a buff white on the belly. Southern flying squirrels are grayer on their backs with bright white bellies, and a clearly defined (usually black) line separates the fur colors. The endangered Carolina northern flying squirrel is a subspecies of the northern flying squirrel. Flying squirrels are nocturnal and have large eyes to help them see at night. They cannot actually fly, but glide by extending a fold of skin that stretches from their wrists to their ankles. The flattened tail acts as a rudder. Carolina northern flying squirrels are relicts of the last ice age. As the glaciers retreated northward and temperatures rose, remnant populations remained in the suitable habitat left behind on the high mountain tops along the ridges of the Southern Appalachian Mountains. Northern flying squirrels principally feed on certain fungi and lichens, though they do occasionally eat some fruits and nuts. They're active year-round, but more so in the warmer summer months. They nest in tree cavities in nests made almost exclusively of yellow birch bark, where two to six young are born in early spring. Groups of squirrels often occupy the same tree cavity, particularly in the colder winter months. Northern flying squirrels are typically found in areas where northern hardwoods, such as yellow birch, are adjacent to the higher -elevation red spruce - Fraser fir forest. These habitats are often moist and cool. Suitable habitat for northern flying squirrel does not exist within the project site. It is the opinion of CEC that the proposed project is not likely to adversely affect the northern flying squirrel. 5.3 Gray Bat The gray bat (Myotic grisescens) is the largest member of its genus in the eastern United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It is easily distinguished from all other bats within its range by its mono -colored fur. All other eastern bats have distinctly bi-or tri -colored fur on their backs. Following molt in July or August, gray bats are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in reproductive females during May and June). The wing membrane connects to the foot at the ankle rather than at the base of the first toe, as in other species of Myotis. Gray bats roost in caves year-round. Most winter caves are deep and vertical; all provide large volume below the lowest entrance and act as cold air, traps. A much wider variety of cave types are used during spring and fall transient periods. In summer, maternity colonies prefer caves that act as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the combined body heat from thousands of clustered individuals. No naturally occurring suitable habitat (caves) for the Gray bat was observed on this site. It is the opinion of CEC that the project is not likely to adversely affect the Gray Bat. 5.4 Indiana Bat The Indiana bat (Myotis sodahs) is federally listed as an endangered species. It is a medium-sized Myotis closely resembling the Iittle brown bat (Myotis lucifugus) but differing in coloration. Its fur is a dull grayfish chestnut rather than bronze, with the basal portion of the hairs of the back dull lead colored. This bat's underparts are pinkish to cinnamon, and its hind feet smaller and more delicate than in M. lucifugus. The calcar is strongly keeled. This species uses limestone caves for winter hibernation. The preferred caves have a temperature averaging 37 degrees to 43 degrees Fahrenheit in midwinter, and a relative humidity averaging 87 percent. Summer records are rather scarce. A few individuals have been found under bridges and in old buildings, and several maternity colonies have been found under loose bark and in the hollows of trees. Summer foraging by females and juveniles is limited to riparian and floodplain areas. Creeks are apparently not used if riparian trees have been removed. Males forage over floodplain ridges and hillside forests and usually roost in caves. Foraging areas average 11.2 acres per animal in midsummer. This bat has a definite breeding period that usually occurs during the first 10 days of October. Mating takes place at night on the ceilings of large rooms near cave entrances. Limited mating may also occur in the spring before the hibernating colonies disperse. No naturally occurring suitable wintering habitat (large ceilinged caves) for the Indiana bat was observed on this site. It is the opinion of CEC that the proposed project would have "no effect" on the Indiana bat. 5.5 Northern long-eared bat The Northern long-eared bat (Myotis septentrionalis), is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). The northern long-eared bat is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. Northern long- eared bats spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. No naturally occurring suitable wintering habitat for the northern long-eared bat exists within the property boundary. Summer habitat for the Northern long-eared bat consists of the cavities, hollows, cracks, or loose bark of live or dead trees typically greater than three inches DBH (diameter at breast height). Suitable summer habitat for the Northern long- eared bat was observed within the proposed site. CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Jackson County (see attached appendix A). The proposed project site is in a Hydrologic Unit Code (HUC) identified as having known occurrences of hibernation 8 or maternity sites. The applicant is coordinating development efforts with the USFWS Asheville Field office to comply with the 4(d) rule. 5.6 Appalachian elktoe Appalachian elktoe (Alismidonta raveniliana), is federally listed as endangered. This freshwater mussel has a thin but not fragile, kidney -shape shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide (Clarke 1981). Juveniles generally have a yellowish -brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches (adapted from Clarke 1981). Only two populations of the species are known to survive. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain County, North Carolina. The second population occurs in the Nolichucky River system. The Appalachian elk -toe has been reported from relatively shallow, medium- sized creeks and rivers with cool, well -oxygenated, moderate- to fast -flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy substrates (Department of the Interior 1994). Suitable habitat for Appalachian elktoe does not exist within proposed project sites. The stream substrate is dominated by silt, gravel, coble and fine sand. It is the opinion of CEC that the project is not likely to adversely affect the Appalachian elktoe. 5.7 Rusty -patched bumble bee Rusty -patched bumble bee (Bombus afflnis), is listed under Historic Record Status in Jackson County. 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). Rusty patched bumble bees live in colonies that include a single queen and female workers. The colony produces males and new queens in late summer. Queens are the largest bees in the colony, and workers are the smallest. All rusty patched bumble bees have entirely black heads, but only workers and males have a rusty reddish patch centrally located on the back. Bumble bees gather pollen and nectar from a variety of flowering plants. The rusty patched emerges early in spring and is one of the last species to go into hibernation. It needs a constant supply and diversity of flowers blooming throughout the colony's long life, April through September. Suitable habitat for rusty patched bumble bee did not exist within the project site nor was it observed during the survey. It is the opinion of CEC that the proposed project is not likely to adversely affect the rusty patched bumble bee. 5.8 Spruce -Fir Moss Spider The spruce -fir moss spider (Microhexura nomtivaga) is federally listed as an endangered species. It is one of the smallest members of the primitive suborder of spiders popularly referred to as "tarantulas." Adults of this species measure only 0.10 to 0.15 inch (2.5 — 3.8 millimeters) (about the size of a BB). Coloration of the spruce -fir moss spider ranges from light brown to yellow-brown to a darker reddish brown, and there are no markings on its abdomen. The spruce -fir moss spider only lives on the highest mountain peaks in the Southern Appalachian Mountains of western North Carolina and eastern Tennessee. The high elevation forests where this spider is found are dominated by Fraser fir with scattered red spruce. This forest type is commonly referred to as spruce -fir forests. The typical habitat of this spider is damp, but well -drained moss mats growing on rocks and boulders in well -shaded areas within these forests. The moss mats cannot be too dry (the species is very sensitive to desiccation) or too wet (large drops of water can also pose a threat to the spider). The spruce -fir moss spider is limited to a handful of mountains in western North Carolina and eastern Tennessee. The site does not support higher elevation species suitable for spruce -fir moss spider. It is the opinion of CEC that the proposed project would have "no effect" on the spruce -fir moss spider. 5.9 Small whorled pogonia Small whorled pogonia (Isotria medeoloides), is federally listed as a threatened species. It is described as a herbaceous plant approximately 3.7-9.8 inches tall with a smooth, hollow pale green stem. It produces a single whorl of five to six light green elliptical leaves, 3 inches long and 1.6 inches wide. The flower or flowers (occasionally two) are borne at the top of the stem. Habitat varies widely from white pine stands, dry deciduous woods, rich cove hardwood forest mixed with hemlock. All sites have a low shrub and sapling density. Suitable habitat for small whorled pogonia did not exist within the project site nor was it observed during the survey. It is the opinion of CEC that the proposed project is not likely to adversely affect the rusty patched bumble bee. 5.10 Swamp pink Swamp pink (Helonias bullata), is federally listed as a threatened species and is found in wetlands that are saturated but not flooded. This would include southern Appalachian bogs and swamps. Swamp pink would also be found in Atlantic white 10 cedar swamps and swampy forests bordering small streams, boggy meadows and spring seepage areas. This species is commonly associated with some evergreens, including white cedar, pitch pine, American larch, and black spruce. It can be distinguished by its basal rosette of light green, lance -shaped and parallel -veined leaves with a hollow -stemmed flower stalk that can grow 8-35 inches during flowering and up to 5 feet during seed maturation. Flowering occurs March through May and flowers are clustered (30-50) at the tip of the stem, in a bottlebrush shape. Potentially, suitable habitat for this species was found within portions of wetland areas. However, this species was not observed. It is the opinion of CEC that the proposed project is not likely to adversely affect swamp pink. 5.11 Rock Gnome Lichen Federally listed as an endangered species, rock gnome lichen (Crymnoderma lineare) occurs on rocks in areas of high humidity either at high elevations (usually vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at lower elevations. Distinguishing characteristics include dense colonies of narrow (.04 inch) straps that are blue -grey on the upper surface and generally shiny -white on the lower surface. Near the base they grade to black (the similar species of Squamulose cladonias are never blackened toward the base). Fruiting bodies are borne at the tips of the straps and are black (similar Cladonia species have brown or red fruiting bodies). Flowering occurs July through September. Suitable habitat, including rock outcrops, were not observed. It is the opinion of CEC that the proposed project would have "no effect" on rock gnome lichen. 6.0 FINDINGS During completion of the threatened and endangered species habitat assessments for the project site, CEC observed potential suitable habitat for the bog turtle, northern long- eared bat, and swamp pink. A survey was conducted within these habitats to determine the presence or absence of the threatened or endangered species. Potential flora and fauna were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. No threatened or endangered species were identified on the project site. 7.0 CONCLUSION AND RECOMMENDATIONS It is the opinion of C1earWater Environmental Consultants, Inc. that potentially, suitable habitat for threatened or endangered species may be present within portions of the project boundary. Although no threatened or endangered species were observed during the survey, the possibility could not be ruled out during the dormant season. Therefore, it is the opinion of CEC that the site should be revisited during the growing season. 11 8.0 REFERENCES Benyus, J.M. 1989. The field guide to wildlife habitats of the eastern United States. Simon and Schuster Inc. New York, NY. 336 pp. North Carolina Natural Heritage Program Online Data Search. February 14, 2018. Department of Natural and Cultural Resources, Office of Land and Water Stewardship, Raleigh, NC. Radford, A.E., H.E. Ashles and C.R. Bell. 1964. Manual of the vascular flora of the Carolinas. The University of North Carolina Press. Chapel Hill, NC. 1183 PP. Schafale, M.P., and A.S. Weakley. 1990. Classification of the natural communities of North Carolina: third approximation. North Carolina Natural Heritage Program Division of Parks and Recreation. North Carolina Dept. of Environment, Health, and Natural Resources. 325 pp. United States Fish and Wildlife Service Division of Endangered Species. Species accounts at https://www.fws.gov/raleigh/species/entylist/jackson.htmi. 12 APPENDIX A AGENCY CORRESPONDAN E .13 North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Secretary Susi H_ Hamilton February 14, 2018 Britten Yant ClearWater Environmental 9205 Davis Grey Drive Asheville, NC 28803 RE: Sylva Parcel #7652-34-1635; 920 Dear Britten Yant: NCNHDE-5330 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, or conservationlmanaged areas within the proposed project boundary. These results are presented in the attached 'Documented Occurrences' tables and map. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists and is included for reference. Tables of natural areas and conservation/managed area within a one -mile radius of the project area, if any, are also included in this report. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve (DNP), Registered Heritage Area (RHA), Clean Water Management Trust Fund (CWMTF) easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butlerOncdcr_goy. or 919.707.8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: Telephone: (919)787-8107 LOCATIOM 1651 Mail Service Center www.ncrthp.orgl 121 West Jones Street Raleigh, NC 27699-1551 Raleigh, NC 278173 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Sylva Parcel #7652-34-1635 Project No. 920 February 14, 2018 NC N H DE -5330 Element Occurrences Documented Within_ Project Area 'ltiazotromiCli`%1 Slrrt'ic"me itiOt21m > int Group Observation Occurrence Status Status PS -40 Rqo Amphibian 12892 Cryptobranchus Eastern Hellbender 2016-03-15 B 3 -Medium Species of Special v4 + is , ._ €. R5 (General) C5 (General) R1 (Exceptional) C1 (Exceptional) No Managed Areas Documented within the Project Area Concern Special Concern u Rank Rants G3G4T S3 3T4 G2G3 S2 G3 S3S4 -- G4G5 S4 G4 S4 Definitions and an explanation of status designations and codes can be found at haps- lncnhd-natureserve Q[g/contenMelp. Data query generated on February 14, 2018; source: NCNHP, Q1 January 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 alleganiensis Concern alleganiensis Crustacean 31031 Cambarus georgiae Natural 30636 Piedmont/Mountain Community Semipermanent D Impoundment (Montane — 2010 Marsh Subtype) Natural 26091 Piedmont/Mountain Community Semipermanent Impoundment (Open Water Subtype) Natural 30637 Piedmont/Mountain Community Semipermanent Impoundment (Shrub Subtype) Natural Areas Documented Within Project Area Site ,Name Beta Wetland LTNTTuckasegee River Aquatic Habitat v4 + is , ._ €. R5 (General) C5 (General) R1 (Exceptional) C1 (Exceptional) No Managed Areas Documented within the Project Area Concern Special Concern u Rank Rants G3G4T S3 3T4 G2G3 S2 G3 S3S4 -- G4G5 S4 G4 S4 Definitions and an explanation of status designations and codes can be found at haps- lncnhd-natureserve Q[g/contenMelp. Data query generated on February 14, 2018; source: NCNHP, Q1 January 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Concern Little Tennessee Crayfish 2012-03-22 E 3 -Medium Species of Concern -- 2010 D 3 -Medium --- — 2010 D 3 -Medium --- 2010 D 3 -Medium --- v4 + is , ._ €. R5 (General) C5 (General) R1 (Exceptional) C1 (Exceptional) No Managed Areas Documented within the Project Area Concern Special Concern u Rank Rants G3G4T S3 3T4 G2G3 S2 G3 S3S4 -- G4G5 S4 G4 S4 Definitions and an explanation of status designations and codes can be found at haps- lncnhd-natureserve Q[g/contenMelp. Data query generated on February 14, 2018; source: NCNHP, Q1 January 2018. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 5 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Sylva Parcel ##7652-34-1635 Project No. 920 February 14, 2018 NCNHDE-5330 Element Occurrences Documented Within a One -mile Radius of the Project Area Semipermanent Status Impoundment (Montane Taxonomic EO IQ Scientific Na Mie Common Marrs; last !tint 1#rart."y NBderal Group Water Subtype) Natural 30637 Piedmont/Mountain Observation Occurrence G5 Status Rare Subtype) Natural Areas Documented Within a One -mile Radius of the Project Area Site Nameess Date Rank R5 (General) LTN/Tuckasegee River Aquatic Habitat R1 (Exceptional) Amphibian 12892 Cryptobranchus Eastern Hellbender 2016-03-15 B 3 -Medium Species of alleganiensis Concern alleganiensis Crustacean 31031 Cambarus georgiae Little Tennessee Crayfish 2012-03-22 E 3 -Medium Species of Concern Dragonfly or 33722. Somatochlora elongata Ski -tipped Emerald 2004 -Pre H? 5 -Very -- Damselfly Low Dragonfly or 33784 Stylurus scudded Zebra Clubtail 2004 -Pre H? 5 -Very Damselfly Low Freshwater or 17984 Inflectarius ferrissi Smokey Mountain Covert 1990 -Pre E 5 -Very Terrestrial Low Gastropod Natural 30636 PiedmontlMountain 2010 D 3 -Medium -- Community Semipermanent Status Impoundment (Montane Rank Marsh Subtype) Natural 26091 Piedmont/Mountain -- Community Semipermanent Impoundment (Open G2G3 Water Subtype) Natural 30637 Piedmont/Mountain Community Semipermanent G5 Impoundment (Shrub Rare Subtype) Natural Areas Documented Within a One -mile Radius of the Project Area Site Nameess _ onal ttating Beta Wetland R5 (General) LTN/Tuckasegee River Aquatic Habitat R1 (Exceptional) G3 S3S4 2010 D 3 -Medium G4G5 S4 2010 D 3 -Medium -- G4 S4 Page 3 of 5 te`tg� C5 (General) C1 (Exceptional) Status Rank Rank Special G3G4T S3 Concern 3T4 Special G2G3 S2 Concern Significantly G5 S2S3 Rare Significantly G4G5 S2? Rare Threatened G2 S2 G3 S3S4 2010 D 3 -Medium G4G5 S4 2010 D 3 -Medium -- G4 S4 Page 3 of 5 te`tg� C5 (General) C1 (Exceptional) No Managed Areas are Documented Within a One -mile Radius of the Project Area Definitions and an explanation of status designations and codes can be found at(locnhde.natureserve.oraLntont/helo. data query generated on February 14, 2018; source: NCNHP, Q1 January2018. Please resubmit your information request if more than one year elapses before project inflation as new information is continually added to the NCNHP database. Page 4 of 5 NCNHDE-5330: Sylva Parcel #7652-34-1635 -4 4:. i 4a +` Irm r' •�.�nC., W 6h, CvmF Mvr , _ • wt.:'�Q Q4q f; r? �m Ylv ,at tnoP � P ..NC�CS151 -0r 3 _ CPIYI. Npen` OVIunly IY, LV ID ❑ Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Page 5 of 5 1:23,303 0 02 OA 0.8 m! 0 0.3 0.8 1.2 km 8euaee Ead, HERE, OeLame, InbmiTmR he m g P Cmp•. f MM. UBGS, P110, NPS, NRCMI, GwBaea. ION, Kadrtor NL, Oldnarm Sm". Eld Japan, MEn. Red China (Hong "h wduq u, Mep nyindW, C CpanStreNMep oonhi6ubls, mw the SIS U—C n,.my JiL }p: A 4,�• i ` Fisher Creak „a ,A Adds ��'�T`-ee L'" FIpLYM4 LyuMl Af S; if am IC fq�! e'o as !i •.£ � /' � µ.1.°,M1 Si 1L �` iAas� .j Foster -a, sew %4q ��!! 1a! s �'♦. � R � Q rr ,,Iw"0 { `►°T � >'.��J � 'ked;,-, ela„a, Bcmv� v„rr lAn�, `• 'i i 4a +` Irm r' •�.�nC., W 6h, CvmF Mvr , _ • wt.:'�Q Q4q f; r? �m Ylv ,at tnoP � P ..NC�CS151 -0r 3 _ CPIYI. Npen` OVIunly IY, LV ID ❑ Project Boundary Buffered Project Boundary NHP Natural Area (NHNA) Page 5 of 5 1:23,303 0 02 OA 0.8 m! 0 0.3 0.8 1.2 km 8euaee Ead, HERE, OeLame, InbmiTmR he m g P Cmp•. f MM. UBGS, P110, NPS, NRCMI, GwBaea. ION, Kadrtor NL, Oldnarm Sm". Eld Japan, MEn. Red China (Hong "h wduq u, Mep nyindW, C CpanStreNMep oonhi6ubls, mw the SIS U—C n,.my pia�::4cus .e...rU.S. Fish & Wildlife Servic(I �[ Northern Long -Eared Bat Consultation Areas Jackson County North Carolina County Boundary Watersheds with Known NLEB Maternity Trees or Hibernation Sites III, Ake �aw�.itEsiti�,y 1slr .is tiV.i�illll4i�iltP - a.,H� ,.zxiw 41.M� a o o d C If your project falls within the red areas Identified in Jackson County, please Contact the USFWS 0 5 Miles FW I USS Ecological Services Asheville Field Office. r--r—� Asheville, North Carolina 0 5 Kilometers Map Date: 213016 CarKon TransYlvartia Co: XY TN NC GA, . Black p' ox indicates large: map�extent 3/30/2018 Jackson County Endangered Species, Threatened Spedes,Federal Species of Concern, and Candidate Species Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Jackson County, North Carolina Updated: 03-22-2018 Critical Habitat Designations: Appalachian elktoe - Alasmidonta raveneliana - The main stem of the Tuckasegee River (Little Tennessee River system), from the N.C. State Route 1002 Bridge in Cullowhee, Jackson County, North Carolina, downstream to the N.C. Highway 19 Bridge, north of Bryson City, Swain County, North Carolina. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii)Geomorphically stable stream channels and banks; (iii)Pool, riffle, and run sequences within the channel; (iv)Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v)Moderate to high stream gradient; (vi)Periodic natural flooding; and (vii)Fish hosts, with adequate living, foraging, and spawning areas for them. Federal Register Reference: September 27, 2002, Federal Register, 67:61016-61040. https:llwww.Ms.gov/raleightspedesfcntylistrjackson.himl 114 Common Name Scientific name Federal Record Status Status Vertebrate: Appalachian Bewick's wren Thryomanes bewickii altos FSC Historic oog turtle Glyptemys muhlenbergii T (SIA) Probable/potential Carolina northern LIyLng_LqMjMd Glaucomys sabrinus coloratus E Current Eastern small -footed bat Myotis leibii ARS Current Shy, bat, Myotis grisescens E Probably/Potential Green salamander Aneides aeneus ARS Current Hellbender Cryptobranchus alleganiensis ARS Current Indiana bat Myotis sodalis E Current Northern long-eared _ b_al Myotis septentrionalis T Current Northern pine snake Pituophis melanoleucus FSC Current https:llwww.Ms.gov/raleightspedesfcntylistrjackson.himl 114 3/30/2018 Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species melanoleucus Northern saw -whet owl (Southern Aegolius acadicus pop. 1 FSC Current Appalachian population) Olive darter Percina squamata FSC Current Pygmy salamander Desmognathus wrighti FSC Current Red crossbill (Southern Loxia curvirostra FSC Current Appalachian) Sicklefin redhorse Moxostoma sp. 2 C Current Smoky dace Clinostomus funduloides ssp. FSC Current Southern Appalachian black- Poecile atricapillus practices FSC Current capped chickadee Yellow -bellied sapsucker Sphyrapicus varius appalachiensis FSC Current (Southern Appalachian population) wounded darter Etheostoma vulneratum FSC Current Invertebrate: Appalachian elktoe Alasmidonta raveneliana E Current French Broad crayfish Cambarus reburrus FSC Current Rus ty_patched bumble bee Bombus afjinis E Historic Southern Tawny Crescent butterfly Phyciodes batesii maconensis FSC Current spruce -fir moss spider Microhexura montivaga E Current a harvestman Fumontana deprehendor FSC Current Vascular Plant: Butternut Juglans cinerea FSC Current Balsam Mountain Gentian Gentiana latidens FSC Current Balsam Mountain Hawthorn Crataegus oreophila FSC Current Divided -leaf Ragwort Packera millefolium FSC Current Fraser fir Abies fraseri FSC Current Fraser's loosestrife Lysimachia fraseri FSC Current Gorge filmy fern Hymenophyllum tayloriae FSC Current Granite dome goldenrod Solidago simulans FSC Current Lobed Barren -strawberry Geum lobatum FSC Historic Mountain Thaspium Thaspium pinnatifidum FSC Historic Radford's sedge Carex radfordii FSC Current Small whorled Rogonia Isotria medeoloides T Current Southern Oconee -bells Shortia galacifolia var. galacifolia FSC Historic Swamp pink Helomas bullata T Current Southern appalachian purple Sarracenia purpurea var. montana ARS Current pitcherplant Smoky Mountain Mannagrass Glyceria nubigena FSC Current Torrey's Mountain -mint Pycnanthemum torrei. FSC Historic Nonvascular Plant: a liverwort Plagiochila cuduciloba FSC Current a liverwort Plagiochila sharpii ARS Current a liverwort Plagiochila sullivantii var. FSC Historic spinigera https://www.fws.goviraleightspedes/cntylistrjackson.html 214 3/30/2018 Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species a liverwort Plagiochila sullivantii var. FSC Historic sul&antii a liverwort Plagiochila virginica var. FSC Historic caroliniana a liverwort Sphenolobopsis pearsonii FSC Current Appalachian Pocket Moss Fissidens appalachensis ARS Current Lichen: Rock gnome lichen Gymnoderma lineare E Current Definitions of Federal Status Codes: E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range." T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant portion of its range." C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing. (Formerly "C1" candidate species.) BGPA =Bald and Golden Eagle Protection Act. See below. ARS = iuk'uk pe FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under consideration for listing or for which there is insufficient information to support listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage Program Lists. T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened and are not subject to Section 7 consultation. See below. EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for consultation purposes, and as species proposed for listing on private land. P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or 'PT", respectively. Bald and Golden Eagle Protection Act iIBGPA); In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de- listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit http://www.fws.ggv/migratorybirds/baldeagle htm Threatened due to similarity. of aRnearance(T(SSA))i In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss. https:fh ww&s.govtraleigh/species/cn44istrjackson.htmi 3/4 3/30/2018 Jackson County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species Definitions of Record Status: Current - the species has been observed in the county within the last 50 years. Historic - the species was last observed in the county more than 50 years ago. Obscure - the date and/or location of observation is uncertain. Incidental/migrant - the species was observed outside of its normal range or habitat. Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in adjacent counties), the presence of potentially suitable habitat, or both. https://www.fws.gDviraleightspeciestentylisVjjackson.htmi 414