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
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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
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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
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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
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rd
74 23
Alternative Site 4 ,l G
existing mobile homes
(multiple PINS)
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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:
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STABILIZATION STABILIZATION
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TIME FRAME TIME FRAME EXCEPTIONS
PERIMETER DIKES
SWALES
7 DAYS NONE
DITCHES
SLOPES
HIGH QUALITY WATER
7 DAYS NONE
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SLOPES STEEPER THAN 3:1
7 DAYS IF SLOPES ARE 10 FEET OR
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• 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.
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• 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.
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• 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.
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• 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.
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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
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LEGEND
PROJECT NOTES
SEEDING SPECIFICATIONS
PROJECT NO.
18-0627
DRAWN BY
W.A.S.
CHECKED BY
W.A.S.
SCALE
AS SHOWN
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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
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PHASE 1 CONSTRUCTION SEQUENCE:
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1.
PRIOR TO BEGINNING CONSTRUCTION, CONSULT WITH NCDOT WITH REGARDS TO PIPE WORK TO
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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.
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3.
CONSTRUCT TEMPORARY SANDBAG COFFERDAM OUTSIDE LIMITS OF TEMPORARY RIP RAP INTAKE
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FOR POND DRAIN PIPING.
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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
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TEMPORARY DAM SIDE AS REQUIRED. KEEP POND DRAIN OPEN UNTIL FILL SLOPE / TEMPORARY
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COMPLETE FILL SLOPE / TEMPORARY DAM.
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REMOVE POND DRAIN AND RESTORE DISCHARGE END CREEK BANK.
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REMOVE TURBIDITY BARRIER ON FILL SIDE OF TEMPORARY DAM.
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TITLE
GRADING AND EROSION
CONTROL PLAN PHASE 1
PROJECT NO.
18-0627
DRAWN BY:
W.A.S.
CHECKED BY
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AS SHOWN
DATE
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TITLE
GRADING AND EROSION
CONTROL PLAN PHASE 1
PROJECT NO.
18-0627
DRAWN BY:
W.A.S.
CHECKED BY
W.A.S.
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AS SHOWN
DATE
9/4/2018
SHEET :
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2. INSTALL SILT FENCE ALONG TOP OF FINISHED FILL SLOPE ALONG
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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
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PROJECT NO.
18-0627
DRAWN BY
W.A.S.
CHECKED BY:
W.A.S.
SCALE
AS SHOWN
DATE :
9/4/2018
SHEET :
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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
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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
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PLAN VIEW
EXISTING ROADWAY
6" MIN.
35' MIN.
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12" MIN.
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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
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—SILT FENCE FABRIC
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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
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B
EXISTIk G CREEK /
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TEMPORARY PIPE (SIZED TO
CARRY NORMAL FLOW)
PROPOSED WATER OR
SEWER LINE
B \
A A
PLAN ;
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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
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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 —\
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2 ROWS OF STAPLES,
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EA. DIR.
SOIL FILLED
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0
SOIL PILE
FROM TRENCH
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STEP 2
SLOPE TRENCHING
METHOD "C"
NO SCALE
\
SLOPE MATTING DETAIL
(N. T. S.)
NOTE: BY AMERICAN EXCELSIOR COMPANY OR APPROVED EQUAL
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TITLE
GRADING
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CONTROL PLAN PHASE 1
PROJECT NO.
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DRAWN BY:
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CHECKED BY:
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SCALE
AS SHOWN
DATE
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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
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�[ Northern Long -Eared Bat Consultation Areas
Jackson County
North Carolina County Boundary
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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