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HomeMy WebLinkAbout20190865 Ver 1_App_E_Approved CE_20210309Laurel Springs Stream & Wetland Mitigation Site Avery County, North Carolina DMS Project No. 100122 Categorical Exclusion/ERTR Prepared for: North Carolina Department of Environmental Quality Division of Mitigation Services 1652 Mail Service Center Raleigh, NC 27699-1652 July 2019 Laurel Springs Stream & Wetland Mitigation Site Post Contract Award IRT Site Visit: 7-24-2019 NC DMS Contract # 7890 RFP # 16-007725 DMS/Project # 100122 1 of 2 Task 1 a.) Inter-Agency Post Contract Site Visit: Site Visit Notes As specified within RFP #16-007725, an on-site meeting with regulatory agencies and DMS staff was conducted on July 24th, 2019. Below is a list of attendees and general site visit notes. Attendees: USACE: - Todd Tugwell - Kim Browning NC WRC: Andrea Leslie NC DMS: - Paul Wiesner - Matthew Reid - Periann Russell - Kirsten Ullman NC DWR: - Mac Haupt - Erin Davis Restoration Systems: - Raymond Holz - Worth Creech Axiom Environmental - Grant Lewis Site Visit Notes: - The Project can proceed as proposed - Mitigation credit cannot be gained beneath powerlines located on the site. RS will remove the existing powerline easement from the conservation easement and excluded the break from the wider buffer tool GIS analysis. - RS plans to align the dirt road which crosses UT-4 under the existing Powerline Easement to minimize encroachment on the Project. - All culverts which outfall into the project or are within the project will be reconnected to streambed elevations to allow for aquatic species passage. Where required, culverts will be removed, replaced, and inlets/outfalls buried for aquatic species passage. - Riparian wetland credits are not currently contracted with DMS. RS will approach DMS and propose to add wetland credit to the site (and DMS contract) upon receipt and review of the project’s USACE jurisdictional determination. Stream Notes: - A detailed topographic survey will be conducted to determine the practicality of restoring Fork Creek to the valley center within the upper 1/3 of the project. The approach was approved in theory by the IRT, though both the IRT and DMS voiced concerns of habitat loss from a relatively high functioning reach of Fork Creek located immediately upstream of the existing barn. This is not how the project was proposed, and any deviation from the proposal will be vetted and approved by DMS before IRT review. Laurel Springs Stream & Wetland Mitigation Site Post Contract Award IRT Site Visit: 7-24-2019 NC DMS Contract # 7890 RFP # 16-007725 DMS/Project # 100122 2 of 2 RS discussed the potential of restoring a 5th unnamed tributary located along the western property boundary of the Project. Restoration would be achieved through priority 1, new channel design within the valley footprint. The additional hydrology would help restore drained hydric soils within the upper 1/3 of the Project. Detailed topo work would determine if the stream would tie back into Fork creek above the existing barn, or stay within the valley and connect below the upper crossing. The Project was not proposed with this option, and any deviation from the proposal will be vetted and approved by DMS. - IRT members noted historical issues with maintaining channels within the floodplain of larger systems. In this case, the restoration of UT-3 and UT-4 within Fork Creek’s floodplain. - UT-1: crediting and approach approved as proposed. - UT-2: crediting and approach approved as proposed with further justification on approach required. Given the high amount of sedimentation within the system immediately above and below the existing crossing, DWR Rep. Mac Haulpt raised concerns regarding the mitigation approach in this area. During the detailed topographic survey of the Site, these areas will be probed and surveyed to determine the most suitable mitigation approach, paying particular attention to the existing wetlands and the stabilization of those wetlands. The alignment of the existing road will be altered to fit within the existing powerline easement, minimizing long-term impacts to the project. - UT-3: approved as proposed with the removal of stream credit under the existing powerline easement. - UT-4: approved as proposed. Wetland Notes: - The appropriate wetland type (forested vs. scrub-shrub) for the project was discussed throughout the site. RS will attempt to locate reference wetlands within the area to determine an appropriate balance of forested and scrub-shrub wetland for the site. Detailed topography of the valley will aide in this determination. A habitat description, restoration approach, monitoring standard, etc. will be completed for each type within the Mitigation Plan. - Existing Wetlands (labeled as Enhancement in Figure 5 of the Technical Proposal) are suitable for Rehabilitation (1.5:1 ratio) if groundwater gauges are installed to survey a baseline, and monitoring shows an increase in the hydroperiod. 1 Ray Holz From:Leslie, Andrea J <andrea.leslie@ncwildlife.org> Sent:Friday, August 02, 2019 2:44 PM To:Wiesner, Paul; Tugwell, Todd J CIV USARMY CESAW (US); Kim Browning; Haupt, Mac; Davis, Erin B Cc:Ray Holz; Worth Creech; Reid, Matthew; Russell, Periann; Ullman, Kirsten J; Lewis, Grant; Ray Holz; Worth Creech Subject:RE: Meeting Minutes‐ Laurel Springs‐DMS# 100122 ‐ Post Contract IRT Site Visit ‐ July 24, 2019 Thanks Paul.  The wetland notes start with the following:    The appropriate wetland type (forested vs. scrub‐shrub) for the project was discussed throughout  the site. RS will attempt to locate reference wetlands within the area to determine an appropriate  balance of forested and scrub‐shrub wetland for the site.    I want to emphasize that the wetlands may also include herbaceous areas, and a mosaic of herbaceous and  shrub‐scrub may be more appropriate for this area.  An emphasis on forested wetlands may be  inappropriate.  However, I’ll let Grant, Ray, Matthew, and others do their work to determine an appropriate  set of references for this site.    Andrea     _____________________________________________ Andrea Leslie  Mountain Habitat Conservation Coordinator  NC Wildlife Resources Commission  645 Fish Hatchery Rd., Building B  Marion, NC 28752  828‐803‐6054 (office)  828‐400‐4223 (cell)  www.ncwildlife.org          Get NC Wildlife Update delivered to your inbox from the N.C. Wildlife Resources Commission.   Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.    From: Wiesner, Paul <paul.wiesner@ncdenr.gov>   Sent: Thursday, August 01, 2019 2:23 PM  To: Tugwell, Todd J CIV USARMY CESAW (US) <Todd.J.Tugwell@usace.army.mil>; Kim Browning  <Kimberly.D.Browning@usace.army.mil>; Haupt, Mac <mac.haupt@ncdenr.gov>; Davis, Erin B  <erin.davis@ncdenr.gov>; Leslie, Andrea J <andrea.leslie@ncwildlife.org>  Cc: Raymond Holz <rholz@restorationsystems.com>; Worth Creech <worth@restorationsystems.com>; Reid, Matthew  <matthew.reid@ncdenr.gov>; Russell, Periann <periann.russell@ncdenr.gov>; Ullman, Kirsten J  <Kirsten.Ullman@NCDENR.gov>; Lewis, Grant <glewis@axiomenvironmental.org>; Raymond Holz  <rholz@restorationsystems.com>; Worth Creech <worth@restorationsystems.com>  Subject: Meeting Minutes‐ Laurel Springs‐DMS# 100122 ‐ Post Contract IRT Site Visit ‐ July 24, 2019    All:    Please see the attached Laurel Springs Post Contract IRT site visit meeting minutes.    Please let us know if you have any  additional comments or concerns.       2 The final memo will also be included in the mitigation plan for IRT review.    Thanks    Paul Wiesner Western Regional Supervisor North Carolina Department of Environmental Quality Division of Mitigation Services   828-273-1673 Mobile paul.wiesner@ncdenr.gov Western DMS Field Office 5 Ravenscroft Drive Suite 102 Asheville, N.C. 28801  Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.   Laurel Springs Stream & Wetland Mitigation Site Post Contract Award IRT Site Visit: 7-24-2019 NC DMS Contract # 7890 RFP # 16-007725 DMS/Project # 100122 TASK 1 b.) Categorical Exclusion Summary: Appendix A: Categorical Exclusion Form V. 2 Appendix B: Project Maps, Scoping Letters and Responses, & Categorical Exclusion Form Citations Summary of Part 2 - Categorical Exclusion Form V. 2 Regulation/Questions regarding The Area of Potential Effect Coastal Zone Management Act Not applicable – the project is not located within a CAMA county. CERCLA No Issue – please see the attached Executive Summary from a Limited Phase 1 Site Assessment performed by Environmental Data Resources, Inc. on July 1st, 2019. National Historic Preservation Act (Section 106) No Issue – please see attached letter from Ramona M. Bartos - State of the Historic Preservation Office. Uniform Act Please see the attached letter, sent to the landowners June 5th, 2019. Summary of Part 3 - Categorical Exclusion Form V. 2 Ground-Disturbing Activities Regulation/Questions Regarding the Area of Potential Effect American Indian Religious Freedom Act (AIRFA) No Issue – please see attached letter from the Cherokee Nation dated July 17th, 2019. DEQ-DMS sent letters (via email) to all three (3) applicable Cherokee tribes on June 18, 2019. The project scoping letters were sent to the Cherokee Nation, Eastern Band of the Cherokee Indians, and United Keetoowah Band of Cherokee Indians in Oklahoma. A letter from the Cherokee Nation (included in the Appendix) was received in reply, but responses were NOT received from the Eastern Band of the Cherokee Indians or United Keetoowah Band of Cherokee Indians in Oklahoma during the requested 30-day review period. Antiquities Act (AA) Not applicable – the project is not located on Federal land. Archaeological Resources Protection Act (ARPA) Not applicable – the project is not located on federal or Indian lands. Laurel Springs Stream & Wetland Mitigation Site Post Contract Award IRT Site Visit: 7-24-2019 NC DMS Contract # 7890 RFP # 16-007725 DMS/Project # 100122 Endangered Species Act (ESA) Ten (10) federally protected species (detailed in Appendix B) occur in Avery County, NC with suitable habitat present for three (3) species (the Gray, Northern long-earned, and Virginia big- eared bat). Multiple site surveys of the Property have been conducted and the conclusions are summarized in Table 1 below. The response from the Asheville Office regarding these determinations can be found in the appendix. Table 1. Threatened and Endangered Species Common Name (Scientific Name) Biological Conclusion ESA Section 7/ Eagle Determination Act Summary Carolina northern flying squirrel (Glaucomys sabrinus coloratus) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Gray Bat (Myotis grisescens) Suitable habitat present, species not present May Affect, not likely to adversely affect Foraging habitat present within the Site; however, no roosting habitat with the Site boundaries or near the Site. Foraging habitat will not be disturbed during summer months. Northern long-eared bat (Myotis septentrionalis) Suitable habitat present, species not present May Affect, not likely to adversely affect *(See Northern long-eared information below) Virginia big-eared bat (Corynorhinus townsendii virginianus) Suitable habitat present, species not present May Affect, not likely to adversely affect Foraging habitat present within the Site; however, no roosting habitat with the Site boundaries or near the Site. Foraging habitat will not be disturbed during summer months. Spruce-fir moss spider (Microhexura montivaga) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Blue Ridge goldenrod (Solidago spithamaea) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Roan mountain bluet (Hedyotis purpurea var. montana) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Heller’s blazing star (Liatris helleri) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Laurel Springs Stream & Wetland Mitigation Site Post Contract Award IRT Site Visit: 7-24-2019 NC DMS Contract # 7890 RFP # 16-007725 DMS/Project # 100122 Spreading avens (Geum radiatum) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Rock gnome lichen (Gymnoderma lineare) No suitable habitat present No Effect No habitat exists in or near the project boundaries. *Northern Long-Eared Bat A review of the United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office web page (https://www.fws.gov/asheville/pdfs/NLEB-4DRule- AveryUpdate_June1_2016.pdf) on February 8, 2019, indicated the Site’s watershed has no confirmed hibernation or maternity sites for this species. Further coordination with the USFWS will occur throughout the project in support of this species; however, at this time no additional surveys are expected for the Northern Long-Eared Bat. Executive Order 13007 (Indian Sacred Sites) No Issue – the site is not located on Federal lands. Please see attached letter from the Cherokee Nation dated July 17th, 2019. Farmland Protection Policy Act (FPPA) Please find the attached Form AD-1006 dated July 16th, 2019 and email from Milton Cortes of the NRCS. Fish and Wildlife Coordination Act (FWCA) No Issue- A review of the United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office web page on February 8, 2019, indicated the Site’s watershed has NO confirmed hibernation or maternity sites for the Northern Long-Eared Bat. Both the USFWS and the NCWRC have been consulted. Land & Water Conservation Fund Act (Section 6(f)) Not applicable Magnuson-Stevens Fishery Conservation and management Act (Essential Fish Habitat) Not applicable – project is not located within an estuarine system Migratory Bird Treaty Act (MBTA) USFWS has no recommendation with the project relative to the MBTA Wilderness Act Not applicable – the project is not located within a Wilderness area. Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part 1: General Project Information Project Name: Laurel Springs Stream & Wetland Mitigation Site County Name: Avery County DMS Number: 100122 Project Sponsor: Restoration Systems, LLC Project Contact Name: John "JD" Hamby Project Contact Address: 1101 Haynes St. Suite 211, Raleigh NC, 27604 Project Contact E-mail: jhamby@restorationsystems.com DMS Project Manager: Paul Wiesner Project Description For Official Use Only Reviewed By: Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA Located within the NC DWR Targeted Local Watershed (TLW) 06010108-010020 and NC DWR subbasin 04-03-06, the Site streams have a Best Use Classification of C; Tr & WS-IV; Tr. Restoration Systems developed specific mitigation goals and objectives through the use of the North Carolina Stream Assessment Method (NC SAM), the North Carolina Wetland Assessment Method (NC WAM), and the French Broad River Basin Restoration Priorities 2009 report. Site species and adjacent land use consists of disturbed forest and livestock pasture within a watershed that contains less than 2% impervious surfaces. Within the Project's +/- 26 ac. footprint, are four unnamed tributaries totaling 3,575 l. ft. which drain directly into Fork Creek, and 2,300 l. ft. of Fork Creek itself. Fork Creek enters Threemile Creek, a trout and drinking water supply watershed, ½ mile downstream of the Project. The proposed mitigation approach is a combination of new channel restoration, in-channel enhancement level I and II, and preservation. The Project will also result in restoration/enhancement of approximately 7.8 acres of wetlands. 9/13/19 Part 2: All Projects Regulation/Question Response Coastal Zone Management Act (CZMA) 1. Is the project located in a CAMA county?Yes No 2. Does the project involve ground-disturbing activities within a CAMA Area of Environmental Concern (AEC)? Yes No N/A 3. Has a CAMA permit been secured?Yes No N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management Program? Yes No N/A Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) 1. Is this a “full-delivery” project?Yes No 2. Has the zoning/land use of the subject property and adjacent properties ever been designated as commercial or industrial? Yes No N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? Yes No N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous waste sites within or adjacent to the project area? Yes No N/A 5. As a result of a Phase II Site Assessment, are there known or potential hazardous waste sites within the project area? Yes No N/A 6. Is there an approved hazardous mitigation plan?Yes No N/A National Historic Preservation Act (Section 106) 1. Are there properties listed on, or eligible for listing on, the National Register of Historic Places in the project area? Yes No 2. Does the project affect such properties and does the SHPO/THPO concur?Yes No N/A 3. If the effects are adverse, have they been resolved?Yes No N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act (Uniform Act) 1. Is this a “full-delivery” project?Yes No 2. Does the project require the acquisition of real estate?Yes No N/A 3. Was the property acquisition completed prior to the intent to use federal funds?Yes No N/A 4. Has the owner of the property been informed: * prior to making an offer that the agency does not have condemnation authority; and * what the fair market value is believed to be? Yes No N/A Part 3: Ground-Disturbing Activities Regulation/Question Response American Indian Religious Freedom Act (AIRFA) 1. Is the project located in a county claimed as “territory” by the Eastern Band of Cherokee Indians? Yes No 2. Is the site of religious importance to American Indians?Yes No N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic Places? Yes No N/A 4. Have the effects of the project on this site been considered?Yes No N/A Antiquities Act (AA) 1. Is the project located on Federal lands?Yes No 2.Will there be loss or destruction of historic or prehistoric ruins, monuments or objects of antiquity? Yes No N/A 3.Will a permit from the appropriate Federal agency be required?Yes No N/A 4. Has a permit been obtained?Yes No N/A Archaeological Resources Protection Act (ARPA) 1. Is the project located on federal or Indian lands (reservation)?Yes No 2.Will there be a loss or destruction of archaeological resources?Yes No N/A 3.Will a permit from the appropriate Federal agency be required?Yes No N/A 4. Has a permit been obtained?Yes No N/A Endangered Species Act (ESA) 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat listed for the county? Yes No 2. Is Designated Critical Habitat or suitable habitat present for listed species?Yes No N/A 3. Are T&E species present or is the project being conducted in Designated Critical Habitat? Yes No N/A 4. Is the project “likely to adversely affect” the specie and/or “likely to adversely modify” Designated Critical Habitat? Yes No N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination?Yes No N/A 6. Has the USFWS/NOAA-Fisheries rendered a “jeopardy” determination?Yes No N/A Executive Order 13007 (Indian Sacred Sites) 1. Is the project located on Federal lands that are within a county claimed as “territory” by the EBCI? Yes No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed project? Yes No N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred sites? Yes No N/A Farmland Protection Policy Act (FPPA) 1. Will real estate be acquired?Yes No 2. Has NRCS determined that the project contains prime, unique, statewide or locally important farmland? Yes No N/A 3. Has the completed Form AD-1006 been submitted to NRCS?Yes No N/A Fish and Wildlife Coordination Act (FWCA) 1. Will the project impound, divert, channel deepen, or otherwise control/modify any water body? Yes No 2. Have the USFWS and the NCWRC been consulted?Yes No N/A Land and Water Conservation Fund Act (Section 6(f)) 1. Will the project require the conversion of such property to a use other than public, outdoor recreation? Yes No 2. Has the NPS approved of the conversion?Yes No N/A Magnuson-Stevens Fishery Conservation and Management Act (Essential Fish Habitat) 1. Is the project located in an estuarine system?Yes No 2. Is suitable habitat present for EFH-protected species?Yes No N/A 3. Is sufficient design information available to make a determination of the effect of the project on EFH? Yes No N/A 4. Will the project adversely affect EFH?Yes No N/A 5. Has consultation with NOAA-Fisheries occurred?Yes No N/A Migratory Bird Treaty Act (MBTA) 1. Does the USFWS have any recommendations with the project relative to the MBTA?Yes No 2. Have the USFWS recommendations been incorporated?Yes No N/A Wilderness Act 1. Is the project in a Wilderness area? Yes No 2. Has a special use permit and/or easement been obtained from the maintaining federal agency? Yes No N/A Copyright:© 2013 National Geographic Society, i-cubed FIGURE Drawn by: Date: Scale: Project No.: KRJ FEB 2019 1:20,000 19-001.01 Title: Project: Prepared for: Avery County, NC SITE LOCATION 1 ³ Copyright:© 2013 National Geographic Society, i-cubed Copyright:© 2013 National Geographic Society, i-cubed Directions to the Site from Boone: - Head south on NC-105 for 16.9 miles - Turn right onto US-221 South then left to stay on US-221 South - After 9.3 miles, turn right onto NC-194 South - After 2.3 miles, turn right onto Little Buck Hill Creek Road - The site is on the right after about 0.6 miles. - Site Latitude, Longitude 35.9913, -81.9837 (WGS84) USGS 7.5 Minute Topographic Map (Linville Falls, Newland, Carvers Gap, and Spruce Pine, NC Quads) Legend Laurel Springs Easement = 26.2 ac NCDOT Roads LAUREL SPRINGS MITIGATION SITE Linville ¬«19E £¤221 ¬«194 LittleBuckHillCreekRoadMapleVistaLanePrisonCampRoad¬«194 Spruce Pine Copyright:© 2014 DeLorme FIGURE Drawn by: Date: Scale: Project No.: KRJ FEB 2019 1:220,000 19-001.01 Title: Project: Prepared for: Avery County, NC HYDROLOGIC UNIT MAP 2 ³ Location of Laurel Springs Mitigation Site within USGS Hydrologic Unit and Targeted Local Watershed 06010108010020 0 5 10 152.5 Miles Legend Laurel Springs Easement = 26.2 ac USGS Hydrologic Unit 06010108 14 Digit Hydrologic Unit Boundaries Targeted Local Watersheds LAUREL SPRINGS MITIGATION SITE NC Center for Geographic Information & Anaylsis ³ Copyright:© 2013 National Geographic Society, i-cubed Legend Laurel Springs Easement = 26.2 ac Fork Creek Drainage Area = 1.32 sq mi (846.7 ac) UT-1 Drainage Area = 0.30 sq mi (193.4 ac) UT-2 Drainage Area = 0.02 sq mi (11.9 ac) UT-3 Drainage Area = 0.04 sq mi (22.8 ac) UT-4 Drainage Area = 0.02 sq mi (12.7 ac) 0 3,000 6,0001,500 Feet ³FIGURE Drawn by: Date: Scale: Project No.: KRJ FEB 2019 1:15,000 19-001.01 Title: Project: Prepared for: Avery County, NC TOPOGRAPHY AND DRAINAGE AREA 3 LAUREL SPRINGS MITIGATION SITE !(!(!(!(^_^_^_^_D C B A CeE SaC NkA WaD ReA CeE WaD WaD WaD SaC WaCShD ShD WaD WaD CeE CeE WaC WaD NC Center f FIGURE Drawn by: Date: Scale: Project No.: KRJ FEB 2019 1:2200 19-001.01 Title: Project: Prepared for: Avery County, NC LAUREL SPRINGS MITIGATION SITE EXISTING CONDITIONS AND SOILS 4³0400800200 Feet Legend Laurel Springs Easement = 26.2 ac Existing Streams = 5867 ft Cross Sections ^_NCSAM Form Locations !(Soil Profile Locations Drained/Impacted Hydric Soils = 7.5 ac Existing Wetland = 0.3 ac Existing Drain Tile NRCS Soil Boundaries Fork Creek UT-1 UT-2UT-3UT-494.5 95.0 95.5 96.0 96.5 97.0 97.5 98.0 98.5 99.0 99.5 100.0 0 5 10 15 20 25 30 DA = 0.97 sq mi Abkf = 21.6 sq ft Aexisting = 27.7 sq ft Wbkf = 12.5 ft Dbkf = 1.7 ft Dmax = 2.9 ft Wbkf/Dbkf = 7.2 FPA = 250 ft ENT = 20.0 LBH = 3.4 ft BHR = 1.2 E-type Abkf CrossSection 1 96.0 96.5 97.0 97.5 98.0 98.5 99.0 024681012 DA = 0.03 sq mi Abkf = 2.6 sq ft Aexisting = 5.2 sq ft Wbkf = 4.0 ft Dbkf = 0.6 ft Dmax = 0.9 ft Wbkf/Dbkf = 6.3 FPA = 30 ft ENT = 7.4 LBH = 1.5 ft BHR = 1.7 Eg-type Abkf CrossSection 2 95.0 95.5 96.0 96.5 97.0 97.5 98.0 98.5 99.0 99.5 100.0 0 5 10 15 20 25 DA = 0.30 sq mi Abkf = 13.4 sq ft Aexisting = 21.4 sq ft Wbkf = 9.0 ft Dbkf = 1.5 ft Dmax = 2.2 ft Wbkf/Dbkf = 6.1 FPA = 250 ft ENT = 27.7 LBH = 3.0 ft BHR = 1.4 Eg-type Cross Section 3 Abkf NCSAM Form #4 Score: LOW NCSAM Form #1 Score: LOW NCSAM Form #2 Score: LOW NCSAM Form #3 Score: LOW XS-3 XS-2 XS-1 Soil Map Unit Soil Series CeE Chandler-Micaville complex NkA Nikwasi loam ReA Reddies fine sandy loam SaC Saunook loam WaD Watauga sandy loam NC Center for Geographic Information & Anaylsis FIGURE Drawn by: Date: Scale: Project No.: KRJ FEB 2019 1:2200 19-001.01 Title: Project: Prepared for: Avery County, NC LAUREL SPRINGS MITIGATION SITE PROPOSED CONDITIONS 5³0400800200 Feet Legend Laurel Springs Easement = 26.2 ac Stream Restoration = 2974 ft Stream Enhancement (Level I) = 353 ft Stream Enhancement (Level II) = 402 ft Stream Enhancement (Level II) @ 5:1 = 183 ft Stream Preservation = 1165 ft Wetland Restoration = 7.5 ac Wetland Enhancement = 0.3 ac 4-foot contours UT-2UT-3UT-4UT-1Fork Creek North Carolina Department of Natural and Cultural Resources State Historic Preservation Office Ramona M. Bartos, Administrator Governor Roy Cooper Office of Archives and History Secretary Susi H. Hamilton Deputy Secretary Kevin Cherry Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: (919) 807-6570/807-6599 July 12, 2019 JD Hamby Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, NC 27604 Re: Laurel Springs Mitigation Site, Avery County, ER 19-1900 Dear Mr. Hamby: Thank you for your letter of June 6, 2019, concerning the above project. We have conducted a review of the project and are aware of no historic resources which would be affected by the project. Therefore, we have no comment on the project as proposed. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation’s Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579 or environmental.review@ncdcr.gov. In all future communication concerning this project, please cite the above referenced tracking number. Sincerely, Ramona Bartos, Deputy State Historic Preservation Officer Mr Dear Mr.: The purpose of this letter is to notify you that Restoration Systems, LLC, in offering to purchase your property in A County, North Carolina, does not have the power to acquire it by eminent domain. Also, Restoration Systems’ offer to purchase your property is based on what we believe to be its fair market. If you have any questions, please feel free to call me at 919-755-9490. Sincerely, JD Hamby Project Manager Mr Dear Mr.: The purpose of this letter is to notify you that Restoration Systems, LLC, in offering to purchase your property in A County, North Carolina, does not have the power to acquire it by eminent domain. Also, Restoration Systems’ offer to purchase your property is based on what we believe to be its fair market. If you have any questions, please feel free to call me at 919-755-9490. Sincerely, JD Hamby Project Manager Elizabeth Toombs 6/18/19 Cherokee Nation Tribal Historic Preservation Office P.O. Box 948 Tahlequah, OK 74465 elizabeth-toombs@cherokee.org Dear Ms. Toombs, The North Carolina Department of Environmental Quality (NCDEQ) – Division of Mitigation Services (DMS) requests review and comment on any possible issues that might emerge concerning archaeological or cultural resources associated with the proposed Laurel Springs Stream Mitigation Site (Project). The Federal Highway Administration (FHWA) is the lead federal agency for this proposed mitigation project. A USGS Topographic Map and a proposed project conceptual map showing the project area are enclosed. The topographic figure was prepared from the USGS 7.5 Minute Topographic Map (Linville Falls, Newland, Carvers Gap, and Spruce Pine, NC Quads). The project location (Latitude and Longitude) is as follows: 35.99446, -81.98238. Located in southern Avery County, the Site is 8 miles southwest of Linville and 7 miles northeast of Spruce Pine. The Project will help restore and protect water quality in the 14-digit Cataloging Unit and Targeted Local Watershed 06010108010020; along Fork Creek and unnamed tributaries to Fork Creek. Currently, the site consists of open grassy fields used for livestock grazing and pasture. Disturbed and managed forest do exist along the edge of the pasture and sloped areas of the property. Historic channelization, unrestricted livestock access, and the management/ removal of riparian buffers have impacted Project streams. As a result, Project streams are incised, unstable, and exhibit areas of active bank erosion from high flows, hoof shear, and raw banks. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. Sparse residential development and similar landuse conditions as those found within the Project, comprise the surrounding area. The Project will include restoration, enhancement, and preservation of 5,077 linear feet stream channel along with an undetermined amount of reestablished riparian wetlands. Site alterations include the cessation of livestock grazing in the riparian zone and access to stream channels, restoration of streams and wetlands, and planting native, woody vegetation within the entire Project. A conservation easement will preserve the Project in perpetuity, protecting the property from future development and agricultural uses. We ask that you review this site based on the attached information to determine the presence of any known historic properties. We respectfully request a response within 30 days of receipt of this letter/ email in an effort to implement this necessary stream restoration/ mitigation project. Please feel free to contact us with any questions that you may have concerning this project. Respectfully, Paul Wiesner Western Regional Supervisor North Carolina Department of Environmental Quality Division of Mitigation Services 828-273-1673 Mobile paul.wiesner@ncdenr.gov Western DMS Field Office 5 Ravenscroft Drive Suite 102 Asheville, N.C. 28801 Attachments: Figure 1: USGS Topographic Map Figure 2: Proposed Project Conceptual Map cc: Donnie Brew, FHWA July 17, 2019 Paul Weisner North Carolina Department of Environmental Quality Western DMS Field Office 5 Ravenscroft Drive, Suite 102 Asheville, NC 28801 Re: Laurel Springs Stream Mitigation Site Mr. Paul Weisner: The Cherokee Nation (Nation) is in receipt of your correspondence about Laurel Springs Stream Mitigation Site, and appreciates the opportunity to provide comment upon this project. Please allow this letter to serve as the Nation’s interest in acting as a consulting party to this proposed project. The Nation maintains databases and records of cultural, historic, and pre-historic resources in this area. Our Historic Preservation Office reviewed this project, cross referenced the project’s legal description against our information, and found no instances where this project intersects or adjoins such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee cultural resources at this time. However, the Nation requests that the North Carolina Department of Environmental Quality (NCDEQ) halt all project activities immediately and re-contact our Offices for further consultation if items of cultural significance are discovered during the course of this project. Additionally, the Nation requests that NCDEQ conduct appropriate inquiries with other pertinent Tribal and Historic Preservation Offices regarding historic and prehistoric resources not included in the Nation’s databases or records. If you require additional information or have any questions, please contact me at your convenience. Thank you for your time and attention to this matter. Wado, Elizabeth Toombs, Tribal Historic Preservation Officer Cherokee Nation Tribal Historic Preservation Office elizabeth-toombs@cherokee.org 918.453.5389 6/18/19 Russell Townsend Tribal Historic Preservation Officer Tribal Historic Preservation Office Eastern Band of the Cherokee Indians russtown@nc-cherokee.com Stephen Yerka Historic Preservation Specialist Tribal Historic Preservation Office Eastern Band of the Cherokee Indians syerka@nc-cherokee.com Dear Mr. Townsend and Mr. Yerka, The North Carolina Department of Environmental Quality (NCDEQ) – Division of Mitigation Services (DMS) requests review and comment on any possible issues that might emerge concerning archaeological or cultural resources associated with the proposed Laurel Springs Stream Mitigation Site (Project). The Federal Highway Administration (FHWA) is the lead federal agency for this proposed mitigation project. A USGS Topographic Map and a proposed project conceptual map showing the project area are enclosed. The topographic figure was prepared from the USGS 7.5 Minute Topographic Map (Linville Falls, Newland, Carvers Gap, and Spruce Pine, NC Quads). The project location (Latitude and Longitude) is as follows: 35.99446, -81.98238. Located in southern Avery County, the Site is 8 miles southwest of Linville and 7 miles northeast of Spruce Pine. The Project will help restore and protect water quality in the 14-digit Cataloging Unit and Targeted Local Watershed 06010108010020; along Fork Creek and unnamed tributaries to Fork Creek. Currently, the site consists of open grassy fields used for livestock grazing and pasture. Disturbed and managed forest do exist along the edge of the pasture and sloped areas of the property. Historic channelization, unrestricted livestock access, and the management/ removal of riparian buffers have impacted Project streams. As a result, Project streams are incised, unstable, and exhibit areas of active bank erosion from high flows, hoof shear, and raw banks. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. Sparse residential development and similar landuse conditions as those found within the Project, comprise the surrounding area. The Project will include restoration, enhancement, and preservation of 5,077 linear feet stream channel along with an undetermined amount of reestablished riparian wetlands. Site alterations include the cessation of livestock grazing in the riparian zone and access to stream channels, restoration of streams and wetlands, and planting native, woody vegetation within the entire Project. A conservation easement will preserve the Project in perpetuity, protecting the property from future development and agricultural uses. We ask that you review this site based on the attached information to determine the presence of any known historic properties. We respectfully request a response within 30 days of receipt of this letter/ email in an effort to implement this necessary stream restoration/ mitigation project. Please feel free to contact us with any questions that you may have concerning this project. Respectfully, Paul Wiesner Western Regional Supervisor North Carolina Department of Environmental Quality Division of Mitigation Services 828-273-1673 Mobile paul.wiesner@ncdenr.gov Western DMS Field Office 5 Ravenscroft Drive Suite 102 Asheville, N.C. 28801 Attachments: Figure 1: USGS Topographic Map Figure 2: Proposed Project Conceptual Map cc: Donnie Brew, FHWA 6/18/19 Tribal Historic Preservation Office United Keetoowah Band of Cherokee Indians in Oklahoma P. O. Box 746 Tahlequah, OK 74465 kpritchett@ukb-nsn.gov To Whom it May Concern, The North Carolina Department of Environmental Quality (NCDEQ) – Division of Mitigation Services (DMS) requests review and comment on any possible issues that might emerge concerning archaeological or cultural resources associated with the proposed Laurel Springs Stream Mitigation Site (Project). The Federal Highway Administration (FHWA) is the lead federal agency for this proposed mitigation project. A USGS Topographic Map and a proposed project conceptual map showing the project area are enclosed. The topographic figure was prepared from the USGS 7.5 Minute Topographic Map (Linville Falls, Newland, Carvers Gap, and Spruce Pine, NC Quads). The project location (Latitude and Longitude) is as follows: 35.99446, -81.98238. Located in southern Avery County, the Site is 8 miles southwest of Linville and 7 miles northeast of Spruce Pine. The Project will help restore and protect water quality in the 14-digit Cataloging Unit and Targeted Local Watershed 06010108010020; along Fork Creek and unnamed tributaries to Fork Creek. Currently, the site consists of open grassy fields used for livestock grazing and pasture. Disturbed and managed forest do exist along the edge of the pasture and sloped areas of the property. Historic channelization, unrestricted livestock access, and the management/ removal of riparian buffers have impacted Project streams. As a result, Project streams are incised, unstable, and exhibit areas of active bank erosion from high flows, hoof shear, and raw banks. Riparian buffer vegetation varies from areas with no woody buffer vegetation to areas with large trees but at low density and without any significant understory. Sparse residential development and similar landuse conditions as those found within the Project, comprise the surrounding area. The Project will include restoration, enhancement, and preservation of 5,077 linear feet stream channel along with an undetermined amount of reestablished riparian wetlands. Site alterations include the cessation of livestock grazing in the riparian zone and access to stream channels, restoration of streams and wetlands, and planting native, woody vegetation within the entire Project. A conservation easement will preserve the Project in perpetuity, protecting the property from future development and agricultural uses. We ask that you review this site based on the attached information to determine the presence of any known historic properties. We respectfully request a response within 30 days of receipt of this letter/ email in an effort to implement this necessary stream restoration/ mitigation project. Please feel free to contact us with any questions that you may have concerning this project. Respectfully, Paul Wiesner Western Regional Supervisor North Carolina Department of Environmental Quality Division of Mitigation Services 828-273-1673 Mobile paul.wiesner@ncdenr.gov Western DMS Field Office 5 Ravenscroft Drive Suite 102 Asheville, N.C. 28801 Attachments: Figure 1: USGS Topographic Map Figure 2: Proposed Project Conceptual Map cc: Donnie Brew, FHWA North Carolina Wildlife Resources Commission Gordon Myers, Executive Director Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 June 28, 2019 JD Hamby Restoration Systems 1101 Haynes St. Suite 211 Raleigh, NC 27604 SUBJECT: Laurel Springs Mitigation Project Dear Mr. Hamby: Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your June 6, 2019 letter regarding plans for a stream mitigation project on Fork Creek and unnamed tributaries in Avery County. You requested that we review and comment on any possible issues that might emerge with respect to the Fish and Wildlife Coordination Act from the potential stream restoration project. Our comments on this project are offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.) and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d). The project is proposed as a mitigation project and will involve preservation, enhancement, and restoration on 5,077 ft of stream that will result in 4,000 ft of coldwater stream mitigation. An undetermined area of riparian wetland will also be restored. Project activities should be avoided during the trout moratorium period of October 15 to April 15 in order to minimize impacts to Brown Trout and Rainbow Trout reproduction. We recommend that riparian buffers that are to be reestablished be as wide as possible, given site constraints and landowner needs. NCWRC generally recommends a woody buffer of 100 feet on perennial streams to maximize the benefits of buffers, including bank stability, stream shading, treatment of overland runoff, and wildlife habitat. Thank you for the opportunity to review and comment on this project. Please contact me at (828) 803- 6054 if you have any questions about these comments. Sincerely, Andrea Leslie Mountain Region Coordinator Habitat Conservation Program 1101 Haynes St., Suite 211 • Raleigh, NC 27604 • www.restorationsystems.com • Ph 919.755.9490 • Fx 919.755.9492 Byron Hamstead 160 Zillicoa St. Asheville, NC 28801 Dear Byron, My name is JD Hamby, a project manager for Restoration Systems (RS), based in Raleigh, NC. We have been awarded a contract by the NC Division of Mitigation Services (DMS) to restore/enhance/preserve 5,077 feet of impaired stream channels in the French Broad 08 River Basin (Avery County). One of the earliest tasks to be performed by RS is completion of an environmental screening and preparation/submittal of a Categorical Exclusion (CE) document. This document is specifically required by the Federal Highway Administration (FHWA) to ensure compliance with various federal environmental laws and regulations. The DMS must demonstrate that its projects comply with federal mandates as a precondition to FHWA reimbursement of compensatory mitigation costs borne by the North Carolina Department of Transportation to offset its projects’ unavoidable impacts to streams and wetlands. Since financial support of certain DMS operational budgets derives, in part, from federal authorizations, it is necessary to conduct an informal Section 7 consultation with the U.S. Fish and Wildlife Service (Service). As well as coordinate with your office on behalf of the Fish and Wildlife Coordination Act (FWCA) & the Migratory Bird Treaty Act (MBTA). This letter provides you with certain details about the Laurel Springs Mitigation Site, including the project’s location, a general description of its physiography, hydrography and existing land uses, as well as the intended modifications to the site proposed by RS. In addition, should the project be located in a geographic area in which federally-listed species may be present (based on element occurrences, as reflected in Service listings), and if scientifically-sound practices have been used to confirm the presence of suitable habitat for any listed species within the project area, the results of appropriate surveys for each listed species and separate biological conclusions for each will be provided for your review and consideration. You are asked to review the information provided and determine if it is sufficient to enable you to concur with our biological conclusions. Thank you for your time. Best, JD Threatened & Endangered Species Listed federally protected species are listed are summarized in the following table along with potential habitat and a preliminary biological conclusion for each (USFWS 2018). Table 7. Threatened and Endangered Species Common Name (Scientific Name) Biological Conclusion ESA Section 7/ Eagle Determination Act Summary Carolina northern flying squirrel (Glaucomys sabrinus coloratus) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Gray Bat (Myotis grisescens) Suitable habitat present, species not present May Affect, not likely to adversely affect Foraging habitat present within the Site; however, no roosting habitat with the Site boundaries or near the Site. Foraging habitat will not be disturbed during summer months. Northern long-eared bat (Myotis septentrionalis) Suitable habitat present, species not present May Affect, not likely to adversely affect *(See Northern long-eared information below) Virginia big-eared bat (Corynorhinus townsendii virginianus) Suitable habitat present, species not present May Affect, not likely to adversely affect Foraging habitat present within the Site; however, no roosting habitat with the Site boundaries or near the Site. Foraging habitat will not be disturbed during summer months. Spruce-fir moss spider (Microhexura montivaga) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Blue Ridge goldenrod (Solidago spithamaea) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Roan mountain bluet (Hedyotis purpurea var. montana) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Heller’s blazing star (Liatris helleri) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Spreading avens (Geum radiatum) No suitable habitat present No Effect No habitat exists in or near the project boundaries. Rock gnome lichen (Gymnoderma lineare) No suitable habitat present No Effect No habitat exists in or near the project boundaries. *Northern Long-Eared Bat A review of the United States Fish and Wildlife Service (USFWS) Asheville Ecological Services Field Office web page (https://www.fws.gov/asheville/pdfs/NLEB-4DRule-AveryUpdate_June1_2016.pdf) on February 8, 2019, indicated the Site’s watershed has no confirmed hibernation or maternity sites for this species. Further coordination with the USFWS will occur throughout the project in support of this species; however, at this time no additional surveys are expected for the Northern Long-Eared Bat. North Carolina County Boundary Watersheds with Known NLEB Maternity Trees or Hibernation Sites A v e r y C o .A v e r y C o . W a t a u g a C o .W a t a u g a C o . M i t c h e l l C o .M i t c h e l l C o .C a l d w e l l C o .C a l d w e l l C o . B u r k e C o .B u r k e C o . National Geographic, Esri, DeLorme, H ERE, UNEP-WCMC, USGS, NASA,ESA, METI, NRC AN, GEBCO, NOAA, increment P Corp. U .S. Fis h & W ild life Se rvi ceNorthern L o n g -E a r e d B a t C o n s u l t a t i o n A r e a sAvery County USFWS Ecological ServicesAsheville, North CarolinaMap Date: 6/1/2016 0 5 Miles 0 5 Kilometers[GA KY NC SC TN VA Black box indicateslarge map extent If y ou r p roje ct falls within th e red ar ea s ide ntified in Aver y Co u nty, p le a se c on tac t th e USFW S As he ville Fie ld O ffic e. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Field Office 160 Zillicoa Street Asheville, North Carolina 28801 September 4, 2019 John Hamby Restoration Systems, LLC 1101 Haynes Street, Suite 211 Raleigh, North Carolina 27604 Dear Mr. Hamby: Subject: Laurel Springs Mitigation Project; Avery County, North Carolina Log No. 4-2-19-358 The U.S. Fish and Wildlife Service (Service) has reviewed the information provided in your updated correspondence received via email on September 4, 2019, wherein you solicit comments regarding potential impacts to federally protected species that may result from the proposed project. We submit the following comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661-667e); the National Environmental Policy Act (42 U.S.C. §4321 et seq.); and section 7 of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531-1543) (Act). Project Description According to the information provided, the proposed project aims to restore, enhance, and/or preserve approximately 5,077 linear feet of stream channel (Fork Creek and its unnamed tributaries) near Crossnore, North Carolina. The proposed work area and adjacent uplands are dominated by agricultural land cover, and some successional forest adjacent to pasture. Instream habitats appear to be highly disturbed from associated land uses and ranked “low” according to NCSAM at four locations onsite. Approximately 0.3 acre of unforested wetlands also occur within the 26.2 acre easement area. Federally Listed Endangered and Threatened Species According to Service records, suitable summer roosting habitat may be present in the project area for the federally threatened northern long-eared bat (Myotis septentrionalis), and multiple mist net captures of this animal occur in the project vicinity. However, the project would occur at a location where any incidental take that may result from associated activities is exempt under the 4(d) rule for this species 1. Although not required, we encourage you to avoid associated tree clearing activities during the maternity roosting season from May 15 – August 15, and particularly during the pup season for this species (June 1 – July 31). 1 The Service believes that the apparently minor extent of tree clearing and your commitment to ensure that roosting habitats would not be disturbed during summer months reduces the probability for take of this species to a level we would consider insignificant and discountable. Therefore, we would alternatively concur with an action agency determination that the proposed project “may affect, but is not likely to adversely affect” this species. 2 Service records indicate no known occurrences of the federally endangered gray bat (Myotis grisescens), and Virginia big-eared bat (Corynorhinus townsendii virginianus) in the vicinity of the proposed project, although potential suitable forage habitat is present onsite. We appreciate your commitment to ensure that these habitats would not be disturbed during summer months. Therefore, we would concur with an action agency determination that the proposed project “may affect, but is not likely to adversely affect these species.” In the interest of protecting habitats for bat species, tree removal should be selective and clearing of vegetation should be minimized to what is necessary to provide healthy streambank and bed habitats. Reaches with well-vegetated riparian areas should be first considered for preservation, rather than for restoration or enhancement activities to preclude unwarranted disturbances to existing habitats. According to our records and a review of the information you provided, no other federally listed species or their habitats occur onsite. Therefore, we believe the requirements under section 7 of the Act are fulfilled and we require no further action at this time. However, obligations under section 7 of the Act must be reconsidered if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered, (2) this action is subsequently modified in a manner that was not considered in this review, or (3) a new species is listed or critical habitat is determined that may be affected by the identified action. We offer the following general recommendations in the interest of protecting natural resources: Stream Channel and Bank Restoration A natural, stable stream system is one that is able to transport a wide range of flows and associated sediment bed load while maintaining channel features and neither degrading nor aggrading. Alterations to the dimension, pattern, or profile of the stream channel as well as changes to streambank vegetation, floodplains, hydrology, or sediment input can significantly alter this equilibrium. We understand that this stream reach is highly modified, and restoring the site to a natural state may not be feasible. Still we offer the following recommendations: 1. Only the absolute minimum amount of work should be done within stream channels to accomplish necessary reconstruction. The amount of disturbance to in-stream and riparian areas should not exceed what will be stabilized by the end of the workday. Restoration plans should account for the constraints of the site and the opportunities to improve stream pattern, dimension, and profile with minimal disturbance. 2. Reconstruction work should follow natural channel design methodologies that are based on the bank-full, or channel-forming, stage of the stream. Bank-full stage maintains the natural channel dimensions and transports the bulk of sediment over time. Natural channel conditions should be identified using a reference reach (nearby stream reaches that exemplify restoration goals). Restoration design should match the pattern, dimension, and profile of the reference reach to ensure the project’s success. 3. All work in or adjacent to stream waters should be conducted in a dry work area to the extent possible. Sandbags, cofferdams, bladder dams, or other diversion structures 3 should be used to prevent excavation in flowing water. These diversion structures should be removed as soon as the work area is stable. 4. Equipment should not be operated in the stream unless absolutely necessary. Machinery should be operated from the banks in a fashion that minimizes disturbance to woody vegetation. Equipment should be: (a) washed to remove any contaminant residue prior to project construction, (b) in good working order, and (c) checked to ensure there are no leaks of potential contaminants (such as oil or other lubricants) prior to and during construction. 5. Streambanks with deep-rooted woody vegetation are the most stable, and stream restoration efforts should incorporate the use of native vegetation adapted to the site conditions. Live dormant stakes may be used to reestablish root structure in riparian areas. In areas where banks are severely undercut, high, and steep, whole-tree revetment or rock may be used as a stabilization treatment (small rock, gravel, sand, and dirt are not recommended due to their erosive nature), and it should not extend above the bank-full elevation (the elevation of the channel where the natural floodplain begins). Deep-rooting woody vegetation should be established along banks where any channel work is accomplished. Tree and shrub plantings should be spaced at intervals no greater than 10 feet along banks. Vegetated riparian zone widths should be as wide as practical but should extend at least 30 feet from the stream channel. 6. Adequate measures to control sediment and erosion must be implemented prior to any ground-disturbing activities in order to minimize effects on downstream aquatic resources. In North Carolina, non-cohesive and erosion-prone soils are most common in the felsic-crystalline terrains of the mountain and upper piedmont regions. Therefore, reconstruction work should be staged such that disturbed areas would be stabilized with seeding, mulch, and/or biodegradable (coir) erosion-control matting prior to the end of each workday. No erosion-control matting or blankets should contain synthetic (netting) materials as they trap animals and can persist in the environment beyond their intended purpose. Matting should be secured in place with staples; stakes; or, wherever possible, live stakes of native trees. If rain is expected prior to temporary seed establishment, additional measures should be implemented to protect water quality along slopes and overburden stockpiles (for example, stockpiles may be covered with plastic or other geotextile material and surrounded with silt fencing). The Service appreciates the opportunity to provide these comments. Please contact Mr. Byron Hamstead of our staff at 828/258-3939, Ext. 42225, if you have any questions. In any future correspondence concerning this project, please reference our Log Number 4-2-19-358. Sincerely, - - original signed - - Janet Mizzi Field Supervisor United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0357 Event Code: 04EN1000-2019-E-00928 Project Name: Laurel Springs Subject:List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes “species of concern” species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project_review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant_survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html May 21, 2019 05/21/2019 Event Code: 04EN1000-2019-E-00928   2    New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// 05/21/2019 Event Code: 04EN1000-2019-E-00928   3    www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): ▪Official Species List ▪Migratory Birds ▪Wetlands 05/21/2019 Event Code: 04EN1000-2019-E-00928   1    Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/21/2019 Event Code: 04EN1000-2019-E-00928   2    Project Summary Consultation Code:04EN1000-2019-SLI-0357 Event Code:04EN1000-2019-E-00928 Project Name:Laurel Springs Project Type:STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description:Stream and wetland restoration project for NC DMS Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.9942010055465N81.98124359630691W Counties:Avery, NC 05/21/2019 Event Code: 04EN1000-2019-E-00928   3    Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2657 Endangered Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Endangered Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Virginia Big-eared Bat Corynorhinus (=Plecotus) townsendii virginianus There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8369 Endangered Arachnids NAME STATUS Spruce-fir Moss Spider Microhexura montivaga There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4801 Endangered 1 05/21/2019 Event Code: 04EN1000-2019-E-00928   4    Flowering Plants NAME STATUS Blue Ridge Goldenrod Solidago spithamaea No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5821 Threatened Heller's Blazingstar Liatris helleri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5962 Threatened Roan Mountain Bluet Hedyotis purpurea var. montana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1087 Endangered Spreading Avens Geum radiatum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6854 Endangered Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/21/2019 Event Code: 04EN1000-2019-E-00928   1    Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1.The Migratory Birds Treaty Act of 1918. 2.The Bald and Golden Eagle Protection Act of 1940. 3.50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Aug 31 Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 20 to Aug 10 1 2 05/21/2019 Event Code: 04EN1000-2019-E-00928   2    NAME BREEDING SEASON Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ “Proper Interpretation and Use of Your Migratory Bird Report” before using or attempting to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1.The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2.To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3.The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () 05/21/2019 Event Code: 04EN1000-2019-E-00928   3    Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Canada Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) Additional information can be found using the following links: ▪Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php ▪Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php ▪Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. no data survey effort breeding season probability of presence 05/21/2019 Event Code: 04EN1000-2019-E-00928   4    Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your 05/21/2019 Event Code: 04EN1000-2019-E-00928   5    project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1."BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2."BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3."Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ “What does IPaC use to generate the migratory birds potentially occurring in my specified location”. Please be aware this report provides the “probability of presence” of birds within the 10 km grid cell(s) that 05/21/2019 Event Code: 04EN1000-2019-E-00928   6    overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the “no data” indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ “Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds” at the bottom of your migratory bird trust resources page. 05/21/2019 Event Code: 04EN1000-2019-E-00928   1    Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE ▪R5UBH ▪R4SBC United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0357 Event Code: 04EN1000-2019-E-00928 Project Name: Laurel Springs Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws.gov/asheville/htmls/project_review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant_survey.html Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project_review/NLEB_in_WNC.html Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html May 21, 2019 05/21/2019 Event Code: 04EN1000-2019-E-00928 2 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmls/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenergy/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// 05/21/2019 Event Code: 04EN1000-2019-E-00928 3 www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): Official Species List Migratory Birds Wetlands 05/21/2019 Event Code: 04EN1000-2019-E-00928 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 05/21/2019 Event Code: 04EN1000-2019-E-00928 2 Project Summary Consultation Code: 04EN1000-2019-SLI-0357 Event Code: 04EN1000-2019-E-00928 Project Name: Laurel Springs Project Type: STREAM / WATERBODY / CANALS / LEVEES / DIKES Project Description: Stream and wetland restoration project for NC DMS Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/place/35.9942010055465N81.98124359630691W Counties: Avery, NC 05/21/2019 Event Code: 04EN1000-2019-E-00928 3 Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheries , as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1.NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2657 Endangered Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Endangered Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Threatened Virginia Big-eared Bat Corynorhinus (=Plecotus) townsendii virginianus There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/8369 Endangered Arachnids NAME STATUS Spruce-fir Moss Spider Microhexura montivaga There is final critical habitat for this species. Your location is outside the critical habitat. Species profile: https://ecos.fws.gov/ecp/species/4801 Endangered 1 05/21/2019 Event Code: 04EN1000-2019-E-00928 4 Flowering Plants NAME STATUS Blue Ridge Goldenrod Solidago spithamaea No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5821 Threatened Heller's Blazingstar Liatris helleri No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5962 Threatened Roan Mountain Bluet Hedyotis purpurea var. montana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1087 Endangered Spreading Avens Geum radiatum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6854 Endangered Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 05/21/2019 Event Code: 04EN1000-2019-E-00928 1 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act . Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https://ecos.fws.gov/ecp/species/1626 Breeds Sep 1 to Aug 31 Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 20 to Aug 10 1 2 05/21/2019 Event Code: 04EN1000-2019-E-00928 2 NAME BREEDING SEASON Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 1 to Jul 31 Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the to interpret this report. Probability of Presence () Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season () 05/21/2019 Event Code: 04EN1000-2019-E-00928 3 Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort () Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data () A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non-BCC Vulnerable Canada Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) Additional information can be found using the following links: Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ management/project-assessment-tools-and-guidance/ conservation-measures.php Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. 05/21/2019 Event Code: 04EN1000-2019-E-00928 4 Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your 05/21/2019 Event Code: 04EN1000-2019-E-00928 5 project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for 05/21/2019 Event Code: 04EN1000-2019-E-00928 6 overlap your project; not your exact project footprint. On the graphs provided, please also look effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, me about conservation measures I can implement to avoid or minimize impacts to migratory 05/21/2019 Event Code: 04EN1000-2019-E-00928 1 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE R5UBH R4SBC U.S. Department of Agriculture FARMLAND CONVERSION IMPACT RATING PART I (To be completed by Federal Agency)Date Of Land Evaluation Request Name of Project Federal Agency Involved Proposed Land Use County and State PART II (To be completed by NRCS)Date Request Received By NRCS Person Completing Form: Does the site contain Prime, Unique, Statewide or Local Important Farmland? (If no, the FPPA does not apply - do not complete additional parts of this form) YES NO Acres Irrigated Average Farm Size Major Crop(s) Farmable Land In Govt. Jurisdiction Acres: Amount of Farmland As Defined in FPPA Acres: Name of Land Evaluation System Used Name of State or Local Site Assessment System Date Land Evaluation Returned by NRCS Alternative Site Rating PART III (To be completed by Federal Agency) Site A Site B Site C Site D A. Total Acres To Be Converted Directly B. Total Acres To Be Converted Indirectly C. Total Acres In Site PART IV (To be completed by NRCS) Land Evaluation Information A. Total Acres Prime And Unique Farmland B. Total Acres Statewide Important or Local Important Farmland C. Percentage Of Farmland in County Or Local Govt. Unit To Be Converted D. Percentage Of Farmland in Govt. Jurisdiction With Same Or Higher Relative Value PART V (To be completed by NRCS) Land Evaluation Criterion Relative Value of Farmland To Be Converted (Scale of 0 to 100 Points) PART VI (To be completed by Federal Agency) Site Assessment Criteria (Criteria are explained in 7 CFR 658.5 b. For Corridor project use form NRCS-CPA-106) Maximum Points Site A Site B Site C Site D 1. Area In Non-urban Use (15) 2. Perimeter In Non-urban Use (10) 3. Percent Of Site Being Farmed (20) 4. Protection Provided By State and Local Government (20) 5. Distance From Urban Built-up Area (15) 6. Distance To Urban Support Services (15) 7. Size Of Present Farm Unit Compared To Average (10) 8. Creation Of Non-farmable Farmland (10) 9. Availability Of Farm Support Services (5) 10. On-Farm Investments (20) 11. Effects Of Conversion On Farm Support Services (10) 12. Compatibility With Existing Agricultural Use (10) TOTAL SITE ASSESSMENT POINTS 160 PART VII (To be completed by Federal Agency) Relative Value Of Farmland (From Part V)100 Total Site Assessment (From Part VI above or local site assessment)160 TOTAL POINTS (Total of above 2 lines)260 Site Selected: Date Of Selection Was A Local Site Assessment Used? YES NO Reason For Selection: Name of Federal agency representative completing this form: Date: (See Instructions on reverse side) Form AD-1006 (03-02) 06/07/2019 Laurel Springs Mitigation FHWA Mitigation site Avery County. North Carolina 06/07/2019 Milton Cortes, NRCS, NC none 58 acres CORN 31,938 acres 20.2% 22,925 acres 14.5% Avery County, NC LESA N/A , 2019 by eMail 26.10 - 26.10 3.40 2.30 0.0249 18.1 25 15 10 11 20 15 0 3 0 4 4 0 0 82 0 0 0 25000 82000 107 0 0 0 Yes 7/16/2019 Fits stream and wetland restoration need for the watershed JD Hamby 7/16/209 STEPS IN THE PROCESSING THE FARMLAND AND CONVERSION IMPACT RATING FORM Step 1 - Federal agencies (or Federally funded projects) involved in proposed projects that may convert farmland, as defined in the Farmland Protection Policy Act (FPPA) to nonagricultural uses, will initially complete Parts I and III of the form. For Corridor type projects, the Federal agency shall use form NRCS-CPA-106 in place of form AD-1006. The Land Evaluation and Site Assessment (LESA) process may also be accessed by visiting the FPPA website, http://fppa.nrcs.usda.gov/lesa/. Step 2 - Originator (Federal Agency) will send one original copy of the form together with appropriate scaled maps indicating location(s)of project site(s), to the Natural Resources Conservation Service (NRCS) local Field Office or USDA Service Center and retain a copy for their files. (NRCS has offices in most counties in the U.S. The USDA Office Information Locator may be found at http://offices.usda.gov/scripts/ndISAPI.dll/oip_public/USA_map,or the offices can usually be found in the Phone Book under U.S. Government, Department of Agriculture. A list of field offices is available from the NRCS State Conservationist and State Office in each State.) Step 3 - NRCS will, within 10 working days after receipt of the completed form, make a determination as to whether the site(s) of the proposed project contains prime, unique, statewide or local important farmland. (When a site visit or land evaluation system design is needed, NRCS will respond within 30 working days. Step 4 - For sites where farmland covered by the FPPA will be converted by the proposed project, NRCS will complete Parts II, IV and V of the form. Step 5 - NRCS will return the original copy of the form to the Federal agency involved in the project, and retain a file copy for NRCS records. Step 6 - The Federal agency involved in the proposed project will complete Parts VI and VII of the form and return the form with the final selected site to the servicing NRCS office. Step 7 - The Federal agency providing financial or technical assistance to the proposed project will make a determination as to whether the proposed conversion is consistent with the FPPA. INSTRUCTIONS FOR COMPLETING THE FARMLAND CONVERSION IMPACT RATING FORM (For Federal Agency) Part I: When completing the "County and State" questions, list all the local governments that are responsible for local land use controls where site(s) are to be evaluated. Part III: When completing item B (Total Acres To Be Converted Indirectly), include the following: 1. Acres not being directly converted but that would no longer be capable of being farmed after the conversion, because the conversion would restrict access to them or other major change in the ability to use the land for agriculture. 2. Acres planned to receive services from an infrastructure project as indicated in the project justification (e.g. highways, utilities planned build out capacity) that will cause a direct conversion. Part VI: Do not complete Part VI using the standard format if a State or Local site assessment is used. With local and NRCS assistance, use the local Land Evaluation and Site Assessment (LESA). 1. Assign the maximum points for each site assessment criterion as shown in § 658.5(b) of CFR. In cases of corridor-type project such as transportation, power line and flood control, criteria #5 and #6 will not apply and will, be weighted zero, however, criterion #8 will be weighed a maximum of 25 points and criterion #11 a maximum of 25 points. 2. Federal agencies may assign relative weights among the 12 site assessment criteria other than those shown on the FPPA rule after submitting individual agency FPPA policy for review and comment to NRCS. In all cases where other weights are assigned, relative adjustments must be made to maintain the maximum total points at 160. For project sites where the total points equal or exceed 160, consider alternative actions, as appropriate, that could reduce adverse impacts (e.g. Alternative Sites, Modifications or Mitigation). Part VII: In computing the "Total Site Assessment Points" where a State or local site assessment is used and the total maximum number of points is other than 160, convert the site assessment points to a base of 160. Example: if the Site Assessment maximum is 200 points, and the alternative Site "A" is rated 180 points: For assistance in completing this form or FPPA process, contact the local NRCS Field Office or USDA Service Center. NRCS employees, consult the FPPA Manual and/or policy for additional instructions to complete the AD-1006 form. Total points assigned Site A 180 Maximum points possible 200 =X 160 = 144 points for Site A FORM-PBA-CCA ®kcehCoeG htiw tropeR ™paM suidaR RDE ehT 6 Armstrong Road, 4th floor Shelton, CT 06484 Toll Free: 800.352.0050 www.edrnet.com Laurel Springs 964 Little Buck Hill Rd. Newland, NC 28657 Inquiry Number: 5704627.2s July 01, 2019 SECTION PAGE Executive Summary ES1 Overview Map 2 Detail Map 3 Map Findings Summary 4 Map Findings 8 Orphan Summary 9 Government Records Searched/Data Currency Tracking GR-1 GEOCHECK ADDENDUM Physical Setting Source Addendum A-1 Physical Setting Source Summary A-2 Physical Setting SSURGO Soil Map A-5 Physical Setting Source Map A-12 Physical Setting Source Map Findings A-14 Physical Setting Source Records Searched PSGR-1 TC5704627.2s Page 1 Thank you for your business. Please contact EDR at 1-800-352-0050 with any questions or comments. Disclaimer - Copyright and Trademark Notice This Report contains certain information obtained from a variety of public and other sources reasonably available to Environmental Data Resources, Inc. It cannot be concluded from this Report that coverage information for the target and surrounding properties does not exist from other sources. NO WARRANTY EXPRESSED OR IMPLIED, IS MADE WHATSOEVER IN CONNECTION WITH THIS REPORT. ENVIRONMENTAL DATA RESOURCES, INC. SPECIFICALLY DISCLAIMS THE MAKING OF ANY SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. ALL RISK IS ASSUMED BY THE USER. IN NO EVENT SHALL ENVIRONMENTAL DATA RESOURCES, INC. BE LIABLE TO ANYONE, WHETHER ARISING OUT OF ERRORS OR OMISSIONS, NEGLIGENCE, ACCIDENT OR ANY OTHER CAUSE, FOR ANY LOSS OF DAMAGE, INCLUDING, WITHOUT LIMITATION, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. ANY LIABILITY ON THE PART OF ENVIRONMENTAL DATA RESOURCES, INC. IS STRICTLY LIMITED TO A REFUND OF THE AMOUNT PAID FOR THIS REPORT. Purchaser accepts this Report "AS IS". Any analyses, estimates, ratings, environmental risk levels or risk codes provided in this Report are provided for illustrative purposes only, and are not intended to provide, nor should they be interpreted as providing any facts regarding, or prediction or forecast of, any environmental risk for any property. Only a Phase I Environmental Site Assessment performed by an environmental professional can provide information regarding the environmental risk for any property. Additionally, the information provided in this Report is not to be construed as legal advice. Copyright 2019 by Environmental Data Resources, Inc. All rights reserved. Reproduction in any media or format, in whole or in part, of any report or map of Environmental Data Resources, Inc., or its affiliates, is prohibited without prior written permission. EDR and its logos (including Sanborn and Sanborn Map) are trademarks of Environmental Data Resources, Inc. or its affiliates. All other trademarks used herein are the property of their respective owners. TABLE OF CONTENTS EXECUTIVE SUMMARY TC5704627.2s EXECUTIVE SUMMARY 1 A search of available environmental records was conducted by Environmental Data Resources, Inc (EDR). The report was designed to assist parties seeking to meet the search requirements of EPA’s Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), the ASTM Standard Practice for Environmental Site Assessments (E 1527-13), the ASTM Standard Practice for Environmental Site Assessments for Forestland or Rural Property (E 2247-16), the ASTM Standard Practice for Limited Environmental Due Diligence: Transaction Screen Process (E 1528-14) or custom requirements developed for the evaluation of environmental risk associated with a parcel of real estate. TARGET PROPERTY INFORMATION ADDRESS 964 LITTLE BUCK HILL RD. NEWLAND, NC 28657 COORDINATES 35.9913000 - 35˚ 59’ 28.68’’Latitude (North): 81.9837000 - 81˚ 59’ 1.32’’Longitude (West): Zone 17Universal Tranverse Mercator: 411328.2UTM X (Meters): 3983230.5UTM Y (Meters): 2903 ft. above sea levelElevation: USGS TOPOGRAPHIC MAP ASSOCIATED WITH TARGET PROPERTY 5948454 LINVILLE FALLS, NCTarget Property Map: 2013Version Date: 5947565 NEWLAND, NCNortheast Map: 2013Version Date: 5948528 SPRUCE PINE, NCSouthwest Map: 2013Version Date: 5946509 CARVERS GAP, NCNorthwest Map: 2013Version Date: AERIAL PHOTOGRAPHY IN THIS REPORT 20140702, 20141019Portions of Photo from: USDASource: 5704627.2s Page 2 NO MAPPED SITES FOUND MAPPED SITES SUMMARY Target Property Address: 964 LITTLE BUCK HILL RD. NEWLAND, NC 28657 Click on Map ID to see full detail. MAP RELATIVE DIST (ft. & mi.) ID DATABASE ACRONYMS ELEVATION DIRECTIONSITE NAME ADDRESS EXECUTIVE SUMMARY TC5704627.2s EXECUTIVE SUMMARY 3 TARGET PROPERTY SEARCH RESULTS The target property was not listed in any of the databases searched by EDR. DATABASES WITH NO MAPPED SITES No mapped sites were found in EDR’s search of available ("reasonably ascertainable ") government records either on the target property or within the search radius around the target property for the following databases: STANDARD ENVIRONMENTAL RECORDS Federal NPL site list NPL National Priority List Proposed NPL Proposed National Priority List Sites NPL LIENS Federal Superfund Liens Federal Delisted NPL site list Delisted NPL National Priority List Deletions Federal CERCLIS list FEDERAL FACILITY Federal Facility Site Information listing SEMS Superfund Enterprise Management System Federal CERCLIS NFRAP site list SEMS-ARCHIVE Superfund Enterprise Management System Archive Federal RCRA CORRACTS facilities list CORRACTS Corrective Action Report Federal RCRA non-CORRACTS TSD facilities list RCRA-TSDF RCRA - Treatment, Storage and Disposal Federal RCRA generators list RCRA-LQG RCRA - Large Quantity Generators RCRA-SQG RCRA - Small Quantity Generators RCRA-CESQG RCRA - Conditionally Exempt Small Quantity Generator Federal institutional controls / engineering controls registries LUCIS Land Use Control Information System US ENG CONTROLS Engineering Controls Sites List EXECUTIVE SUMMARY TC5704627.2s EXECUTIVE SUMMARY 4 US INST CONTROL Sites with Institutional Controls Federal ERNS list ERNS Emergency Response Notification System State- and tribal - equivalent NPL NC HSDS Hazardous Substance Disposal Site State- and tribal - equivalent CERCLIS SHWS Inactive Hazardous Sites Inventory State and tribal landfill and/or solid waste disposal site lists SWF/LF List of Solid Waste Facilities OLI Old Landfill Inventory DEBRIS Solid Waste Active Disaster Debris Sites Listing LCID Land-Clearing and Inert Debris (LCID) Landfill Notifications State and tribal leaking storage tank lists LUST Regional UST Database LAST Leaking Aboveground Storage Tanks INDIAN LUST Leaking Underground Storage Tanks on Indian Land LUST TRUST State Trust Fund Database State and tribal registered storage tank lists FEMA UST Underground Storage Tank Listing UST Petroleum Underground Storage Tank Database AST AST Database INDIAN UST Underground Storage Tanks on Indian Land State and tribal institutional control / engineering control registries INST CONTROL No Further Action Sites With Land Use Restrictions Monitoring State and tribal voluntary cleanup sites INDIAN VCP Voluntary Cleanup Priority Listing VCP Responsible Party Voluntary Action Sites State and tribal Brownfields sites BROWNFIELDS Brownfields Projects Inventory ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists US BROWNFIELDS A Listing of Brownfields Sites Local Lists of Landfill / Solid Waste Disposal Sites SWRCY Recycling Center Listing EXECUTIVE SUMMARY TC5704627.2s EXECUTIVE SUMMARY 5 HIST LF Solid Waste Facility Listing INDIAN ODI Report on the Status of Open Dumps on Indian Lands DEBRIS REGION 9 Torres Martinez Reservation Illegal Dump Site Locations ODI Open Dump Inventory IHS OPEN DUMPS Open Dumps on Indian Land Local Lists of Hazardous waste / Contaminated Sites US HIST CDL Delisted National Clandestine Laboratory Register US CDL National Clandestine Laboratory Register Local Land Records LIENS 2 CERCLA Lien Information Records of Emergency Release Reports HMIRS Hazardous Materials Information Reporting System SPILLS Spills Incident Listing IMD Incident Management Database SPILLS 90 SPILLS 90 data from FirstSearch SPILLS 80 SPILLS 80 data from FirstSearch Other Ascertainable Records RCRA NonGen / NLR RCRA - Non Generators / No Longer Regulated FUDS Formerly Used Defense Sites DOD Department of Defense Sites SCRD DRYCLEANERS State Coalition for Remediation of Drycleaners Listing US FIN ASSUR Financial Assurance Information EPA WATCH LIST EPA WATCH LIST 2020 COR ACTION 2020 Corrective Action Program List TSCA Toxic Substances Control Act TRIS Toxic Chemical Release Inventory System SSTS Section 7 Tracking Systems ROD Records Of Decision RMP Risk Management Plans RAATS RCRA Administrative Action Tracking System PRP Potentially Responsible Parties PADS PCB Activity Database System ICIS Integrated Compliance Information System FTTS FIFRA/ TSCA Tracking System - FIFRA (Federal Insecticide, Fungicide, & Rodenticide Act)/TSCA (Toxic Substances Control Act) MLTS Material Licensing Tracking System COAL ASH DOE Steam-Electric Plant Operation Data COAL ASH EPA Coal Combustion Residues Surface Impoundments List PCB TRANSFORMER PCB Transformer Registration Database RADINFO Radiation Information Database HIST FTTS FIFRA/TSCA Tracking System Administrative Case Listing DOT OPS Incident and Accident Data CONSENT Superfund (CERCLA) Consent Decrees INDIAN RESERV Indian Reservations FUSRAP Formerly Utilized Sites Remedial Action Program UMTRA Uranium Mill Tailings Sites LEAD SMELTERS Lead Smelter Sites EXECUTIVE SUMMARY TC5704627.2s EXECUTIVE SUMMARY 6 US AIRS Aerometric Information Retrieval System Facility Subsystem US MINES Mines Master Index File ABANDONED MINES Abandoned Mines FINDS Facility Index System/Facility Registry System ECHO Enforcement & Compliance History Information UXO Unexploded Ordnance Sites DOCKET HWC Hazardous Waste Compliance Docket Listing FUELS PROGRAM EPA Fuels Program Registered Listing AIRS Air Quality Permit Listing ASBESTOS ASBESTOS COAL ASH Coal Ash Disposal Sites DRYCLEANERS Drycleaning Sites Financial Assurance Financial Assurance Information Listing NPDES NPDES Facility Location Listing UIC Underground Injection Wells Listing AOP Animal Operation Permits Listing PCSRP Petroleum-Contaminated Soil Remediation Permits SEPT HAULERS Permitted Septage Haulers Listing CCB Coal Ash Structural Fills (CCB) Listing EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records EDR MGP EDR Proprietary Manufactured Gas Plants EDR Hist Auto EDR Exclusive Historical Auto Stations EDR Hist Cleaner EDR Exclusive Historical Cleaners EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives RGA HWS Recovered Government Archive State Hazardous Waste Facilities List RGA LF Recovered Government Archive Solid Waste Facilities List RGA LUST Recovered Government Archive Leaking Underground Storage Tank SURROUNDING SITES: SEARCH RESULTS Surrounding sites were not identified. Unmappable (orphan) sites are not considered in the foregoing analysis. EXECUTIVE SUMMARY TC5704627.2s EXECUTIVE SUMMARY 7 There were no unmapped sites in this report. EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.38403800376037203560360 040 364036 80376 0 3 8 4 0 37603720 4 2403603680 42004160412041204 0804080 404037 60 380 0 38 4 038803920 3 96 0 4 0 00 400039603920388038403800 376037203640033600 36003160 3 0403080 3 1 20 3 1203 1 60 3 1603200 32003240 3 2 40 328 0 3 2 80 33 20 332 0 332033603360 33603 400 3434003440 34403480 3480344035 2 0 35203 5 60 3 3560368036403600356035 2 034803440340033603320 3280 3240308 0 3040 3000 30 803040 30000 2 9 602960296 02 0 2 9 20 29208 28803 4 8 0344 03960 3920 340038 8 0 3 3 6 0 3 840 38 0037 603 3203 720368036403600 304035 6 0 3280 3 280 35203480 324032 4 0 34 403440 3400340 0 3 2403200320033 3603360316031603 1 6 0 33 2033203120 31203 1 2 0 3280 3 2 80308032403240 30803 0 803 0 8 0 3 2 0 0 32 0030403 1 6031 60 31203 1 2 0 31203080308 0 3080 30402960 34 40340 0 3 3 60 3 3 2 03 08030403 04030403040300030003 00030002840 2840 28402 84 036852034 803 44034003 360336028802880288028802880288028802920 2 9 2 0 2920292029202920292029202920 296029602960 2960 22960 29602 9602960 29602960296029603 0 003 000 3 0 0 03000 3 0 0 0 3 000300030 0030003 0 40 3040 30403 0 4 030403040 3 0 4 0 3080308030803120 312 0 3 120316 0 3 1 6 0 3 1 6 0 3 2 0 0 32 0 0 3 3 2 003 2 4 0 32 4 0 3 2403240 3 2 80 328 03320 3 320 EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.EDR Inc.308030002920292029603000 3040 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted STANDARD ENVIRONMENTAL RECORDS Federal NPL site list 0 NR 0 0 0 0 1.000NPL 0 NR 0 0 0 0 1.000Proposed NPL 0 NR 0 0 0 0 1.000NPL LIENS Federal Delisted NPL site list 0 NR 0 0 0 0 1.000Delisted NPL Federal CERCLIS list 0 NR NR 0 0 0 0.500FEDERAL FACILITY 0 NR NR 0 0 0 0.500SEMS Federal CERCLIS NFRAP site list 0 NR NR 0 0 0 0.500SEMS-ARCHIVE Federal RCRA CORRACTS facilities list 0 NR 0 0 0 0 1.000CORRACTS Federal RCRA non-CORRACTS TSD facilities list 0 NR NR 0 0 0 0.500RCRA-TSDF Federal RCRA generators list 0 NR NR NR 0 0 0.250RCRA-LQG 0 NR NR NR 0 0 0.250RCRA-SQG 0 NR NR NR 0 0 0.250RCRA-CESQG Federal institutional controls / engineering controls registries 0 NR NR 0 0 0 0.500LUCIS 0 NR NR 0 0 0 0.500US ENG CONTROLS 0 NR NR 0 0 0 0.500US INST CONTROL Federal ERNS list 0 NR NR NR NR NR TPERNS State- and tribal - equivalent NPL 0 NR 0 0 0 0 1.000NC HSDS State- and tribal - equivalent CERCLIS 0 NR 0 0 0 0 1.000SHWS State and tribal landfill and/or solid waste disposal site lists 0 NR NR 0 0 0 0.500SWF/LF 0 NR NR 0 0 0 0.500OLI 0 NR NR 0 0 0 0.500DEBRIS 0 NR NR 0 0 0 0.500LCID TC5704627.2s Page 4 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted State and tribal leaking storage tank lists 0 NR NR 0 0 0 0.500LUST 0 NR NR 0 0 0 0.500LAST 0 NR NR 0 0 0 0.500INDIAN LUST 0 NR NR 0 0 0 0.500LUST TRUST State and tribal registered storage tank lists 0 NR NR NR 0 0 0.250FEMA UST 0 NR NR NR 0 0 0.250UST 0 NR NR NR 0 0 0.250AST 0 NR NR NR 0 0 0.250INDIAN UST State and tribal institutional control / engineering control registries 0 NR NR 0 0 0 0.500INST CONTROL State and tribal voluntary cleanup sites 0 NR NR 0 0 0 0.500INDIAN VCP 0 NR NR 0 0 0 0.500VCP State and tribal Brownfields sites 0 NR NR 0 0 0 0.500BROWNFIELDS ADDITIONAL ENVIRONMENTAL RECORDS Local Brownfield lists 0 NR NR 0 0 0 0.500US BROWNFIELDS Local Lists of Landfill / Solid Waste Disposal Sites 0 NR NR 0 0 0 0.500SWRCY 0 NR NR 0 0 0 0.500HIST LF 0 NR NR 0 0 0 0.500INDIAN ODI 0 NR NR 0 0 0 0.500DEBRIS REGION 9 0 NR NR 0 0 0 0.500ODI 0 NR NR 0 0 0 0.500IHS OPEN DUMPS Local Lists of Hazardous waste / Contaminated Sites 0 NR NR NR NR NR TPUS HIST CDL 0 NR NR NR NR NR TPUS CDL Local Land Records 0 NR NR NR NR NR TPLIENS 2 Records of Emergency Release Reports 0 NR NR NR NR NR TPHMIRS 0 NR NR NR NR NR TPSPILLS 0 NR NR 0 0 0 0.500IMD TC5704627.2s Page 5 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR NR NR NR TPSPILLS 90 0 NR NR NR NR NR TPSPILLS 80 Other Ascertainable Records 0 NR NR NR 0 0 0.250RCRA NonGen / NLR 0 NR 0 0 0 0 1.000FUDS 0 NR 0 0 0 0 1.000DOD 0 NR NR 0 0 0 0.500SCRD DRYCLEANERS 0 NR NR NR NR NR TPUS FIN ASSUR 0 NR NR NR NR NR TPEPA WATCH LIST 0 NR NR NR 0 0 0.2502020 COR ACTION 0 NR NR NR NR NR TPTSCA 0 NR NR NR NR NR TPTRIS 0 NR NR NR NR NR TPSSTS 0 NR 0 0 0 0 1.000ROD 0 NR NR NR NR NR TPRMP 0 NR NR NR NR NR TPRAATS 0 NR NR NR NR NR TPPRP 0 NR NR NR NR NR TPPADS 0 NR NR NR NR NR TPICIS 0 NR NR NR NR NR TPFTTS 0 NR NR NR NR NR TPMLTS 0 NR NR NR NR NR TPCOAL ASH DOE 0 NR NR 0 0 0 0.500COAL ASH EPA 0 NR NR NR NR NR TPPCB TRANSFORMER 0 NR NR NR NR NR TPRADINFO 0 NR NR NR NR NR TPHIST FTTS 0 NR NR NR NR NR TPDOT OPS 0 NR 0 0 0 0 1.000CONSENT 0 NR 0 0 0 0 1.000INDIAN RESERV 0 NR 0 0 0 0 1.000FUSRAP 0 NR NR 0 0 0 0.500UMTRA 0 NR NR NR NR NR TPLEAD SMELTERS 0 NR NR NR NR NR TPUS AIRS 0 NR NR NR 0 0 0.250US MINES 0 NR NR NR 0 0 0.250ABANDONED MINES 0 NR NR NR NR NR TPFINDS 0 NR NR NR NR NR TPECHO 0 NR 0 0 0 0 1.000UXO 0 NR NR NR NR NR TPDOCKET HWC 0 NR NR NR 0 0 0.250FUELS PROGRAM 0 NR NR NR NR NR TPAIRS 0 NR NR NR NR NR TPASBESTOS 0 NR NR 0 0 0 0.500COAL ASH 0 NR NR NR 0 0 0.250DRYCLEANERS 0 NR NR NR NR NR TPFinancial Assurance 0 NR NR NR NR NR TPNPDES 0 NR NR NR NR NR TPUIC 0 NR NR NR NR NR TPAOP 0 NR NR 0 0 0 0.500PCSRP 0 NR NR NR NR NR TPSEPT HAULERS TC5704627.2s Page 6 MAP FINDINGS SUMMARY Search TargetDistance Total Database Property(Miles) < 1/8 1/8 - 1/4 1/4 - 1/2 1/2 - 1 > 1 Plotted 0 NR NR 0 0 0 0.500CCB EDR HIGH RISK HISTORICAL RECORDS EDR Exclusive Records 0 NR 0 0 0 0 1.000EDR MGP 0 NR NR NR NR 0 0.125EDR Hist Auto 0 NR NR NR NR 0 0.125EDR Hist Cleaner EDR RECOVERED GOVERNMENT ARCHIVES Exclusive Recovered Govt. Archives 0 NR NR NR NR NR TPRGA HWS 0 NR NR NR NR NR TPRGA LF 0 NR NR NR NR NR TPRGA LUST 0 0 0 0 0 0 0- Totals -- NOTES: TP = Target Property NR = Not Requested at this Search Distance Sites may be listed in more than one database TC5704627.2s Page 7 MAP FINDINGSMap ID Direction EDR ID NumberDistance EPA ID NumberDatabase(s)SiteElevation NO SITES FOUND TC5704627.2s Page 8 ORPHAN SUMMARYCityEDR IDSite NameSite AddressZipDatabase(s)Count: 0 records.NO SITES FOUNDTC5704627.2s Page 9