20181034 Ver 1_401 Application_20210510

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
October 26, 2020 Ver 3.3
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
CYes r No
Change only 1 needed.
BIMS # Assigned* Version#*
20181034 1
Is a payment required for this project?*
✓ No payment required
6 Fee received
✓ Fee needed - send electronic notification
Select Project Reviewer*
Erin Davis:eads\ebdavis
Information for Initial Review
1a. Name of project:
UT to Rush Fork Stream Mitigation Project
la. Who is the Primary Contact?*
Micky Clemmons
lb. Primary Contact Email:*
mcl e m mo n s ©mb a ke r i n tl. co m
Date Submitted
5/10/2021
Nearest Body of Water
UT to Rush Fork, Rush Fork
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.644607
Pre -Filing Meeting Information
ID#
20181034
Pre -fling Meeting or Request Date*
8/9/2018
Longitude:
-82.940170
Attach documentation of Pre -Filing Meeting Request here:*
DWR Pre -Filing Meeting Request Form.pdf
Reviewing Office *
Central Office - [phone]
lc. Primary Contact Phone:*
[phone]
Version
52.37KB
A. Processing Information
County (or Counties) where the project is located:
Haywood

Is this a NCDMS Project
6 Yes r No
Is this project a public transportation project?*
✓ Yes f No
la. Type(s) of approval sought from the Corps:
7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
I— Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
✓ Yes
6' No
1b. What type(s) of permit(s) do you wish to seek authorization?
I7 Nationwide Permit (NWP)
n Regional General Permit (RGP)
n Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
✓ Yes F No
Nationwide Permit (NWP) Number: 27 - Restoration
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
I7 401 Water Quality Certification - Regular
n Non-404 Jurisdictional General Permit
n Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
If. Is this an after -the -fact permit application?*
✓ Yes f No
n 401 Water Quality Certification - Express
n Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes GNo
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
✓ Yes r No
Acceptance Letter Attachment
lh. Is the project located in any of NC's twenty coastal counties?
✓ Yes GNo
1j. Is the project located in a designated trout watershed?
G Yes r No
B. Applicant Information
Id. Who is applying for the permit?
n Owner 17 Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
6 Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
Anne Palmer Family Properties, L.P.
2b. Deed book and page no.:
489/1683
2c. Responsible party:
Anne P Collier
2d. Address
rYes r No
rYes r No

Street Address
6624 Yacht Club Road
Address Line 2
City State / Province / Region
Flowery Branch GA
Postal / Zip (.ode Country
30542 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
2a. Name(s) on recorded deed:
WE KIRK FARMS NORTH, LLC
2b. Deed book and page no.:
838/400
2c. Responsible party:
James Weaver Kirkpatrick, Jr.
2d.Address
Street Address
448 Little Mountain Road
Address Line 2
ply State/ Rovince / Fegion
Waynesville NC
Postal / Zip Code Country
28786 USA
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
zou pbache@hotmail. com
3. Applicant Information (if different from owner)
3a. Name:
Lin Xu
3b. Business Name:
NCDEQ - DMS
3c.Address
Street Address
217 W. Jones St.
Address Line 2
Suite 3000A
at, State/ Bovine/ Region
Raleigh NC
Postal / Zip Code Country
27603 USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Micky Clemmons
4b. Business Name:
Michael Baker Engineering, Inc
4c.Address

Street Address
797 Haywood Road
Address Line 2
Suite 201
ty Slate / Province / Region
Asheville NC
Postal / ZZp Code Country
28806 USA
4d. Telephone Number: 4e. Fax Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Ann Palmer_Landowner Authorization Form_signed.pdf
WE KIRK Farms_Landowner Authorization form_signed.pdf
281.96KB
304.17KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality/ town:
Crabtree and Fines Creek
2. Project Identification
2a. Property Identification Number:
8721-72-6837,8731-33-5998
2c. Project Address
Street Address
9236 Rush Fork Road
Address Line 2
2b. Property size:
All properties combined: 829.9 ac; CE total:
8.26 ac
aty State / Province / legion
Clyde NC
Postal / Zip Code Country
28721 USA
3. Surface Waters
3a. Name of the nearest body of water to proposed project:*
UT to Rush Fork, Rush Fork
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101060205
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The UT to Rush Fork Stream Mitigation Project (project) is located on two adjacent parcels of an active cattle farm in Haywood County, North Carolina, halfway between the
unincorporated communities of Crabtree and Fines Creek as shown on the Project Vicinity Map (Figure 1). The project site entrance is 5.9 miles down Route 209 on the right at 9503
Rush Fork Road. Coordinates for the approximate center of the project are 35.644607 N Latitude, -82.940170 W Longitude.
The project area lies within the French Broad River Basin, Hydrologic Unit Code (HUC) 06010106-020010 (named the Pigeon River/Crabtree Creek Watershed), which is identified as a
Targeted Local Watershed (TLW) in the NC Division of Mitigation Services' (DMS) 2009 French Broad River Basin Restoration Priorities (RBRP) report. The project is located in the
Blue Ridge Physiographic Region, within the Southern Crystalline and Mountains Level IV ecoregion. The project watershed drains into Rush Fork Creek approximately 700 linear feet
(LF) below the project property. Rush Fork flows for approximately 2.8 miles to its confluence with Crabtree Creek which continues for approximately 0.7 miles where it flows into the
Pigeon River. All of these tributaries and streams are designated as Class C waters by the DWR surface water classification.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes f No r Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
NC_Fines_Creek_20190816_TM_geo_8.5x11.pdf 3.22MB

4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Custom Soil Resource Report for Haywood County Area, North Carolina.pdf 990.73KB
4f. List the total estimated acreage of all existing wetlands on the property:
0.996
4g. List the total estimated linear feet of all existing streams on the property:
4200
4h. Explain the purpose of the proposed project:*
The purpose is to restore the ecological function to an impaired riparian system that ultimately drains into the French Broad River.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
The project vrll restore 2,865.36 LF and enhance an additional 1,185.64 LF of stream along 7 reaches. Additionally, approxmately 0.996 acres of adjacent riparian wetlands vrll be
enhanced and protected within the conservation easement. Historic and current agricultural use on the project site has predominantly been livestock pasture. These activities have
negatively impacted both water quality and streambank stability along the project stream reaches. The resulting observed stressors include streambank erosion, sedimentation, excess
nutrient input, channel modification, and the loss of riparian buffers.
To address the observed stressors, the goals of this project include:
• Reconnect stream reaches to their floodplains,
• Improve stream stability,
• Improve aquatic habitat,
• Reestablish forested riparian buffers, and
• Permanently protect the project in a conservation easement.
The project is anticipated to generate a total of 3,533.610 cold -water stream mitigation credits (contracted for 3,000), and the site will be protected by an 8.26 acre permanent
conservation easement.
4j. Please upload project drawings for the proposed project.
Ann Palmer_Landowner Authorization Form_signed.pdf
WE KIRK Farms_Landowner Authorization form_signed.pdf
RushFork_100068_Mitigation Plan_DRAFT_2020Sept30_WithAppendices_FullApp_I. pdf
SAW-2018-01171 NCDMS ILF UTs Rush Fork Mitigation Site PJD_ForMitPlan_WithNote.pdf
RushFork_PCN_ImpactMap_ALL_COMBINED. pdf
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
6 Yes
Comments:
281.96KB
304.17KB
67.81 MB
12.91MB
2.82MB
r No r Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
6 Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2018-01171
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
Scott King
Michael Baker Engineering, Inc
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR
5/1/2019
5d1. Jurisdictional determination upload
SAW-2018-01171 NCDMS ILF UTs Rush Fork Mitigation Site PJD_ForMitPlan_WithNote.pdf 12.91 MB
6. Future Project Plans
6a. Is this a phased project?*
rYes RNo
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Pi Wetlands 17 Streams -tributaries
r Open Waters r Pond Construction
r Buffers

2. Wetland Impacts
2a. Site #*(?)
2a1 Reason (?)
2b. Impact type* (?)
2c. Type of W.*
2d. W. name* 12e.
Forested*
2f. Type of
Jurisdicition*(?)
2g. Impact
area*
1
Stream Restoration
P
Headwater Forest
W-A
No
Corps
0.011
(acres)
1
Heavy Equipment Use in
Wetland
T
Headwater Forest
W-A
No
Corps
0.009
(acres)
1
Stream Restoration
P
Headwater Forest
W-B
No
Corps
0.005
(acres)
1
Heavy Equipment Use in
Wetland
T
Headwater Forest
W-B
No
Corps
0.004
(acres)
1
Stream Restoration
P
Headwater Forest
W-C
No
Corps
0.038
(acres)
1
Heavy Equipment Use in
Wetland
T
Headwater Forest
W-C
No
Corps
0.132
(acres)
1
Stream Restoration
P
Bottomland Hardwood Forest
W-D
No
Corps
0.006
(acres)
1
Heavy Equipment Use in
Wetland
T
Bottomland Hardwood Forest
W-D
No
Corps
0.004
(acres)
1
Stream Restoration
P
Bottomland Hardwood Forest
W-E
No
Corps
0.086
(acres)
1
Heavy Equipment Use in
Wetland
T
Bottomland Hardwood Forest
W-E
No
Corps
0.221
(acres)
1
Stream Restoration
P
Headwater Forest
W-G
No
Corps
0.046
(acres)
1
Heavy Equipment Use in
Wetland
T
Headwater Forest
W-G
No
Corps
0.277
(acres)
1
Stream Restoration
P
Headwater Forest
W-I
No
Corps
0.005
(acres)
1
Heavy Equipment Use in
Wetland
T
Headwater Forest
W-I
No
Corps
0.018
(acres)
1
Stream Restoration
P
Headwater Forest
W-J
No
Corps
0.016
(acres)
1
Heavy Equipment Use in
Wetland
T
Headwater Forest
W-J
No
Corps
0.052
(acres)
1
Stream Restoration
P
Headwater Forest
W-K
No
Corps
0.001
(acres)
1
Stream Restoraion
P
Bottomland Hardwood Forest
W-L
No
Corps
0.052
(acres)
1
Heavy Equipment Use in
Wetland
T
Bottomland Hardwood Forest
W-L
No
Corps
0.017
(acres)
1
Stream Restoration
P
Bottomland Hardwood Forest
W-M
No
Corps
0.034
(acres)
1
Heavy Equipment Use in
Wetland
T
Bottomland Hardwood Forest
W-M
No
Corps
0.013
(acres)
2g. Total Temporary Wetland Impact
0.747
2g. Total Wetland Impact
1.047
2h. Comments:
3. Stream Impacts
2g. Total Permanent Wetland Impact
0.300
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type*
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
Si
Enhancement Level 1
Permanent
Other
UT2-R1
Perennial
Corps
4
248
Average (feet)
(linear feet)

S2
Enhancement Level 2
Permanent
Other
Ur1-R2
Perennial
Corps
4
Average (feet)
278
(linear feet)
S3
Enhancement Level 1
Permanent
Other
Ur1-R3
Perennial
Corps
5
Average (feet)
676
(ling feet)
S4
Priority 1 Restoration and
Relocation
Permanent
Other
UT1-R4
Perennial
Corps
4
Average(feet)
1,567
(linear feet)
S5
Enhancement Level 2
Permanent
Other
UT2
Perennial
Corps
3
Average (feet)
99
(linear feet)
S6
Priority 1 Restoration and
Relocation
Permanent
Other
UT3
Perennial
Corps
6
Average (feet)
1,665
(linear feet)
S7
Priority 1 Restoration and
Relocation
Permanent
Other
UT4
Perennial
Corps
3
Average (feet)
19
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
4,552
3i. Total stream and ditch impacts:
1322
3j. Comments:
E. Impact Justification and Mitigation
1. Avoidance and Minimization
3i. Total temporary stream impacts:
0
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
The proposed impacts are required to restore ecological functions of the riparian system, as described in the Mitigation Plan. As the intent of the
project is to restore the overall stream, wetland, and buffer complex design efforts were taken to minimize impacts to the existing channel, wetlands,
and riparian buffer wherever possible. Construction routes were selected to minimize stream and wetland crossings. All disturbed areas will be planted
with native seed, live stakes, and bare root seedlings to re-establish the riparian vegetation community upon completion of disturbance.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
All construction practices will follow guidelines form the NC Erosion and Sediment Control Planning and Design Manual. Construction haul routes were
selected to minimize stream and wetland crossings. The construction activities will also be phased so that the contractor only disturbs as much stream
bank as can be stabilized by the end of the day.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
✓ Yes ( No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
This is a restoration/enhancement project.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes RNo
If no, explain why:
It is located within the French Broad watershed
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes r No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
✓ Yes r' No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
✓ Yes
c N/A - project disturbs < 1 acre
r No
Comments:
This project involves work in the stream corridor only. No work will be performed outside the stream corridor and no impervious areas will be added; therefore, this section is not
applicable.

G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
6 Yes rNo
1b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPAUSEPA)? *
( Yes r No
lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House?*
( Yes r No
NEPA or SEPA Final Approval Letter
100068UTtoRushForkCatEx FINAL2018.pdf 15.8MB
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes f• No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes R No
3b. If you answered "no," provide a short narrative description.
The purpose is to restore ecological function to an impaired riparian system that ultimately drains to the French Broad River
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes rNor N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
6 Yes r No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
6 Yes r No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes F No
f No r Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
6 Yes r No
5g. Does this project involve bridge maintenance or removal?
✓ Yes F No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
✓ Yes f No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
✓ Yes F No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://ecos.fws.gov/ipac/
Consultation Documentation Upload
Uf Rush ForkMitigationUf Rush F kHaywoodWRCComments. pdf 33.58KB
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*

✓ Yes f No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https://www.habitat.noaa.gov/application/efhmapper/index.html
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
✓ Yes f No
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
NC Department of Natural and Cultural Resources, Cherokee Nation Tribal Historic Preservation Office
7c. Historic or Prehistoric Information Upload
121118 USAGE COR Rush Fork Stream Site_Tribal Response_from COE.pdf
ER 18-1299_SHPO response from COE.pdf
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
✓ Yes f• No
8c. What source(s) did you use to make the floodplain determination?*
FEMA flood maps
349.38KB
99.26KB
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
UTtoRushFork401 FeeMemo.pdf
UT to Rush Fork_100068_MP_2021.pdf
803.79KB
33.65MB
Signature
*
17 By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
• I intend to electronically sign and submit the PCN form.
Full Name:
Micky Clemmons
Signature
Full Name (DMS Signature)
Lin Xu
DSM Signature
Date
5/10/2021

ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
TIM BAUMGARTNER
Director
NORTH CAROLINA
Environmental Quality
MEMORANDUM:
TO: Debby Davis
FROM: Lin Xu Lx
SUBJECT: Payment of Permit Fee
401 Permit Application
DATE: May 18, 2021
The Division of Mitigation Services (DMS) is implementing a mitigation project
for UT to Rush Fork Stream Mitigation Project in Haywood County (DMS IMS #
100068). The activities associated with this restoration project involve stream
restoration related temporary stream and wetland impact. To conduct these
activities, the DMS must submit a Pre -construction Notification (PCN) Form to the
Division of Water Resources (DWR) for review and approval. The DWR assesses a
fee of $570.00 for this review.
Please transfer $570.00 from DMS Fund # 2984, Account # 535120 to DWR as
payment for this review. If you have any questions concerning this matter I can be
reached at 919-707-8319. Thanks for your assistance.
cc: Erin Davis, DWR
LD_E
NORTH CAROLINA
Department of Environmental Mal
North Carolina Department of Environmental Quality I Division of Mitigation Services
217 West Jones Street 11652 Mail Service Center I Raleigh, North Carolina 27699-1652
919.707.8976

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 489
Page: 1683 County: Haywood
Parcel ID Number: 8721-72-6837
Street Address: 9503 Rush Fork Road
Clyde, NC 28721
Property Owner (please print): Anne Palmer Family Properties, L.P.
Property Owner (please print):
The undersigned, registered property owner(s) of the above property, do hereby authorize
Micky Clemmons of Michael Baker Engineering, Inc.
(Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)2
to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or
riparian buffer mitigation project, including conducting stream and/or wetland determinations and
delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I
agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property
as part of these environmental reviews.
Property Owners(s) Address: Anne Palmer Family Properties, L.P.
(if different from above)
6624 Yacht Club Road, Flowery Branch, GA 30542
Property Owner Telephone Number: [phone]
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
(Property Owner Authorized Signature)
(Date)
(Property Owner Authorized Signature) (Date)
Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build).
'Name of company (full -deliveries) or DMS (design -bid -build).

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 838
Page: 400 County: Haywood
Parcel ID Number: 8731-33-5998
Street Address: 9503 Rush Fork Road
Clyde, NC 28721
Property Owner (please print): WE KIRK FARMS NORTH, LLC.
Property Owner (please print):
The undersigned, registered property owner(s) of the above property, do hereby authorize
Micky Clemmons of Michael Baker Engineering, Inc.
(Contractor/Agent/Project Manager)1 (Name of Contractor/Agent Firm/Agency)Z
to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or
riparian buffer mitigation project, including conducting stream and/or wetland determinations and
delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I
agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property
as part of these environmental reviews.
Property Owners(s) Address: WE KIRK FARMS NORTH LLC
(if different from above)
448 Little Mountain Road, Waynesville, NC 28786
Property Owner Telephone Number: (828)
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
Lec
roperty Owner Aut t orized Siture)
, ac t t} ,u •6 r''' v
(Date)
(Property Owner Authorized Signature) (Date)
'Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build).
Name of company (full -deliveries) or DMS (design -bid -build).

5]
55
54
53
52
51
50
49
48
4]
45
M USGS
O186 E
U.S. DEPARTMENT OF THE INTERIOR
U.S. GEOLOGICAL SURVEY
22
23
24
US Topo
25
26
2]
28
FINES CREEK QUADRANGLE
NORTH CAROLINA
2.5441NUTE SERIES
29
30 500
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Custom Soil Resource Report
Soil Map
323700 323900 324100 324300 324500 324700
35° 39' 1" N I I I I I 35° 39' 1" N
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324100
Map Scale: 1:8,050 if printed on A portrait (8.5" x 11") sheet.
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9

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 489
Page: 1683 County: Haywood
Parcel ID Number: 8721-72-6837
Street Address: 9503 Rush Fork Road
Clyde, NC 28721
Property Owner (please print): Anne Palmer Family Properties, L.P.
Property Owner (please print):
The undersigned, registered property owner(s) of the above property, do hereby authorize
Micky Clemmons of Michael Baker Engineering, Inc.
(Contractor/Agent/Project Manager)' (Name of Contractor/Agent Firm/Agency)2
to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or
riparian buffer mitigation project, including conducting stream and/or wetland determinations and
delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I
agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property
as part of these environmental reviews.
Property Owners(s) Address: Anne Palmer Family Properties, L.P.
(if different from above)
6624 Yacht Club Road, Flowery Branch, GA 30542
Property Owner Telephone Number: [phone]
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
(Property Owner Authorized Signature)
(Date)
(Property Owner Authorized Signature) (Date)
Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build).
'Name of company (full -deliveries) or DMS (design -bid -build).

LANDOWNER AUTHORIZATION FORM
PROPERTY LEGAL DESCRITION:
Deed Book: 838
Page: 400 County: Haywood
Parcel ID Number: 8731-33-5998
Street Address: 9503 Rush Fork Road
Clyde, NC 28721
Property Owner (please print): WE KIRK FARMS NORTH, LLC.
Property Owner (please print):
The undersigned, registered property owner(s) of the above property, do hereby authorize
Micky Clemmons of Michael Baker Engineering, Inc.
(Contractor/Agent/Project Manager)1 (Name of Contractor/Agent Firm/Agency)Z
to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or
riparian buffer mitigation project, including conducting stream and/or wetland determinations and
delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I
agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property
as part of these environmental reviews.
Property Owners(s) Address: WE KIRK FARMS NORTH LLC
(if different from above)
448 Little Mountain Road, Waynesville, NC 28786
Property Owner Telephone Number: (828)
Property Owner Telephone Number:
We hereby certify the above information to be true and accurate to the best of our knowledge.
Lec
roperty Owner Aut t orized Siture)
, ac t t} ,u •6 r''' v
(Date)
(Property Owner Authorized Signature) (Date)
'Name of full delivery staff member (full -deliveries) or DMS project manager (design -bid -build).
Name of company (full -deliveries) or DMS (design -bid -build).

N
A
PoMt*
Reach UT1-R4
MIES'
ect—f
El\
011
Reach UT1-R3
Reach UT1-R4
Conservation Easement
Jurisdictional Wetlands
Jurisdictional Streams
By Mitigation Type
Restoration
Enhancement 1
Enhancement 2
Reach UT1-R2
9111:41fPvr lI9±Jf21;siNiHMit.141,
Michael Baker
INTERNATIONAL
0 200 400
800
Feet
Jurisdictional Impacts: Overview
UT to Rush Fork Mitigation Site
DMS Project 100068
Haywood County

N
A
W-J Impacts:
Perm: 0.016 ac
Temp: 0.052 ac
W-I Impacts:
Perm: 0.005 ac
Temp: 0.018 ac
W-G Impacts:
Perm: 0.046 ac
Temp: 0.277 ac
Culvert Crossing
nConservation Easement
0 Trees in CE (>12" diameter)
Wetland Impact Category
No Impact
Temp Impact
Perm Impact
Stream Impact Category
Restoration
Enhancement 1
Enhancment 2
1�5 gWItat Vt.( w4j.istAto i lifv�r�
Et
Michael Baker
INTERNATIONAL
0 62.5 125
250
Feet
Jurisdictional Impacts: Map A
UT to Rush Fork Mitigation Site
DMS Project 100068
Haywood County

wii
Conservation Easement
0 Trees in CE (>12" diameter)
Wetland Impact Category
No Impact
Temp Impact
Perm Impact
Stream Impact Category
Restoration
Enhancement 1
Enhancment 2
W-G Impacts:
Perm: 0.046 ac
Temp: 0.277 ac
Reach UT1-R4
Culvert Crossing
Reach UT1-R3
W-E Impacts:
Perm: 0.086 ac
Temp: 0.221 ac
Culvert Crossing
W-A Impacts:
Perm: 0.011 ac
Temp: 0.009 ac
Reach UT1-R2
Powerline Break
W-C Impacts:
Perm: 0.038 ac
Temp: 0.132 ac
W-B Impacts:
Perm: 0.005 ac
Temp: 0.004 ac
Reach UT2
W-D Impacts:
Perm: 0.006 ac
Temp: 0.004 ac
Michael Baker
INTERNATIONAL
0 62.5 125
250
Feet
N
A
Jurisdictional Impacts: Map B
UT to Rush Fork Mitigation Site
DMS Project 100068
Haywood County

N
A
Conservation Easement
Trees in CE (>12" diameter)
Wetland Impact Category
No Impact
Temp Impact
Perm Impact
Stream Impact Category
Restoration
Enhancement 1
Enhancment 2
Reach UT1-R4
W-M Impacts:
Perm: 0.034 ac
Temp: 0.013 ac
4-
Reach UT4
Reach UT1-R4
W-E Impacts:
Perm: 0.086 ac
Temp: 0.221 ac
W-K Impacts:
Perm: 0.001 ac
�c car iULr s ys.10it.4i s
Michael Baker
INTERNATIONAL
0 62.5 125
250
Feet
Jurisdictional Impacts: Map C
UT to Rush Fork Mitigation Site
DMS Project 100068
Haywood County

North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
June 14, 2018
Kristi Suggs
Michael Baker International
15720 Brixham Hill Ave, Suite 300, Office 318
Charlotte, NC 28277
SUBJECT: UT Rush Fork Stream Mitigation Project
UTs to Rush Fork, Haywood County
Dear Ms. Suggs:
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) received your June 5,
2018 letter regarding plans for a stream restoration project on unnamed tributaries (UTs) to Rush Fork in
Haywood County. You requested review and comment on the project. Our comments on this project are
offered for your consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et. seq.)
and Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project will involve restoration and enhancement on 5,300 ft of stream. It is anticipated that
degraded riparian wetlands will be restored or enhanced with the Priority 1 stream restoration strategy.
Cattle will be fenced from the easement.
We do not anticipate impacts to wild trout, and a moratorium will likely not need to be observed.
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 in order 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
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

GWY.9 DBP
CHEROKEE NATION®
P.O. Box 948. Tahlequah, OK 74465.0948 • 918453-5000 • OIL-FR c.04
December 11, 2018
Kim Browning
United States Army Corps of Engineers, Wilmington District
3331 Heritage Trade Drive, Suite 105
Wake Forest, NC 27587
Re: Rush Fork Stream Site
Ms. Kim Browning:
Office of the Chief
Bill John Baker
Principal Chief
0P Ch •(SS&ioWr
0°E0Gf3
S. Joe Crittenden
Deputy Principal Chief
xa. KG. d1EJloW
WPJ1 DLd'J1 O>EOG•5
The Cherokee Nation (Nation) is in receipt of your correspondence about Rush Fork Stream Site,
and appreciates the opportunity to provide comment upon this project. Please allow this letter to
serve as the Nation's interest in acting as a consulting party to this proposed undertaking.
The Nation maintains databases and records of cultural, historic, and pre -historic resources in this
area. Our Historic Preservation Office reviewed this project, cross referenced the project's legal
description against our information, and found no instances where this project intersects or adjoins
such resources. Thus, the Nation does not foresee this project imparting impacts to Cherokee
cultural resources at this time.
However, the Nation requests that the United States Army Corps of Engineers (USACE) 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 USACE 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,
4it)4 )-?r-
Elizabeth Toombs, Tribal Historic Preservation Officer
Cherokee Nation Tribal Historic Preservation Office
[e-mail]
918.453.5389

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
July 3, 2018
Kristi Suggs
Michael Baker Engineering, Inc.
Ballantyne One
15720 Brixham Avenue, Suite 300, Office 318
Charlotte, NC 28277
Re: UT to Rush Fork Stream Mitigation Project, Crabtree, Haywood County, ER 18-1299
Dear Ms. Suggs:
Thank you for your letter of June 1, 2018, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
contact Renee Gledhill -Earley, environmental review coordinator, at 919-807-6579 or
environmental.review@a,ncdcr.gov. In all future communication concerning this project, please cite the above
referenced tracking number.
Sincerely,
120,„Ija_ )146.1v-ll-Wtt
be5VRamona M. Bartos
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599