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HomeMy WebLinkAbout20211362 Ver 1_NWP 14 & PJD Application - FINAL DRAFT 09092021_20210913 ClearWater Environmental Consultants, Inc. www.cwenv.com 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel September 13, 2021 Amanda Fuemmeler Mr. Paul Wojoski US Army Corps of Engineers NC DWR, 401 Permitting & Buffer Unit Asheville Regulatory Field Office 512 N. Salisbury Street, 9th Floor 151 Patton Avenue, Room 208 Raleigh, North Carolina 27604 Asheville, North Carolina 28801 RE: Black Mountain Home for Children, Youth, and Families (+/- 2.2 Ac) Nationwide Permit 14 & PJD Application Buncombe County, North Carolina Dear Mrs. Fuemmeler and Mr. Wojoski, The attached Pre-Construction Notification (PCN) is being submitted on behalf of Black Mountain Home for Children, Youth, and Families; represented by Tom Campbell. The project area is comprised of a portion of Buncombe County parcel 969967225800000, located at 170 Woodland Drive, Swannanoa, North Carolina 28778. The applicant is seeking 401 Water Quality Certification and a Nationwide Permit 14 to authorize permanent stream impacts and permanent wetland impacts associated with a linear transportation project to include the construction of a new public road. A Preliminary Jurisdictional Determination (PJD) request is also included in Appendix A. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish and Wildlife Service; and Mr. Andrew Moore, NCDEQ Division of Warer Resources. Sincerely, Jeff Golladay R. Clement Riddle, P.W.S. Biologist Principal Copy issued: NC Wildlife Resources Commission – Andrea Leslie USFWS Asheville Field Office – Byron Hamstead NCDEQ Division of Water Resources Asheville Office – Andrew Moore DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Preliminary Data Entry Fields for New Actions SAW – ϭ͘Project Name͗ Ϯ͘Work Type: Private Institutional Government Commercial ϯ͘Project Description / Purpose͗ ϰ͘Property Owner / Applicant͗ ϱ͘Agent / Consultanƚ͗ ϲ͘Related Action ID Number(s)͗ ϳ͘Project Location - Coordinates͕^ƚƌĞĞƚĚĚƌĞƐƐ͕ĂŶĚͬŽƌ>ŽĐĂƚŝŽŶĞƐĐƌŝƉƚŝŽŶ͗ ϴ͘Project Location - Tax Parcel ID͗ ϵ͘Project Location – County͗ ϭϬ͘Project Location – Nearest Municipality or Town : ϭϭ͘Project Information – Nearest Waterbody͗ ϭϮ͘tĂƚĞƌƐŚĞĚͬϴͲŝŐŝƚ,LJĚƌŽůŽŐŝĐhŶŝƚŽĚĞ͗ Authorization: Section 10 Section 404 Section 10 & 404 Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # Jurisdictional Determination Request Pre-Application Request Unauthorized ĐƚŝǀŝƚLJ Compliance EŽWĞƌŵŝƚZĞƋƵŝƌĞĚ Ͳ Revised 20210513 Black Mountain Home for Children, Youth, and Families ✔ NWP 14 application for access road relocation of a +/- 2.2 acre tract. The purpose of the project is to authorize permanent stream and wetland impacts associated with one stream crossing and one wetland crossing. Black Mountain Home for Children, Youth, and Families (Attn: Tom Campbell) Clearwater Environmental Consultants, Inc. 170 Wood Land Dr, Swannanoa, North Carolina, 28778; 35.621591, -82.379754 969967225800000 Buncombe Black Mountain Swannanoa River Upper French Broad / 06010105 ✔ ✔14 ✔ DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: _State of North Carolina, for and on behalf of NC State University__ Property Owner Address: _1017 Main Campus Drive, Suite 2400____________________ _Raleigh, NC 27606_________________________________________ Phone Number: Email address: __919-513-0470__________________________ ______________jeaskew@ncsu.edu______________ Property Location: _Black Mountain Home for Children, Swannonoa, NC________ Owner/Managing partner Signature: __________________________________________ Owner/Managing printed name: _Charles A. Maimone, Vice Chancellor for Finance and Administration_ Date: __________________________________________________ 145 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com DocuSign Envelope ID: F70A6628-4558-4ECC-8295-88007C304224 9/1/2021 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Buncombe County Assessment Property Record Search LAND INFORMATION BUILDING INFORMATION TRANSFER HISTORY VALUE CHANGE HISTORY RECENT PERMIT ACTIVITY BUNCOMBE COUNTY ASSESSMENT PROPERTY RECORD SEARCH 969967225800000 131 CLOVER LN STATE OF NORTH CAROLINA C/O OFFICE OF THE GOVERNOR, RALEIGH, NC, 27699 Total Appraised Value$653,300 Key Information Zoning PS Neighborhood NECB Land Use Code CORRECTIONAL CENTER Municipality - Fire District FEB Special District - Present Use -Appraisal Area Rusty Stark (828) 250-4925 Rusty.Stark@buncombecounty.org Exemption EXM Legal Description Deed Date:09/03/1987 Deed:0946-0527 Plat:0000-0000 Plat Reference 0-0 Assessment Details Land Value $653,300 Building Value $0 Features $0 Total Appraised Value $653,300 Deferred Value $0 Exempt Value $653,300 Total Taxable Value $0 PUBLIC SERVICE DIST. CORRECTIONAL CENTER 84.17 acres NECB $653,300 NO ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN Building(s) No data to display No data to display 2017-01-27 2017 COMMERCIAL REAPPRAISAL NOTICE $583,300 $0 $0 $583,300 2021-02-01 2021 COMMERCIAL REAPPRAISAL NOTICE $653,300 $0 $0 $653,300 DATE OF VALUE CHANGE EFFECTIVE TAX YEAR REASON FOR CHANGE LAND VALUE BUILDING VALUE FEATURES VALUE NEW VALUE No data to display 1000 ft DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 1 of 10 PCN Form – Version 1.4 January 2009 Office Use Only: Corps action ID no. _____________ DWQ project no. _______________ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: Section 404 Permit Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? Yes No 1d. Type(s) of approval sought from the DWQ (check all that apply): 401 Water Quality Certification – Regular Non-404 Jurisdictional General Permit 401 Water Quality Certification – Express Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Yes No For the record only for Corps Permit: Yes No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. Yes No 1g. Is the project located in any of NC’s twenty coastal counties. If yes, answer 1h below. Yes No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No 2. Project Information 2a. Name of project: 2b. County: 2c. Nearest municipality / town: 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): 3d. Street address: 3e. City, state, zip: 3f. Telephone no.: 3g. Fax no.: 3h. Email address: Black Mountain Home for Children Buncombe Swannanoa N/A N/A State of North Carolina See Property Card. 170 Woodland Drive Swannanoa, North Carolina 28778 828-686-3451 N/A tcampbell@blackmountainhome.org 14 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 2 of 10 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: 5b. Business name (if applicable): 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: R. Clement Riddle ClearWater Environmental Consultants, Inc. 145 7th Avenue W; Suite B Hendersonville, NC, 28792 828-698-9800 N/A jeff@cwenv.com DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 3 of 10 PCN Form – Version 1.4 January 2009 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1b. Site coordinates (in decimal degrees): Latitude: Longitude: 1c. Property size: acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: 3b. List the total estimated acreage of all existing wetlands on the property: 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3d. Explain the purpose of the proposed project: 3e. Describe the overall project in detail, including the type of equipment to be used: 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? Yes No Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes No Unknown 5b. If yes, explain in detail according to “help file” instructions. 6. Future Project Plans 6a. Is this a phased project? Yes No 6b. If yes, explain. 969967225800000 -82.379754 2.2 Swannanoa River B Upper French Broad / 06010105 See additional information following the PCN form. 0.07 The purpose of the project is to construct a new public road to access residential properties north of the Black Mountain Home for Children. See additional information following the PCN form. Clearwater Environmental conducted a jurisdictional delineation on July 14, 2021. A request for Preliminary Jurisdictional determination is included as Appendix A 35.621591 346 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 4 of 10 PCN Form – Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): Wetlands Streams – tributaries Buffers Open Waters Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 W2 W3 W4 W5 W6 2g.Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 S2 S3 S4 S5 S6 3h. Total stream and tributary impacts 3i. Comments: Culvert Headwater Wetland No Corps 0.005 Yes Corps 0.004 Yes/No - Yes/No - Yes/No - Yes/No - 0.009 Culvert SB - UT Swannanoa Riv PER Corps 5 67 67 S1 would result in 0.010 acres of permanent impact to the stream bed ofSB and 0.001 acres of permanent impact to the stream bed ofSC.Thisisa braided stream section. P P - - - - Culvert Choose one Choose one Choose one Choose one Headwater Wetland Choose one Choose one Choose one Choose one P - - - - - Choose one Choose one Choose one Choose one Choose one - - - - - - - - - - DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 5 of 10 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) O1 O2 O3 O4 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) 5a. Pond ID number 5b. Proposed use or purpose of pond Flooded Filled Excavated Flooded Filled Excavated P1 P2 5f.Total: 5g. Comments: 5h. Is a dam high hazard permit required? Yes No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a.Project is in which protected basin? Neuse Tar-Pamlico Catawba Randleman Other: 6b. Buffer Impact number – Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 B2 B3 B4 B5 B6 6h.Total Buffer Impacts: 6i. Comments: Choose one Choose Choose one Yes/No - - - - Choose one Choose one Choose one Choose Choose Choose Choose one - - - - - - Yes/No Yes/No Yes/No Yes/No Yes/No ) DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 6 of 10 PCN Form – Version 1.4 January 2009 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If yes, mitigation is required by (check all that apply): DWQ Corps 2c. If yes, which mitigation option will be used for this project? Mitigation bank Payment to in-lieu fee program Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Type: Type: Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In-lieu Fee Program 4a. Approval letter from in-lieu fee program is attached. Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Due to the number of structures near the the project area and the small amount of aquatic resources, the proposed road corridor is situated in the most feasible location. The proposed road corridor follows an existing maintained trail and crosses a section of underground stream which minimizes total stream impacts. All equipment will be operated in the dry, and from high ground. The applicant will adhere to erosion and sediment control standards necessary to protect downstream water quality. Choose one Choose one Choose one Choose one DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 7 of 10 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f.Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 8 of 10 PCN Form – Version 1.4 January 2009 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? Yes No 1b. If yes, then is a diffuse flow plan included? If no, explain why. Yes No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? % 2b. Does this project require a Stormwater Management Plan? Yes No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government’s jurisdiction is this project? 3b. Which of the following locally-implemented stormwater management programs apply (check all that apply): Phase II NSW USMP Water Supply Watershed Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 4. DWQ Stormwater Program Review 4a. Which of the following state-implemented stormwater management programs apply (check all that apply): Coastal counties HQW ORW Session Law 2006-246 Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? Yes No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? Yes No 5b. Have all of the 401 Unit submittal requirements been met? Yes No 0.82 The total percent imperviousness and the lack of curb and gutter associated with the new road corridor does not prompt the need for a stormwater management plan. N/A DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 9 of 10 PCN Form – Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes No 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 (NEPA/SEPA)? Yes No 1c. If you answered “yes” to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: Yes No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? Yes No 2b. Is this an after-the-fact permit application? Yes No 2c. If you answered “yes” to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes No 3b. If you answered “yes” to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered “no,” provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. The proposed new road will serve as a bypass for current residents that live north of the Black Mountain Home for Children and will not result in additional development that could affect downstream water quality. This project will not generate wastewater. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Page 10 of 10 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? Yes No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? Yes No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? Applicant/Agent's Printed Name _______________________________ Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Date - See additional information following the PCN form. NOAA's Essential Fish Habitat (EFH)Mapper. Accessed 8/06/2021 at https://www.habitat.noaa.gov/protection/efh/efhmapper/. See additional information following the PCN form. FEMA's National Flood Hazard Layer Viewer; FIRM Panel: 3700969900J (eff.01/06/2010).See Figure 7. R. Clement Riddle DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 9/9/2021 PCN Form Additional Information Section B.3a Project Description – Land Use The project area is primarily undeveloped woodland. A maintained trail corridor, approximately 10 feet wide, crosses the project area from Woodland Drive in the southwest to Clover Lane in the northeast. The adjacent land use is residential, with the main Black Mountain Home for Children, Youth, and Families campus to the southwest. The northeast corner of the tax parcel is the proposed project area and approximately 346 linear feet of stream and 0.071 acres of wetland were delineated on either side of the proposed road corridor. Section B.3e Project Description – Details The linear transportation project will involve the construction of a new public road, approximately 980 linear feet in length, to connect Woodland Drive and Clover Lane. The new road will function as a means for residents to access properties to the north of the Black Mountain Home for Children. Currently, residents to the north of the Black Mountain Home for Children utilize Clover Lane which cuts through the center of the Black Mountain Home for Children campus. The new road will allow for residents to bypass the campus, while Clover Lane will become a private access road for the Black Mountain Home for Children, Youth, and Families. The new road will follow an existing 10 foot wide, maintained trail corridor. The trail corridor will be expanded by approximately 15-20 feet on either side and will involve approximately 0.5 acres of tree clearing. The proposed impacts (Figure 5) will involve one stream crossing and one wetland crossing. Permanent stream impacts (S1) will include the installation of one embedded culvert and the permanent wetland impacts (W1 and W2) will include the installation of a floodway culvert to maintain a hydrologic connection between the wetlands on either side of the proposed road corridor. Typical grading equipment (trackhoe, dozer, drum-roller, etc.) is likely to be used during the development of this parcel. The culvert will be installed in the dry and all equipment will be operated from high ground. See attached detail. Section F.5d Endangered Species and Designated Critical Habitat – Sources CEC consulted the FWS's "Northern Long-Eared Bat Consultation Areas" for Buncombe County. Buncombe County does not lie within a consultation area and is not listed as having known occurrences of hibernation or maternity sites. Therefore, the project satisfies the 4(d) rule and consultation for effects on the northern long-eared bat is not required. Nevertheless, the project will involve approximately 0.5 acres of tree clearing which will occur after October 15th. A review of the NC Natural Heritage Program database on August 06, 2021, indicates no element occurrences of federally protected species within a one-mile radius of the project boundary. USFWS IPaC “Official Species List” was also consulted. See Appendix B. Section F.7b. Historic or Prehistoric Cultural Resources – Sources The nearest potential historic site is located approximately 0.7 miles from the project site and is outside of the project’s viewshed. The nearest potential historic site is Site ID: BN1417: St. Margaret Mary Catholic Church 2001 (DOE: 2004). Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed 7/16/21. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Black Mountain Home for Children (+/- 2.2 AC) Ü 0 1 20.5 Miles Project Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 Vicinity MapFigure 1Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Oteen Black Mountain MontreatCraggy Pinnacle Copyright:© 2013 National Geographic Society, i-cubed Black Mountain Home for Children (+/- 2.2 AC) Ü 0 1,500 3,000750 Feet Project Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 USGS Topography Map1:24K Quad; Oteen Figure 2 Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Black Mountain Home for Children (+/- 2.2 AC) Ü 0 150 30075 Feet Project Boundary Parcel Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 Aerial Imagery MapNCCGIA 2019Figure 3 Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary Parcel Boundary Parcel area outside of project boundary was not delineated. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 TkC EdE EwD EwD NC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board Black Mountain Home for Children (+/- 2.2 AC) Ü 0 150 30075 Feet Project BoundaryUSDA Soil Type EdE: Edneyville-Chestnut stony; 30-50% slopes EwD: Evard-Cowee stony, 15-30% slopes TkC: Tate loam very stony, 8-15% slopes 145 7th Avenue W, Suite BHendersonville, NC 28792 USDA Soils MapNRCS Web Soil Survey Figure 4 Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Black Mountain Home for Children (+/- 2.2 AC) Ü 0 100 20050 Feet Potential Wetland Impact Potential Stream Impact Wetland Stream - Perennial Approximate Road Centerline - Flagged 50ft Wide Corridor Project Boundary Parcel Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 Wetland and Stream Impacts 50ft-Wide Impact Corridor Figure 5 Buncombe County,North Carolina Drawn by: TJK 7.28.21; CEC Project# 1201 Parcel Boundary Approx. 65 feet of underground stream. No impacts in this section. Permanent Stream Impact S1 - 67 LF / 0.011 Ac Permanent Wetland Impact W2 - 0.004 Ac Stream continues downslope (not delineated) Stream/Wetland continues downslope (not delineated) SA SA SB SB SC WA WB Permanent Wetland Impact W1 - 0.005 Ac Summary of Impacts: Total Permanent Stream Impact: 67 LF / 0.011 Ac Total Permanent Wetland Impact: 0.009 Ac DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 DocuSign Envelope ID: 163EEFC2-D693-4479-91BC-2CBE9BF73359Figure 6DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Black Mountain Home for Children (+/- 2.2 AC) Ü 0 150 30075 Feet Project BoundaryFEMA Flood Zones 100-Year Floodplain 145 7th Avenue W, Suite BHendersonville, NC 28792 FEMA Flood Zone MapFIRM Panel: 3700969900J(Eff. 01/06/2010)Figure 7 Buncombe County,North Carolina Drawn by: JMG 08.06.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Appendix A: Preliminary Jurisdictional Determination Request DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Jurisdictional Determination Request Version: May 2017 Page 1 This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D – PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTOR INFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). 170 Woodland Drive Swannanoa, NC Buncombe 969967225800000 Clearwater Environmental Consultants 145 7th Avenue W; Suite B Hendersonville, NC 28792 828-698-9800 jeff@cwenv.com See Attached Agent Authorization See Attached Agent Authorization See Attached Agent Authorization See Attached Agent Authorization See Attached Agent Authorization 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Jurisdictional Determination Request Version: May 2017 Page 3 D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Print Name Capacity: Owner Authorized Agent5 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. I believe that the site may be comprised entirely of dry land. Other:___________________________________________________________________ _______________________________________________________________________ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). See Attached Agent Authorization 4 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. +/- 2.2 4 4 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6  North Arrow  Graphical Scale  Boundary of Review Area  Date  Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations:  Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features.  Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate.  Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations:  Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ 35.621591 -82.379754 4 4 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. 4 4 4 4 4 4 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A.REPORT COMPLETION DATE FOR PJD: B.NAME AND ADDRESS OF PERSON REQUESTING PJD: C.DISTRICT OFFICE, FILE NAME, AND NUMBER: D.PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.:Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH “MAY BE”SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) SA 35.622000 -82.380046 82 LF (0.004 Ac) Non-wetland waters 404 SB 35.621080 -82.380491 197 LF (0.028 Ac)Non-wetland waters 404 SC 35.621089 -82.380528 67 LF (0.004 Ac) Non-wetland waters 404 WA 35.621264 -82.380598 0.051 Ac Wetland 404 WB 35.620874 -82.380439 0.020 Ac Wetland 404 September 13, 2021 See Agent Authorization Form CESAW-RG-A NC Buncombe Swannanoa 35.621591 -82.379754 NAD83 Swannanoa River DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring “pre- construction notification” (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant’s acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit)or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there “may be” waters of the U.S. and/or that there “may be”navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: _______BBBBBBBBBBBB. Data sheets prepared by the Corps:________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Corps navigable waters’ study: ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. U.S. Geological Survey Hydrologic Atlas: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: _________BBBBBBBBBBBBBBBBBBBBBB. Natural Resources Conservation Service Soil Survey. Citation: __________BBBBBBBBBBBBBBBBB. National wetlands inventory map(s). Cite name: ________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. State/local wetland inventory map(s): ____________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. FEMA/FIRM maps: ________________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. 100-year Floodplain Elevation is: ____BBBBBBBBBBBB.(National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. or Other (Name & Date): ______BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. Previous determination(s). File no. and date of response letter: __________BBBBBBBBBBBBBBBB. Other information (please specify): ______________BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable) 1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Vicinity, USGS Topo, Aerial, USDA Soil, Wetland/Stream Delineation 1:24,000 Scale Topo Quad; NCCGIA 2019 Photo log (CEC 07/16/2021) Property Data DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Waters_Name State Cowardin_Code GM_Cod Meas_Type Amount Units Waters_Type Determin Latitude Longitude l_Waterway SA NORTH CAROLINA R3 Linear 82 FOOT PJD404 35.62200000 -82.38004600 SB NORTH CAROLINA R3 Linear 197 FOOT PJD404 35.62108000 -82.38049100 SC NORTH CAROLINA R3 Linear 67 FOOT PJD404 35.62108900 -82.38052800 WA NORTH CAROLINA PEM Area 0.051 ACRE PJD404 35.62126400 -82.38059800 WB NORTH CAROLINA PFO Area 0.02 ACRE PJD404 35.62087400 -82.38043900 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Black Mountain Home for Children (+/- 2.2 AC) Ü 0 1 20.5 Miles Project Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 Vicinity MapFigure 1Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Oteen Black Mountain MontreatCraggy Pinnacle Copyright:© 2013 National Geographic Society, i-cubed Black Mountain Home for Children (+/- 2.2 AC) Ü 0 1,500 3,000750 Feet Project Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 USGS Topography Map1:24K Quad; Oteen Figure 2 Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Black Mountain Home for Children (+/- 2.2 AC) Ü 0 150 30075 Feet Project Boundary Parcel Boundary 145 7th Avenue W, Suite BHendersonville, NC 28792 Aerial Imagery MapNCCGIA 2019Figure 3 Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary Parcel Boundary Parcel area outside of project boundary was not delineated. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 TkC EdE EwD EwD NC OneMap, NC Center for Geographic Information and Analysis, NC 911 Board Black Mountain Home for Children (+/- 2.2 AC) Ü 0 150 30075 Feet Project BoundaryUSDA Soil Type EdE: Edneyville-Chestnut stony; 30-50% slopes EwD: Evard-Cowee stony, 15-30% slopes TkC: Tate loam very stony, 8-15% slopes 145 7th Avenue W, Suite BHendersonville, NC 28792 USDA Soils MapNRCS Web Soil Survey Figure 4 Buncombe County,North Carolina Drawn by: JMG 6.21.21; CEC Project# 1201 Project Boundary DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 ^_^_ SB SB SC SA SA WA WB WA DP-UP DP-WA Black Mountain Home for Children (+/- 2.2 AC) Ü 0 100 20050 Feet ^_Data Form Stream Wetland Approximate Road Centerline - Flagged Approximate Road Right-of-Way - 30 ft. Project Boundary Parcel Boundary 4 ft. Contours 145 7th Avenue W, Suite BHendersonville, NC 28792 Delineation MapDelineated July 14, 2021Figure 5 Buncombe County,North Carolina Drawn by: JMG 8.6.21; CEC Project# 1201 Jurisdictional wetlands and waters identified on this map have been located within sub-meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Topo - Buncombe County Project Boundary Parcel Boundary *Parcel area outside of the Project Boundary was not delineated* Linear Feet Acres (stream bed)Acres SA 82 0.004 WA 0.051 SB 197 0.028 WB 0.020 SC 67 0.004 Total 346 0.036 Total 0.071 Stream Wetland Potentially Jurisdictional Waters of the US Potential Non-Wetland Waters of the US SA - 82 LF (0.004 Ac) Potential Non-Wetland Waters of the US SB - 197 LF (0.028 Ac) Potential Non-Wetland Waters of the US SC - 67 LF (0.004 Ac) Potential Wetland Waters of the US WB - 0.020 Ac Potential Wetland Waters of the US WA - 0.051 Ac *Stream & Wetland Continue Down Slope (Not Delineated)* *Stream Continues Down Slope (Not Delineated)* DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No X No X X No X Yes X Yes X Yes X X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) The Antecedent Precipitation Tool resulted in "normal" conditions during the date of delineation. HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Black Mountain Home for Children Swannanoa / Buncombe DP-UPL 07/14/21 Black Mountain Home for Children, Youth, and Families NC No Section, Township, Range:T. Kurtz & J. Golladay 15convexhillslope Datum:NAD83-82.38046135.621265LRR N, MLRA 130B n/aNWI classification:TkC: Tate loam very stony, 8-15% slopes Slope (%):Local relief (concave, convex, none): Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X =Total Cover 0 FACU Remarks: (Include photo numbers here or on a separate sheet.) )5 =Total Cover FAC FAC Yes 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 54 22 Fagus grandifolia 15 0 Quercus rubra 5 No FAC Yes Yes UPL UPL 8 240 0 144 Multiply by: 0 3.95Prevalence Index = B/A = 0 Prevalence Index worksheet: FACU Total % Cover of: 80 36 (A) (B) (A) 2 1435 4 15 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 15 ) 8 Yes Yes 3 70 Acer rubrum 3Parthenocissus quinquefolia FACU Smilax rotundifolia 2 70 Rhododendron maximum Tree Stratum ) =Total Cover Oxydendrum arboreum Quercus montana Carya glabra Acer rubrum 30 ) 10 108 Indicator Status 35 35 No No Dominant Species? Yes No FAC OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 50.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No DP-UPL 3 6 FACU species UPL species Hydrophytic Vegetation Indicators: 350 734 70 186 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: FACU ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 100 Loamy/Clayey Loamy/Clayey 100 Color (moist) Matrix 10YR 5/6 10YR 4/4 6-16 0-6 DP-UPLSOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) %Texture Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No X X X X X Yes Yes Yes X X U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) NoYes No No Water Table Present? Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Wetland Hydrology Indicators: True Aquatic Plants (B14) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) The Antecedent Precipitation Tool resulted in "normal" conditions during the date of delineation. HYDROLOGY Geomorphic Position (D2) Shallow Aquitard (D3) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Black Mountain Home for Children Swannanoa / Buncombe DP-WA 07/14/21 Black Mountain Home for Children, Youth, and Families NC No Section, Township, Range:T. Kurtz & J. Golladay 0Concavefan Datum:NAD83-82.38059835.621269LRR N, MLRA 130B n/aNWI classification:TkC: Tate loam very stony, 8-15% slopes Slope (%):Local relief (concave, convex, none): Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Is the Sampled AreaYes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes Sediment Deposits (B2) Drift Deposits (B3) Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 0 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) Surface Water Present? Field Observations: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8.X 9.X 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X =Total Cover 0 Remarks: (Include photo numbers here or on a separate sheet.) No FACW )5 =Total Cover OBL FACW No 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 10 4 16 Yes FACU No 195 16 80 Multiply by: 116 2.56Prevalence Index = B/A = FACW 58 FACW Yes FAC Prevalence Index worksheet: Total % Cover of: 65 20 (A) (B) (A) No OBLNo 23 614 56 Osmundastrum cinnamomeum Dulichium arundinaceum Carex 8 3 2 15 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? FACW =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 15 ) 111 Osmunda spectabilis No No Yes Yes 45 Sambucus OBL3 3 5 Rhododendron maximum Impatiens capensis 45Microstegium vimineum FAC Cicuta maculata 5 28 Fraxinus pennsylvanica Lindera benzoin Tree Stratum ) =Total Cover Liriodendron tulipifera 30 ) 20 Indicator Status 20 Dominant Species? No 15 5 FAC OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 75.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No DP-WA 3 4 FACU species UPL species Hydrophytic Vegetation Indicators: 0 407 0 159 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 X Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): Remarks: Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 Mucky Loam/Clay97C Color (moist) Matrix 10YR 4/1 7.5YR 4/60-16 DP-WASOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. % Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) % Prominent redox concentrations Texture 3 PL Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont – Version 2.0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Dec 2020 Jan 2021 Feb 2021 Mar 2021 Apr 2021 May 2021 Jun 2021 Jul 2021 Aug 2021 Sep 2021 Oct 2021 Nov 2021 0 1 2 3 4 5 6 7 Rainfall (Inches)2021-07-16 2021-06-16 2021-05-17 Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Daily Total 30-Day Rolling Total 30-Year Normal Range 30 Days Ending 30th %ile (in)70th %ile (in)Observed (in)Wetness Condition Condition Value Month Weight Product 2021-07-16 2.628347 4.366536 2.692913 Normal 2 3 6 2021-06-16 3.235827 4.514961 1.822835 Dry 1 2 2 2021-05-17 2.814173 5.278347 3.110236 Normal 2 1 2 Result Normal Conditions - 10 Coordinates 35.621591, -82.379754 Observation Date 2021-07-16 Elevation (ft)2444.44 Drought Index (PDSI)Moderate wetness (2021-06) WebWIMP H2O Balance Wet Season Weather Station Name Coordinates Elevation (ft)Distance (mi)Elevation Weighted Days (Normal)Days (Antecedent) CANDLER 1 W 35.5453, -82.6986 2240.158 18.676 204.282 12.219 10332 90 BLACK MOUNTAIN 2.1 W 35.6171, -82.3681 2303.15 0.724 141.29 0.428 2 0 SWANNANOA 0.4 NNE 35.607, -82.3908 2238.845 1.184 205.595 0.776 4 0 BLACK MTN 2 W 35.6072, -82.3594 2290.026 1.515 154.414 0.916 1007 0 BLACK MOUNTAIN 0.1 WSW 35.614, -82.332 2369.095 2.733 75.345 1.436 1 0 N FK 2 35.6631, -82.3444 2479.987 3.488 35.547 1.694 6 0 BLACK MOUNTAIN 2.8 N 35.654, -82.338 2568.898 3.242 124.458 1.862 1 0 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Appendix B: Federally Protected Species Information DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 NCNHDE-15341 August 6, 2021 Jeff Golladay ClearWater Environmental Consultants, Inc. 145 7th Avenue West Hendersonville, NC 28792 RE: Black Mountain Home for Children; 1201 Dear Jeff Golladay: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached ‘Documented Occurrences’ tables and map. The attached ‘Potential Occurrences’ table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is documented within the project area or indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally-listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Black Mountain Home for Children Project No. 1201 August 6, 2021 NCNHDE-15341 No Element Occurrences are Documented within the Project Area There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The use of Natural Heritage Program data should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare species are found, the NCNHP would appreciate receiving this information so that we may update our database. No Natural Areas are Documented within the Project Area Managed Areas Documented Within Project Area* Managed Area Name Owner Owner Type Swannanoa Correctional Center for Women NC Department of Public Safety State *NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally-listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on August 6, 2021; source: NCNHP, Q2 July 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Black Mountain Home for Children Project No. 1201 August 6, 2021 NCNHDE-15341 Element Occurrences Documented Within a One-mile Radius of the Project Area Taxonomic Group EO ID Scientific Name Common Name Last Observation Date Element Occurrence Rank Accuracy Federal Status State Status Global Rank State Rank Bird 7381 Thryomanes bewickii Bewick's Wren 1885-06 X 4-Low --- Endangered G5 SXB Bird 5180 Vireo gilvus Warbling Vireo 1987-06-23 H 4-Low --- Significantly Rare G5 S2B Dragonfly or Damselfly 33442 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very Low --- Significantly Rare G5 S1S2 No Natural Areas are Documented Within a One-mile Radius of the Project Area Managed Areas Documented Within a One-mile Radius of the Project Area Managed Area Name Owner Owner Type Swannanoa Correctional Center for Women NC Department of Public Safety State Buncombe County Open Space Buncombe County Local Government Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on August 6, 2021; source: NCNHP, Q2 July 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Powered by TCPDF (www.tcpdf.org) Page 4 of 4 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 August 06, 2021 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: 04EN1000-2021-SLI-0847 Event Code: 04EN1000-2021-E-01976 Project Name: 1201 - Black Mountain Home for Children Subject:List of threatened and endangered species that may occur in your proposed project location 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 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. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   2    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:// www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdIssues/Hazards/ towers/comtow.html. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   3    ▪ ▪ ▪ 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 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   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 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   2    Project Summary Consultation Code:04EN1000-2021-SLI-0847 Event Code:04EN1000-2021-E-01976 Project Name:1201 - Black Mountain Home for Children Project Type:TRANSPORTATION Project Description:Linear transportation project to include the construction of a new residential access road. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.620970400000004,-82.38001897348425,14z Counties:Buncombe County, North Carolina DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   3    1. Endangered Species Act Species There is a total of 7 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. 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 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 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Similarity of Appearance (Threatened) Clams NAME STATUS Appalachian Elktoe Alasmidonta raveneliana There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5039 Endangered 1 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   4    Flowering Plants NAME STATUS Mountain Sweet Pitcher-plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 Endangered Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1728 Threatened 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. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   1    1. 2. 3. 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. The Migratory Birds Treaty Act of 1918. The Bald and Golden Eagle Protection Act of 1940. 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 Bobolink Dolichonyx oryzivorus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 20 to Jul 31 1 2 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   2    1. NAME BREEDING SEASON 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 Cerulean Warbler Dendroica cerulea This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/2974 Breeds Apr 27 to Jul 20 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Apr 20 to Aug 20 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 Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Sep 10 Rusty Blackbird Euphagus carolinus This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA Breeds elsewhere 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: 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 DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   3    2. 3. no data survey effort breeding season probability of presence was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 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. 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 () 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 Bobolink BCC Rangewide (CON) Canada Warbler BCC Rangewide (CON) Cerulean Warbler DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   4    ▪ ▪ ▪ BCC Rangewide (CON) Kentucky Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Rusty Blackbird BCC - BCR 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. 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 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. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   5    1. 2. 3. 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 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: "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); "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and "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). DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   6    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 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. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 08/06/2021 Event Code: 04EN1000-2021-E-01976   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. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Appendix C: Photolog DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Photo 1. Proposed road follows existing trail. Green flags represent approximate centerline. Photo 2. Typical view of wetland A (WA) DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 . Photo 3. Stream C (SC). View of SC at western parcel boundary. Photo 4. Wetland B (WB). View of WB abutting section of SB. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4 Photo 5. Stream B (SB). Typical view of SB with dense Rhododendron. DocuSign Envelope ID: 3D132FB1-E9FC-4F78-90E4-73CFFDF7EAF4