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HomeMy WebLinkAbout20070721 Ver 2_Modification Request_20211115Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* Version* 2 20070721 Is this project a public transportation project?* Yes • No Reviewer List: * Kaylie Yankura:eads\kyankura Select Reviewing Office: * Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information Name: Tyson Kurtz Who is submitting the information? Email Address: tson@cwenv.com Project Information Existing ID #: Existing Version: 20070721 2 20170001(no dashes) 1 Project Name: North Fork Reservoir Dredging Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Henderson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document N Fork Reservoir NWP 3 Application 11.15.21 - 8.48MB Signed.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: PCN application for a NWP 3 and associated written Water Quality Certification. A copy will be emailed to USFWS and NCWRC. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in automatically. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 CLearWaLer An EnviroScience Company ClearWater Environmental Consultants, Inc. www.cwenv.com November 15, 2021 Mr. David Brown Mr. Paul Wcjoski 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: North Fork Reservoir Dredging (+/- 4.2 Acres) (Action ID: SAW-2007-01921-345) (DWR Project No. 20070721 v2) Nationwide Permit 3 Application Henderson County, North Carolina Dear Mr. Brown and Mr. Wojoski, The attached Pre -Construction Notification (PCN) is being submitted on behalf of the property leaseholder: City of Hendersonville. The project is located at the North Fork Mills River Reservoir in Pisgah National Forest. The City is seeking a Nationwide Permit 3 for maintenance dredging of the reservoir to remove accumulated sediment within the vicinity of the raw water intake pipe used for the municipal water supply. 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 with the NC Wildlife Resources Commission, Byron Hamstead of the US Fish and Wildlife Service, and Ms. Kaylie Yankura at NCDEQ Division of Water Quality. Asheville Regional Office. Sincerely, DocuSigned by: DocuSigned by: T7su, Kv , (Z. f_�u A iZ�dd�c 8BE1DDE05B634F5... 0A79F7DC85EE4F7... Tyson Kurtz R. Clement Riddle, P.W.S. Biologist Senior Scientist Copy issued: Kaylie Yankura - NCDEQ — Division of Water Resources (Asheville Regional Office) NC Wildlife Resources Commission —Andrea Leslie US Fish and Wildlife Service — Byron Hamstead 145 7' Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Preliminary Data Entry Fields for New Actions SAW — 2007 - 1921345 1. Project Name: North Fork Reservoir Dredging 2. Work Type: Private ❑ Institutional ❑ Government Commercial ❑ 3. Project Description / Purpose: NWP 3 application for maintenance dredging of the North Fork Reservoir that is leased from the US Forest Service by the City of Hendersonville to use as a raw water source. 4. Property Owner /Applicant: City of Hendersonville; attn: John Connet 5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company 6. Related Action ID Number(s): SAW-2007-01921-345 7. Project Location - Coordinates, Street Address, and/or Location Description: The project site is located at the confluence of Fletcher Creek and Big Creek in Pisgah National Forest, in Mills River, North Carolina. 35.419460,-82.675477 8. Project Location - Tax Parcel ID: 9612258290 9. Project Location —County: Henderson 10. Project Location — Nearest Municipality or Town : Mills River 11. Project Information — Nearest Waterbody: North Fork Mills River (Hendersonville Reservoir) 12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105 Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑ Regulatory Action Type: ❑Standard Permit ✓ Nationwide Permit # 3 ❑ Regional General Permit # ❑ Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20210513 H DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 -.--Parcel ReDOrt Thursday, October 1, 2020 REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 9933757 PISGAH NATIONAL FOREST RESEARCH ADDRESS 5119 N MILLS RIVER RD 00001A/00127 1988-05-19 00:02:00.0 0 R3,R4,Cities a6Ye7G1:1►/GTA Ito] ►/G10Ile] 0:619 9612.00 18224.79000000 $0.00 $136,685,900.00 $136,685,900.00 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F:(828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District 9612258290 NO FIRE DISTRICT Not Available MILLS RIVER RUGBY MIDDLE WEST HIGH Evard-Cowee complex, 15 to 30 percent slopes, stony None Found THIS IS NOT A SURVEY. All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the userM-S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 From: lase rfiche(a)ncdenr.aov To: Tyson Kurtz Subject: Pre -Filing Meeting Request Acknowledgement - North Fork Reservoir Dredging - 20070721 Ver 2 Date: Friday, October 02, 2020 7:58:28 AM Attachments: DWR Pre -Filing Meeting Reauest Form.ndf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for North Fork Reservoir Dredging that you submitted on 9/29/2020. The ID number for that project is 20070721, Version 2. Reviewer Contact Information: Reviewer: Kaylie Yankura Email: kaylie.yankura@ncdenr.gov Reviewing Office: Asheville Regional Office - (828) 296-4500 You will either be contacted by staff to set up a meeting or notified by email that the 30 calendar day clock has been reached and you are allowed to submit your application. This email was automatically generated by Laser -fiche workflow. Please do not respond to this email address, as responses are not monitored. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 y�n� W R rE�gp O Y 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 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X 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 ❑X No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: North Fork Reservoir 2b. County: Henderson 2c. Nearest municipality / town: Mills River 2d. Subdivision name: USFS North Mills River Recreation Area 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: US Forest Service - Pisgah National Forest 3b. Deed Book and Page No. 00001A/00127 3c. Responsible Party (for LLC if applicable): n/a 3d. Street address: 5119 N Mills River Road 3e. City, state, zip: Mills River, NC 28759 3f. Telephone no.: 828-257-4200 3g. Fax no.: n/a 3h. Email address: n/a Page 1 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: John Connet 4c. Business name (if applicable): City of Hendersonville 4d. Street address: 145 Fifth Ave E. 4e. City, state, zip: Hendersonville, NC 28792 4f. Telephone no.: 828-233-3201 4g. Fax no.: n/a 4h. Email address: jconnet@hvinc.gov 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, an EnviroScience Company 5c. Street address: 145 7th Avenue W; Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 898-698-9800 5f. Fax no.: n/a 5g. Email address: tyson@cwenv.com Page 2 of 10 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9612258290 1 b. Site coordinates (in decimal degrees): Latitude: 35.41946 Longitude:-82.675477 1 c. Property size: 4.2 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: North Fork Mills River (Hendersonville Reservoir) 2b. Water Quality Classification of nearest receiving water: WS-I;HQW 2c. River basin: French Broad / 06010105 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: The North Fork Reservoir is located within the Pisgah National Forest. The concrete dam was constructed in 1927 at the confluence of Big Creek and Fletcher Creek. The intake in the reservoir is used by the City of Hendersonville as a raw water source for the water treatment plant located in Mills River, NC. The area around the reservoir is forested with a sparse network of gravel roads used for recreation access and US Forest Service activities. 3b. List the total estimated acreage of all existing wetlands on the property: 0.105 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,056 3d. Explain the purpose of the proposed project: See Additional Information following the PCN form. 3e. Describe the overall project in detail, including the type of equipment to be used: See Additional Information following the PCN form. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / roject (includin all rior hases) in the ast? ❑ Yes 0 No ❑ Unknown Comments: project and disposal sites were delineated (App. Q. 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? 0 Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. See Additional Information following the PCN form. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams — tributaries ❑ Buffers ❑X 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 I' Excavation Non -Tidal Freshwater Marsh No Corps 0.007 W2 P Excavation Non -Tidal Freshwater Marsh No Corps 0.031 W3 P Excavation Non -Tidal Freshwater Marsh No Corps 0.036 W4 I' Excavation Non -Tidal Freshwater Marsh No Corps 0.002 W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.076 2h. Comments: W1-W4 are impacts to recently developed wetlands that have formed on accumulated sediments behind the dam. To obtain maximum capacity in the reservoir from the proposed dredging operations, W1-W4 are necessary. 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 Choose one S2 Choose one S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: Page 4 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 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 indivi ually 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 T Hendersonville Reservoir Dredging Lake 0.618 O2 Choose one Choose O3 Choose one Choose O4 Choose one Choose 4f. Total open water impacts 0.618 4g. Comments: relates to clewatering ot the reservoir to tacilitate dredging operations. U1 is the limits ot dredging t at will occur in two phases. See Figures 4-6 for details. 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 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 miti ation, 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 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Additional Information following the PCN form. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Additional Information following the PCN form. 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 ❑X 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 El 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: Choose one Type: Choose one Type: Choose one 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: Choose one 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. Page 6 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 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 ❑X 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: Page 7 of 10 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. 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? 0% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ❑X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project will not result in new impervious surfaces. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: n/a 2e. Who will be responsible for the review of the Stormwater Management Plan? n/a 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Henderson County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑X Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been El Yes 0 No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 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 Page 8 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑X Yes ❑ No use of public (federal/state) land? 1 b. 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 El Yes 0 No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. 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 ❑ Yes ❑ No letter.) See Appendix F for the USFS SF-299 review letter. No NEPA/SEPA required for this Comments: maintenance project. 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, ❑Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑ Yes 0 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 El Yes 0 No additional development, which could impact nearby downstream water quality? 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. This routine maintenance dredging project would not result in additional impacts that could impact downstream water quality. 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. No wastewater will be generated by the proposed project. Page 9 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 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? See Additional Information following the PCN form. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 2/17/2021 at https://www.habitat.noaa.gov/protection/efh/efhmapper/. 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 ❑X Yes ❑ No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See Additional Information following the PCN form. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA's National Flood Hazard Layer Viewer; FIRM Panel: 3700869200J (Eff. 10/2/2008). See Figure 7. DocuSigned by: 2. U� 2idd�c 11/15/2021 OA79F7DC85EE4F7... Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 PCN Form Additional Information Section B.3d Project Information — Project Purpose The North Fork Reservoir is a concrete dam with an upstream reservoir located within Pisgah National Forest and is used as a source of raw water for the City of Hendersonville's water treatment plant (WTP) located in Mills River, NC. The City of Hendersonville currently has a Special Use Permit (see Appendix A) with the National Forest Service to operate the reservoir until 2032. The City is requesting approval to conduct maintenance dredging and gate valve repairs, if needed, for the existing reservoir and intake facility. Once the dredging is completed and dredged material is disposed of at the off -site disposal location, the Sediment Release Plan (Appendix B) is proposed for implementation. The Sediment Release Plan would allow for a "de minimus" amount of sediment to be passed through the gate valve which would reduce the frequency of maintenance dredging of the reservoir and supply a natural amount of sediment load to waters downstream from the dam. The North Fork Reservoir provides water supply for more than 70,000 residents and businesses. Maximizing the capacity of the reservoir reduces suspended solids at the intake screens and allows the City to continue to provide high quality potable water to the public. The higher quality and less suspended solids reduce the treatment costs required at the water treatment plant. Based on the calculated rate of sediment accumulation behind the dam (400 cubic yards per year), within 5 years the reservoir would be filled with sediment, if no action were to be taken. When the reservoir fills up, future storm events would likely result in large amounts of sediment going over the dam into the downstream waters. Additionally, the resources required to treat the water at the water treatment facility would continue to increase if proper maintenance of the reservoir and gate valve is not permitted. Section B.3e Project Information — Project Details The project will encompass two phases of dredging excess sediment from the reservoir thus increasing the water storage capacity behind the dam. This reservoir was last dredged in 2007 using hydrodredge equipment. The hydrodredge was supposed to provide sufficient storage for 10 years. Approximately 5,700 cubic yards of sediment have accumulated in the reservoir since the last dredging operation. The dredging operation will be separated into two phases (See Figures 6.1-6.5). A two-phase design is intended to minimize sediment impacts and maintain adequate flow to the WTP and downstream of the dam. The bottom gate valve will remain closed during both dredging phases. Prior to dredging, the water level in the reservoir will be lowered approximately 9ft. All dewatering will be from the reservoir will be done from the surface with a temporary siphon (water released over the dam) or through the intake pipe to the WTP. Sufficient flow to the intake pipe will be maintained for normal operation at the plant. The rate of water released through the dam during the dredging operation will be a minimum of 8 cubic feet per second to comply with the minimum standards set by the US Forest Service. Upon drawing down the water level, aquatic organisms (fish, salamanders, etc.) will be caught and released upstream or downstream of the reservoir. Phase I involves excavation and sediment removal from the Big Creek side of the reservoir. A temporary access ramp and stream crossing (over Fletcher Creek) will be installed to allow equipment access to the Phase I dredging area. Big Creek will be temporarily diverted into a lined channel, around the work area, to avoid sediment from the work area to entering the stream flow. City of Hendersonville will review and approve the completion of Phase I before starting Phase II. Once approved, the temporary crossing over Fletcher Creek, the diversion channel for Big Creek, and a portion of access ramp will be removed. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Phase II of dredging will occur within the Fletcher Creek side of the reservoir. The remaining portion of the access ramp installed in Phase I will be used for equipment access to the Phase II dredging area. Fletcher Creek will be temporarily diverted into a lined channel, around the work around, to avoid sediment from the work area to enter the stream flow. The City of Hendersonville will review and approve the completion of Phase II before removal of the temporary diversion channel, access ramp, siphon, and turbidity curtain. The dredge material from both phases (approximately 7,500 cubic yards) will be hauled by dump truck convoy to the disposal site behind the Hendersonville WTP in Mills River (outside of the US Forest Service Boundary). The approximately 8.5-mile-long route is shown on Figure 4.1. The disposal area is comprised entirely of uplands (Appendix Q. 0.076 acres of recently developed wetlands are anticipated to be excavated during the dredging operation. These wetlands have formed from accumulated sediment rising above the water's surface and being colonized by hydrophytic vegetation. To adequately dredge the reservoir, these newly formed wetlands will need to be dredged. The upland project boundary will utilize silt fencing and wattles to minimize sediment runoff from the equipment and vehicle tracks. Figure 6.1-6.3 shows the proposed locations of erosion and sediment control measures. The gate valve for the dam will be inspected upon draw down. The City will have an engineer on -site during the dewatering process to immediately inspect the condition of the existing gate valve and will oversee maintenance if needed. The gate valve will be controlled with both manual and remote electronic mechanisms that will default to the closed position in case of power failure to avoid any potential catastrophic sediment release. The time period required to complete this project is approximately 6 months. • 14 days for mobilization and site preparation (March 2022) • 5 months for dredging, valve maintenance, and disposal (weather dependent) (April 15-October 15, 2022) • 12 days for de -mobilization (October -November 2022) Typical earth -moving and dredging equipment will be used (i.e. backhoe, excavator, single axle dump truck, etc.). Upon completion of the dredging activities, a continuous bottom -release sediment discharge program (Appendix B) is proposed to help increase the maintenance dredging interval and mimic more natural sediment transport downstream of the dam. During baseflow, the outlet pipe gate valve will be open at least 5.2 inches to maintain the required 8 CFS discharge to the receiving waters. The gate valve will be fully opened during rainfall events greater than 1 inch to maximize the discharge of bottom water and sediment. During rain events, surface water may flow over the dam. The proposed USFS maintenance plan for this project is included in Appendix D. The complete dredging plan sequence is provided in detail on Figure 6.5. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Section B.Sb — Project History A Nationwide Permit 16 and 18 (Action ID: 2007-01921-345) was issued July 11, 2007 and a General Water Quality Certification Number 3629 (GC3629) (DWQ Project # 07-0721) was issued August 2, 2007 for dredging operations at the reservoir. See Appendix E for previous permits. Section D.1 a —Avoidance and Minimization - Design Conducting the maintenance dredging work in two phases will allow for Fletcher Creek and Big Creek to be diverted around the active dredging area, which will minimize the amount of sediment transported downstream. The maintenance dredging plan avoids heavy machinery entering live water courses. The bottom gate valve will remain closed during the dredging operations. Wetland impacts WI-W4 are needed to maximize the capacity of the reservoir, as they have formed on accumulated sediments in the reservoir. Approximately 0.029 acres of wetland (28% of wetlands) along the periphery of the reservoir will be avoided by the selected design. Section D.Ib —Avoidance and Minimization — Construction Techniques All construction impacts will be temporary except for dredging. A siphon will be used to lower the surface water elevation (from the top down) in the reservoir approximately 9 feet before dredging begins. In Phase I, dredging equipment will cross over Fletcher Creek via temporary access ramp. Big Creek will be diverted into a lined channel along the southern edge of the reservoir to allow for dredging to occur outside of a live watercourse. Once Phase I is complete Big Creek will be removed from the lined channel and Fletcher Creek will be diverted into a lined channel to allow access to the Phase II dredging area. Upon completion of dredging the Fletcher Creek side of the reservoir all diversion channels, siphons, and access ramp will be removed. Proper erosion and sediment control measures will be utilized within the uplands limits of disturbance to avoid unintended water quality impacts to downstream waters. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Section F.Sd — Endangered Species An official species list was obtained through the US Fish and Wildlife Service (USFWS) Information and Planning and Consultation (IPaC) on November 9, 2021. This species list provides existing data concerning the presence or potential occurrence of threatened or endangered species in the defined project boundary (Appendix G). The USFWS lists nine federally threatened and endangered species, including the bog turtle (threatened due to similar appearance), as occurring or potentially occurring in the project boundary. A second official species list was obtained through the IPaC process for the disposal site and the same nine species were listed; therefore, the second list was not included in Appendix G. Table 1. USFWS IPaC generated Official Species List for federally protected species listed as potentially occurring within the project boundaries. Common Name Scientific Name Status Appalachian elktoe Alasmidonta raveneliana Endangered Bog turtle Glyptemys muhlenbergii Threatened (S/A) 2 Bunched arrowhead Sagittaria fasciculata Endangered Gray bat Myotis grisescens Endangered Mountain sweet pitcher plant Sarracenia rubra ssp. jonesii Endangered Northern long-eared bat Myotis septentrionalis Threatened Small whorled pogonia Isotria medeoloides Threatened Swamp pink Helonia bullata Threatened White irisette Sisyrinchium dichotomum Endangered 2 - Not subject to ESA Section 7 Consultation CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Henderson County. The project site and disposal area are greater than 10 miles from a HUC listed as having known occurrences of hibernation or maternity sites. No tree clearing is proposed at the project or disposal sites. It is the opinion of CEC that the project would have "no effect" on the northern long-eared bat. No naturally occurring suitable habitat (caves) for the gray bat were observed within the project or disposal site. It is of the opinion of CEC that this project is not likely to adversely affect the gray bat. No tree clearing is proposed at the project or disposal site. The wetlands recently formed within the reservoir are composed of course sandy substrate and have been colonized by early successional wetland plant species. These wetlands are not considered potentially suitable habitat for bog turtle, mountain sweet pitcher -plant, bunched arrowhead and swamp pink. No individuals of the Sarracenia, Sagittaria, or Helonia genus were observed within the wetlands on site. The northern population of the bog turtle is not present in North Carolina. No streams or wetlands are located within the disposal site; therefore, suitable habitat for Appalachian elktoe, bog turtle, mountain sweet pitcher -plant, and swamp pink is not present. The N. Fork Reservoir is near capacity within excessive accumulated sediments and is not considered potentially suitable habitat for the Appalachian elktoe. The waters downstream of the dam (N. Fork Mills River) is considered potentially suitable habitat for Appalachian Elktoe but is not proposed to be impacted by the proposed project. It is of the Opinion of CEC that the project is not likely to adversely affect the Appalachian Elktoe. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Potentially suitable habitat for white irisette and small whorled pogonia was not observed within the project site or disposal area. The project site contains only the reservoir and a short section of the existing gravel access road. The disposal site is primarily bare ground and contained a small stand of trees with a dense understory composed primarily on non-native species at the time of the delineation. The stand of trees was cleared in the spring of 2021 to make room for additional maintenance activities. A review of the NC Natural Heritage Program database on October 1, 2020 indicates no occurrences of federally protected species occurring within a one -mile radius of the dredging site boundary. A review of the NC Natural Heritage Program database on November 9, 2021 indicates no occurrences of federally protected species occurring within the disposal site boundary. It is the opinion of CEC that this project is not likely to adversely affect any of the nine species listed by USFW as potentially occurring within the project or disposal sites. Section F. 7b. Historic or Prehistoric Cultural Resources The North Fork Dam (Site ID: HN1365; Status: DOE) is part of the subject project. Aside from maintenance to the dam's gate valve, if needed, no structural changes are proposed to the dam itself. Maintenance dredging will take place upstream of the dam and care will be taken to avoid damaging the dam during dredging operations. Routine maintenance dredging behind dams should be anticipated for all dams, regardless of their potential historic nature. The next nearest potential historic site is approximately 2 miles away. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed 2/17/2021. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging Smokay Park Hwy Apprx. Project Site Location 0 0 , ar F 1 iJ� tit � r" a r a ■� t . U I Y• t I b r*O°P �a■f R p I I Fletcher a s 1's'Or 7! 0� Se a, is ■r'� Apprx. Disposal A Bu"°'a.Id`�•�.' 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This permit covers 16.86 acres or .03 miles in the , ("the permit area"), as shown on the map attached as Appendix A. This permit issued for the purpose of: Reservoirs (2), Dams (2) and Pipeline for Municipal Water Supply, Henderson County. TERMS AND CONDITIONS I. GENERAL TERMS A. AUTHORITY. This permit is issued pursuant to the FederalLand Policy and Mgmt Act, as amended October 21, 1976and 36 CFR Part 251, Subpart B, as amended, and is subject to their provisions. B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor or a subordinate officer with delegated authority. C. TERM. This permit shall expire at midnight on 12/3112032, approximately 20 years from the date of issuance. D. RENEWAL. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a new permit that would renew the use and occupancy authorized by this permit. Applications for a new permit must be submitted at least 6 months prior to expiration of this permit. Renewal of the use and occupancy authorized by this permit shall be at the sole discretion of the authorized officer. At a minimum, before renewing the use and occupancy authorized by this permit, the authorized officer shall require that (1) the use and occupancy to be authorized by the new permit is consistent with the standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by the new permit is the same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance with all the terms of this permit. The authorized officer may prescribe new terms and conditions when a new permit is issued. E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the authorized officer, such action is deemed necessary or desirable to incorporate new terms that may be required by law, regulation, directive, the applicable forest land and resource management plan, or projects and activities implementing a land management plan pursuant to 36 CFR Part 215. F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility for enforcing laws, regulations, and other legal requirements that fail under the jurisdiction of other governmental entities. G. NON-EXCLUSIVE USE. The use or occupancy authorized by this permit is not exclusive. The Forest Service reserves the right of access to the permit area, including a continuing right of physical entry to the permit area for inspection, monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation. The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 H. ASSIGNABILITY. This permit is not assignable or transferable. TN Ili I;J:%1T1=1i',1:1ZW A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility or to conduct any activity, unless specifically authorized by this permit. Any use not specifically authorized by this permit must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal through issuance of a new permit or permit amendment is at the sole discretion of the authorized officer. B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the permit area, as well as revisions to those plans must be prepared by a professional engineer, architect, landscape architect, or other qualified professional based on federal employment standards acceptable to the authorized officer. These plans and plan revisions must have written approval from the authorized officer before they are implemented. The authorized officer may require the holder to furnish as -built plans, maps, or surveys upon completion of the work. B. CONSTRUCTION. Any construction authorized by this permit shall commence by NIA and shall be completed by NIA. III. OPERATIONS. A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least 365 days each year. B. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit area to standards of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other provisions of this permit. Standards are subject to periodic change by the authorized officer when deemed necessary to meet statutory, regulatory, or policy requirements or to protect national forest resources. The holder shall comply with inspection requirements deemed appropriate by the authorized officer. C. INSPECTION BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the right to inspect the permit area and transmission facilities at any time for compliance with the terms of this permit. The holder's obligations under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or transmission facilities. A failure by the Forest Service or other governmental officials to inspect is not a justification for noncompliance with any of the terms and conditions of this permit. IV. RIGHTS AND LIABILITIES A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the procedures set forth in 36 CFR Part 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real property, and may not be used as collateral for a loan. B. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights. Valid outstanding rights include those derived under mining and mineral leasing laws of the United States. The United States is not liable to the holder for the exercise of any such right. C. ABSENCE OF THIRD -PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on any third party as a beneficiary under this permit. D. SERVICES NOT PROVIDED. This permit does not provide for the fumishing of road or trail maintenance, water, fire protection, search and rescue, or any other such service by a government agency, utility, association, or individual. E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit area, including but not limited to theft, vandalism, fire and any fire -fighting activities (including prescribed burns), avalanches, rising waters, winds, falling limbs or trees, and other forces of nature. If authorized temporary improvements in the permit area are destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed, the permit shall terminate. F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land, property, and other interests of the United States. Damage includes but is not limited to fire suppression costs, damage to government -owned improvements covered by this permit, and all costs and damages associated with or resulting from the DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 2. Except with respect to any federally permitted release as that term is defined under Section 101(10) of CERCLA, 42 U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release, or discharge of hazardous materials that occurs either in the permit area or in connection with the holder's activities in the permit area, regardless of whether those activities are authorized under this permit. The holder shall perform cleanup or remediation immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall perform the cleanup or remediation to the satisfaction of the authorized officer and at no expense to the United States. Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service free and clear of contamination. I. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores hazardous materials at the site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a professional or professionals acceptable to the Forest Service that the permit area is uncontaminated by the presence of hazardous materials and that there has not been a release or discharge of hazardous materials upon the permit area, into surface water at or near the permit area, or into groundwater below the permit area during the term of the permit. This certification requirement may be waived by the authorized officer when the Forest Service determines that the risks posed by the hazardous material are minimal. If a release or discharge has occurred, the professional or professionals shall document and certify that the release or discharge has been fully remediated and that the permit area is in compliance with all federal, state, and local laws and regulations. VI. LAND USE FEE AND ACCOUNTING ISSUES A. LAND USE FEES. The holder shall pay an initial annual land use fee of $4922.02for the periodfrom01/01/2013to 12/31/2013and thereafter onvearly basis, shall pay an annual land use fee of $4922.02. The annual land use fee shall be adjusted annually using thelmplicit Price Deflator -Gross National Product index (IPD-GNP), or other factor selected by the Forest Service. B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market value of the authorized use or occupancy or when the fee system used to calculate the land use fee is modified or replaced. C. FEE PAYMENT ISSUES. 1. Crediting of Payments. Payments shall be credited on the date received by the deposit facility, except that if a payment is received on a non -workday, the payment shall not be credited until the next workday. 2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full. Adjustments will be made if dictated by an administrative appeal decision, a court decision, or settlement terms. 3. Late Pavments (a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid within 30 days from the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the current value of funds to the Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual Bulletins. Interest on the principal shall accrue from the date the fee amount is due. (b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the delinquency shall be assessed. (c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and shall accrue from the same date on which interest charges begin to accrue. (d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and opportunity to comply when any permit fee payment is 90 calendar days from the due date in arrears. The holder shall remain responsible for the delinquent fees. 4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with the permit shall be subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law. Delinquencies are subject to any or all of the following: DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 (a) Administrative offset of payments due the holder from the Forest Service. (b) If in excess of 60 days, referral to the Department of the Treasury for appropriate collection action as provided by 31 U.S.C. 3711(g)(1). (c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C. 3720 et seq. (d) Disclosure to consumer or commercial credit reporting agencies. VII. REVOCATION, SUSPENSION, AND TERMINATION A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in part: 1. For noncompliance with federal, state, or local law. 2. For noncompliance with the terms of this permit. 3. For abandonment or other failure of the holder to exercise the privileges granted. 4. With the consent of the holder. 5. For specific and compelling reasons in the public interest. Prior to revocation or suspension, other than immediate suspension under clause VI.B, the authorized officer shall give the holder written notice of the grounds for revocation or suspension. In the case of revocation or suspension based on clause VII.A.1, 2, or 3, the authorized officer shall give the holder a reasonable time, typically not to exceed 90 days, to cure any noncompliance. B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when necessary to protect public health or safety or the environment. The suspension decision shall be in writing. The holder may request an on -site review with the authorized officer's supervisor of the adverse conditions prompting the suspension The authorized officer's supervisor shall grant this request within 48 hours. Following the on -site review, the authorized officer's supervisor shall promptly affirm, modify, or cancel the suspension. C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of this permit are subject to administrative appeal pursuant to 36 CFR Part 251, Subpart C, as amended. Revocation or suspension of this permit shall not give rise to any claim for damages by the holder against the Forest Service. D. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on a specified date and termination upon change of control of the business entity. Termination of this permit shall not require notice, a decision document, or any environmental analysis or other documentation. Termination of this permit is not subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service. E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT RENEWAL. Upon revocation or termination of this permit without renewal of the authorized use, the holder shall remove all structures and improvements, except those owned by the United States, within a reasonable period prescribed by the authorized officer and shall restore the site to the satisfaction of the authorized officer. If the holder fails to remove all structures and improvements within the prescribed period, they shall become the property of the United States and may be sold, destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site. Vill. MISCELLANEOUS PROVISIONS A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current mailing addresses, including those necessary for billing and payment of land use fees. C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated City of Hendersonville, PIS102101, dated 03/30/1992. D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following clauses, the preceding printed clauses shall control. E. DAM SAFETY. 1. Definitions. The following definitions apply to this clause: Canal. A linear water conveyance structure of varying capacity that is usually lined and that is constructed to specified engineering standards. Dam. Any artificial barrier, including appurtenant works, that impounds or diverts water, either temporarily or long term, but not including a facility that is 6 feet or less in height or that impounds no more than 15 acre feet of water, unless the facility poses a significant hazard to occupied facilities, structures, recreation areas, or travel routes downstream. Dam Failure. The catastrophic breakdown or breach of a dam characterized by the sudden, rapid, and uncontrolled release of water. Emergency Action Plan. A document that identifies potential emergency conditions at a dam and specifies preplanned actions to be followed to minimize property damage and loss of life should a dam failure occur, including: a. Actions the owner of the dam must take to moderate or alleviate problems at the dam; b. Procedures and information regarding issuance of early warning and notification of an emergency to responsible emergency management authorities; and c. Inundation maps displaying critical areas for action by responsible emergency management authorities in case of an emergency (see FEMA Publication 64). 2. Hazard Assessment Classification. A system that categorizes dams according to the severity of consequences resulting from their failure or misoperation and that in no way reflects on their current condition (for example, their safety, structural integrity, or flood routing capacity). a. Low. A classification that includes dams whose failure, malfunction, or misoperation would result in no loss of human life and minor damages limited to undeveloped or agricultural lands and for which significant improvements are not planned in the foreseeable future. b. Significant. A classification that includes dams whose failure, malfunction, or misoperation would result in no probable loss of human life but could cause economic loss, disruption of lifeline facilities, or other significant impacts and dams whose failure would result in non -recoverable damage. c. High. A classification that includes dams whose failure, malfunction, or misoperation would likely result in loss of human life. 3. Construction, Inspection. Certification, and Project Files. The holder shall ensure that any construction, rehabilitation, or modification of the authorized dam shall be inspected by a qualified engineer. At a minimum, the qualified engineer shall maintain a daily inspection diary, descriptions of design changes, and records of construction material and foundation tests for any construction, rehabilitation, or modification of the dam. Upon completion of the construction, rehabilitation, modification, the holder shall provide to the authorized officer written certification from the qualified engineer that the work was performed in accordance with the approved plans and specifications. No water shall be impounded without prior written approval from the authorized officer. The holder shall maintain in a project file for the term of this permit all design notes, as -built drawings, and documentation produced by the qualified engineer and shall make the project file available to the Forest Service, other inspection personnel, and other Federal agencies authorized to review Forest Service activities. 4. Operating Plan. Ian. This clause supplements the standard operating plan clause in the permit. The operating plan for a new dam shall be prepared during the design phase. At a minimum, the operating plan shall specify required operating DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 procedures; routine maintenance; record -keeping for operation and maintenance; and those responsible for implementing the operating plan. When an operation and maintenance inspection of the dam is conducted, the operating plan shall be reviewed and amended as needed by those responsible for implementing the operating plan and the qualified engineer performing the inspection. 5. Emergency Action Plan. The holder shall prepare an emergency action plan (EAP). The EAP for new dams shall be prepared during the design phase. The EAP and any revisions to the EAP must have prior written approval from the authorized officer. At a minimum, the EAP shall include: a. Actions to be taken upon discovery of an unsafe condition or impending dam failure to prevent, mitigate, or delay dam failure. b. Procedures for notification of law enforcement, civil preparedness, and Forest Service personnel of impending dam failure. c. Procedures for notifying persons in immediate danger of losing life or property due to dam failure. d. Maps delineating the area that would be inundated by water or debris in the event of dam failure. e. The names; home, office, and cellular telephone numbers; and email addresses of those responsible for implementing the EAP. In preparing the EAP, the holder shall consult and cooperate with appropriate law enforcement and civil preparedness personnel responsible for implementing the EAP. The holder shall be responsible for all aspects of implementing the EAP, including emergency coordination. The holder shall review the EAP annually and shall update it annually as necessary or appropriate based on that review. The holder shall test the EAP at least every 5 years. 6. Inspection and Maintenance. The holder shall have operation and maintenance (O&M) inspections of the dam and appurtenant structures conducted in accordance with the following table. nAM INSPECTION Hazard Assessment Classification Inspection Type Inspection Frequency Level of Expertise Required LOW O&M 10 years Qualified Engineer Hazard Assessment 10 years* Qualified Engineer Special ** Qualified Engineer SIGNIFICANT O&M 5 years Qualified Engineer Hazard Assessment 5 years* Qualified Engineer Special * * Qualified Engineer HIGH O&M 1 year Qualified Engineer Safety 5 year Qualified Engineer Special ** Qualified Engineer, ` Perform hazard assessments more frequently if increased downstream development is observed. "* A special inspection must be performed by a qualified engineer. "** A qualified engineer must review and approve in writing the annual O&M inspection reports for dams with a high hazard assessment classification. At a minimum, the annual on -site inspection must be completed by someone familiar with the operation of the dam. O&M inspections shall be reviewed by a qualified engineer. Special inspections shall be performed by a qualified engineer immediately after any dam has experienced an unusual event, such as a large flood, a first filling, an earthquake, or an act of terrorism. All O&M inspections shall be documented in a report. Two copies of each inspection report shall be provided to the authorized officer within 30 days of the date of inspection. Repairs or operational changes recommended by the inspecting or reviewing engineer shall be made by the holder within 1 year from the date of inspection, unless a longer period is approved by the authorized officer in writing or a shorter period is deemed required by the authorized officer for reasons of public safety. Upon request by the authorized officer, DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 release or threatened release of a hazardous material occurring during or as a result of activities of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other interests covered by this permit. For purposes of clause IV.F and section V, "hazardous material" shall mean (a) any hazardous substance under section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under section 101(33) of CERCLA, 42 U.S.C. § 9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance, extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant, contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human health or the environment under any applicable environmental laws. 1. The holder shall avoid damaging or contaminating the environment, including but not limited to the soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's use or occupancy of the permit area. If the environment or any government property covered by this permit becomes damaged during the holder's use or occupancy of the permit area, the holder shall immediately repair the damage or replace the damaged items to the satisfaction of the authorized officer and at no expense to the United States. 2. The holder shall be liable for all injury, loss, or damage, including fire suppression, prevention and control of the spread of invasive species, or other costs in connection with rehabilitation or restoration of natural resources associated with the use or occupancy authorized by this permit. Compensation shall include but not be limited to the value of resources damaged or destroyed, the costs of restoration, cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative, legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond required under clause IV. 1. 3. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees to all roads and trails of the United States to the same extent as provided under clause W.F.1, except that liability shall not include reasonable and ordinary wear and tear G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall promptly abate as completely as possible and in compliance with all applicable laws and regulations any activity or condition arising out of or relating to the authorized use or occupancy that causes or threatens to cause a hazard to public health or the safety of the holder's employees or agents or harm to the environment (including areas of vegetation or timber, fish or other wildlife populations, their habitats, or any other natural resources). The holder shall prevent impacts to the environment and cultural resources by implementing actions identified in the operating plan to prevent establishment and spread of invasive species. The holder shall immediately notify the authorized officer of all serious accidents that occur in connection with such activities. The responsibility to protect the health and safety of all persons affected by the use or occupancy authorized by this permit is solely that of the holder. The Forest Service has no duty under the terms of this permit to inspect the permit area or operations and activities of the holder for hazardous conditions or compliance with health and safety standards. H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold harmless the United States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of the holder in connection with the use or occupancy authorized by this permit. This indemnification provision includes but is not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in connection with the use or occupancy authorized by this permit which result in (1) violations of any laws and regulations which are now or which may in the future become applicable, and including but not limited to those environmental laws listed in clause V.A of this permit; (2) judgments, claims, demands, penalties, or fees assessed against the United States; (3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any foram, or petroleum product into the environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification. V. RESOURCE PROTECTION A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use or occupancy authorized by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not limited to those established pursuant to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33 U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., CERCLA, as amended, 42 U.S.C. 9601 et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq. B. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct and when necessary shall contact the appropriate law enforcement officer. C. PESTICIDE USE. Pesticides may not be used outside of buildings to control undesirable woody and herbaceous vegetation (including aquatic plants), insects, rodents, fish, and other pests and weeds without prior written approval from the authorized officer. A request for approval of planned uses of pesticides shall be submitted annually by the holder on the due date established by the authorized officer. The report shall cover a 12-month period of planned use beginning 3 months after the reporting date. Information essential for review shall be provided in the form specified. Exceptions to this schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests or weeds require control measures that were not anticipated at the time an annual report was submitted. Only those materials registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered for use on National Forest System lands. Label instructions and all applicable laws and regulations shall be strictly followed in the application of pesticides and disposal of excess materials and containers. D. ARCHAEOLOGICAL -PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins, fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall leave these discoveries intact and in place until directed otherwise by the authorized officer. Protective and mitigative measures specified by the authorized officer shall be the responsibility of the holder. E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. In accordance with 25 U.S.C. 3002(d) and 43 CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall make a reasonable effort to protect and secure the items. The holder shall immediately notify the authorized officer by telephone of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation, if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects. F. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE SPECIES. The location of sites within the permit area needing special measures for protection of plants or animals listed as threatened or endangered under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 1531 et seq., as amended, or identified as sensitive or otherwise requiring special protection by the Regional Forester under Forest Service Manual (FSM) 2670, pursuant to consultation conducted under section 7 of the ESA, may be shown on the ground or on a separate map. The map shall be attached to this permit as an appendix. The holder shall take any protective and mitigative measures specified by the authorized officer. If protective and mitigative measures prove inadequate, if other sites within the permit area containing threatened, endangered, or sensitive species or species otherwise requiring special protection are discovered, or if new species are listed as threatened or endangered under the ESA or identified as sensitive or otherwise requiring special protection by the Regional Forester under the FSM, the authorized officer may specify additional protective and mitigative measures. Discovery of these sites by the holder or the Forest Service shall be promptly reported to the other party. G. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific type of materials to be stored, the volume, the type of storage, and a spill plan. Such terms shall be proposed by the holder and are subject to approval by the authorized officer. H. CLEANUP AND REMEDIATION 1. The holder shall immediately notify all appropriate response authorities, including the National Response Center and the authorized officer or the authorized officer's designated representative, of any oil discharge or of the release of a hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33 CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this requirement, "oil" is as defined by section 311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the authorized officer's designated representative of any release or threatened release of any hazardous material in or near the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on federal lands. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 the holder shall provide a plan outlining the methods and schedule for performing the repairs or operational changes and shall notify the authorized officer when they are completed. The authorized officer shall specify a completion date for the corrective work. 7. Forest Service Inspection. The holder shall allow inspection of the authorized dam and appurtenant structures at any time by the authorized officer or their representative. A copy of inspection reports prepared by the Forest Service shall be provided to the holder. Inspections performed by the Forest Service do not relieve the holder from any liability for the dam or of the responsibility of ensuring that inspections are conducted in accordance with paragraph 6 of this clause. Failure of the Forest Service to inspect shall not constitute a violation of any duty of the United States or a defense to noncompliance with any terms and conditions of this permit and shall not relieve the holder of any liability for damages in the event of a dam failure. 8-Safety Evaluations. Beginning in [year] and every 5 years thereafter, the holder shall have a dam safety evaluation performed by a professional engineer certified in the State in which the authorized dam is located to verify the safety and integrity of the dam and appurtenant structures. At a minimum, the dam safety evaluation shall include a detailed field inspection of the dam and appurtenant structures and a review of all pertinent documents, such as investigation, design, construction, instrumentation, operation, maintenance, and inspection records. The dam safety evaluation shall be based on current accepted design criteria and practices. The holder shall provide 2 copies of the dam safety evaluation report, stamped with the professional engineer's seal, to the authorized officer and Regional Engineer. Based on this report, the authorized officer may require the holder to perform additional evaluations pursuant to standards deemed appropriate by the authorized officer and may require rehabilitation or modification of the dam, as necessary or appropriate, within a reasonable period. 9.Corrective Action. Any condition of the authorized improvements that adversely affects or that could adversely affect operation of the authorized dam, safety of the dam or the public, or the surrounding lands and resources shall, upon written notice from the authorized officer, be corrected or modified by the holder at the holder's expense. The authorized officer shall specify a completion date for corrective work in the notice. 10.Forest Service's Right to Abate Emergencies. When the authorized officer determines that there is a danger of a failure for any reason of the authorized dam, the Forest Service has the right to take any actions deemed necessary to prevent or abate a dam failure, including lowering the level of impounded water by utilizing existing structures or by artificially breaching the dam. The United States shall not be liable to the holder for any loss or damage, including damage to the dam or loss of value of impounded water, associated with actions taken by the Forest Service under this clause. The holder shall indemnify, defend, and hold harmless the United States for all costs, including legal and court costs, associated with the Forest Service's exercise of its rights under this clause, other than costs attributed to the negligence of the United States or its officers, agents, or employees. Failure of the Forest Service to exercise its rights under this clause shall not constitute a violation of any duty of the United States or a defense to noncompliance with any terms and conditions of this permit and shall not relieve the holder of any liability for damages in the event of a dam failure. 11. Liability. bility. The holder and the holder's successors, agents, and assigns shall have sole responsibility for the safety of the authorized dam and appurtenant structures and any associated liability. F. SIGNS (X29).Signs or advertising devices erected on National Forest System lands shall have prior approval by the Forest Service as to location, design, size, color, and message. Erected signs shall be maintained or renewed as necessary to neat and presentable standards, as determined by the Forest Service. G. IMPROVEMENT RELOCATION (X33). This authorization is granted with the express understanding that should future location of United States Government -owned improvements or road rights -of -way require the relocation of the holder's improvements, such relocation will be done by, and at the expense of, the holder within a reasonable time as specified by the authorized officer. This permit is accepted subject to the conditions set out above. HOLDER: City of Hendersonville U.S. DEPARTMENT OF AGRICULTURE DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 By: (Holder Signature) (Holder Signature) Date: Forest Service By: (Authorized Officer Signature) Title:KRISTIN M. BAIL Forest Supervisor (Name and Title) Date: According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0082. The time required to complete this information collection is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877- 8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for information received by the Forest Service. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Appendix F : Sediment Release Plan DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 7 Samuel Ashe Drive, Asheville, NC 28805 1 919-600-4790 1 greg@jenningsenv@gmail.com Technical Study in Support of a Sediment Release Program for the North Fork Reservoir City of Hendersonville, NC March 9, 2021 This technical study was conducted in support of implementing a long-term sediment release program for the North Fork Reservoir located in the Pisgah National Forest near Mills River, North Carolina. The City of Hendersonville withdraws water from the reservoir constructed in the 1920s under a Special Use Permit authorized by the United States Forest Service as part of its potable water supply system serving a population of approximately 70,000. The permitted water intake from this reservoir ranges from 0.5 to 2.0 million gallons per day which is mixed with water from Bradley Creek and Mills River at the Water Treatment Plant in the Town of Mills River before being treated and delivered to customers. Under the current reservoir operation program, excess water flows over the weir outlet on top of the dam with no discharge from the bottom pipe outlet. The City must remove sediment accumulated from the watershed every 15 to 20 years in order to maintain reservoir capacity. The City proposes to implement a continuous bottom -discharge sediment release program to reduce the frequency of reservoir sediment removal operations in addition to enhancing downstream ecological conditions with more natural sediment transport and water temperatures. The results of this technical study will be used in communications with the United States Army Corps of Engineers in reference to Regulatory Guidance Letter No. 05-04 dated August 19, 2005 with the subject: "Guidance on the Discharge of Sediments From or Through a Dam and the Breaching of Dams, for Purposes of Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act of 1899." This guidance applies to the releases of water and water -carried sediment that may result in the transportation, reduction, or elimination of bottom sediment accumulations from or through dams. RGL No. 05-04 states on page 4 that "Activities that are not usually considered regulated discharges of dredged material and do not require DA permits include actions such as ... releases during times of high water or flood stages for purposes of passing flood waters through the dam; and the lowering of lake or pond levels that results in the release of only de minimis amounts of sediment." RGL No. 05-04 further states that "When evaluating whether any discharge is de minimis, ... factors in this consideration should include the time of year and normal seasonality of high volume flows, the size of incoming and outgoing Jennings Environmental PLLC is licensed with the North Carolina Board of Examiners for Engineers and Surveyors and is authorized to practice engineering under the provisions of Chapter 89C and 55B of the General Statutes of North Carolina. License Number P-1932. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 stream/river and the intended release volume, the natural hydrograph of the system, the speed of the drawdown, the normal amount of sediment in the watershed, and the potential for environmental harm." This report provides information on the factors listed above in two sections: 1. Hydrology and Sediment Modeling Analyses to estimate discharge and sediment release rates that simulate natural rates expected for a range of watershed flow return periods. 2. Management Plan for Sediment Release that specifies outlet pipe operations that achieve de minimis sediment impacts and provide cold -water bottom discharge through the dam. This section also includes the monitoring plan to identity any harmful downstream impacts related to excessive sediment accumulation. 1. Hydrology and Sediment Analyses Hydrology and sediment analyses were performed for the North Fork Reservoir watershed to estimate the flow and sediment release rates that simulate natural rates. These results were used to confirm the appropriate hydraulic discharges from the pipe that would result in de minimis impacts downstream. This information was used to estimate the appropriate sediment discharge rates from the lake to the downstream river that would approximate natural sediment transport rates if the dam did not exist. I.I. Hydrology Analysis The North Fork Reservoir has a contributing watershed drainage area of 10.5 square miles, contained entirely within the Pisgah National Forest. This includes 4.4 square miles from Fletcher Creek and 6.1 square miles from Big Creek, which meet to form the reservoir. The nearest stream gage (USGS 03446000) is located downstream on the Mills River, where the drainage area is 66.7 square miles of mostly forest and agricultural land. Estimated stream flows presented in Table 1 for the outlet of the lake were determined for multiple return periods using the on-line StreamStats application, from the United States Geological Survey: http://water.usgs.gov/osw/streamstats/north carolina.html The 2-year return period estimated discharge of 685 cfs is similar to the estimated bankfull discharge of 601 cfs reported for the Blue Ridge Ecoregion on the NCSU Stream Restoration Program web site: https://www.bae.ncsu.edu/extension/srp/technical-resources/ Jennings Environmental PLLC DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Table 1. Estimated Discharge by Return Period for North Fork Reservoir with a drainage area of 10.5 square miles (USGS StreamStats). Return Period (years) Estimated Discharge (cfs) 90% Prediction Interval (cfs) 2 685 393 — 1190 5 1220 701— 2110 10 1630 923 — 2870 25 2180 1190 — 4000 50 2590 1370 — 4890 100 3080 1570 — 6020 200 3500 1730 — 7100 500 4160 1950 - 8860 Exact values of low -flow, or baseflow, rates are not available, since a long-term flow record has not been documented at the dam. However, these conditions can be estimated from the long-term record at the downstream USGS gage. Daily mean discharge data were obtained from this gage on the Mills River (USGS 03446000) for water years 2010 through 2019 (i.e., October 1, 2009 through September 30, 2019). A running 7-day average of these flows was calculated throughout the 10-year period. The lower values of these 7-day mean flow rates represent low -flow conditions at the Mills River gage. With the assumption that the entire watershed at the gage (DA = 66.7 square miles) contributes equally to baseflow, these low flows can proportionally be scaled to approximate low -flow conditions at the North Fork Reservoir (DA = 10.5 square miles). Summaries of these data are presented in Table 2. Over the 10-year study period, this gage analysis suggests that the lowest 7-day average flow at North Fork Reservoir was 5.4 cfs, while 90% of the 7-day periods had mean flows over 11 cfs (10th percentile). The lowest 7-day mean estimated discharge for each water year ranged between 5.4 and 13 cfs. For 7 out of the 10 years, that discharge was between 7 and 10 cfs. This gage analysis is similar to that which would be used to calculate the low -flow 7Q10, which is the annual minimum 7 day average flow that, over the long-term, would be exceeded 9 out of 10 years. The USGS calculated 7Q10 (and the related 7Q2 and 30Q2) for 301 sites in the western Piedmont and Mountains of North Carolina, and reported results in USGS Water Supply Paper 2403: https://Pubs.er.usgs.gov/pubIication/wsp2403 Jennings Environmental PLLC DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Table 2. Summary of 7-day Mean Discharge (cfs) at Mills River USGS Gage and North Fork Reservoir (estimated), 2010-2019. Likelihood of Occurrence Mills River Gage (cfs) [DA = 66.7 square miles] North Fork Reservoir (estimated) (cfs) [DA = 10.5 square miles] Minimum (September 2015) 34 5.4 10th Percentile 72 11 20t" Percentile 95 15 30t" Percentile 116 18 40t" Percentile 136 21 50t" Percentile 157 25 60t" Percentile 193 30 70t" Percentile 233 37 80t" Percentile 298 47 90t" Percentile 391 62 Maximum (June 2018) 1068 168 Based on the USGS analyses, the 7Q10 for a 10.5-square-mile watershed in the western Piedmont and Mountains is expected to be between 0 and 11.2 cfs, with a median expected value of 3.3 cfs. Similarly, 7Q2 would be between 0.5 and 16.6 cfs, with a median of 5.8 cfs; while 30Q2 would be between 1.9 and 19.1 cfs, with a median of 7.0 cfs. Flows at the North Fork Reservoir could reasonably be expected to be greater than the median values due to the absence of impervious surface in the watershed and annual precipitation depths that exceed many areas within the USGS study area. These hydrologic analyses based on the Mills River gage and the USGS information suggest that the minimum baseflow entering the North Fork Reservoir may be assumed to 10 cfs during normal rainfall years, with lower flows expected during periods of drought. Jennings Environmental PLLC DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 1.2. Hydraulic Analysis The dam at the reservoir has the following outlets: • Broad -crested weir along the top of the dam, approximately 100 feet in length • Intake pipe to the water treatment plant: one round orifice with an assumed diameter of 16 inches, and invert located approximately 10.2 feet below the weir • Bottom discharge pipe: one round orifice with a diameter of 16 inches, and invert located 16.7 feet below the weir Relevant elevations for the reservoir are: 2449.2 feet: full pond/crest of weir 2439.0 feet: invert of water intake pipe (approximate) 2432.5 feet: invert of bottom discharge pipe The intake pipe to the water treatment plant is assumed to operate continually with a rate between 0.5 and 2.0 million gallons per day (MGD) to satisfy permit conditions, which equates to 0.8 to 3.1 cfs. Hydraulic analyses were conducted to estimate flow rates through the bottom discharge pipe that would allow for natural rates of sediment transport and a cold -water discharge to the receiving stream, while maintaining the reservoir at full pond and allowing for continued operation of the water intake. Flow through the bottom discharge pipe was approximated by applying the orifice equation: where: Q = CdA(2gh)o.s Q = discharge from the orifice (cubic feet per second, cfs) Ca = orifice coefficient of discharge (dimensionless) A = cross -sectional area of orifice (square feet) g = acceleration due to gravity (32.2 feet/second2) h = driving head acting on horizontal centerline of orifice (feet) The following assumptions were made for this analysis: • The water level in the reservoir can be approximated by the top elevation of the dam (i.e., the reservoir remains at full pond) • No tailwater control conditions exist downstream of the dam • Orifice discharge coefficient (Cd) equals 0.62 based on standard empirical conditions • The outlet pipes are not obstructed Jennings Environmental PLLC 5 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Applying the orifice equation results in the following discharge rates from the bottom discharge pipe: • For a vertical opening of 16 inches (i.e., the pipe is fully open): 28 cfs • For a vertical opening of 8 inches (i.e., the pipe is half open): 14 cfs • For a vertical opening of 6 inches: 9.7 cfs • For a vertical opening of 4 inches: 5.5 cfs • For a vertical opening of 2 inches: 2.0 cfs The required opening height can also be calculated for any flow of interest. For example, an outflow of 8 cfs could be achieved by opening the pipe approximately 5.2 vertical inches. This analysis produces a range of discharge scenarios that can be adjusted based on the rate of inflow to the reservoir. Examples of these discharge scenarios include, but are not limited to, the following: • During times of relatively high inflow (i.e., greater than 31 cfs): o Water intake: 3.1 cfs (maximum allowable) o Bottom discharge pipe: 28 cfs (fully open) o Dam weir: any additional inflow above 31 cfs • During times of moderate inflow (i.e., between 17 and 31 cfs): o Water intake: 3.1 cfs (maximum allowable) o Bottom discharge pipe: 14 cfs (half open) o Dam weir: any additional inflow above 17 cfs • During times of low inflow (i.e., below 17 cfs): o Water intake: 0.8 to 3.1 cfs, provided that 8 cfs remains for baseflow o Bottom discharge pipe: 8 cfs (open 5.2 inches; satisfies minimum permit condition) o Dam weir: any additional inflow Jennings Environmental PLLC 6 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 1.3. Sediment Transport Analysis Since the most recent dredging operation in 2007, the accumulation of sediment in North Fork Reservoir is approximately 5,700 cubic yards based on bathymetric survey. This volume represents an accumulation rate of 438 cubic yards per year (570 tons per year, or 54 tons per square mile of drainage area per year). This accumulation rate is in general agreement with measured long-term suspended sediment yields between 31 and 58 tons per square mile per year reported for North Carolina mountain forested basins in USGS Water Supply Paper 2364: http://pubs.usgs.gov/wsp/2364/report.pdf The release of stream sediment through the bottom discharge pipe can be considered to have a de minimis impact on the downstream ecosystem if the concentration of suspended sediment generally mimics the concentration found in nearby natural streams without impoundments. A recent study in the Chatooga River Watershed was published by the Coweeta Hydrologic Laboratory of the USDA Forest Service: http://www.srs.fs.usda.gov/pubs/ia/ia riedel005.pdf This study reported highly variable total suspended solids (TSS) measurements related to discharge rates during storms for four non -impounded and generally undisturbed tributaries. Due to similarities in land uses, the most relevant relationship for North Fork Reservoir is the result for the recession limb of the hydrograph for the Addie Branch tributary to Chattooga River. Of the four study streams, Addie Branch had the most undisturbed watershed and lowest TSS concentrations. For Addie Branch, the following regression equation was reported: where: TSS = 0.87Qo.6' TSS = total suspended solids (mg/L) Q = stream discharge (L/s) The maximum sediment concentration measured in Addie Branch during the 15-month study was approximately 200 mg/L. This suggests an upper limit for the acceptable sediment concentration downstream of the North Fork Reservoir. It is assumed that TSS concentrations in flow going over the dam are negligible, due to settling occurring within the reservoir. During the highest flow scenario for the bottom discharge pipe at the North Fork Reservoir dam (i.e., pipe fully open), the outflow is 28 cfs, meaning that a TSS concentration of 8.1 mg/L would mimic that found in Addie Branch at 28 cfs during the recession limb of a storm hydrograph. Jennings Environmental PLLC DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 To estimate the maximum potential annual sediment release if the bottom discharge pipe were to consistently discharge 28 cfs throughout an entire year, the expected TSS concentration of 8.1 mg/L was multiplied by the total water volume discharged during the year to produce the maximum sediment discharge rate of 223 tons per year. This maximum annual sediment discharge is considerably less than the average of 570 tons per year that have historically been deposited in the reservoir from the upstream watershed. Even with these conservative assumptions, the annual volume of sediment released downstream of the dam through a fully open bottom discharge would be considerably lower than the volume of sediment transported by the watershed into the reservoir. Based on these hydrologic and sediment transport analyses, the City intends to follow the Management Plan for Sediment Release described in Section 2 in order to release cold water and sediment throughout the year with de minimis impacts downstream. The Monitoring Plan described in Section 2 will be followed to document any downstream impacts associated with the sediment release program. Jennings Environmental PLLC DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 2. Management Plan for Sediment Release from the North Fork Reservoir The sediment release management plan will be implemented to discharge bottom cold water and sediment from the lower outlet pipe while achieving de minimis sediment impacts downstream. The management plan includes two components: 2.1. Continuous Bottom Release During Baseflow Conditions: • During baseflow, keep the outlet pipe gate valve open at least 5.2 inches to discharge at least 8 cfs in compliance with the required minimum downstream flow rate condition. • Increase the bottom gate valve opening to match watershed inflow to the reservoir while maintaining full reservoir pool conditions. 2.2. Storm Event Flushing Releases: • During rainfall events of greater than one inch, open the outlet pipe gate valve fully to maximize the discharge of bottom water and sediment. • After the storm event when flow over the dam weir ceases, partially close the gate valve to maintain full reservoir pool conditions while continuing to release at least 8 cfs. 2.3. Monitoring Plan for Downstream Impacts of Sediment Release • Following storm events of greater than one inch, visually inspect the outlet pipe to ensure no blockage and inspect the stream bed within 1,000 ft downstream of the dam to observe any sediment accumulation conditions. • Establish six permanent monumented stream cross -sections at the locations of three riffles and three pools downstream of the dam for repeated topographic surveys. • Survey the cross -sections before initiation of the sediment release program to establish baseline morphology. • Repeat the cross-section surveys quarterly for at least three years and compare data in order to determine changes over time. • Photograph cross -sections during surveys. • Report monitoring results including graphs, tables, and photographs, to regulatory agencies to determine if any changes are needed in the sediment release plan. Jennings Environmental PLLC 9 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Appendix C: Wetland and Stream Delineation Project Site and Disposal Area DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging 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: Contours - Henderson County GIS Potentially Jurisdictional Waters of the US Stream Wetland Open Water Linear Feet Acres streambed Acres Acres S1 78 0.099 W1 0.013 OWl 0.878 S2 79 0.039 W2 0.039 S3 795 0.803 W3 0.046 S4 1 104 0.014 W4 1 0.007 Total 1,056 0.955 1 Total 1 0.105 1 Total 1 0.878 %Z W1 \ W2 of � �o i OW1 r I 1 % W4 1- N Creek W3 l i _ Intake Structure Data Form Existing Access '�.:-►.�`� �?�r►�t��� Culvert - Stream Banks -Approximate (Not delineated) 10 ft Contours Open Water 0 100 200 400 Wetland Feet ! Delineation Area Drawn by: •TJK 2.11.2021; CEC Project# 1020 [LearWaker Delineation Map Henderson County, Delineated Open Water and Wetlands North Carolina October 5, 2020 145 7th Avenue W; Suite B Hendersonville, NC 28792 Figure 4 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Fork Reservoir Dredging City/County: Mills River / Henderson Co. Sampling Date: 10/5/2020 Applicant/Owner: City of Hendersonville State: NC Sampling Point: DP-W1 Investigator(s): T. Kurtz & B. Yant Section, Township, Range: Landform (hillside, terrace, etc.): fringe wetland Local relief (concave, convex, none): none Slope (%): 1 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.419724 Long:-82.675614 Datum: NAD83 Soil Map Unit Name: NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data points was taken in a PSS wetland along the edge of the reservoir. The Anticedent Precipitation Tool resulted in "wetter than normal' conditions during the date of delineation. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _Water Marks (131) n/a Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) X Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-W1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. 0 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 6 (A) 3. Total Number of Dominant 4. Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 103 x 1 = 103 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 55 x 2 = 110 1. Alnus serrulata 80 Yes OBL FAC species 0 x 3 = 0 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 158 (A) 213 (B) 5. Prevalence Index = B/A = 1.35 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is :53.0' 80 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 40 20% of total cover: 16 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Eutrochium fistulosum 20 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex lurida 10 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Eupatorium perfoliatum 10 Yes FACW 4. Juncus effusus 10 Yes FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Impatiens capensis 15 Yes FACW more in diameter at breast height (DBH), regardless of 6. Sparganium eurycarpum 8 No OBL height. 7. Cicuta maculata 5 No OBL Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 78 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 39 20% of total cover: 16 height. Woody Vine Stratum (Plot size: 15 ) 1. 0 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 SOIL Sampling Point: DP-W1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-8 10YR 3/1 100 Mucky Loam/Clay 8-16 10YR 2/1 95 10YR 3/6 5 C PL Mucky Loam/Clay 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) X Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) _Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Fork Reservoir Dredging City/County: Mills River / Henderson Co. Sampling Date: 10/5/2020 Applicant/Owner: City of Hendersonville State: NC Sampling Point: DP-W3 Investigator(s): T. Kurtz & B. Yant Section, Township, Range: Landform (hillside, terrace, etc.): sediment bar Local relief (concave, convex, none): none Slope (%): 0 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.419066 Long:-82.675813 Datum: NAD83 Soil Map Unit Name: NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data points was taken in a PEM wetland along the edge of the reservoir. The Anticedent Precipitation Tool resulted in "wetter than normal' conditions during the date of delineation. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) X High Water Table (A2) X Hydrogen Sulfide Odor (Cl) _Drainage Patterns (1310) X Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _Water Marks (131) n/a Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) X Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) X Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes X No Depth (inches): 6 Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-W3 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. 0 Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 90 x 1 = 90 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 40 x 2 = 80 1. 0 FAC species 0 x 3= 0 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 130 (A) 170 (B) 5. Prevalence Index = B/A = 1.31 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is :53.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Salix discolor 25 No FACW 'Indicators of hydric soil and wetland hydrology must be 2. Dulichium arundinaceum 15 No OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Lycopus virginicus 40 Yes OBL 4. Mimulus ringens 35 Yes OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Juncus effusus 10 No FACW more in diameter at breast height (DBH), regardless of 6. Lobelia siphilitica 5 No FACW height. 7 Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 130 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 65 20% of total cover: 26 height. Woody Vine Stratum (Plot size: 15 ) 1. 0 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 SOIL Sampling Point: DP-W3 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-4 2.5Y 3/1 100 Muck 4-5 2.5Y 3/2 100 Sandy Sandy Muck 5-16 2.5y 3/1 100 Sandy Sandy Muck 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) X Hydrogen Sulfide (A4) _Stratified Layers (A5) X 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) X Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) _Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Fork Reservoir Dredging City/County: Mills River / Henderson Co. Sampling Date: 10/5/2020 Applicant/Owner: City of Hendersonville State: NC Sampling Point: DP-UPLRes Investigator(s): T. Kurtz & B. Yant Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): Convex Slope (%): 5 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.418948 Long:-82.676048 Datum: NAD83 Soil Map Unit Name: NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes No X (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Data points was taken in forested uplands adjacent to W3. The Anticedent Precipitation Tool resulted in "wetter than normal" conditions during the date of delineation. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _Water Marks (131) n/a Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPLRes Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Magnolia fraseri 20 Yes FACU Number of Dominant Species 2. Tsuga canadensis 45 Yes FACU That Are OBL, FACW, or FAC: 1 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 25.0% (A/B) 7. Prevalence Index worksheet: 65 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 33 20% of total cover: 13 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2 = 0 1. Rhododendron maximum 95 Yes FAC FAC species 95 x 3 = 285 2. Magnolia fraseri 10 No FACU FACU species 75 x 4 = 300 3. UPL species 5 x 5 = 25 4. Column Totals: 175 (A) 610 (B) 5. Prevalence Index = B/A = 3.49 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 105 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 53 20% of total cover: 21 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Oxydendrum arboreum 5 Yes UPL 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 5 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 3 20% of total cover: 1 height. Woody Vine Stratum (Plot size: 15 ) 1. 0 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 SOIL Sampling Point: DP-UPLRes Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-1 2.5Y 3/2 100 Loamy/Clayey 1-12 7.5YR 5/3 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Root Depth (inches): 12 Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) _Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 W, O a-J E U U_ L O 2 Lfl O Q O � r V sPo O N O 00 Q Q N rl V Ol t0 M m 10 N 70 a d Z L d = N N O N L m N rl O ai u c 0 ao ❑ N N M M M O a >p 0 U O N O Z N O N N N O O U v c o u N ai O� 70 41 h M 01 M O m 0) N N i M �6 c� y h v O O O N N In O N � rl ll1 M � m N O u l0 110 I N Q O N _ � r O u 01 N In N M M O M 0 N �O N C O O O O T m = r O O W N Q N N N N ❑ N N N 0 m 0 C ry � p � N L O O N Q � u V .O �6 O � X m N 0 y a O U w _ N �0 90 a N Q ai V C Q T O ^ m O r m m m N rl E O rl O � Z T (6 O m m 0 = O C N m h r-I h lt1 h - > > N m M 01 O rn In ui rl In rl O M N N N N M M N w ^ M N l0 l0 T m N M E IN N O N DO t y 0 m 0 m 1 _ ^ N N h tO h Ol m m ` m T O7 O1 OR T '-I T C Ol ri rl tO h O O Ol > N N N N N N N N N W v1 O1 ri h N N N tD h C n n IIR IIR IIR Lq j5 N N N N N N N N O O r lD M m -Z 4 M 4 U lO n lO m r-I l!1 N m M N 01 01 � O vi M �n M vi M �n M �n M in M �n M vi M M U1 Z U1 vl U1 i W W O Z O Ot u1 N � K w LU u-, ,� � F w U � O J U U W W W ❑ Z w ❑ ❑ O > Q m LL Z O Z= U a a x t U " u < a aai m l0 7 (SOgDUI) JJPJUIp�l DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging - Spoils Area (+/- 1.6 AC) 8 — Cie, L� R,d4e Qk+yy 146 91u ■`RiQ,.., 4 r n z Oa S 0. Etowah _! Spoils Area Boundary Drawn by: TJK 2.1.21; CEC Project# 1020 Henderson County, North Carolina � N M ra s Y r 25 - ■ O 'J m w C C°4 cord Rd �b a �, Gt■� Royal Pines■ G • � � 4, { U O � Fletcher ¢ gu tf er G� L 0• Mills River a �� U -- Spoils Area Boundary A i nib �'4 err a S � Po, �4c (�d 4 4� Rd-* v Horse S hoe �1 A , ,Qbr% Qd Laurel Park eY CoieRd [LearWaker 2 Clana Rd 6�Av■ 1y •'. Jac kson 'r Hendersonville Park mod, ,K�flaw Ra 0 1 2 4 Miles Vicinity Map Figure 1 145 7th Avenue W: Suite B Hendersonville NC 28792 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging - Spoils Area (+/- 1.6 AC) A r' a �.■ �O • 11 ram.. 1 �+ • I � 1 F8 113i� - = 084 * i.lis River Bri To•.,� - ¢y r ilfS -RiverINV •.�-� Tra � 4y Spoils Area Boundary t s Val1 fill.-,irt ')ant � r �.� } . FIT 162 ar Kennlis Mies iver • fir' • � r�.� + ��. • l • 00 _! Spoils Area Boundary �j ` +. � 0 500 1,000 2,0Feet Drawn by: TJK 2.1.21; CEC Project# 1020 Henderson County, [LearWaker USGS Topographic Map North Carolina 7.5 Minute Quad: Skyland 145 7thAvenue W: Suite Figure 2 Hendersonville NC 28792 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging - Spoils Area (+/- 1.6 AC) 'JO _! Spoils Area Boundary Drawn by: TJK 2.1.21; CEC Project# 1020 Henderson County, North Carolina ti [LearWaker 145 7th Avenue W: Suite B Hendersonville NC 28792 0 25 50 100 Feet Aerial Imagery Map NCCGIA (2019) Figure 3 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging - Spoils Area (+/- 1.6 AC) DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 North Fork Reservoir Dredging - Spoils Area (+/- 1.6 AC) 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: Contours - Henderson County GIS i Y - Spoils Area Boundary AP ■ i DP-UPL2 i' #bar► - �'� / r � DP-UPL1 i i i � I % \ \ Y Spoils Area Boundary Contours - 2ft Data Form 0 25 50 100 Feet Drawn by: TJK 2.1.21; CEC Project# 1020 Henderson County, CLearWaker Wetland & Stream Delineation Map North Carolina Delineated January 27, 2021 145 7th Avenue W: Suite B Figure 5 Hendersonville NC 28792 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Fork Dreding - Spoils Area City/County: Mills River / Henderson Co. Sampling Date: 1/27/2021 Applicant/Owner: City of Hendersonville State: NC Sampling Point: DP-UP1_1 Investigator(s): T. Kurtz & B. Yant Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): Concave Slope (%): 3 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.387196 Long:-82.559517 Datum: NAD83 Soil Map Unit Name: DeB: Delanco (dillard) loam, 2-7% slopes NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Data points was taken in forested uplands. The Anticedent Precipitation Tool resulted in "normal" conditions during the date of delineation HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _Water Marks (131) n/a Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPL1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Salix discolor 20 Yes FACW Number of Dominant Species 2. Juglans nigra 40 Yes FACU That Are OBL, FACW, or FAC: 3 (A) 3. Ligustrum sinense 10 No FACU Total Number of Dominant 4. Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 30.0% (A/B) 7. Prevalence Index worksheet: 70 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 35 20% of total cover: 14 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 40 x 2 = 80 1. Ligustrum sinense 65 Yes FACU FAC species 5 x 3 = 15 2. Salix discolor 20 Yes FACW FACU species 193 x 4 = 772 3. UPL species 0 x 5 = 0 4. Column Totals: 238 (A) 867 (B) 5. Prevalence Index = B/A = 3.64 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 85 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 43 20% of total cover: 17 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Ligustrum sinense 10 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Lonicera japonica 10 Yes FACU present, unless disturbed or problematic. 3. Clematis terniflora 3 No FACU Definitions of Four Vegetation Strata: 4. Fragaria virginiana 3 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Glechoma hederacea 5 No FACU more in diameter at breast height (DBH), regardless of 6. Hedera helix 12 Yes FACU height. 7. Rubus allegheniensis 15 Yes FACU Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 58 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 29 20% of total cover: 12 height. Woody Vine Stratum (Plot size: 15 ) 1. Clematis terniflora 20 Yes FACU 2. Toxicodendron radicans 5 Yes FAC 3. 4. 5. Hydrophytic 25 =Total Cover Vegetation 50% of total cover: 13 20% of total cover: 5 Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 SOIL Sampling Point: DP-UPL1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-3 2.5Y 3/3 100 Loamy/Clayey 3-8 2.5Y 3/3 70 2.5Y 5/3 30 D M Loamy/Clayey 8-12 2.5Y 3/3 50 2.5Y 5/3 50 D M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) —Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) _Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT. See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: North Fork Dreding - Spoils Area City/County: Mills River / Henderson Co. Sampling Date: 1/27/2021 Applicant/Owner: City of Hendersonville State: NC Sampling Point: DP-UP1_2 Investigator(s): T. Kurtz & B. Yant Section, Township, Range: Landform (hillside, terrace, etc.): hillside Local relief (concave, convex, none): none Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.387262 Long:-82.560100 Datum: NAD83 Soil Map Unit Name: DeB: Delanco (dillard) loam, 2-7% slopes NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation X Soil X or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No X Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS —Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes X No Remarks: Data points was taken in yard set aside for spoils material. Dredge material from various sources have been historically dumped in the yard. The Anticedent Precipitation Tool resulted in "normal" conditions during the date of delineation. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) —High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) X Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _Water Marks (131) n/a Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) _Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Soils are saturated from 0-5" (refusal at 5"). This is likely a factor of compaction and recent precipitation. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPL2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. 0 Number of Dominant Species 2. That Are OBL, FACW, or FAC: (A) 3. Total Number of Dominant 4. Species Across All Strata: (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species x 1 = Sapling/Shrub Stratum (Plot size: 15 ) FACW species x 2 = 1. 0 FAC species x 3 = 2. FACU species x 4 = 3. UPL species x 5 = 4. Column Totals: (A) (B) 5. Prevalence Index = B/A = 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. 0 'Indicators of hydric soil and wetland hydrology must be 2. present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. 4. Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft 9 (1 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20% of total cover: height. Woody Vine Stratum (Plot size: 15 ) 1. 0 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) Vegetation is absent within a 30' radius of the data point. The data point was taken in a spoils yards ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 SOIL Sampling Point: DP-UPL2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Type' Loc2 Texture Remarks 0-5 2.5Y 5/3 Sandy Sandy Loam 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Rock Depth (inches): 5 _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) —Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) —Depleted Dark Surface (F7) _ Redox Depressions (F8) _Iron -Manganese Masses (F12) (LRR N, MLRA 136) _ Umbric Surface (F13) (MLRA 122, 136) _ Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soils3: _2 cm Muck (A10) (MLRA 147) _Coast Prairie Redox (A16) (MLRA 147, 148) _Piedmont Floodplain Soils (F19) (MLRA 136, 147) —Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X Remarks: Soil appears to be a blend of non-native soils that were previously depositied in the spoils yard. Only 5" of soil is present above a rock layer. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 r- -7 W, ALP O N N rl O N W N r-I r-I a (sopul) Ilp�uip\d DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Appendix D: US Forest Service Maintenance Plan DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Dredging Plan North Fork Reservoir Pisgah National Forest, Henderson County, North Carolina Prepared by C1earWater Environmental Consultants, Inc. March 12, 2021 In accordance with the terms and conditions of the US Forest Service Special Use Permit, the Permit Holder, City of Hendersonville (City), is required to comply with established federal and state laws for the operation and maintenance of the permitted use. The North Fork Reservoir is a concrete dam with an upstream reservoir located at the confluence of Big Creek and Fletcher Creek within Pisgah National Forest and is a water source for the City's water treatment facility located in Mills River, NC. The reservoir was constructed in 1927. The City has an active 20-year lease with the National Forest Service to operate the existing water supply reservoir until 2032. This plan has been prepared for the proposed dredging and valve maintenance project to occur in the summer of 2021. A. CONTACT INFORMATION City of Hendersonville Water Treatment Facility is located at 4139 Haywood Road, Mills River, NC 28759. The main phone number for contacting these individuals is (828) 891-7779. Individuals who work on distribution lines, raw water intake lines will be employed or contracted by Hendersonville Water and Sewer, an enterprise department of the City. Work on transmission lines will include a variety of field operations personnel. Individuals responsible for these field operations personnel are: • Lee Smith (utilities director) - (828) 674-2223 • Chad Freeman (operations manager) - (828) 674-3084 • Ricky Levi (WTP manager) — (828) 233-2861 B. 2021 MAINTENANCE PROJECT The project will encompass dredging of excess sediment to be removed from reservoir thus restoring the water storage capacity behind the dam. This reservoir was last dredged in 2007 with a hydrodredge barge and a geo-tube (for sediment capture and dewatering). The hydrodredge was estimated to provide adequate water storage for an additional ten years. Approximately 5,700 cubic yards of sediment have accumulated since the last dredging operation. A Pre -construction meeting will be held prior to any work between the City of Hendersonville, C1earWater Environmental, US Forest Service permit administrator and additional appropriate permitting agencies if needed. Before the dredging beings, the reservoir will be dewatered. The surface water elevation will be lowered from the top, approximately 9 feet (to 2,444 feet elevation), using a siphon. The reservoir shall not be lowered more than 1 foot per day. The specific elevation may vary based on field Page 1 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 conditions to maintain adequate flow into the intake to the WTP. Sediment will be allowed time to settle at the lowered elevation. A turbidity curtain will be installed around the WTP intake and the siphon used to maintain the lowered surface water elevation. At least 8 cubic feet per second (CFS) of flow to the downstream waters will be maintained throughout the dewatering and dredging operations. Upon drawing down the water level, aquatic organisms (fish, salamanders, etc.) will be caught and released downstream of the reservoir (See Section C). The dredging operation will be separated into two phases (See Attachment B - Dredging Plan and Sequence). A two-phase design is intended to minimize sediment impacts and maintain adequate flow to the WTP and downstream of the dam. Phase I involves excavation and sediment removal from the Big Creek side of the reservoir. A temporary access ramp and stream crossing (over Fletcher Creek) using four culverts will be installed to allow equipment access to the Phase I dredging area. Big Creek will be temporarily diverted into a lined channel, around the work area, to avoid sediment from the work area to entering the stream flow. The City of Hendersonville will approve the completion of Phase I before switching to Phase II begins. Once approved, the temporary crossing over Fletcher Creek, the diversion channel for Big Creek, and a portion of access ramp will be removed. Phase II of dredging will occur within the Fletcher Creek side of the reservoir. The remaining portion of the access ramp installed in Phase I will be used for equipment access to the Phase II dredging area. Fletcher Creek will be temporarily diverted into a lined channel, around the work around, to avoid sediment from the work area to enter the stream flow. The City of Hendersonville is to approve the dredging of Phase II prior to removal of the temporary diversion channel, access ramp, siphon, and turbidity curtain. The dredge material from both phases(up to 7,500 cubic yards) will be hauled by dump truck convey to the disposal site behind the Hendersonville WTP in Mills River (outside of the US Forest Service Boundary). The approximately 8.5-mile-long route is shown on Figure 1.1 of Attachment B. The disposal area is comprised entirely of uplands (Attachment C — Disposal Area). The upland project boundary will utilize silt fencing and wattles to minimize sediment runoff from the equipment and vehicle tracks. Figure 3.1 of Attachment B shows the proposed locations of erosion and sediment control measures. A continuous bottom -release sediment discharge program prepared by Jennings Environmental (Attachment D — Sediment Release Plan) is also proposed to help increase the maintenance dredging interval and mimic more natural sediment transport downstream of the dam. During baseflow, the outlet pipe gate valve will be open at least 5.2 inches to maintain the required 8 CFS discharge to the receiving waters. The gate valve will be fully opened during rainfall events greater than 1 inch to maximize the discharge of bottom water and sediment. During dredging operations, water that becomes turbid will be directed into the water intake structure to be sent to the Hendersonville WTP. Were sediments will be filtered and removed. Page 2 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 The drain valve for the dam has not been used for years and will be inspected upon draw down. The City will have an engineer on -site during the dewatering process to immediately inspect the condition of the existing gate valve and will oversee maintenance if needed. C. AQUATIC WILDLIFE RELOCATION • Animal relocation should be done immediately and quickly after the water level has been lowered, and with the exceptions noted below, we recommend moving animals via buckets with water into downstream North Fork Mills River. • If any hellbenders or mud puppies (very large salamanders) are found, they should be taken via bucket far downstream. • Pond -dwelling turtles and pond dwelling salamanders other than hellbenders or mudpuppies should be moved to a large, slow pool that has a pond -like character. The North Carolina Wildlife Resources Commission and US Forest Service Fisheries Biologist Lorie Stroup will be notified at least two weeks prior to dewatering and dredging project. D. LANDSCAPE AND EROSION CONTROL The Permit Holder or their Contractor shall take necessary measures to prevent and control soil erosion within the right-of-way and on adjacent lands that might be affected by construction, operation, or maintenance of the use; and shall revegetate, and keep revegetating all areas of soil made bare by these activities, and shall constrain eroded material within the construction limits. To meet this objective the Permit Holder or Contractor will accomplish the following provisions during construction. I. Establish and maintain a vegetative cover on all earth cut and fill banks and on all mixed earth and rock banks which have enough soil due to construction. 2. Seeding as construction progresses using a wild seed mix. A temporary cover crop will be established if there is a conflict in planting season. A permanent cover crop will be established at the first approved time of planting. 3. Completing all seeding and mulching within 30 days of construction during the seeding season, unless drought conditions prevail. 4. Using a seed mixture adapted to soil, climate, and season. Mulching with pine straw. 5. Seed bare soils within 100 feet of riparian area the same day as completion of soil disturbance. E. VEGETATION CLEARING The Permit Holder, or their contractor and subcontractors will conform to the following Clearing Plan: The maximum clearing and grubbing limits are to be set at 5 feet outside actual construction lines except that cutting of hazard trees outside these limits may be done with prior approval. Construction machinery is to be contained within the clearing limits. However, no clearing shall be done outside the south right-of-way limits. Page 3 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 2. If during the clearing phase of construction endangered, threatened, and sensitive species are encountered, the U. S. Forest Service will be notified before clearing proceeds. F. CULTURAL RESOURCES If during construction or maintenance activities archaeological sites are discovered, activities will be immediately suspended, and the US Forest Service will be notified. Prior to resuming activities, each site will be evaluated by a professional archaeologist using the National Register of Historic Places, criteria of significance, using known data. If archaeological site testing is required to evaluate significance, and the construction project cannot be moved so that no adverse effect will occur to the cultural resource, the Permit Holder will notify the US Forest Service for consultation before construction begins or resumes. All activities requiring modifications to National Register listed or eligible sites will be coordinated by the Forest Service and the Advisory Council on Historic Places and the State Historic Preservation Officer, whether under easement or not. Testing or mitigating National Register sites will require a 1906 Antiquities Act permit, authorized by the Regional Forester and the Smithsonian Institution. The permit shall be sought prior to any investigations of this order. A report describing the sites found, their significance, and the judgments used to arrive at significant determinations, will be prepared and submitted to the US Forest Service for review. A "site" is defined as more than two artifacts in close proximity and older than 50 years. G. FIRE PROTECTION During the period of construction, the Permit Holder shall both independently and in cooperation with the Forest Service, do everything that is reasonable and practical to prevent and suppress forest fires on the project area and in its immediate vicinity. All contracts and subcontracts shall include provisions requiring contractors, subcontractors, and their respective employees to do likewise. The Permit Holder, their contractors, and subcontractors will conform to, but not be limited to, the following Fire Plan: 1. Take immediate independent or cooperative action to control and extinguish any fire, regardless of cause, within the easement area and its vicinity. 2. Provide adequate spark arrestors acceptable to the US Forest Service on all steam and internal combustion engines, including tractors, trucks power rollers, power shovels, and chain saws. The use of welding equipment, cutting torches, and similar flammable equipment must be done in an area cleared of all vegetation, leaves and debris. Power saws shall not be refueled while hot and shall be refueled in a roadway or other cleared area. Page 4 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 When the Forest Service advises the State that local fire weather conditions are becoming critical, the Permit Holder shall always keep gasoline chain saws, a shovel, and take precautionary measures requested by the Forest Service. Page 5 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Appendix E: Project Permit History DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2007-01921-345 County: Henderson USGS Quad: Dunsmore Mt. GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION .Property Owner I Authorized Agent: The City of Hendersonville Address: P.O. Box 1760 Hendersonville, NC 28793 Telephone No.: (828) 697-3073 Size and location of property (water body, road name/number, town, etc.): The prowectarea is located at the North Fork Mills River Reservoir in Mills River, Henderson County. North Carolina. Coordinates for the site are 35 25 8.31 north and 82 40 32.98 west. Description of projects area and activity: The permittee is authorized to impact the North Fork Mills River by returning water from an ulpland contained disposal area which will result from hydraulic dredzing of the reservoir and by constructine a temporary rilp ralp outlet. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 16 and 18 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, the attached letter from the North Carolina Wildlife Resources Commission, and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide. permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Lori Beckwith at 828-271-7980. Corps Regulatory Official Lori Beckwith pJ Date: July 1.1, 2007 14 Expiration Date of Verification: July 11, 2009 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 -2- The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the attached customer Satisfaction Survey or visit hM:i/www,saw.usace.army.milA N'ETLAN'DS/index.html to complete the survey online. Copy Furnished: McGill Associates, Attn: Mr. Mike Dowd, P.O. Box 2259, Asheville, NC 28802 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 o`�U, - `ypt: co 7 �� .. I City of HendersLx P.O. Box 1760 Hendersonville, NC Subject Property: AUG . 9 2007 City of Hendersonville ;,or Lc Sayer CooGrtmi 28793 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources 2, 2007 Coleen H. Sullins, Director Division of Water Quality DWQ Project # 07-0721 Henderson County City of Hendersonville - North Fork Mills River Reservoir Dredging North Fork Mill River [040303, WSI, HQW] Approval of 401 Water Quality Certification with Additional Conditions Dear Sir or Madam: You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.95 acres of open waters (Reservoir), as described in your revised application dated June 27, 2007, and received by the Division of Water Quality (DWQ) on July 5, 2007, to construct the proposed dredging project. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number(s) 3629 (GC3629). The Certification(s) allows you to use Nationwide Permit(s) NW 16, when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, and Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. The Additional Conditions of the Certification are: L Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Type of Impact Amount Approved Units Plan Location or Reference Open Water (reservoir) 10.95 (acres) PCN page 9 of 13 401 Oversight/Express Review Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 / FAX 919-733-6893 / Internet: http://h2o.enr.state.ne.us/nowetlands IN P An Equal OpportunitylAffirmative Action Employer — 50% Recycled/10% Post Consumer Paper DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 City of Hendersonville Page 2 of 3 August 2, 2007 2. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or rules occur. 3. Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards: a. The erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. The design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 4. Sediment and Erosion Control Measures Sediment and erosion control measures shall not be placed in wetlands or waters to the maximum extent practicable. If placement of sediment and erosion control devices in wetlands and waters is unavoidable, they shall be removed and the natural grade restored within six months of the date that the Division of Land Resources has released the project; 5. Protective Fencing The outside buffer, wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the buffer, wetland or wafter prior to any land disturbing; 6. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification, shall expire upon expiration of the 404 or CAMA Permit. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 City of Hendersonville Page 3 of 3 August 2, 2007 you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Any disputes over determinations regarding this Authorization Certificate (associated with the approved buffer impacts) shall be referred in writing to the Director for a decision. The Director's decision is subject to review as provided in Articles 3 and 4 of G.S. 150B. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-73 1786. Z , Coleen H. Sullins CHS/gym Enclosures: GC 3629 COPY Certificate of Completion cc: USACE Asheville Regulatory Field Office Kevin Barnett, DWQ Asheville Regional Office i DLR Asheville Regional Office _` r[ File Copy D OVR( Central Files Filename: 070721 CQHendersonvilleNForkMillsRiverReservoirDredging(Henderson)101 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Appendix F: SF-299 Form Review Email from US Forest Service DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Tyson Kurtz From: Owen, James - FS <james.owen@usda.gov> Sent: Thursday, September 16, 2021 1:54 PM To: Tyson Kurtz; Clement Riddle Cc: Levi, Ricky; Clement Riddle; Smith, Lee; Steurer, Adam Subject: RE: [External Email]Update - Hendersonville North Fork Dredging SF299 Gentlemen, As you are aware, for the past month we have been dealing with cleanup and assessment of damage from TS Fred, which will likely be in the $50 million range. Unfortunately the two specialties that you all need the most information from (hydrology and fisheries) are the two hardest impacted by the damage from Fred. Both Brady and Lorie are working hard to keep everything afloat, but I hope you can understand and appreciate that the impacts from this event will be felt for years and so it's critical that they complete the assessment phase of impacts in a timely manner in order to allow us to be in a position to compete for funding to restore much of the area where damage has occurred. I spoke with Brady on Monday and he indicated that he was planning on reviewing your proposal this week and would provide feedback. From a permitting perspective the District Ranger has decided that, much like Bradley creek, we will consider the activity to be maintenance on an existing authorization that will take less than a year to complete and not a new action requiring a permit amendment and as a result a decision memo will not be forth coming. If you need that to be communicated in a more formal letter in order to get permitting from the Corps of Engineers let me know. Thanks, Cody dWo J. Cody Owen Realty Specialist (Special Uses) Forest Service Pisgah National Forest p: 828-877-3265 x233 iames.owen@usda.gov 1600 Pisgah Hwy. Pisgah Forest, NC 28768 www.fs.fed.us Caring for the land and serving people From: Tyson Kurtz <tyson@cwenv.com> Sent: Tuesday, September 14, 2021 8:24 AM To: Owen, James - FS <james.owen@usda.gov> Cc: Levi, Ricky <rlevi@hvinc.gov>; Clement Riddle <clement@cwenv.com>; Smith, Lee <Ismith@hvinc.gov>; Steurer, DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Appendix G: Federally Protected Species Information from NCNHP and USFWS DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 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.p,ov/nc-es/es/coupiyfr.html In Reply Refer To: November 09, 2021 Consultation Code: 04EN1000-2022-SLI-0089 Event Code: 04EN1000-2022-E-00244 Project Name: North Fork Reservoir Dredging 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/htmis/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/htmis/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: 08558641-CFE5-4F8C-903D-265D565F3BF0 11/09/2021 Event Code: 04EN1000-2022-E-00244 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/htmis/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/windenerg_y/) 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/CurrentBirdlssues/Hazards/towers/towers.htm; http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/ towers/comtow.html. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 11/09/2021 Event Code: 04EN1000-2022-E-00244 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: 08558641-CFE5-4F8C-903D-265D565F3BF0 11/09/2021 Event Code: 04EN1000-2022-E-00244 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: 08558641-CFE5-4F8C-903D-265D565F3BF0 11/09/2021 Event Code: 04EN1000-2022-E-00244 2 Project Summary Consultation Code: 04EN1000-2022-SLI-0089 Event Code: Some(04EN1000-2022-E-00244) Project Name: North Fork Reservoir Dredging Project Type: WATER SUPPLY / DELIVERY Project Description: Maintenance dredging of the North Fork (Hendersonville) Reservoir for the City of Hendersonville. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(c►)35.4196904,-82.6753049296506,14z CI Counties: Henderson County, North Carolina DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 11/09/2021 went Code: 04EN1000-2022-E-00244 3 Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Clemmys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https:Hecos.fws.gov/ecp/species/6962 Clams NAME STATUS Appalachian Elktoe Alasmidonta raveneliana Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5039 DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 11/09/2021 Event Code: 04EN1000-2022-E-00244 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Bunched Arrowhead Sagittaria fasciculata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1720 Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4283 Small Whorled Pogonia Isotria medeoloides Threatened Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 Swamp Pink Helonias bullata Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4333 White Irisette Sisyrinchium dichotomum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8097 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 won Roy Cooper, Governor •� mm NC DEPARTMENT OF Susi Hamilton, Secretary ■�,-t m NATURAL AND CULTURAL RESOURCES a ■ox Walter Clark, Director, Land and Water Stewardship NCNHDE-12974 October 1. 2020 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 32 Clayton Street Asheville, NC 28801 RE: North Fork Reservoir Dredging; 1020 Dear ClearWater Environmental Consultants, Inc.: 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: httr)s://www.fws.aov/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, Clean Water Management Trust 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 rod ney.butlerCo�ncdcr.aov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 W JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PALEIGW. rkc 276�0 OFC 919.707,9120 • FAK 919.707.9121 \ U ƒ \ } e = 2 s CO z = / z = o)o / E / e 3 ®®�co \ \ co > - nD 3 § / \ CO § \\\ \ > / \ ° z + 4 2 z \ z COo \ \ / ± / / o \ « \ o \ e z \ \ 0 \ \ / % z CO\ » \ c e e \ / % e y \ > g > \g32 3 a\// /322 % « w s G ~ z \ a E .�33/ 6 . EDE COm \\\2 z $ 3.» \ \ } / e E / ( e \ R { ._ : _ : } / _ CC3 u \ CO CO \\\\\\ s e s u \\ e Oc\G©± z 3- s= u=± z } e z 0 % » lu / 3 =a z 6 ® = m : 2 (} ? x ± \ / ® s - 2 o \ / 5 \ g \ \ \ \.z z.0 o o a CO \ \ o : \ ƒ / > c ^ \ ® % \ \ u \ / \ -0\ \ \ \ \ \ \ \ 0)\ / \ \ c O Z � \ \ y = 2 / CO 3/y lu /\ \\D / ° o (® \� \{\\\ e ± \/\J / > _ / ± CO ƒ / ƒ / M 2 G \ � / D / \® E/ \ \\/ U / / o y \\\ \ \\( \a \t ( y _ D- u, H 0 » J © ± ° ° e e e / -z 3 e ± 4 \ - >(1) - 3 } \ / \ 0 \ \ n ƒ/ \ \ \ 3 § ®° \ \ 2 t 0 ƒ 2 = ° u ? / z 0 ± \ : - % \ \ / / e ± e § 9 T .\ \ y 2 z 0 \\\\ E 0 \ E / »/> s o= a / 2 t /- e:: } \ \ \ 2 \ % = o m t E \ / \ \ \ / \ \ LL \ \ \» \\ \ \ \\ \ \ E 0 t \G \ \ \ / \ ~ 3 2 \ / / m t + / \ 3 \ \ / } ) \ e ° G e ±/%\\ g m/ Z s e s e e e 2®/ z s\ E 3 = \ z o / G o a t 3// co co g§ Z 5 z 3% s Z 7 c x x 2,J 9 c/ § \ c / ■ ■ / z z \ O \ E / CO / > > _ 3 / \ e \ e CC) % 2 s / / CC)/ .y 2 CC)n .y 2 ._ s s ƒ 7. \ > > % 4 % 4 \ \ \ \ \ \ e e ± ± \ a) e /\2%% 3 « ^ ° ° / \ t \ © - \ \ s ± Cl E \ \ coz \ { \ ( \ © E » \ \ D ye s ¢ / co / 2 \ 2 e e 5 E CC) CC) \ Z \.g x // ± et E D- o \ \ .e // / /\ o %9 y © / \/ �\ \ _ \ \ \ -- / / z \ \ CC) E ° » E / /\\�\// ■ 10, I. \ \ Co s / / xxc \\ ra s \ / �7 0) W L L 0 Z a� U) a) L O LL O z W r w Tz V Z 0 u O N a DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 U.S. Fish & Wildlife Service 1 Northern Long -Eared Bat Consultation Areas Henderson County Buncombe Co. Disposal Site F.....rl F it I. Project Site Or/ - Y Transyl 7n r:r County Aim ,r -T,rransylvania Co. i l= t: li -r .Mountain Home Pinehurst Henderson Co. *Etowah *Hendersonville 411�10-_-r r East Flat Rock Flat Rock North Carolina County Boundary Watersheds with Known NLEB Maternity Trees or Hibernation Sites If your project falls within the red areas identified in Henderson County, please 0 5 Miles contact the USFWS I r I USFWS Ecological Services F-7-1 Asheville, North Carolina Asheville Field Office. 0 0 5Kilometers Map Date: 2/3/2016 Polk Co. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 MM P" 0 INC DEPARTMENT OF ""■ ■ 11■Ir■# NATURAL AND CULTURAL RESOURCES ■-■■■ November 9. 2021 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 145 7th Avenue West Hendersonville, NC 28792 RE: north fork reservoir dredge disposal site; 1020 Dear ClearWater Environmental Consultants. Inc.: Roy Cooper, Governor 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program IN \�NiUDTMrperki1i3 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. 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 found within the project area or is 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: httr)s://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. 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 Federally - listed species are 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 rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. 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Concrete Dam on the reservoir Photo 2. Fletcher Creek side of the reservoir, facing west from WTP intake. W1 in the right foreground and W2 in the background. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 Photo 3. View of Sig Creek side of Reservoir from the WTP intake (shown in foreground). W4 and W3 in background. �'ikt µ�Fi� 14 j N- Photo 4. Fletcher Creek entering the reservoir. Note accumulated sediment levels. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 .. 91 •Jtga�. L, a.'+I'.iT�� - 4�y�1r,-% S�-_ - � - S _ 1 T ODOg MO IBM - Photo 5. Fletcher Creek side of the reservoir. Standing on W2 facing the WTP intake. Note accumulated sediment levels. Photo 6. WTP intake in lower left. Note accumulated sediment around intake. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 - r Photo 7. Post conventional dredging operation on Fletcher Creek side of reservoir in the 1970s. Compare to current condition shown in Photo 2 and 4. A Photo 8. Post conventional dredging operation on Fletcher Creek side of reservoir in the 1970s. Compare to current condition shown in Photo 3. DocuSign Envelope ID: 08558641-CFE5-4F8C-903D-265D565F3BF0 D Photo 9. Dredge material disposal site behind the W1P. Facing northwest from center. Photo 10. Dredge material disposal site behind the WTP. Facing southeast from center. Trees in background were cleared in early 2021 to make room for additional maintenance activities.