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HomeMy WebLinkAbout20220800 Ver 1_401 Application_20220610Staff Review Form NORTH CAROLINA EnNmnmenfei Qea(Uy Updated September4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20220800 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes No Andrew Moore:eads\awmoore3 Asheville Regional Office - (828) 296-4500 401 Application 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 Pre -Filing Meeting Date Request was submitted on: 5/10/2022 Project Contact Information Name: Jeff Golladay Who is submitting the information? Email Address: jolladay@enviroscienceinc.com Project Information Project Name: Fairview Mini -Storage 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) Buncombe Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document 06.07.2022_Fairview Mini-Storage_401Cert.pdf 8.35MB Only pdf or kmz files are accepted. Describe the attachments or comments: 401 Application package. The applicant is seeking an individual 401 Water Quality Certification to authorize permanent stream impacts associated with the development of a new storage facility. 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. CLearWaer An EnviroScience Company ClearWater Environmental Consultants, Inc. www.cwenv.com June 10, 2022 Mr. Paul Wojoski NC DWR, 401 Permitting & Buffer Unit 512 N. Salisbury Street, 9th Floor Raleigh, North Carolina 27604 RE: Fairview Mini -Storage (+/- 4.13 Ac) Individua1 401 Water Quality Certification Request Buncombe County, North Carolina Dear Mr. Wojoski, The attached Pre -Construction Notification (PCN) is being submitted on behalf of Appaloosa Real Estate Partners, LLC; represented by Mr. Joshua Wilkes. The project area is comprised of Buncombe County parcel index numbers 968653557600000 and 968653477200000. The project is located at 1366 Charlotte Highway, Fairview, North Carolina 28730. The applicant is seeking an Individual 401 Water Quality Certification to authorize permanent stream impacts associated with the development of a new storage facility. This PCN was submitted to the U.S. Army Corps of Engineers on June 07, 2022. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish and Wildlife Service; and Ms. Amanda Jones Fuemmeler, U.S. Army Corps of Engineers. Sincerely, Jeff Golladay Biologist Copy issued: USACE — Amanda Jones Fuemmeler NC Wildlife Resources Commission — Andrea Leslie USFWS Asheville Field Office — Byron Hamstead Ate& R. Clement Riddle, P.W.S. Senior Scientist 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary Data Entry Fields for New Actions SAW — 1. Project Name: Fairview Mini -Storage 2. Work Type: Private n Institutional n 3. Project Description / Purpose: Government n Commercial n The purpose of the project is to authorize permanent stream impacts associated with the construction of a new storage facility on a 4.13-acre tract. 4. Property Owner / Applicant: Appaloosa Real Estate Partners, LLC 5. Agent / Consultant: ClearWater, an EnviroScience Company 6. Related Action ID Number(s): 7. Project Location - Coordinates, Street Address, and/or Location Description: 1366 Charlotte Highway, Fairview, North Carolina 28730; 35.525410, -82.410029 8. Project Location - Tax Parcel ID: 968653557600000; 968653477200000 9. Project Location —County: Buncombe 10. Project Location — Nearest Municipality or Town : Fairview 11. Project Information — Nearest Waterbody: Cane Creek (Class C;Tr) 12. Watershed / 8-Digit Hydrologic Unit Code: Upper French Broad / 06010105 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 39 n Regional General Permit # n Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance n No Permit Required Revised 20210513 An EnviroScience Companye Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: AREP Fairview, LLC (under contract) Property Owner Address: Phone Number: Email address: Property Location: 2820 Selwyn Ave, Ste 618 Charlotte, NC 28209 704 910 7103 joshua@appaloosarep.com 1366 Charlotte Highway, Fairview, NC 28730 Owner/Managing partner Signature: Owner/Managing printed name: lie Joshua Wilkes Date: 5/12/2022 145 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com Buncombe County Assessment Property Record Search Buncombe County Assessment Property Record Search 968653557600000 1366 CHARLOTTE HWY KEY INFORMATION MILLER SUSAN Total Appraised Value 12 MASTERS WAY, POOLER, GA, 31322 $282,100 Zoning OU Neighborhood Land Use Code MULTIPLE RES Municipality Fire District FFA Special District Present Use Appraisal Area Erik Simes (828) 250-4935 erik.simes@buncombecounty.org Exemption Legal Description Plat Reference 100=0 74C3 Deed Date: 06/18/2009 Deed: 009E-1145 Subdiv: Block: Lot: Section: Plat: 0000-0000 ASSESSMENT DETAILS Land Value $105,500 Building Value $175,200 Features $1,400 Total Appraised $282,100 Value Deferred Value $0 Exempt Value $0 Total Taxable $282,100 Value LAND INFORMATION ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN OPEN USE MULTIPLE RES 3.80 acres 74C3 $105,500 NO TRANSFER HISTORY TRANSFER DATE 2009-06-18 TRANSACTION PRICE $0 VALUE CHANGE HISTORY VALID SALE BOOK / PAGE DEED INSTRUMENT Not Qualified 9E-1145 WLL DATE OF VALUE EFFECTIVE TAX LAND BUILDING FEATURES NEW CHANGE YEAR REASON FOR CHANGE VALUE VALUE VALUE VALUE 2017-01-27 2017 RAPP REAPPRAISAL $102800 $161,100 $1,200 $265,100 NOTICE 2021-02-01 2021 RAPP REAPPRAISAL $105500 $175,200 $1,400 $282,100 NOTICE RECENT PERMIT ACTIVITY PERMIT DATE PERMIT TYPE PERMIT STATUS No items to display Data last updated: 06/03/2022 Buncombe County Assessment Property Record Search Buncombe County Assessment Property Record Search 968653477200000 CHARLOTTE HW` KEY INFORMATION JPL HOLDINGS LLC 315 CEDAR CREST DR, ASHEVILLE, NC, 28803 Total Appraised Value $160,100 Zoning OU Land Use Code RES 0-3 ACRES Fire District FFA Neighborhood Municipality Special District FAIE Present Use Appraisal Area Josh Houston 828-250-4940 josh.houston@buncombecounty.org Exemption Legal Description Deed Date: 01/08/1990 Deed: 1590-0300 Subdiv: Block: Lot: Section: Plat: 0000-0000 Plat Reference ASSESSMENT DETAILS Land Value $33,100 Building Value $124,500 Features $2,500 Total Appraised $160,100 Value Deferred Value $0 Exempt Value $0 Total Taxable $160,100 Value LAND INFORMATION ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN OPEN USE RES 0-3 ACRES 0.34 acres FAIE $33,100 NO TRANSFER HISTORY TRANSFER DATE 2021-09-20 TRANSACTION PRICE $29,000 VALUE CHANGE HISTORY VALID SALE BOOK / PAGE DEED INSTRUMENT Not Qualified 6122-823 SWD DATE OF VALUE EFFECTIVE TAX LAND BUILDING FEATURES NEW CHANGE YEAR REASON FOR CHANGE VALUE VALUE VALUE VALUE 2017-01-27 2017 RAPP REAPPRAISAL $32000 $90,800 $4,000 $126,800 NOTICE 2021-02-01 2021 RAPP REAPPRAISAL $33100 $124,500 $2,500 $160,100 NOTICE RECENT PERMIT ACTIVITY PERMIT DATE PERMIT TYPE PERMIT STATUS No items to display Data last updated: 06/03/2022 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 la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit X Section 404 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No 1d. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ 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 1g. 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: Fairview Mini -Storage 2b. County: Buncombe 2c. Nearest municipality / town: Fairview 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: AREP Fairview, LLC (Under Contract) 3b. Deed Book and Page No. 009E/1145; 6112/823 3c. Responsible Party (for LLC if applicable): 3d. Street address: 2820 Selwyn Avenue, Ste 618 3e. City, state, zip: Charlotte, NC 28209 3f. Telephone no.: (704) 910-7103 3g. Fax no.: 3h. Email address: joshua@appaloosarep.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater, and EnviroScience Company 5c. Street address: 145 7th Avenue West; Suite B 5d. City, state, zip: Hendersonville, North Carolina, 28793 5e. Telephone no.: (828) 698-9800 5f. Fax no.: 5g. Email address: jgolladay@enviroscienceinc.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 968653557600000; 968653477200000 lb. Site coordinates (in decimal degrees): Latitude: 35.52541 Longitude: -82.410029 lc. Property size: 4.13 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Cane Creek 2b. Water Quality Classification of nearest receiving water: C;Tr 2c. River basin: Upper 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: See additional information following the PCN form. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 190 3d. Explain the purpose of the proposed project: The purpose of the project is to authorize permanent stream impacts associated with the development of a new storage facility. 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 / project (including all prior phases) in the past? ❑ Yes X No ❑ Unknown Comments: See 4c and 4d. 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: Alpha Environmental Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Alpha Environmental delineated the project area in April 2022. The delineation was not submitted for Jurisdictional Determination. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes X No Unknown 5b. If yes, explain in detail according to "help file" instructions. 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 C. Proposed Impacts Inventory 1. Impacts Summary la. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Streams — tributaries 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 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT Cane Creek PER Corps 2.5 190 S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 3i. Comments: S1: Total Streambed Impact = 0.011 AC (190 L.F.) Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then 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 mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - 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 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed permanent stream impact and culvert length is the minimum necessary to provide access to the northern half of the property as well as sufficient paved area between buildings for vehicle access. The paved area between buildings is required to provide adequate turn radii for users of the facility and for emergency personnel. Additionally, due to site topography, the length of the proposed culvert is needed in order to catch the proposed fill to properly grade the site. See Appendix B for site photos. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The proposed culvert will be installed in the dry with all equipment operated from high ground. The applicant will adhere to erosion and sediment control standards necessary to protect downstream water quality. See Figure 5.0 for an site existing conditions map. See Figures 5.1 and 5.2 for the stream impact details. Refer to Figures 5.3 and 5.4 for pump around system details and culvert installation details. 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? No ❑ Yes X 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: 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 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes X No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes X No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 62.95 % 2b. Does this project require a Stormwater Management Plan? X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A Stormwater Management Plan for the project is to be reviewed by Buncombe County. Buncombe County is a delegated authority. The applicant plans to submit the Stormwater Management Plan for the Fairview Mini -Storage project to Buncombe County by June 30, 2022. 2e. Who will be responsible for the review of the Stormwater Management Plan? Buncombe County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Buncombe County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes X No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 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 (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes X No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 2b. Is this an after -the -fact permit application? ❑Yes X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes X No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed stream impacts will not result in additional development that could affect 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. Wastewater will be treated on site with new septic infrastructure. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Appendix A for the Threatened and Endangered Species Information. USFWS IPaC accessed 06/06/2022; North Carolina Natural Heritage Program Database accessed 06/06/2022. 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 06/06/2022 at https://www.habitat.noaa.gov/apps/efhmapper/?page=page_3. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ No X Yes 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed June 06, 2022. See additional information following PCN. 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: The project area is located outside of any FEMA designated floodplain. 8c. What source(s) did you use to make the floodplain determination? ClearWater consulted FEMA FIRM Panel 3700968600J (Eff. 01/06/2010). R. Clement Riddle Applicant/Agent's Printed Name 6/9/22 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 PCN Form Additional Information Section B.3a Project Description — Land Use The project area is an approximately 4.13-acre vacant lot. Currently, the site is primarily meadow with a history of agricultural use. The project area is bordered by residential properties to the north, commercial properties to the east and west, and Charlotte Highway and Fairview Elementary School to the south. An unnamed tributary (Class C;Tr) to Cane Creek bisects the center of the project area and runs approximately west to east. Most of the project site occupies upland slopes to the north and south of the unnamed tributary to Cane Creek. Section B.3e Project Description — Details The project will involve the construction of new storage buildings, attendant features, paved lot, and parking areas. Access to the facility will require construction of one new access drive that will enter the property from Charlotte Highway. The development of the storage facility will involve one permanent stream impact: Impact S1 - 190 L.F. (0.011 Ac) (See Figures 5.1 & 5.2). Impact S1 is associated with the installation of a 48" HDPE culvert in the unnamed tributary to Cane Creek. The proposed culvert will connect to an existing piped section of the stream near the western boundary of the project area. The proposed culvert is required to provide access to the northern half of the property, provide sufficient paved area between buildings for truck access and turn radii, as well as to provide adequate area to balance earthwork during grading activities. Development of the site will occur in a particular sequence, with the proposed culvert installation and piping of the stream to be completed before the installation of the proposed subsurface stormwater system (Figures 5.1 & 5.2). See Figure 5.3 for work -in -the -dry and pump around system details. See Figure 5.4 for embedded culvert details. Typical grading equipment (trackhoe, dozer, drum -roller, etc.) will be used during the development of the site and will be operated from high ground. Section F.7b. Historic or Prehistoric Cultural Resources — Sources One (1) historic site is located within 0.5-mile of the project site. The historic site is listed as the Dr. Cicero McAfee McCracken House (BN0525). This site is listed on the National Register. It is the opinion of ClearWater that project activities will not affect the above listed properties or any historic properties. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed June 06, 2022. Fairview Mini -Storage (+1- 4.13 AC) Wilson. Grovemont Swannanoa Project Boundary Fa i▪ rview a a/ C�a ` \ y, V4 \ / e er / /j ▪ 1 `O^aRa='� Gerton—r it- 67 gee /�Chestnut�Hill �Ns_\ G / ` 1 • Bearwallow ::/ ) J Goodluck Creek = - Drawn by: JMG Date; 06.06.22 CEC Project #16363 641 Buncombe County North Carolina CLearWater An EnviroScience Company 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 Vicinity Map Figure 1 Fairview Mini -Storage (+1- 4.13 AC) Buncombe County North Carolina CLearWater An EnviroScience Company 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USGS Topographic Map 1:24K; Oteen Quad Figure 2 Fairview Mini-Storage (+1- 4. 13 AC) L �T . + . ..'- - ,e--=44.-fr70.*--.4VfillriPtr.. ' , .. ..•...I.: -,.. It' ;,'3. -'1 ,;^. ft 0.. .,.. .....,;,,.,, •' • • ,. 4," :- ' 1 .- Ic.., ,,....,,A_:41'f,L1,--*'__-_1_ I - • _ -,: •':• ' :I,I.I.IIIIIti.k.i,.. II, . L____4 t•. 4•Project Boundary allk lit sri AI. ,. 1 ■ I ' Ioil I 1 1. rs 1 �t I i.' 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I...:'.., o' .i - 7Z7 Y 1 q, i- 1 i •.• Al, nu fr x / i r - R,/ it 1'. - i Ux I, rrt ---- 4i ,i. i s . ._ . rr'''‘I 1——I Project Boundary 1 USDA Soil Type -- CuD: Clifton-Urban land complex, 15 to 30 percent slopes • 1I ! TmC: Tate-Urban land complex,8 to 15 percent slopes I - Ux: Urban land ' * ' , I - - •• IIL.� -- - - -- 1 I 0 75 150 300 :ram_ _ a Feet _ - --— — I cy--� 06.06.22(§R§Project#16363 - - r LrOSCJLPanYUSDA Soils Map Buncombe County North Carolina 145 7th Ave West,Suite B NRCS Web Soil Survey Hendersonville,North Carolina 28792 Figure 4 6/ /2022 10. Storage \ DWG \Stream Impact F:\USERS\Jared\Fair EXISTING 18" HDPE STORMWATER PIPE EXISTING 4" P STORMWATER PI EXISTING STORMWATE 42" RCP INLET 48" HDPE OUTLET ° EXISTING SEGME TAL BLOCK RETAINING AL-L • Figure 5.0 Existing Conditions WGLA Engineering WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA. COM NC LICENSE P-1342 0, \\111111i///// N CqR Pre _ < °0:17 NofFor FAIRVIEW MINI STORAGE STREAM IMPACT EXHIBIT FARIVEW, BUNCOMBE CNTY NORTH CAROLINA 44416n L. DER\\ \\\�: 111111��� EXHIBIT 2 EXISTING CONDITIONS Job #: 22117 Date: 6-7-22 Scale: 111=120' 3-4.dwg, 6 7 2022 10.33.27 Storage\DWG \Stream Impact F. AUSERS\Jared \Fair EXISTING 18" HD STORMWATER PIPE EXISTING 4" PVC STORMWATER PIPE EXISTING STORMWATER PIPE 42" RCP INLET 48" HDPE OUTLET INTERCEPT EXISTING 48" HDPE STORMWATER PIPE WITH CONCRETE JUNCTION MANHOLE EXISTING SEGMENLAL BLOCK RETAINING WALL Figure 5.1 Impacts Overview WGLA Engineering of oe 0,0 141 I ill la k c.,,,fo II A Pi II� PR91P0 WATER "SER WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA. COM NC LICENSE P-1342 PROPOSED CURB AND GUTTER (TYP) PROtpSED STORAGE BUILDI:K (TYP) PROP SED SUBSURFACE STORMWATER SYSTEM PROPOSED 48" HDPE STORMWATER PIPE EXISTING STREAM PROPOSED PRECAST NCRVE ENDWALL PROPOSED PERMANENT STREAM IMPACT #1 TO NON -WETLAND WATERS (UNNAMED TRIBUTARY TO CANE CREEK) (0.011 AC ±, 190 LF ±) X TING PROPERTY BOU1QDARY (TYP) PROPOSED SEPTIC DRAIN FIELD f \\01in11110i Pit* Ar-Y NotEFOr CiOn L. DE\\\\�. FAIRVIEW MINI STORAGE STREAM IMPACT EXHIBIT FARIVEW, BUNCOMBE CNTY NORTH CAROLINA EXHIBIT 3 PROPOSED CONDITIONS Job #: 22117 Date: 6-7-22 Scale: 1"=120' 3-4.dwg, 6 7 2022 10.33.58 AM, Storage\DWG \Stream Impact F. AUSERS\Jared \Fair EXISTING 18" .. STORMWATER PIPE 1 EXISTING 4" PVC STORMWATER PIPE EXISTING STORMWATER PIPE 4,2 RCP INLE PE OUTLET INTERCEPT EXISTING 48" HDPE STORMWATER PIPE WITH CONCRETE JUNCTION MANHOLE EXISTING SEGMENTAL BLOCK RETAINING WALL Figure 5.2 Impacts Detail WGLA Engineering PROPOSED CURB AND GUTTER (TYP) ROPOSED STORAGE BUILDING (TYP) PROPOSED SUBSURFACE RMWATER SYSTEM SED 48" HDPE WATER PIPE XISTING STREAM PROPOS PRECAST CONCRETE ENDWALL RMANENT CT #1 TO D WATERS UNNA 1 TRIBUTARY CAN REEK) (0.011 AC ±, 190 LF ±) EXISTING PROPERTY BOUNDARY (TYP) `:\0N CAR° /'% 12** Ary Not EFOr Coon L. DE\\\\�. WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA. COM NC LICENSE P-1342 FAIRVIEW MINI STORAGE STREAM IMPACT EXHIBIT FARIVEW, BUNCOMBE CNTY NORTH CAROLINA EXHIBIT 4 PROPOSED CONDITIONS Job #: 22117 Date: 6-7-22 Scale: 1"=50' 6 7 2022 9.30.40 AM, Storage\DWG\Stream Impact F. AUSERSVared\Fair STREAM PIPING CONSTRUCTION SEQUENCE 1. INSTALL PERIMETER EROSION CONTROL DEVICES AS SHOWN ON APPROVED EROSION CONTROL PLANS. 2. PREPARE PUMP SYSTEM FOR USE 3. INSTALL INLINE STORMWATER MANHOLE (MANHOLE TO BE PROVIDED WITH REMOVABLE BAFFLE WALL TO PREVENT WATER FROM REACHING OUTLET). 4. INSTALL PUMP SYSTEM PULLING WATER FROM INSIDE NEWLY INSTALLED MANHOLE. 5. INSTALL PROPOSED STORMWATER PIPE. 6. REMOVED BAFFLE WALL. 7. REMOVE PUMP SYSTEM. PROPERTY LINE STREAM FLOW PORTION OF EXISTING STORMWATER PIPE TO REMAIN PROPOSED PRECAST CONCRETE JUNCTION MANHOLE INLINE W/ EXISTING PIPE PORTION OF EXISTING STORMWATER PIPE TO BE REMOVED Figure 5.3 Pump Around System Detail WGLA Engineering PUMP PUMP FLOW PROPOSED 48" HDPE STORMWATER PIPE PROPOSED PRECAST CONCRETE HEADWALL (PIPE OUTLET TO BE PLACED 1' BELOW RECEIVING STREAM BED) STREAIV PIPING PLAN VIEW N.T.S. PROPERTY LINE \\\\\ill I PSI ;oily Not E.FOi 444ion L. DE0) WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA. COM NC LICENSE P-1342 FAIRVIEW MINI STORAGE STREAM IMPACT EXHIBIT FARIVEW, BUNCOMBE CNTY NORTH CAROLINA EXHIBIT 5 PIPING DETAILS Job #: 22117 Date: 6-7-22 Scale: AS NOTED 6 7 2022 9.30.54 AM, Storage\DWG\Stream Impact F. AUSERS\Jared \Fair PROPERTY - LINE PROPOSED PRECAST CONCRETE JUNCTION MANHOLE INLINE W/ EXISTING PIPE PORTION OF EXISTING STORMWATER PIPE TO REMAIN Figure 5.4 Culvert Installation Detail WGLA Engineering PROPOSED ASPHALT DRIVE ISLE PROPOSED 48" HDPE STORMWATER PIPE STREAIV PIPING PROFILE VIEW N.T.S. PROPERTY LINE PROPOSED RETAINING WALL STREAM BED PROPOSED PRECAST CONCRETE HEADWALL (PIPE OUTLET TO BE PLACED 1' BELOW RECEIVING STREAM BED) `:\0N CAR°//'% Pre ,10147 Not E.FOi Co ion L. DE0) WGLA ENGINEERING, PLLC 724 5th AVENUE HENDERSONVILLE, NC 28739 (828) 687-7177 WGLA. COM NC LICENSE P-1342 FAIRVIEW MINI STORAGE STREAM IMPACT EXHIBIT FARIVEW, BUNCOMBE CNTY NORTH CAROLINA EXHIBIT 6 PIPING DETAILS Job #: 22117 Date: 6-7-22 Scale: AS NOTED Fairview Mini-Storage (+1- 4. 13 AC) \\, 1_ �Project Boundary II ' � I } iI I ;7-1 Project Boundary FEMA Flood Zones 100-Year Floodplain Minimal Flood Hazard Area (Zone X) 0 500 1,000 2,000 Feet -DEEm c lgi . -606.06.229EGProject#16363 CLearWater FEMA Flood Zone Map Buncombe County, An EnviroScience Company FIRM Panel: 3700968600J North Carolina 145 7th Ave West,Suite B (Eff. 01/06/2010) Hendersonville,North Carolina 28792 Figure 6 Appendix A: Federally Protected Species Information and Habitat Assessment Roy Cooper, Governor • ■■■ ■■ • NC DEPARTMENT OF tt ■ ■ ■W.. NATURAL AND CULTURAL RESOURCES • ■■■ June 6, 2022 ClearWater, an EnviroScience Company ClearWater, an EnviroScience Company 145 7th Avenue West Hendersonville, NC 28792 RE: Fairview Mini -Storage 16363 Dear ClearWater, an EnviroScience Company: D_ Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-18180 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: https://www.fws.gov/offices/Di rectory/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 rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES C) 121 W. JONES STREET. RALEIGH, NC 27603 • 1051 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC 919.707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Fairview Mini -Storage Project No. 16363 June 6, 2022 NCNHDE-18180 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Group Common Name Element Accuracy Observation Occurrence Date dm Rank Federal State Status Status i Global State Rank Rank Crustacean 40824 Cambarus reburrus French Broad River 2020-06-22 Crayfish E 3-Medium Significantly Rare G3 S2 Dragonfly or 33442 Calopteryx amata Superb Jewelwing Damselfly 2004-Pre No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area H? 5-Very Low Significantly Rare G5 S1S2 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on June 6, 2022; source: NCNHP, Q1, April 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 June 6, 2022 ▪ Buffered Project Boundary • Project Boundary NCNHDE-18180: Fairview Mini -Storage Sources: Esri, Airbus DS. USGS. NGA. NASA, CGIAR. N Robinson. NCEAS, NLS, OS, NMA, Geodatastyrelseo, Rijkswaterstaat, GSA, Geoland, FEMA, Intermap and the GIS user community Sources: Esri, HERE, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors, and the GIS User Community Page 3 of 3 x 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 In Reply Refer To: Project Code: 2022-0050432 Project Name: 16363 - Fairview Mini -Storage June 06, 2022 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 enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. 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 (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be 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)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 06/06/2022 2 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: hops://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 06/06/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/06/2022 2 Project Summary Project Code: 2022-0050432 Event Code: None Project Name: 16363 - Fairview Mini -Storage Project Type: New Constr - Above Ground Project Description: Construction of a new storage facility. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.5253722,-82.40999620526026,14z L ,Itrsf4wY 1.7 Counties: Buncombe County, North Carolina 06/06/2022 3 Endangered Species Act Species There is a total of 9 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 Fisheriesl, 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://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME Threatened STATUS Bog Turtle Glyptemys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Clams NAME Similarity of Appearance (Threatened) STATUS Appalachian Elktoe Alasmidonta raveneliana There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5039 Endangered 06/06/2022 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1728 White Irisette Sisyrinchium dichotomum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8097 Lichens NAME Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Candidate STATUS Endangered Threatened Endangered STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 06/06/2022 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 06/06/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. hops://ecos.fws. gov/ecp/species/1626 Bobolink Dolichonyx oryzivorus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Sep 1 to Aug 31 Breeds May 20 to Jul 31 06/06/2022 2 NAME Canada Warbler Cardellina canadensis This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Golden -winged Warbler Vermivora chrysoptera This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. https://ecos.fws.gov/ecp/species/8745 Kentucky Warbler Oporornis formosus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. BREEDING SEASON Breeds May 20 to Aug 10 Breeds May 1 to Jul 20 Breeds Apr 20 to Aug 20 Breeds May 1 to Jul 31 Breeds May 10 to Sep 10 Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 06/06/2022 3 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. SPECIES Bald Eagle Non -BCC Vulnerable Bobolink BCC Rangewide (CON) Canada Warbler BCC Rangewide (CON) Golden -winged Warbler BCC Rangewide (CON) probability of presence breeding season 1 survey effort — no data JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +++ t++t + ++ ++++ ++++ ++++ ++I+ +#�+ ++�■ ■■� +—�+ • 11 1II11F ■■ +; 1 1 1 1 1 1 1 1-++ ---- +—�+ ++++ ++++ ++++ +III 1111 II++ ++++ ---- +-�+ ■■ ■■■V -- .— II 'f 1 1 1 1 1 1 1 1 1 111 +++1 1111 ++++ ---- +—�+ 06/06/2022 4 Kentucky Warbler BCC Rangewide (CON) Prairie Warbler BCC Rangewide (CON) Red-headed Woodpecker BCC Rangewide (CON) Wood Thrush BCC Rangewide (CON) Mr - +- - + +++ ++++ ++++ ++++ +++1 A11+ I+++ ++++ .• •••k - +---- +++-- ++++ - i 1 1 1 1 1 1 1 1 1 i++++ +++11111 ++++ - +-. - +++- I+++ ++++ +111 nil Ili. 1111 II+' ++++ - +--- +++- ++++ +111111111111111 +1111111 I+++ Additional information can be found using the following links: • Birds of Conservation Concern hops://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds hops://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. 06/06/2022 5 Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides 06/06/2022 6 birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 06/06/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • Riverine 06/06/2022 2 IPaC User Contact Information Agency: Name: Address: Address Line City: State: Zip: Email Phone: ClearWater, an EnviroScience Company Jeff Golladay 145 7th Avenue West 2: Suite B Hendersonville NC 28792 jgolladay91@gmail.com 8286989800 Appendix B: Photolog 'N - ",'44 1 il a ha 8og11g0g2 Og:2° 7 vi,t -,,,,,,.-.0.. tt:k7aitialoto.,,, 5. Photo 1. Typical view of stream to be piped within project area. View east. ,�+. + � _ w , 1,� 1 w k �� . }ter x - .,*4 '-- ''''''.1 , , ''., iN 40-,.. ,-IC":.',--if..'-,,,'''..'t;''''''C4 ..,,,,,„", t• ^--%-:,./t , rz 4V .,r_ ,1„.4; .„, 1,,,,,,,,.4zo., _� art.` . §t _- s. r k J4 : , ,mow ,, q' ..c6 •-•'"''' i-,.,'4- i , '•;444: „0,..../ '4..71- of ie. �. °p t s ,.” P. '4 za .A xw. ,..y6 e i9 jl Photo 2. View of existing piped section of stream entering the project site western boundary.