HomeMy WebLinkAbout20221068 Ver 1_401 Application_20220808Staff Review Form
NORTH CAROLINA
Envlronm¢ntcl Qvofiry
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20221068
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:
7/8/2022
Project Contact Information
Name:
Jeff Golladay
Who is submitting the information?
Email Address: jolladay@enviroscienceinc.com
Project Information
Project Name: CDMAT, LLC Storage Addition
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
08.08.22_AAA Storage_NWP 39 & 401 Cert
Application.pdf
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
5.4 M B
Please find attached the NWP 39 application and Individual 401 Water Quality Certification request for the
CDMAT, LLC Storage Addition (AAA Storage World) project in Hendersonville, Henderson County, NC.
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
August 08, 2022
David Brown
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
RE:
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
CDMAT, LLC Storage Addition (+/- 2.25 Acres)
NWP 39 Application & Individual Water Quality Certification Request
Henderson County, North Carolina
Dear Mr. Brown and Mr. Wojoski,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of CD -MAT, LLC;
represented by Matthew Dorn. The project is located on Henderson County Parcel Index Number
9579756816. The site is accessed from Sugarloaf Road in Hendersonville, North Carolina. The
applicant is seeking a Nationwide Permit 39 and Individual 401 Water Quality Certification to
authorize permanent wetland and stream impacts associated with additions to an existing storage
facility.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish
and Wildlife Service; and Mr. Andrew Moore, NCDEQ Division of Water Resources.
Sincerely,
Jeff Golladay
Biologist
R. Clement Riddle, P.W.S.
Principal
Copy issued:
NC Wildlife Resources Commission — Andrea Leslie
USFWS Asheville Field Office — Byron Hamstead
NCDEQ Division of Water Resources Asheville Office — Andrew Moore
145 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel
Preliminary Data Entry Fields for New Actions
SAW —
1.
Project Name: CDMAT, LLC Storage Addition
2. Work Type: Private n Institutional n Government n Commercial n
3. Project Description / Purpose:
NWP 39 application and 401 water quality certification request for a +/- 2.25 acre tract.
4. Property Owner / Applicant:
CD -MAT, LLC (Attn: Matthew Dorn)
5. Agent / Consultant: ClearWater, an EnviroScience Company
6. Related Action ID Number(s): SAW-2021-02606
7. Project Location - Coordinates, Street Address, and/or Location Description:
Sugarloaf Road, Hendersonville, NC 28731; 35.338716, -82.428909
8. Project Location - Tax Parcel ID: 9579756816
9. Project Location — County: Henderson
10. Project Location — Nearest Municipality or Town :
Hendersonville
11. Project Information — Nearest Waterbody: Camp Branch
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
CLearWater
An EnviroScisnce Company
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. Wcbscape 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:
Property Owner Address:
Phone Number:
Email address:
Property Location: 7 gD C,36-flj 14-0 s.„... (to z 1N(_ 1 k7`12.
Owner/Managing partner Signature: M
Owner/Managing printed name: ! l I ,Lw )(Li n
Date: 12 ' 2 3— z /
r ffi lk1 LL-
117 Cr � c2.6
2g-2413-C)Qc
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone: 828-698-9800
www.ewenv.com
Henderson County, NC Tax Parcel Report Tuesday,June 28,2022
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WARNING:THIS IS NOT A SURVEY
Parcel Information
REID: 10008487 Pin: 9579756816
Listed to: CD-MAT LLC Neighborhood: DANA(A)
Mailing Address: 847 TRACY GROVE RD Township: Hendersonville
Mailing City,State,Zip: FLAT ROCK, NC 28731 Municipality:
Physical Address: 780 SUGARLOAF RD Tax District: DANA FIRE
Deed: 003921/00409 Plat: 2022 14000
Date Recorded: 2022-06-02 11:04:00.0 Elementary School District: SUGARLOAF
Revenue Stamps: 1,520 Middle School District: APPLE VALLEY MIDDLE
County Zoning: Cities High School District: NORTH HIGH
Property Description: RECOMBINATION 2.48 ACRES TR1 Soil: Tate fine sandy loam,2 to 7
PL2022-14000 percent slopes
Map Sheet: 9579.02 Voting Precinct: Moores Grove
Assessed Acreage: 2.25000000 Commissioner District 1
Building Value: $0.00 Agricultural District None Found
Land Value: $0.00 North Carolina House District 117
Value To Be Billed: $0.00 U.S.House District 11
North Carolina Senate District 48 Flood Zone: Zone X, Not Shaded(Areas
outside of the floodplain)
THIS IS NOT A SURVEY.
Henderson County
,_`� Geographic Information Systems(GIS) All information or data provided,whether subscribed,purchased or otherwise distributed,whether in hard copy or digital
I"
�ll 200 North Grove Street media,shall be at the usera€T"'s own risk.Henderson County makes no warranties or guarantees,including the warranties of
Hendersonville,NC 28792 merchantability or of fitness for a particular purpose.Map data is not appropriate for,and is not to be used as,a geodetic,
P:(828)698-5124 legal,or engineering base system.The data is not intended as a substitute for surveyed locations such as can be determined
F:(828)698-5122 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).
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:
CDMAT, LLC Storage Addition
2b. County:
Henderson
2c. Nearest municipality / town:
Hendersonville
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
CD -MAT LLC
3b. Deed Book and Page No.
003921/00409
3c. Responsible Party (for LLC if
applicable):
Matthew Dorn
3d. Street address:
847 Tracy Grove Road
3e. City, state, zip:
Flat Rock, NC 28731
3f. Telephone no.:
(828) 243-9100
3g. Fax no.:
3h. Email address:
dennisdornams@hotmail.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:
Jeff Golladay
5b. Business name
(if applicable):
ClearWater, an EnviroScience Company
5c. Street address:
145 7th Avenue W; Suite B
5d. City, state, zip:
Hendersonville, NC, 28792
5e. Telephone no.:
828-698-9800
5f. Fax no.:
N/A
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):
9579756816
lb. Site coordinates (in decimal degrees): Latitude: 35.338716 Longitude: -82.428909
lc. Property size:
2.25 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Camp Branch
2b. Water Quality Classification of nearest receiving water:
Class B
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:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
3d. Explain the purpose of the proposed project:
The purpose is to construct new storage units for the expansion of an existing 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?
X Yes ❑ No ❑ Unknown
Comments.
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
X Preliminary Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clearwater
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
The preliminary jurisdictional determination was issued on February 28, 2022 and is included in Attachment A of the application.
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 were completed below
for your project (check all that apply):
❑ Buffers ❑ Open Waters ❑ Pond Construction
X Wetlands 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 P
Fill
Man -Made Ditch
No
Corps
0.02
W2 P
Fill
Man -Made Ditch
No
Corps
0.002
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:
0.022
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 Camp Branch
PER
Corps
4
108
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
3i. Comments:
Stream Impact S1 = 0.010 AC Streambed (108 LF)
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 wetland and stream impacts are the minimum necessary to provide sufficient area for the proposed building pads as well as 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. The proposed culvert also replaces 24 LF of existing culvert.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The culvert will be installed in the dry and all equipment will be operated from high ground. The applicant will adhere to erosion and sediment control
standards necessary to protect downstream water quality. See Figures 5.0 for aquatic resource impact details. Refer to Figures 5.1 and 5.2 for 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 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
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 ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
79
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:
The proposed project is subject to review by the City of Hendersonville. The stormwater management plan was been submitted to the City of
Hendersonville August 01, 2022. The City of Hendersonville is a Phase 2 Delegated Authority.
2e. Who will be responsible for the review of the Stormwater Management Plan?
City of Hendersonville
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Hendersonville
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 X No
4. DWQ Stormwater Program Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
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 ❑ 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 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.
This project will not generate wastewater.
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 Threatened and Endangered Species Review and Habitat Assessment in Attachment B.
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 07/26/2022 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
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
❑ Yes
X No
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: 3700957900J (eff. 10/02/2008). See Figure 6.
Jeff Golladay
Applicant/Agent's Printed Name
22,6,c9-leet.elai_
08-08-2022
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 site covers approximately 2.25 acres and was recently in use as a yard and storage area
for a landscaping business. The site is bordered by AAA Storage World to the west, Sugarloaf Road
and commercial businesses to the north, commercial businesses and residential properties to the
east, and vacant agricultural land to the south. One linear wetland -ditch originates near the center of
the site and extends to the south where it terminates in an unnamed tributary to Camp Branch (Class
B) .
Section B.3e Project Description — Details
The project will involve the construction of new storage buildings, attendant features, paved lot,
and parking areas as an addition to the neighboring AAA Storage World. The development of the
storage facility will involve two permanent wetland impacts and one permanent stream impact.
Wetland Impacts W1 (0.020 AC) and W2 (0.002 AC) are required to provide sufficient area for
new building pads and to adequate area to balance earthwork during grading activities. Stream
Impact S1 (108 L.F. [0.010 Ac]) is associated with the installation of a 36" culvert pipe in the
unnamed tributary to Camp Branch. The pipe includes the replacement of 24 L.F. of existing pipe
and will be 132 L.F. in total length. The proposed culvert is required to provide access to the
southwest corner of the property as well as to provide adequate area to balance earthwork during
grading activities. Please refer to Figure 5.0 for aquatic resource impact details. Refer to Figure
5.1 and 5.2 for culvert installation details, work -in -the -dry details, and coffer dam 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.5d Endangered Species and Designated Critical Habitat — Sources
See Attachment B for entire Threatened and Endangered Species Habitat Assessment.
During the threatened and endangered species habitat assessment for the AAA Storage World site,
conducted by ClearWater biologists on February 18, 2022, ClearWater did not observe potentially
suitable habitat for any of the above listed threatened or endangered species. Potential flora were
identified to the taxonomic unit level necessary to determine if the observed specimen was a
protected species.
It is of the opinion of ClearWater that the development of the AAA Storage World project is not
likely to adversely affect any of the threatened or endangered species listed for Henderson
County.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
One historic site is located within 1.0 mile of the project site. The listed site is Camp Orr (Camp
Pinewood; HN1905). The listed historic site is approximately 0.6-mile southwest of the project site
and across Interstate 26. It is the opinion of ClearWater that project activities will not affect any
historic properties. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed
July 26, 2022.
AAA Storage (+1- 2.25 AC)
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Henderson County,
North Carolina
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An EnviroSsience Company®
145 7th Ave West, Suite B
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Gap p -Ra
Edneyville
Saconon
Vicinity Map
Figure 1
AAA Storage (+1- 2.25 AC)
Aiaw bn y:.JMG Date; 07.27.22 CW-Projects#1238
Henderson County,
North Carolina
[LearWater
An EnviroSoience Company
145 7th Ave West, Suite B
Hendersonville, North Carolina 28792
USGS Topographic Map
1:24K; Hendersonville Quad
Figure 2
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Henderson County, An EnviroScience Company®
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Hendersonville,North Carolina 28792 Figure 3
AAA Storage (+1- 2.25 AC)
_ _1 Parcel Boundary
USDA Soil Type
7 HyC: Hayesville loam, 7 to 15 percent slopes
TeB: Tate fine sandy loam, 2 to 7 percent slopes
Henderson County,
North Carolina
[LearWater
An EnviroScience Company®
145 7th Ave West, Suite B
Hendersonville, North Carolina 28792
USDA Soils Map
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Figure 4
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JOB NUMBER:
22203
131
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I HEREBY CERTIFY THAT THIS
FLAN AND SPECIFICATION WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT
I AM A DULY REGISTERED
ARCHITECT OR ENGINEER UNDEF
THE LAWS OF THE STATE OF
NORTH CAROLINA AS SIGNIFIED
BY MY HAND AND SEAL.
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SCALE: I" = 40'
DATE: 08/03/22
DRAWN BY: BSIR
CHECKED BY: DWO
PROJECT MG.: BSIR
SHEET:
3 of I OA
Figure 5.1
Culvert Installation Details
EXISTING CREEK
EXISTING CREEK
EXISTING CREEK BANK
THIS PLAN IS A PRELIMINARY
DESIGN -NOT RELEASED FOR
CONSTRUCTION UNLESS
INITIALLED/DATED AS APPROVED
APPROVED:
INITIALS DATE
Odom
Engineering
PLLC
169 Oak Street, Forest City, N.C. 28043
ph: 828.247.4495 fax: 828.247.4498
NC Firm#: P-0880
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JOB NAME: CDMAT, LLC STORAGE ADDITION
LOCATION: SUGARLOAF RD
HENDERSONVILLE, NC
SCALE: NTS
DRAWN BY: BSR
DATE: O8/O3/22
CI1ECKED BY: DWO
PROJECT MGK: BSR
PROJECT NUMBER
SHEET
LDESCRIPTION:
CREEK CROSSING DETAIL
22203
1 OF 20
Figure 5.2
Culvert Installation Details (Cont.)
NOTE: CULVERT INSTALLATION TO BE
COMPLETED DURING PERIODS WHERE
RAIN IS NOT EXPECTED
MATT & SEED SLOPE
AFTER COMPLETION
EXISTING CR
10'
PLAN VIEW
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BELOW EXISTING CREEK BED ON
INLET AND OUTLET SIDES.
STREAM
CULVERT
PROFILE VIEW
CULVERT
CREEK CROSSING SECTION DETAIL
N.T.S.
CREEK BED PIPE CONSTRUCTION SCHEDULE
A -A DETAIL
PRECAST
HEADWALL
\\
CONTRACTOR TO ENSURE COFFER
DAM HEIGHT IS 1' ABOVE
BASE FLOW ELEVATION
R EK BED
\\\
EXCAVATE UNSUITABLE SOIL AND
REPLACEWITH COMPACTED ABC
STONE -ENSURE A MINIMUM OF
8" COMPACTED ABC STONE.
1. Obtain erosion control plan approval and other applicable permits from Army Corps of Engineers and NCDWQ.
2. Install temporary creek diversion piping.
3. Install upstream coffer dam.
4. Install downstream coffer dam.
5. Excavate area for culvert as needed and install compacted ABC stone.
6. Install headwalls and new culvert. Ensure that inlet and outlet of the culvert is 2" below existing creek bed.
7. Backfill area over culvert.
8. Bank must be stabilized with s 75 matting and seeding
9. Remove downstream coffer dam.
10. Remove upstream coffer dam and temporary diversion piping and redirect stream thru new culvert.
11. upon temporary pipe removal side slopes shall be compacted with acceptable fill soil and covered with coconut matting
for DNR wild life purpose.
THIS PLAN IS A PRELIMINARY
DESIGN -NOT RELEASED FOR
CONSTRUCTION UNLESS
INITIALLED/DATED AS APPROVED
APPROVED:
INITIALS DATE
Odom
Engineering
PLLC
169 Oak Street, Forest City, N.C. 28043
ph: 828.247.4495 fax: 828.247.4498
NC Firm#: P-0880
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JOB NAME: CDMAT, LLC STORAGE ADDITION
LOCATION: SUGARLOAF RD
HENDERSONVILLE, NC
0
SCALE: NTS
DRAWN BY: BSR
DATE: O8/O3/22
CI1ECKED BY: DWO
PROJECT MGK: BSR
PROJECT NUMBER
SHEET
DESCRIPTION:
CREEK CROSSING DETAIL
22203
2OF2A
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Henderson County, An EnviroScience Company@ FIRM Panel: 3700957900J
North Carolina 145 7th Ave West,Suite B (Eff. Date: 10/02/2008)
Hendersonville,North Carolina 28792 Figure 6
Attachment A:
Preliminary Jurisdictional
Determination
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2021-02606 County: Henderson U.S.G.S. Quad: Hendersonville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: Thomas Thompson
Address: P.O. Box 563
Dana, NC 28724
Telephone Number: 828-693-4068
Email: thomashthompson@bellsouth.net
Size (acres): 18.76
Nearest Waterway: UTs Devils Fork
River Basin/HUC: Upper French Broad (06010105)
Nearest Town: Hendersonville
Coordinates: 35.33652, -82.43042
Location description: The site is located on a tract of land (PINS 9579-75-3259 and 9579-64-6536) at 524 E. Prince
Road and 780 Sugarloaf Road in Hendersonville, Henderson County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters, including wetlands, on the above described property, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently
accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation
process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory
mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD
will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are
jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD,
which is an appealable action, by contacting the Corps district for further instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely
an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area,
which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have
the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33
USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation
that can be verified by the Corps.
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at
828-271-7980, ext. 4232 or david.w.brown@usace.army.mil.
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S. at this site were verified by the Corps during a site inspection on January 26, 2022, and
are as approximately depicted on the attached Stream and Wetland Map, Figure 5, submitted by ClearWater
Environmental Consultants, Inc.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries
and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in
this request. This delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of
the Food Security Act of 1985, as amended. If you or your tenant are USDA program participants, or anticipate participation
in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service
center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
OR
philip.a.shannin@usace.army.mil
2
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by, N/A (preliminary jurisdictional
determination).
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
David Brown
Issue Date of JD: February 28, 2022
Expiration Date: N/A preliminary jurisdictional determination
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 our Customer Satisfaction Survey, located online at https://regulatory.ops.usace.army.millcustomer-
service-survey/
Copy Furnished (by email):
ClearWater Environmental Consultants, Inc., Jeff Golladay, jell@cwenv.com
3
DocuSign Envelope ID: 8160FCD9-E550-4130-ACD4-FAECCOED810E
Housing Assistance and AAA Storage (+1- 18.76 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 CiearWater
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 dosing 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 predse 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: Parcel & Contour Data - Henderson County;
Aerial Imagery - NC OneMap
Potential Wetland j; ! i i, ``'. wg
Waters of the US I 1
4•.. • <�
WB - 0.006
1
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•
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Potential Wetland
Waters of the US
WF - 0.120 Ac
Potential Wetland
Waters of the US
WE-0.016Ac r'
Potential Wetland
Waters of the US
WD-0.012Ac
5 /
l'otenlial Welland
WWamrs of the US i
VAC • 0.003 4c + t
Potential Wetland
Waters o' the US
dA- V C' 4 Ac
' ' Potential Non -Wetland
'y �/ Waters of the US
SA-1,615 L.F. (0.130 Ac)
Henderson County,
North Carolina
CLearWater
An ErwLuScion ., Company.
145 7th Ave West, Suite B
Hendersonville, North Carolina 28792
r
Potential Wetland
j Waters of the US
WG - 0.001 Ac
-i1 Potential Non -Wetland
Waters of the US
SC- 21 L.F. (0.001 Ac)
Potential Non-WeIlard
Waters at the US
SB • 651 L.F (0 059 Ac
* Data Point
Wetland
Stream
Culvert
Project Boundary
2 ft. Contours
Potentially Jurisdictional Waters of the US
Stream
Wetland
Linear'
Feet
Acres
(stream bed)
Acres
SA
1615
0.130
WA
0.014
SB
651
0.059
WB
0.006
SC
21
0.001
WC
0.003
WD
0.012
WE
0.016
WF
0.1201
WG
0.001
Total 12,287
I
0.I90
Total
0.172
Stream and Wetland Map
Delineated 10.29.21 & 11.02.21
Figure 5
Attachment B:
Federally Protected Species Information
and Habitat Assessment
AAA Storage World Addition
Approximately 2.25 Acres
Henderson County, NC
Threatened and Endangered Species Habitat Assessment
Prepared For
CD -MAT, LLC
847 Tracy Grove Road
Flat Rock, NC 28731
Prepared By
ClearWater, an EnviroScience Company
145 7th Avenue W
Suite B
Hendersonville, NC 28792
August 08, 2022
Table of Contents
1.0 INTRODUCTION 1
2.0 METHODOLOGY 1
3.0 HABITAT ASSESMENT 2
3.1 Maintained Yard -Gravel Lot 2
3.2 Headwater Wetland 3
3.3 Headwater Forest 3
3.4 Stream 3
3.5 Soils 3
4.0 PROTECTED SPECIES 4
4.1 Appalachian Elktoe 4
4.2 Bald Eagle 4
4.3 Bog Turtle 5
4.4 Bunched arrowhead 6
4.5 Gray Bat 6
4.6 Mountain Sweet Pitcher Plant 7
4.7 Northern Long-eared Bat 7
4.8 Small -whorled Pogonia 8
4.9 Swamp Pink 8
4.10 White Irisette 9
5.0 CONCLUSION AND RECOMMENDATIONS 9
6.0 REFERENCES 11
List of Tables
Table 1: US Fish and Wildlife Service IPaC - Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
List of Figures
Figure 1: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: Study Area Map
Figure 4: NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data
Appendix B: Photolog
ClearWater, an EnviroScience Company Page ii
Project #1238 AAA Storage World
1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species habitat assessment for the proposed AAA Storage site expansion. The project area
is approximately 2.25-acres and is comprised of gravel lots, maintained lawn, and a
wetland -ditch complex. The tract is in Hendersonville, Henderson County, North Carolina
(Figure 1). The project area ranges in elevation from 2158 feet to 2192 feet above mean
sea level (MSL) (Figure 2).
The threatened and endangered species habitat assessment was conducted to determine
the potential for federally listed threatened and endangered flora and fauna to occur within
the project boundary (Figure 3). Completion of this survey was directed by and complies
with three current state and federal regulations: the Federal Endangered Species Act of
1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect.
113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979
(N.C.G.S. Sect. 19b 106: 202.12-22).
2.0 METHODOLOGY
The threatened and endangered species habitat assessment was conducted on February
18, 2022, by ClearWater, an EnviroScience Company (ClearWater).
An official species list was obtained through the US Fish and Wildlife Service (FWS)
Information and Planning and Consultation tool (IPaC) on February 11, 2022. This species
list provides existing data concerning the presence or potential occurrence of threatened or
endangered species in the defined project boundary (Appendix A). The FWS lists nine (9)
federally threatened and endangered species, in addition to the bald eagle, as potentially
occurring within the project boundary.
USFWS IPaC generated Official Species List for federally protected species listed as
potentially occurring within the project boundary.
Common Name
Scientific Name
Status
Bald eagle
Heliaeetus leucocephalus
BGPA'
Gray bat
Myotisgrisescens
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Bog turtle
Clemmys muhlenbergii
Similarity of
Appearance
(Threatened)
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bunched Arrowhead
Sagittaria fasciculata
Endangered
Mountain Sweet Pitcher -plant
Sarracenia rubra spp. jonesii
Endangered
Small whorled pogonia
Isotria medeoloides
Threatened
Swamp Pink
Helonias bullata
Threatened
White Irisette
Sisyrinchium dichotomum
Endangered
A database search from the NC Natural Heritage Program (NHP) dated February 11, 2022,
provided existing data concerning the presence or potential occurrences of federal and
state listed species in Henderson County, North Carolina within one mile of the site
(Appendix A).
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Project #1238 AAA Storage World
Page 1
The NHP indicates an occurrence of mountain sweet pitcher plant within one mile of the
project site. The occurrence is ranked as destroyed -restored (Xr). This EO is related to
mountain sweet pitcher plant reintroduction efforts that were unsuccessful, and the species
is no longer present.
3.0 HABITAT ASSESMENT
During the site visit on February 18, 2022, ClearWater biologists identified four (4) habitats
within the Project Site: maintained yard -gravel lot, headwater wetland, and headwater
forest. A general overview of the site and descriptions of each habitat type are included
below.
The project site covers approximately 2.25 acres and is primarily in use as a yard and
storage area for a landscaping business. One linear wetland -ditch originates near the
center of the site and extends to the south where it terminates in an unnamed tributary to
Camp Branch (Class B). The riparian corridor habitat occurs along the northern banks of
the unnamed tributary to Camp Branch, which follows the southern boundary of the project
site.
3.1 Maintained Yard -Gravel Lot
The yard contains large areas of gravel drive as well as maintained lawn and
landscaped shrub rows. Mature canopy trees are present primarily along the
parcel boundaries, with additional trees interspersed throughout the center of the
property. Tulip poplar (Liriodendron tulipifera), red oak (Acer rubrum), and
eastern white pine (Pinus strobus) are the most common trees on the site.
Additional trees observed throughout the site include eastern redbud (Cercis
canadensis), southern magnolia (Magnolia grandifolia), arborvitae (Thuja
occidentalis), northern red oak (Quercus rubra), sugar maple (Acer saccharum),
and boxelder (Acer negundo).
The shrub and sapling stratum is sparse overall and followed similar distribution
trends as the tree stratum: moderate around the property boundary and sparse
throughout the interior. This stratum is dominated by Chinese privet (Ligustrum
sinense), red maple, tulip poplar, and Japanese honeysuckle (Lonicera japonica).
Additional shrubs and saplings observed include eastern white oak (Quercus
alba), northern red oak, eastern white pine, American holly (Ilex opaca), flowering
dogwood (Corpus florida), winged elm (Ulmus alata), boxelder, euonymus sp.,
golden bamboo (Phyllostachys aurea), crape myrtle (Lagerstroemia sp.), and
Chinese holly (Ilex cornuta).
The herbaceous layer is sparse to bare throughout much of the yard. Areas that
are not gravel drive or in use for storage are dominated by creeping charlie
(Glechoma hederacea), long leaf plantain (Plantago lanceolata), fescue grass
(Festuca sp.), and crabgrass (Digitaria sp.). The herb layer also includes rubus
sp., roundleaf greenbrier (Smilax rotundifolia), Chinese silver grass (Miscanthus
sinensis), Christmas fern (Polystichum acrostichoides), common periwinkle
(Vinca minor), horsetail (Equisetum sp.) Japanese honeysuckle, creeping
buttercup (Ranunculus repens), goldenrod (Solidago sp.), dog fennel
(Eupatorium capillifolium), unidentified sedges (Carex sp.), common plantain
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Project #1238 AAA Storage World
(Plantago major), golden bamboo, thistle (Cirsium sp.), English ivy (Hedera
helix), and lily turf (Liriope muscari).
3.2 Headwater Wetland
The headwater wetland originates near the center of the site and extends to the
south where it terminates in an unnamed tributary to Camp Branch. This wetland
can be categorized as a manmade, wetland ditch. This habitat is moderately
disturbed and contains one gravel road crossing near its origin. No mature trees
are rooted within the wetland -ditch. The shrub and sapling stratum is sparse, with
only Chinese privet and black willow (Salix nigra) present. The herbaceous layer
is also sparse and includes cattail (Typha sp.), fowl mannagrass (Glyceria
striata), creeping buttercup, golden ragwort (Packera aurea), shallow sedge
(Carex lurida), Japanese honeysuckle, Chinese silver grass, soft rush (Juncus
effusus), and field pennycress (Thlaspi arvense).
3.3 Headwater Forest
Th headwater forest habitat accounts for the forested corridor along the northern
bank of the unnamed tributary to Camp Branch, which follows the southern
boundary of the project site. The dominant canopy trees observed include red
maple and tulip poplar. Eastern white pine and northern red oak were also
observed. The shrub and sapling stratum is moderately dense and is dominated
by Chinese privet. Tulip poplar, Multiflora rose, red maple, and great
rhododendron (Rhododendron maximum) were also observed in the shrub and
sapling stratum. The herbaceous layer is sparse and includes roundleaf
greenbrier, creeping buttercup, golden ragwort, Christmas fern, bittersweet
(Celastrus orbiculatus), dog fennel, goldenrod, Japanese honeysuckle, Rubus
sp., and Chinese silvergrass.
3.4 Stream
The stream within the project site flows east to west along the southern project
boundary. This unnamed tributary to Camp Branch (Class B) is approximately 3-
feet wide on average with minor incised -to -stable banks. The substrate primarily
consisted of sand and small gravel, with silt present. The banks of the stream
were dominated by Chinese privet and Christmas fern. Additional species
present along the banks include red maple, multiflora rose, golden ragwort, and
Japanese honeysuckle.
3.5 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Henderson
County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2021).
Table 2. USDA Soil Units occurring within the Droiect boundary.
Map Unit Symbol
Map Unit Name
HyC
Hayesville loam, 15 to 25 percent slopes
TeB
Tate fine sandy loam, 2 to 7 percent slopes
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Project #1238 AAA Storage World
4.0 PROTECTED SPECIES
The following is a brief description of each federally listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species.
4.1 Appalachian Elktoe
Federally listed as endangered, the
Appalachian elktoe (Alismidonta raveniliana)
has a thin but not fragile, kidney -shape
shell, reaching up to about 3.2 inches in
length, 1.4 inches in height, and 1.0 inch
wide (Clarke 1981). Juveniles generally
have a yellowish -brown periostracum (outer
shell surface) while the periostracum of the
adults is usually dark brown to greenish -black in color. Although rays are
prominent on some shells, particularly in the posterior portion of the shell, many
individuals have only obscure greenish rays. The shell nacre (inside shell
surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or
brownish color in the central and beak cavity portions of the shell; some
specimens may be marked with irregular brownish blotches (adapted from Clarke
1981). Only two populations of the species are known to survive. The healthiest
of these populations exists in the main stem of the Little Tennessee River
between Emory Lake at Franklin, Macon County, North Carolina, and Fontana
Reservoir in Swain County, North Carolina. The second population occurs in the
Nolichucky River system. The Appalachian elktoe has been reported from
relatively shallow, medium-sized creeks and rivers with cool, well -oxygenated,
moderate- to fast -flowing water. It has been observed in gravelly substrates
often mixed with cobble and boulders, in cracks in bedrock, and occasionally in
relatively silt -free, coarse, sandy substrates (Department of the Interior 1994).
•
Gotr rim, MaganirBigg is- ❑SFWS _#
ill
Suitable habitat for Appalachian elktoe was not observed within the study area.
The unnamed tributary to Camp Branch along the southern project boundary is a
relatively narrow, slow -moving headwater. The substrate is primarily composed
of silt and small sand, while gravelly substrate is absent throughout most of the
tributary. It is the opinion of ClearWater that the proposed project is not likely to
adversely affect the Appalachian elktoe.
4.2 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently.
Bald and Golden eagles are protected under the Migratory Bird Treaty Act
(MBTA) and the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male
eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6
feet. Sometimes confused with golden eagles, bald eagles are mostly dark brown
until they are four to five years old and acquire their characteristic coloring.
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Project #1238 AAA Storage World
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
rivers, and some seacoasts. In winter, the birds congregate near open water in
tall trees for spotting prey and night roosts for sheltering.
No bald eagle nests were observed within the project boundary. Additionally, a
review of the NCNHP database on February 11, 2022, revealed no known
occurrences of this species within a one -mile radius of the project study area.
Due to results of the survey and lack of known occurrences, it is the opinion of
ClearWater that the proposed project is not likely to disturb nesting bald eagles.
4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is
federally listed as threatened in North Carolina.
This is the smallest emydid turtle, and one of the
smallest turtles in the world. Adult carapace
length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The
dark brown or black carapace may be marked
with radiating light lines or a light blotch on the
vertebral and pleural scutes. Scute annuli are
usually prominent in juvenile and young adult
specimens, but the carapace may be nearly
smooth in old adults. The head, neck, and limbs
are typically dark brown with variable reddish to yellow spots and streaks.
large reddish -orange to yellow blotch is visible behind and above each
tympanum, sometimes merging into a continuous band on the neck. The upper
jaw is weakly notched. The plastron is brown or black, but often with lighter
yellow blotches towards the medial and anterior scute edges. A mature male
bog turtle has a concave plastron and a long, thick tail, with the vent posterior to
the rear edge of the carapace with tail extended. The female has a flat plastron
and a thinner, smaller tail, with the vent at or beneath the rear carapace edge.
A
The southern population of the bog turtle, ranging from southern Virginia to
northern Georgia, is also protected with a threatened designation because its
physical appearance is similar to the northern population. The southern bog
turtle population is separated from the northern population by approximately 250
miles. However, individual bog turtles in the southern population closely
resemble individuals in the northern bog turtle population, causing difficulty in
enforcing prohibitions protecting the northern population. Therefore, the USFWS
has designated the southern population as "threatened (similarity of
appearance)." This designation prohibits collecting individual turtles from this
population and bans interstate and international commercial trade. It has no
effect on land management activities of private landowners in southern states
where the bog turtle lives.
No suitable habitat for bog turtle was found on site. Additionally, the northern
population of bog turtle does not occur in North Carolina. It is of the opinion of
ClearWater, an EnviroScience Company Page 5
Project #1238 AAA Storage World
ClearWater that the proposed project is not likely to adversely affect the northern
bog turtle.
4.4 Bunched arrowhead
Bunched arrowhead (Sagittaria fasciculata) is
a small herbaceous plant growing 15 - 16
inches tall in saturated soils. It's the only
Sagittaria species in the Southern
Appalachians that does not have arrowhead -
shaped leaves. Emergent leaves are broad
and tapered at the tip and up to 12 inches
long and 1 — 2 inches wide. The white
flowers begin blooming in mid -May and continue through July.
a few weeks after flowering.
The fruits mature
Bunched arrowhead occurs in undisturbed sites that are typically located just
below the origin of slow, clean, continuous seeps on gently sloping terrain in
deciduous woodlands. Bunched arrowhead is known from the upstate of South
Carolina and southwestern North Carolina.
Potentially suitable habitat for bunched arrowhead was not observed on site. The
headwater wetland is disturbed, has variable surface water, and is not
surrounded by deciduous woodland. Additionally, flow through the wetland -ditch
is not continuous and the ditch is likely infrequently inundated. No members of
the Sagittaria genus were observed on site. It is the opinion of ClearWater that
the proposed project is not likely to adversely affect bunched arrowhead.
4.5 Gray Bat
The gray bat (Myotis grisescens) is the largest member of its genus in the eastern
United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It
is easily distinguished from all other bats within its range by its mono -colored fur.
All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following
molt in July or August, gray bats are dark gray, but they often bleach to chestnut
brown or russet between molts (especially apparent in reproductive females
during May and June). The wing membrane connects to the foot at the ankle
rather than at the base of the first toe, as in other species of Myotis. Gray bats
roost in caves year-round. Most winter caves are deep and vertical; all provide
large volume below the lowest entrance and act as cold air traps. A much wider
variety of cave types are used during spring and fall transient periods. In
summer, maternity colonies prefer caves that act as warm air traps or that
provide restricted rooms or domed ceilings that can trap the combined body heat
from thousands of clustered individuals.
No naturally occurring suitable habitat (caves) were observed on this site. It is the
opinion of ClearWater that this project is not likely to adversely affect gray bat.
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Project #1238 AAA Storage World
4.6 Mountain Sweet Pitcher Plant
Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous
perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling
flowers. The leaves contain liquid and enzymes, and when insects fall into them,
they are digested and the nutrients are incorporated into the plant's tissues. The
evolutionary role of carnivory in such plants is not fully understood, but some
evidence indicates that absorption of minerals from insect prey may allow
carnivorous species to compete in nutrient -poor habitats. The unusual red
flowers (yellow in rare cases) appear from April to June, with fruits ripening in
August. Flowering plants reach heights of 29 inches. Very little specific
information is available on the biology of the mountain sweet pitcher plant. Like
other pitcher plants, it has rhizomes that are likely long-lived and capable of
persisting and reproducing vegetatively for decades without producing seedlings.
Mountain sweet pitcher plant typically occurs in mountain bogs and is known
from a small number of counties in upstate South Carolina and southwest North
Carolina.
Potentially suitable habitat for the mountain sweet pitcher plant was not observed
on site. No mountain bogs are present on site. Additionally, the headwater
wetland is likely not inundated for long enough periods to create the nutrient -poor
conditions required for mountain sweet pitcher plant. No members of the
Sarracenia genus were observed in any of the wetlands within the project area. It
is the opinion of ClearWater that the proposed project is not likely to adversely
affect this species.
4.7 Northern Long-eared Bat
The northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized
bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its
name suggests, this bat is distinguished by its long ears, particularly as
compared to other bats in its genus, Myotis, which are bats noted for their small
ears (Myotis means mouse -eared). The NLEB is found across much of the
eastern and north central United States and all Canadian provinces from the
Atlantic coast west to the southern Northwest Territories and eastern British
Columbia. NLEBs spend winter hibernating in caves and mines, called
hibernacula. They typically use large caves or mines with large passages and
entrances; constant temperatures; and high humidity with no air currents.
Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose
bark of live or dead trees typically greater than three inches DBH (diameter at
breast height).
ClearWater consulted the USFWS's maps of North Carolina counties that contain
confirmed hibernation or maternity sites. Henderson County does contain
multiple watersheds listed as having confirmed hibernation or maternity sites;
however, these identified areas are greater than five miles from the project site.
Therefore, this project satisfies the 4(d) rule and consultation with USFWS is not
required. The USFWS recommends avoiding tree clearing during NLEB pup
season (June 1 to July 31) and/or active season (April 1 to October 31) as a
voluntary conservation measure.
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Project #1238 AAA Storage World
However, on March 23, 2022, the USFWS published a proposal to reclassify
NLEB as endangered. The USFWS is ordered to complete their new final listing
determination for NLEB by November 2022. If NLEB is reclassified as
endangered, the current 4(d) rule for NLEB would be removed. This may result in
new consultation requirements with USFWS and lead to stricter limitations on
tree clearing during the bats active season (April 1 to October 31). If this change
is made, then tree clearing will likely have to occur November 1 to March 31. We
recommend limiting tree clearing activities to November 1 to March 31 as a
voluntary conservation measure.
4.8 Small -whorled Pogonia
Small -whorled pogonia (Isotria medeoloides) is federally listed
as an endangered species. It occurs on upland sites in mixed -
deciduous or mixed-deciduous/coniferous forests that are
generally in second or third growth successional stages.
Characteristics common to most sites include sparse to
moderate ground cover in the species' microhabitat, a relatively
open understory canopy, and proximity to features that create
long persisting breaks in the forest canopy. Soils at most sites
are highly acidic and nutrient poor, with moderately high soil
moisture values. Light availability could be a limiting factor for
this species. The stem is smooth, hollow pale green and 3.7-9.8
inches tall with a single whorl of 5 to 6 light green elliptical leaves 3 inches long
and 1.6 inches wide. A flower is borne at the top of the stem. It is distinguished
from the similar Isotria verticillata by the latter's purplish stem and long, dark
sepals.
Potentially suitable habitat for small whorled pogonia was not observed within the
project site. The forested areas on site all occur within the riparian corridor
habitat and are not the acidic mixed oak -white pine communities in which small
whorled pogonia is typically known to occur. Additionally, acid -tolerant
herbaceous and shrub species typically associated with small whorled pogonia
were not observed on site. No members of the Isotria genus were observed on
site. It is of the opinion of ClearWater that project activities are not likely to
adversely affect small whorled pogonia.
4.9 Swamp Pink
Swamp pink (Helonias bullata) is a
perennial herb in the lily family. It has a
basal rosette of evergreen, strap -like
leaves and an upright pink to lavender
flower head. The tall flower stalks (up to
4.5 feet) appear from March to May.
During the winter the leaves often turn
reddish brown and lie flat or slightly raised
above the ground. These winter leaves
are often hidden by leaf litter, but a visible
button in the center of the leaves
represents the next season's flower head.
Although the plant can reproduce by
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Project #1238 AAA Storage World
Page 8
seed, most of its reproduction is by vegetative expansion of established plants.
This means plants tend to grow in clumps, close to the parent plants. Seed
dispersal is limited, and populations appear to expand at a very slow rate.
Swamp pink is found in a variety of wetland habitats, including mountain bogs,
swampy forested wetlands bordering small streams, wet meadows, and spring
seepage areas. Swamp pink can be found across much of New Jersey and
Delaware and sporadically in Maryland, Virginia, North Carolina, South Carolina,
and Georgia.
Potentially suitable habitat for swamp pink was not observed on site. The
headwater wetland on site has variable surface water. Additionally, flow through
the wetland is not continuous and the ditch is likely infrequently inundated. No
members of the Helonias genus were observed on site. It is the opinion of
ClearWater that the proposed project is not likely to adversely affect swamp pink.
4.10 White Irisette
White irisette (Sisyrinchium dichotomum) is
federally listed as endangered. This plant
occurs on rich, basic soils probably weathered
from amphibolite, in clearings and the edges of
upland woods where the canopy is thin and
often where downslope runoff has removed
much of the deep litter layer ordinarily present
on these sites. This plant grows in a
dichotomously -branching pattern. It is 4 to 8
inches tall with pale bluish -green basal leaves
and tiny white flowers with reflexed petals in a cluster of 4 to 6 at the ends of
winged stems. The fruit is round with 3 to 6 seeds. White flowers and
dichotomous branching pattern distinguish it from similar species. The species
flowers in late May through July (USFWS 2013).
Potentially suitable habitat for white irisette was not observed on site. The project
area occurs well below elevations known to support white irisette populations.
Additionally, none of the known associated soil series are mapped within the
project boundary and no members of the Sisyrinchium genus were observed on
site. It is the opinion of ClearWater that project activities are not likely to
adversely affect white irisette.
5.0 CONCLUSION AND RECOMMENDATIONS
During the threatened and endangered species habitat assessment for the AAA Storage
World site, ClearWater did not observe potentially suitable habitat for any of the above
listed threatened or endangered species. Potential flora were identified to the taxonomic
unit level necessary to determine if the observed specimen was a protected species.
It is of the opinion of ClearWater that the development of the AAA Storage World project
is not likely to adversely affect any of the threatened or endangered species listed for
Henderson County.
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Project #1238 AAA Storage World
Due to the transitory nature of some of the listed threatened and endangered species
and the flower/fruiting periods of some plants, it is possible that threatened and
endangered species populations and locations may change over time. Therefore, any
potential findings at a later date should be fully investigated and coordinated with the
appropriate agencies to prevent potential adverse impacts.
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Project #1238 AAA Storage World
6.0 REFERENCES
Fryer, Janet. 2019. Isotria medeoloides, small whorled pogonia and Isotria verticillata, large
whorled pogonia. In: Fire Effects Information System, [Online]. U.S. Department of
Agriculture, Forest Service, Rocky Mountain Research Station, Missoula Fire Sciences
Laboratory (Producer). https://www.fs.fed.us/database/feis/plants/forb/isospp/all.pdf.
Accessed February 2022.
NCNHP (North Carolina Natural Heritage Program Database). 2021.
https://ncnhde.natureserve.org/; Accessed February 2022.
NCWRC. 2020. Appalachian Elktoe Distribution.
https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian-Elktoe#3017843-
distribution; Accessed December 2021.
NRCS (Natural Resources Conservation Service). 2022. Web Soil Survey for Henderson
County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed
February 2022.
USFWS. 1997. Gray Bat Factsheet. Accessed February 2022.
USFWS. 2011. Small -whorled Pogonia Fact Sheet. Accessed February 2022.
USWFS. 2016. Northern Long-eared Bat Consultation Areas: Haywood County. Accessed
February 2022.
USFWS. 2019. Appalachian Elktoe. Accessed February 2022.
USWFS Asheville Field Office. 2016. Northern long-eared bat - what it means for you project.
Accessed February 2022.
USFWS Information, Planning, and Consultation System. 2021. https://ecos.fws.gov/ipac/;
Accessed February 2022.
USFWS Midwest Region. 2015. Northern Long-eared Bat Fact Sheet. Accessed February 2022.
USFWS Raleigh Ecological Services Field Office. 2018. Optimal Survey Windows for North
Carolina's Federally Threatened, Endangered, and At Risk Plants. Accessed February
2022.
USFWS. 2007. Bald Eagle Fact Sheet. Accessed February 2022.
USFWS. 2011. Bog Turtle Fact Sheet. Accessed February 2022.
USFWS. 2011. Bunched Arrowhead Fact Sheet. Accessed February 2022.
USFWS. 2011. Mountain Sweet Pitcher Plant Fact Sheet. Accessed February 2022.
USFWS. 2011. Small -whorled Pogonia Fact Sheet. Accessed February 2022.
USFWS. 2012. Swamp Pink (Helonias bullata): Identification Guide. Accessed February 2022.
USWFS. 2016. Northern Long-eared Bat Consultation Areas: Henderson County. Accessed
February 2022.
USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service:
Bald Eagle Protection Act of 1940. Accessed February 2022.
USFWS. 2019. Appalachian Elktoe. Accessed February 2022.
USFWS. 2019. Bog Turtle. Accessed February 2022.
USFWS. 2019. White Irisette Fact Sheet. Accessed February 2022.
USWFS Asheville Field Office. 2016. Northern long-eared bat - what it means for you project.
Accessed February 2022.
U.S. Fish and Wildlife Service. 1983. Bunched Arrowhead Recovery Plan. U.S. Fish and Wildlife
Service, Atlanta, Georgia. 37 pp.
U.S. Fish and Wildlife Service. 1992. Small Whorled Pogonia (Isotria medeoloides) Recovery
Plan, First Revision. Newton Corner, Massachusetts. 75 pp.
U.S. Fish and Wildlife Service. 1991. Swamp Pink (Helonias bullata) Recovery Plan. Newton
Corner, Massachusetts. 56 pp.
U.S. Fish and Wildlife Service. 1995. White Irisette Recovery Plan. U.S. Fish and Wildlife Service,
Atlanta, Georgia. 22 pp.
ClearWater, an EnviroScience Company Page 11
Project #1238 AAA Storage World
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Appendix A:
US Fish and Wildlife Service
IPaC - Official Species List
&
NC Natural Heritage Program Data
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
http://www.fws.gov/nc-es/es/countyfr.html
In Reply Refer To:
Project Code: 2022-0006443
Project Name: 1238 - AAA Storage/Housing Assistance
February 11, 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 final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The 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.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that 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. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website 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.
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)
02/11/2022 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.
If a Federal agency 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
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), 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 U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php.
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures see hops://www.fws.gov/birds/bird-enthusiasts/threats-to-
birds.php.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/
executive-orders/e0-13186. php.
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 Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
02/11/2022 3
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands
02/11/2022 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
02/11/2022 2
Project Summary
Project Code: 2022-0006443
Event Code: None
Project Name: 1238 - AAA Storage/Housing Assistance
Project Type: New Constr - Above Ground
Project Description: New development
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.33695415,-82.42979654193967,14z
fx'
�5�1
k Lcj.ifk'}3j R!'1
Lakeview
E states
Counties: Henderson County, North Carolina
02/11/2022 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
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
02/11/2022 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
Bunched Arrowhead Sagittaria fasciculata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1720
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
Small Whorled Pogonia Isotria medeoloides
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
White Irisette Sisyrinchium dichotomum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/8097
Candidate
STATUS
Endangered
Endangered
Threatened
Threatened
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
02/11/2022
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
• R5UBH
02/11/2022
IPaC User Contact Information
Name: Jeff Golladay
Address: 145 7th Avenue West
City: Hendersonville
State: NC
Zip: 28792
Email jgolladay91@gmail.com
Phone: 8286989800
■ ▪ Mr'S' NC DEPARTMENT OF
U MW
NATURAL AND CULTURAL RESOURCES
February 11, 2022
ClearWater, an EnviroScience Company
ClearWater, an EnviroScience Company
145 7th Avenue West
Hendersonville, NC 28792
RE: AAA Storage/Housing Assistance 1238
Dear ClearWater, an EnviroScience Company:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Directtrr, Natural Heritage Program
NCNHDE-17129
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/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 rodney.butler@ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699
OFC V9 707.9120 • FAx 919.707.912i
Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
AAA Storage/Housing Assistance
Project No. 1238
February 11, 2022
NCNHDE-17129
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic EO ID cientific Name Common Name
Group
Dragonfly or 33444
Damselfly
Vascular Plant 33646
Vascular Plant 25168
Vascular Plant 825
Calopteryx amata
Aconitum reclinatum
Dendrolycopodium
dendroideum
Sarracenia jonesii
Element Accuracy
Observation Occurrence
Date dm. Rank
•
Federal State
Status Status
i
Global State
Rank Rank
1
Superb Jewelwing
2004-Pre
Trailing Wolfsbane 1994-06-Pre
Prickly Ground -pine 1949-Pre
Mountain Sweet 2003
Pitcher Plant
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name Representational Rating
Mud Creek Bridge and Eubank Swamp Remnant R3 (High)
No Managed Areas are Documented Within a One -mile Radius of the Project Area
H?
E
H
Xr
5-Very Significantly G5 S1S2
Low Rare
4-Low Significantly G3G4 S3
Rare
Throughout
5-Very Significantly G5 S2
Low Rare
Peripheral
4-Low Endangered Endangered G2 S1
Collective Rating
C4 (Moderate)
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on February 11, 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.
source
NCNHP, Q4, January 2022.
Page 2 of 3
NCNHDE-17129: AAA Storage/Housing Assistance
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February 11, 2022
❑ Project Boundary
❑ Buffered Project Boundary
NHP Natural Area (NHNA)
1:23,744
O 0-2 0.4
O 0.325 0.65
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II
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Sources: Esn. HERE, Garmn, Iniermap. increment P Corp.. GERCO. USGS.
FAO. NPS. NRCAN. GeoBase. IGN, Kadaster NI_ Ordnance Survey. Esri ,lepan.
ME71- Evil China (Hong Kong). Nil Open5lreetMap cantr8rrtorS, and the GIS
user Community
Page 3 of 3
Appendix B:
Photolog
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Photo I. Typical v -
iew of project site. Gravel yard and storage lot.
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Photo 2. Typical view of headwater wetland/ditch.
' '-1,4''''''' .. 7- .)l'''''', '):"• =',-S--0-.-4,Nt`...,-,--i, -,-L7P.--.,..4;,-,,;,- -
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-1;`,i4:....'7,..5:A..L.4:4:5'-'it,II'446#*ht 41-'1:::':;'t''1.1-.'47*:'.---;e'.::...:W..::4—;I,.,.:1_.:4%—.iii5!,,•',.
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Photo 3. View of headwater forest h1...;1::::t-.a.":,:i
„ 'e Y t t�4, \1ba 0. i "e,,k -uh ,l3 t f2 Fes", 1 ,- r ` �l \,,,,. <x
a l 1 + N.N ` \ (� 1,
'+a �:rq,�• �, g . +� 'L:. �� i is L_ - ,
We, "-t' + fir: -- ` - j �
' r .- 1
v 1 k '4.` x �� J c 1 :.
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j.
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Photo 4. Typical view of unnamed tributary to Camp Branch (Class B).