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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 w 74 4 oE 846 • „ c/ y�•l 75D /762 di *0 E, i �. -/ trk . .�676=678. Jib. ; r, • 680682 • ,11. iv .. t .f� ,�*. R. ' /. : riallakr(517 . - . - - • -- V, _,.. __,.. ` )0.. r it, 2....f/..4., , ,. ... .. ,. , ,.....,.. :....:•,•••• .....::::..... . . ,.. -. ..._. :., • 4 . .. . 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) tler_Bridge�Rd� ) Fletcher ,lam Hoopers Creek Terrace Gardens LaurelPark—, • W 0ovt Champion Hills Golf Club A/ ,t,e ac Goodluck r/ Valley Hill Fruitland et41Z- <m a G`e �< Parcel Boundary Lakeview Estates a na-R d Upward East Flat Rock Flat Rock Parcel Boundary rY Mt Olive Drawn by: JMG Date; 07.27.22 CW Pro'ect #1238 Henderson County, North Carolina Five Points Zirccnia [LearWater An EnviroSsience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 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 AAA Storage (+1- 2.25 AC) .,. • •91,,, • • . . + * .1 .. .11 J 1 eix 7 .•••: ..,7• , i. %; yam• , A . `.••Orr k . . • I- ..,,r. - rit . . • . .?,,,, , w, IF : . i' r I' [L. ii . .., 1p, ,... . . , _. e .."0:•. 7 e .J. .1:''.I. 1 I... 'i;li 1 ' ..„ 2,71liari:::,:.,' ,:::*;',r /,. 'p ,., • • ,j Parcel Boundary AilI ` A .I I . / lii...1 . 4,..ii , � fEr , .b r / mow . � •- ri ' Al::.,..L ,, - 044 ',' ...„.: - •-, .: ..%. w, ` e. p 1 ,n• t . t .el : .,se.. ,. .. , .0 .. ,) : ... , ... ., ill 441." . .„, , - - -/ . . _ j Parcel Boundary a'. 'r P- •y .k- �; r `4 0 50 100 200 .. ' , - i - '' �• . • ` $ - 1e - ' Feet ~r' ' ' •Fti `: _ , la _ 14.4 r' 1 CbIuC [ -Q CgaRS2WProject#1238 • -_�,,�► r 1.. •' r CLearWater Aerial Imagery Map Henderson County, An EnviroScience Company® North Carolina 145 7th Ave west,Suite B NCCGIA 2019 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 NRCS Web Soil Survey Figure 4 DENNIS DORN)\DWG\22203_BASE_062 Z:\2022\22203 - SUGARLOAF STORAGE FACILITY POND 39. 4 I .4' GC- I Invert — I City of 1--lendersiynle \\. D.B. I 4 I 8,zPg. 202 Zoned: 035U \ I \ I EX 5" MOLE IN CAMPE I 2" 11DPE PIPE SMALL BE REPLACED WITM 3X3 PRECAST BOX WITM SKIMMER ATTACMED AT INV. 2 I 5 I .00 0 lotatw 34.3' 214g. Alo•- (.) \NOV 5" CMP 60' Row L I 93-3, Invert = 2 I 7 I .20 L/A \ \ Building Building Metal Buildincj Approx. I 4,600 Sot. Ft. Tto Crosswalk Yo N/8-3c,' 1/911 w ><\ \ UA uJ Metal Buildirie Approx. I 2,700 S\ct. Ft. D mon crF D Y3. I 496, Prt. 699 CD -Mat WC Plat Stole 9446 /Tie Line I 5" CMP = Gate \ Gravel Column EB—§ \ Gate EBContr Panel ((/ 8,82.661 ttef PROP OUTLET PROTECTION / RIP RAP APRON b-MAT, LLC D.O. 1496, Po. 698 I Plat' Slide 8423 ce4 et° 04" 43° 43° Cte -4° 043 / / 4 7.43.3 433 5" hole In tap of 12" CFI" Invert 215 I .0 eft- -4° ,\Go — A_ EX I 2' wutLV je ADZ 5p111 i•••# #76.° i•••# 7.° • r•••• •••••• I r— i••••• • 1• •••••• • o••••• -dr1 ..•••• PO' -3°- crfe 44° ---4e 43° 43° 43° -4D Toe of Pond L = 20' Woutlet = 10' Wend = 30' r Depth = 1.5' \ v with FABRIC UNDERNEATM / ) c,` maiii2ox Concrete Column te cte Concrete -49 -49 LC) 2 I 80 4-4 4-4 T I / I / I 4 ',3 PROP TE_MPDIVERSIO _DITCH/BERM (TYPICAL) Concrete SWITCI-1 OVER TO STANDARP SILT FENCE AT TI-115 APPROXIMATE LOCATION v z z z / /_4- / / / / / I I I I I I k&O_Crcri4 PROPOSED BUILDING #2 I 2,000 SF ermanent Wetland Impact °F°5ED LDING #5 Wetland Impact W2 ,292 SF 0.002 AC ermanent Wetland Impact Wetland Impact WI 0.02 AC _Dot -943 Deer 439 z zz Zi / -/ - (Y) - - (Y) -1- ra\ Oats Sherrill D.B. I 207, Pg. 298 Zoned:RI 5 \iv "ROI' DENUDED LIMITS 2.82 ACRES 7t: i 7 WITCI-1 OVER TO SUPER SILT FENCE AT TI-115 APPROXIMATE LOCATION 21Aol Thomson D.B. I 599, Pg. G7 I u ) p "ROI' SUPER SILT FENCE (TYPICAL) Zoned: R. I 5 "ROI' SUPER SILT FENCE WITM OUTLET WEIR (TYPICAL) "ROI' SUPER SILT FENCE VVITI1 OUTLET WEIR (TYPICAL) ROI' DENUDED LIMITS 2.82 ACRES "ROI' SUPER SILT FENCE (TYPICAL) PERMANENT STREAM IMPACT STREAM IMPACT 51 I 08 LF (0.01 0 AC) FOR NEW 36" 11DPE PIPE INSTALLATION I o \iv \iv \iv \iv \iv \iv Figure 5.0 Aquatic Resources Impact Map 40 0 20 40 80 120 GRAPHIC SCALE 1 INCH = 40 FEET JOB NUMBER: 22203 131 c\i co 00 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. 101,1111110.0. • OSSA," • • vks • 4 ,,. ,,, 4„41,40 ci•:.r.D 016 mfininuotti_=1,,T ,A 2 0 Q.) HENDERSON COUNTY, NC HENDERSONVILLE 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 TEMPORARY 24"PIPE W fa_ 0 } 0 1- N Z tY w l.1 L1 0 0 W J to wQ < ~O Z Z 0,.11111.,,,.00 �, EXIS EXISTING CREEK BANK N W N a_ ri 40 410 hippo OI1 111 111 1 ! 1 0< a CO ow ZL N0 0 w 1- H N M rZ O F_ w - N 0J 0 0 0 TEMPORARY 24"PIPE w H 0 CC W U 00 <0 0 iCe OOw MtLV W 6.l QO,m = O tnW Z zz < EXISTING CREEK BANK PROPOSED 30" PIPE M w = 0w0 z ce0 J Q W 0 CROSSING W LiJ 0 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 10' 3' giF1#1#1#1#1"=IIIIIIIIIIIIII II IiPlIIF 1#1#1#1#" II II II II II II II II III ff=u—iI# " II II II II II II II II II'I I t411 II II'I# 1#1#1#1#1" II II II II II II II II II'I='I1=+. ---rr�rr�rr�rr�rrr=rrr=rrgrr�rr ►rt NOTE: CONTRACTOR PLACE PIPE 12" 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 lii i 0 % Essf Nyt i �l Ste, �' - 411. IND 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 AAA Storage (+1- 2.25 AC) N - kg, 1l + ; . . 4. .., A q 1' _ 1 _ - 1 Y= •r •_ I. .may ..fl '•I.. f 4 , • • 9 * i ~ .1 l' , .. 1 'f 1 1 Ti : Y .i f n . 4 �' 1 -/ ` J �':. }� . , . . . --r...,...."Ae ,....„...„ ir ,• .,=:A. , ,f. • , ' /I i 1Wr.-„fir. - , . ..... -1 • N. al i ' ilk • ..A, " L Parcel Boundary • r_s FEMA Flood Zones `�`,r ; 100-Year Floodplain i�, , . 500 Year Floodplain ;�„ r ' ///, Floodway ,' 0 250 500 1,000 , �7 f ' Feet . • •� c l - oanc ��.,Q�-' ceagsk Project#1238 .,,,. x,; o t. CLearWater FEMA Flood Zone Map 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 i• • kr 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). ClearWater, an EnviroScience Company 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 ClearWater, an EnviroScience Company Page 2 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 ClearWater, an EnviroScience Company Page 3 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. ClearWater, an EnviroScience Company Page 4 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. ClearWater, an EnviroScience Company Page 6 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. ClearWater, an EnviroScience Company Page 7 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 ClearWater, an EnviroScience Company 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. ClearWater, an EnviroScience Company Page 9 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. ClearWater, an EnviroScience Company Page 10 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 Figures AAA Storage (+1- 2.25 AC) tler_Bridge�Rd� ) Fletcher ,lam Hoopers Creek Terrace Gardens LaurelPark—, • W 0ovt Champion Hills Golf Club A/ ,t,e ac Goodluck r/ Valley Hill Fruitland et41Z- <m a G`e �< Parcel Boundary Lakeview Estates a na-R d Upward East Flat Rock Flat Rock Parcel Boundary rY Mt Olive Drawn by: JMG Date; 07.27.22 CW Pro'ect #1238 Henderson County, North Carolina Five Points Zirccnia [LearWater An EnviroSsience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 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 AAA Storage (+1- 2.25 AC) i.,„1„. -,- , •41, . )t • I +I\T I it; , • . 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Ste_ [LearWater Study Area Map Henderson County, An EnvirnScience Company® North Carolina 145 7th Ave west,Suite B NCCGIA 2019 Hendersonville,North Carolina 28792 Figure 3 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 P viyy e`'Nry Bran./ Y •aR n, • P'irtehursf rn • Ti 1 15 5 BAK M � k T Conn kW -;kMr 9.a rp �o 5:.rhn: nni Re Lakeview Estates 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 0-8 mi II 1.3 km 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 q Y� N _ t l "� r., � q r - �� ���_ �uap a _` � Z TT w#`. .N4P-41. ii, , :;1' 1:- s,': ' `117,7,-1Z‘ ' ,' ' -', :;-,,,,;, -Ir.--z'-'4,'•'''4e::1: -„,4-1-',:''-'-''' ,„.' 1 ' '- .', '''_ Photo I. Typical v - iew of project site. Gravel yard and storage lot. „ryv ,r , � F i k 4 g•r x 91, w r }� ' ',, ; o ! - - �,.I' 1'/ � ,. t d, / r it r / , � L { - 8 Photo 2. Typical view of headwater wetland/ditch. ' '-1,4''''''' .. 7- .)l'''''', '):"• =',-S--0-.-4,Nt`...,-,--i, -,-L7P.--.,..4;,-,,;,- - \ . n aY ',; Y. i qd '� : R . I S Y a i` `' 1 N N � 4 j � ° l t f k� `r .. • - .� . b-• . .m. `"' t. ;� s r' eve' -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!,,•',. _ r L :x tt� ::•; ^ R 11 �' �4 alb y,`''w:. ¢ x 7a - • � �a �,N1w, Mp "fit }� 'r -YC$ �- i � 1L : 4/1 S` My {t 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 :. •. f [q - '. �'i'i,, y SIP { .�y � - j. • ---It ` t/ • ,+ / Photo 4. Typical view of unnamed tributary to Camp Branch (Class B).