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HomeMy WebLinkAbout20201004 Ver 2_Modification Request_20220815Staff 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# * 20201004 Version* 2 Is this project a public transportation project?* Yes • No Reviewer List: * Amy Annino:eads\amannino Select Reviewing Office: * Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: 5/12/2022 Project Contact Information Name: Britten Yant Who is submitting the information? Email Address: britten@cwenv.com Project Information Existing ID #: 20201004 20170001 (no dashes) Project Name: Existing Version: 1 Slusher — Sapphire Farm (Wachhund Land Company LLC) 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) Transylvania Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document ATF PCN application -Wachhund LLC - Signed 8.15.22.pdf 30 Day Notice.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: 8.31MB 101.21KB 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 15, 2022 David Brown US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Ms. Amy Annino NC Division of Water Resources 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Slusher — Sapphire Farm After -The -Fact Application - Nationwide Permit 3, 13, 27, 29 & 33 DWR Project No. 20-1004 and SAW-2020-00113 Transylvania County, North Carolina Dear Mr. Brown and Ms. Annino, The attached "After -The -Fact" Pre -Construction Notification (PCN) is being submitted on behalf of Wachhund Land Company LLC, represented by Mr. Shannon Slusher. The project site consists of +/- 438.39 acres located in Transylvania County, North Carolina. The site has no assigned physical address, but is located off Camp Buc Road, in Sapphire (35.085120, -83.013383). This application follows our meeting with staff of NC Division of Water Resources on July 7, 2022 and is intended to help resolve the outstanding Notices of Violations. However, some of the activities in question would normally fall under exemptions or non -notifying permits and the applicant reserves the right to further contest these issues as part of any settlement or administrative hearing. While the applicant acknowledges that some unintentional sediment impacts occurred in the past on the site, we believe the applicant's actions should not have resulted in a large civil penalty. We hope this application will assist the agency in seeing reason in agreeing to materially reduce the current penalty and end the present controversies between the parties. The applicant is seeking authorization for Nationwide Permits 3, 13, 27, 29 & 33 for the authorization of stream and wetland impacts associated with the project. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie with the NC Wildlife Resources Commission and Byron Hamstead of the US Fish and Wildlife Service. Sincerely, Britten Yant, P.W.S. R. Clement Riddle, P.W.S Biologist Senior Scientist CC: NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Byron Hamstead 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary Data Entry Fields for New Actions SAW — 2020 - 113 1. Project Name: Slusher — Sapphire Farm 2. Work Type: Private n Institutional n Government n Commercial n 3. Project Description / Purpose: The purpose of the project is to provide access across streams, improve stream habitat and stabilize streams (After -The -Fact Permit). 4. Property Owner / Applicant: 5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company Wachhund Land Company LLC 6. Related Action ID Number(s): SAW-2020-00113 7. Project Location - Coordinates, Street Address, and/or Location Description: The site has no assigned physical address, but is located off Camp Buc Road, in Sapphire (35.085120, -83.013383) in Transylvania County, North Carolina. 8. Project Location - Tax Parcel ID: See Attached Parcel Information 9. Project Location — County: Transylvania 10. Project Location — Nearest Municipality or Town : Sapphire 11. Project Information — Nearest Waterbody: Thompson River (Class C;TR) 12. Watershed / 8-Digit Hydrologic Unit Code: Savannah - 03060101 Authorization: Section 10 n Section 404 n Section 10 & 404 n Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 3/13/27/29/33 n Regional General Permit # n Jurisdictional Determination Request Pre -Application Request Unauthorized Activity n Compliance n No Permit Required Revised 20210513 CLearWaer An EnviroSciance Company® Department of the Army Wilmington District,Corps of Engineers Ann: Scott McLendon,Chief Regulatory Division PO Box 1890 Wilmington,NC 28402-1890 -and- NC DWR,Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh,North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize ent ClearWater Environmental Consultants, Inc. nests and permits to CEC) to act on my bmpact Wetlands ehalf as and during er of the processing of jurisdictional determinationq the US subject to Federal jurisdiction under CEC Section ca tho O authorized to prov4 of the ide an supplementalater Act information as /or Section 10 of the Rivers and Harbors Act of 1899. 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 l0 of the Rivers and Harbors Act of 1899. Property Owner of Record:_[WI c ,-f H 'P.1 .1 L L Property Owner Address: S j z a D`G 4-- rj Phone Number: 2. lS0 - `6 ( — D ci'r y Email address: S i'S 1'1'S GTE w A C►�+4v rJ 1]\ ,`-)+I CS+rvA, nn Property Location: �0 P Owner/Managing partner Signature: Owner/Managing printed name: /dc---) L � Date: ` \4, i 7 D 145 7th Avenue West,Suite B Hendersonville,NC 28792 Phone: 828-698-9800 www.cwenv.com 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 lb. Specify Nationwide Permit (NWP) number: 3/13/27/29/33 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes X No ld. 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 lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh 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: Slusher — Sapphire Farm 2b. County: Transylvania 2c. Nearest municipality / town: Sapphire 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: Wachhund Land Company LLC 3b. Deed Book and Page No. BK00879/PG0344, BK00879/PG0340, BK00879/PG0348 3c. Responsible Party (for LLC if applicable): Shannon Slusher 3d. Street address: 57 Brookline Drive 3e. City, state, zip: Asheville, NC 28803 3f. Telephone no.: 215-888-0994 3g. Fax no.: N/A 3h. Email address: spslusher©wachhundinvestments.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no: 4g. Fax no: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, an EnviroScience Company 5c. Street address: 145 7th Avenue West, Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no: 828-698-9800 5f. Fax no: N/A 5g. Email address: byant©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): See Attached Property Information 1b. Site coordinates (in decimal degrees): Latitude: 35.08512 Longitude: -83.013383 1 c. Property size: 438.39 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Thompson River 2b. Water Quality Classification of nearest receiving water: Class C; Tr 2c. River basin: Savannah 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The property was previously developed as a summer camp. The property was purchased by the current owner to use as a residence and for agricultural use (beef cattle, goats, hay, and butchery operations). The property currently consists of several cabins, barns, a pond and pasture land. Land use in the general vicinity of the project is primarily undeveloped land. 3b. List the total estimated acreage of all existing wetlands on the property: 20.9 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 42,040 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to provide access across streams and improve/stabilize streams (After -The -Fact Permit). 3e. Describe the overall project in detail, including the type of equipment to be used: Please Reference Attached Supplemental Information. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / (includingall priorphases)in the past? project � X Yes ❑ No ❑ Unknown Comments: +/- 97 AC Project Boundary Verified 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): Helia Environmental Agency/Consultant Company: Helia Environmental Other: FUSCO Land Plannind & Design 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 06/04/2020 - SAW-2020-00113 (Attachment A) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? X Yes ❑ No Unknown 5b. If yes, explain in detail according to "help file" instructions. Please Reference Attached Supplemental Information. 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 T Fill Mountain Bog No 401/404 0.03 W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 0.03 2h. Comments: After -The -Fact Permit. Temporary impact to be removed. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 - Choose one - - S2 - Choose one - - S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 544 3i. Comments: Impacts Included With Attached Supplemental Information (Stream Impacts Table) 544 LF (354 LF Permanent/190 LF Temporary) 0.053 AC (0.039 AC Permanent/0.014 AC Temporary) 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 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. Impacts to over 99% (20.473 acres) of wetlands on -site were avoided in the design the project. 98% of on -site stream (41,035 linear feet) was avoided as well. It should be noted that 637 linear feet of the cumulative stream impact is for stream enhancement/stabilization purposes. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. This is an After -The -Fact permit. Sediment and erosion control measures have been updated. 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? 1 2b. Does this project require a Stormwater Management Plan? ❑ Yes X No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project is located in an unincorporated area of Transylvania County. The project will not result in greater than 24% imperviousness. Due to the scope and location of the project, a Stormwater Management Plan is not required. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): ❑ Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes ❑ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la. 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 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval 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)? X Yes ❑ No 2b. Is this an after -the -fact permit application? X Yes ❑ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): The project is currently under violation with the NC Division of Water Resources (DWR) in response to sediment impacts and unauthorized activities on -site. ClearWater responded to the NOV's on June 21, 2022. This after -the -fact permit application is part of the ongoing effort to resolve the violation. 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 project is a private residence/agricultural property located on land previously developed with a sumer camp. The proposed project would not result in additional development which could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated will be treated by the onsite septic system. 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? ❑ No X Yes 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? Please Reference Attached Supplemental Information. 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. Impacts will not occur in a marine system. 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? Please Reference Attached Supplemental Information. 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? NC Floodplain Mapping Program. FEMA Map Numbers 3700759100J,3700850100J,3700759000J, & 3700850000J, effective 04/19/2010 (Figure 6). R. Clement Riddle Applicant/Agent's Printed Name A& 8/14/22 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Supplemental Information Slusher — Sapphire Farm PCN Application Section B. Project Description, 3e.: This after -the -fact permit application is intended to account for the unauthorized stream and wetland impacts that occurred during the construction of the Slusher — Sapphire Farm project. These impacts include temporary culvert crossing fill to a stream and wetland, stream enhancement through the creation of step pools, stream conversion to open water, culvert replacements, and bank stabilization. Wetland impact W1 and stream impact S1 are for a temporary culvert crossing under Nationwide Permit (NWP) 33. Mr. Slusher intends to remove the temporary culvert and temporary wetland fill and install a bridge. Headwaters Engineering is designing a new stream channel from the dam outlet to the Thompson River which will include restoration of impacts W1 and S1. This plan will be submitted under a separate cover to the DWR and the Corps for review and approval. Stream impact S2 is for the stream enhancement through the creation of a series of step pools. The intent of the activity was to improve stream quality channel using natural stream channel techniques under NWP 27. These impacts have been in place for approximately nine months and appear to be stable and functioning. ClearWater recommends an additional year of monitoring for stability. Stream impact S3 is for the conversion of 50 linear feet of unnamed tributary (identified as stream S5 in the original delineation) to the Thompson River to open water. The previously issued (December 9, 2020 and December 3, 2020) 404 and 401 permits approved the conversion of 61 linear feet of stream S5 to open water under NWP 29 and water quality certification #4134, however this impact was never implemented. The applicant proposes stream impact S3 (50 If.) in lieu of the previously permitted open water pond expansion (61 If.). The result of this is a reduction in loss of water s on the project site. Stream impacts 4 through 9 are for six culvert replacements that were completed on an existing road under NWP 3. Headwaters Engineering has prepared a plan to address the perched culvert, identified as stream impact 5. (Attachment C). Stream impact 10 is for stream bank stabilization under NWP 13. 1 Prior to this application submittal, the Slusher— Sapphire Farm project had a total of 149 linear feet (0.008 acres) of permanent permitted stream impacts counting toward the mitigation threshold. The 61 Linear Feet (0.004 acres) of flooding to stream S5 was never implemented and stream impact 3 (50 linear feet/0.015 acres) was put in place instead. The remaining stream impacts are either temporary, replacements, or for the purpose of stabilization/enhancement and would not count toward the stream mitigation threshold. The new cumulative total of permanent permitted stream bed impacts counting toward the mitigation threshold is 138 linear feet (0.019 acres). This is below the 0.02 acres mitigation threshold listed regional condition 7 and therefore mitigation is not required. Impacts to Waters of the US are further depicted in Figure 5 as well as in the Stream and Wetland Impact Tables included with this application. Typical earth -moving equipment has been/will be utilized onsite in order to complete the project (excavator, dump trucks, etc.). Section B. Project History, 5b.: A 404 General permit was issued by the US Army Corps of Engineers on December 9, 2020 (Action ID. SAW-2020-00113). This permit verification authorized 40 linear feet of temporary stream impacts and 149 linear feet of permanent stream impacts to UTs Thompson River under NWP 29. It also, authorized 0.397 acres of permanent impacts to wetlands. Total authorized loss of waters U.S. were 0.018 acres. Under NWP 27, the permit verification authorized 333 linear feet permanent stream impacts to the Thompson River associated with bank and channel stabilization activities. A 401 permit was issued for the impacts listed above by the Division of Water Resources on December 3, 2020 under Water Quality General Certification Number 4134 and Water Quality General Certification Number 4139 (DWR # 20-1004). Section F. Endangered Species and Designated Critical Habitat, 5d: An Official Species List was obtained for the project through the USFWS Information for Planning and Consultation (IPAC) process on June 8, 2022 (Attachment B). ClearWater consulted the FWS's interactive mapper for watersheds (HUC 12) in North Carolina known to contain hibernation or maternity sites for NLEB. The project site is approximately 18-miles from the nearest documented NLEB occupied watershed. Because the project site is greater than 0.25 miles from a known hibernaculum and 2 greater than 150 feet from a known maternity roost tree, this project satisfies the 4(d) rule and consultation with US Fish and Wildlife Service (USFWS) is not required. A review of the NC Natural Heritage Program database on June 8, 2022 indicated one documented occurrence of a federally protected species (Rock Gnome Lichen— Gymnoderma lineare) occurring within one mile the project boundary. The work onsite did not/will not occur in the onsesite stream. It is the opinion of ClearWater that the project will have "no effect" on the Rock Gnome Lichen. Section F. Historic or Prehistoric Cultural Resources, 7b.: ClearWater reviewed the National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service. The following sites were found within a 1-mile radius of the project boundary: Site ID Status Site Name TV0121 SO - Surveyed Only Whitewater Baptist Church TV0122 SO - Surveyed Only Looney Banther Farm Buildings TV0120 SO - Surveyed Only Dan Houck House These properties are listed as Surveyed Only with no further status granted. It is the opinion of ClearWater that project construction will not affect the integrity of the Whitewater Baptist Church or the Looney Banther Farm Buildings. The Dan Houk House was located on the property and has been removed. A record of correspondence during the previous permit application process for the property indicated that the Dan Houk House was not considered a candidate for the National Register of Historic Places. A Historic Resources Map depicting the locations of these sites is included as Figure 7. 3 Stream Impact Sheet Stream Impact Number Permanent or Temporary Type of Impact Stream Name Perennial or Intermittent Type of Jurisdiction Average Impact Width (Ft.) Impact Length (LF) Stream Impact 1 Temporary Culvert Crossing Fill UT to Thompson River (S6) Perennial 404 and 401 4 20 Stream Impact 2 Permanent Enhancement UT to Thompson River (S1) Perennial 404 and 401 6 160 Stream Impact 3 Permanent Conversion to Open Water UT to Thompson River (UT2 to S5) Perennial 404 and 401 13 50 Stream Impact 4 Temporary Culvert Replacement UT to Thompson River (SO) Perennial 404 and 401 4 20 Stream Impact 5 Temporary Culvert Replacement UT to Thompson River (UT1 to S3) Perennial 404 and 401 3 60 Stream Impact 6 Temporary Culvert Replacement UT to Thompson River (UT2 to S3) Perennial 404 and 401 4 20 Stream Impact 7 Temporary Culvert Replacement UT to Thompson River (UT1 to S5) Perennial 404 and 401 3 30 Stream Impact 8 Temporary Culvert Replacement UT to Thompson River (UT3 to S5) Perennial 404 and 401 2 20 Stream Impact 9 Temporary Culvert Replacement UT to Thompson River (UT4 to S5) Perennial 404 and 401 2 20 Stream Impact 10 Permanent Bank Stabilization UT to Thompson River (UT2 to S5) Perennial 404 and 401 0.6 144 Total LF: 544 LF (354 LF Permanent/190 LF Temporary) Total AC: 0.053 AC (0.039 AC Permanent/0.014 AC Temporary) Deed/Property Information View All Cards Next Card TRANSYLVANIA COUNTY 8/2/2022 1:25:30 PM Wachhund Land Company LLC Return/Appeal Notes: Parcel: 7590-98-1632-000 4730 UPPER WHITEWATER RD PLAT: F19/108-109 UNIQ ID 179 70495660 DINING HALL/KITCHEN ID NO: TO11 00001 08 MS.00 COUNTY TAX (100), LK TOX FIRE TAX (100) CARD NO. 1 of 5 Reval Year: 2021 Tax Year: 2023 TR-III SR 1152 261.6500 AC SRC= Inspection Appraised by 14 on 01/01/2021 01100 Whitewater Area TW-08 CI- FR- EX- AT- LAST ACTION 20220121 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE Foundation - 3 Continuous Footing 4.00 Eff. BASE l Standard) 0.07000 CREDENCE TO MARKET USE MOD Area QUAL RATE RCN EYB AYB Sub Floor System - 3 Slab Above Grade 11.00 82B 04 4,745 124 117.80 573961 2005 2002 % GOOD 193.ODEPR. BUILDING VALUE - CARD 533,780 TYPE: B nquet Hall OFFICE STYLE: 1 - 1.0 Story DEPR. OB/XF VALUE - CARD 0 MARKET LAND VALUE - CARD 1,611,760 TOTAL MARKET VALUE - CARD 2,145,540 Exterior Walls - 29 Cement Fiber (lap/sheets) 32.00 Roofing Structure - 06 Irregular/Vaulted 10.00 TOTAL APPRAISED VALUE - CARD 2,145,540 TOTAL APPRAISED VALUE - PARCEL 3,711,720 Roofing Cover - 03 Asphalt or Composition 3.00 Shingle 11 un TOTAL PRESENT USE VALUE - PARCEL 0 TOTAL VALUE DEFERRED - PARCEL 0 TOTAL TAXABLE VALUE - PARCEL $ 3,711,720 Interior Wall Construction - 1 Masonry or Minimum 8.00 1O 1 11 IC 11. s: 30 Interior Floor Cover - 03 Concrete Finished 1.00 PRIOR Heating Fuel - 04 Electric 1.00 BUILDING VALUE 1,072,210 OBXF VALUE 0 LAND VALUE 1,611,760 PRESENTUSE VALUE 0 DEFERRED VALUE 0 TOTAL VALUE 2,683,970 Heating Type - 05 Radiant Ceiling Heat 5.00 Air ConditioningType - 01 YP None 0.00 Structural Frame - 02 Wood Frame 5.00 sr or0 n gpy 11, sr N isr U' +t Ceiling & Insulation - 11 No Ceiling - Roof and Wall 2.00 Insulated PERMIT CODE l DATE 1 NOTE 1 NUMBER 1 AMOUNT Half -Bathrooms BAS-0 FUS- 0 LL-0 _ ROUT: 027WTRSHD: Plumbing Fixtures 12.00 7.000 SALES DATA Office BAS - 0 FUS - 0 LL - 0 0 OFF. RECORD DATE DEED INDICATE TOTAL POINT VALUE 89.000 BOOKPAGE MO YR TYPE Q/U V/I SALES PRICE BUILDING ADJUSTMENTS 00879 00738 004033370 00321.3355 3344 3187 5 9 4 10 2019 2015 2007 1989 WD RR RW WD A I C U I V I I 0 5000 0 0 Quality 4 Above Average 1.2000 Shape/Design 3 SLIGHT IRR 1.1000 BUILDING AREA 4,280 Size Size Size 1.0500 TOTAL ADJUSTMENT TOTAL QUALITY FACTOR 1.390 INDEX 124 NOTES Click on image to enlarge 11101 19109 20906 20116 21118 2211803101 SUBAREA CODE QUALITY DESCRIPTION COUNT LTH WTH UNITS UNIT PRICE ORIG 0/0 COND BLDG# S ZE FACT AYB EYB ANN DEP RATE OVRCOND 0/0 OB/XF DEPR. VALUE TYPE GS AREA 0/0 RPL CS TOTAL OB/XF VALUE 0 BAS 4,28C10C 504184 FSP 70805C 41701 PTO 708005 4123 UST 19C.04C. 8953 FIREPLACE 6 - Mas ive 15,000 SUBAREA TOTALS 5,886 573,961 BUILDING DIMENSIONS BAS=W56W8S30E12S59E40N59E12N30Area:4280;UST=E19N10W19S10Area:190;PTO=S59E12N59W12Area:708;FSP=E12N59W12S59Area:708;Total !Area: 5886 LAND INFORMATION HIGHEST AND BEST USE USE CODE LOCAL ZONING FRON TAGE DEPTH DEPTH / SIZE LND MOD COND FACT OTHER ADJUSTMENTS AND NOTES RF AC LC TO OT ROAD TYPE LAND UNIT PRICE TOTAL LAND UNITS UNT TYP TOTAL ADJST ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTES RURAL AC 0120 0 0 0.7000 4 1.1000 +00 -10 +00 +00 +20 RG 8,000.00 261.650 AC 0.770 6,160.001611764 0 TOTAL MARKET LAND DATA 261.650 1,611,760 TOTAL PRESENT USE DATA TRANSYLVANIA COUNTY 8/2/2022 1:26:54 PM Wachhund Land Company LLC Return/Appeal Notes: Parcel: 7591-92-4120-000 PLAT: F19/108-109 UNIQ ID 648469 70495660 LAUREL KNOB COUNTY TAX (100), LK TOX FIRE TAX (100) CARD NO. 1 of 1 Reval Year: 2021 Tax Year: 2023 TR- V SR 1152 94.8000 AC SRC= Inspectio Appraised by 14 on 01/01/2021 01100 Whitewater Area TW-08 CI- FR- EX- AT- LAST ACTION 20210212 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE Foundation - 6 Mtn. Foundation 10.00 Eff. BASE !Standard 0.00000 CREDENCE TO MARKET USE MOD Area QUAL RATE RCN EYB AYB Sub Floor System - 4 Plywood 9.00 01 01 2,154 229 162.59 353220 2020 2010 % GOOD 1100.0 DEPR. BUILDING VALUE - CARD 353,220 TYPE: SINGLE FAMILY STYLE: 2 - 1.5 Stories RESIDENTIAL SINGLE FAMILY RESIDENTIAL DEPR. OB/XF VALUE - CARD 0 MARKET LAND VALUE - CARD 1,180,260 TOTAL MARKET VALUE - CARD 1,533,480 Exterior Walls - 16 Wood Shingle/Log 33.00 Roofing Structure - 06 Irregular/Vaulted 14.00 TOTAL APPRAISED VALUE - CARD 1,533,480 TOTAL APPRAISED VALUE - PARCEL 1,533,480 Roofing Cover - 13 Metal Standing Seam 10.00 it 13. FSP 13' 22' 12, 12 Interior Wall Construction - 6 Custom Interior 0.00 TOTAL PRESENT USE VALUE - 0 PARCEL TOTAL VALUE DEFERRED - PARCEL 0 TOTAL TAXABLE VALUE - PARCEL $ 1,533,480 Interior Wall Construction - 5 Drywall/Sheetrock 29.00 Interior Floor Cover - 11 Ceramic Clay Tile 0.00 23. - ' 14' US Y 1' 3 FOP 29' PRIOR Interior Floor Cover - 12 Hardwood 16.00 BUILDING VALUE 175,750 OBXF VALUE 0 LAND VALUE 629,470 PRESENT USE VALUE 0 DEFERRED VALUE 0 TOTAL VALUE 805,220 Heating Fuel - 04 Electric 1.00 Heating Type - 10 Heat Pump 4.00 Air Conditioning Type - 03 Central 4.00 13 18 25' 12. 7' 12' WDD 18' Bed rooms/Bathrooms/Ha If- Bathrooms 2/2/1 12.000 PERMIT CODE 1 DATE 1 NOTE 1 NUMBER 1 AMOUNT Bedrooms BAS - 2 FUS - 0 LL - 0 _ 12' FOP 8 19' Bathrooms BAS - 2 FUS - 0 LL - 0 ROUT: 025 WTRSH D: SALES DATA Half -Bathrooms BAS - 1 FUS - 0 LL - 0 OFF. RECORD DATE DEED INDICATE SALES 4 Office BAS -O FUS -O LL -O 0 BOOK PAGE MOYR TYPE Q/UV/I PRICE 12 12 it 00879 007830001 00526 0340 0849 5 10 1 2019 2016 2010 WD* WD WD Q E X I I V 1603500 0 1161500 TOTAL POINT VALUE 1142.000 BUILDING ADJUSTMENTS Quality 6 Custom 1.4000 HEATED AREA 1,787 Shape/Design 4 MODERATE IRR 1.1500 Size Size Size 1.0000 TOTAL ADJUSTMENT TOTAL QUALITY FACTOR 1.610 INDEX 229 NOTES Click on image to enlarge 11-928 SUBAREA CODE QUALITY DESCRIPTION COUNT LTHWTH UNITS UNIT PRICE ORIG 0/0 COND BLDG# SIZE FACT AYB EYB ANN DEP RATE OVRCOND 0/0 OB/XF DEPR. VALUE TYPE GS AREA 0/0 RPL CS BAS 1,502 100 244210TOTAL OB/XF VALUE 0 FCP 216 025 8780 FOP 478 035 27153 FSP 299 040 19511 FUS* 285 090 41786 WDD 272 020 8780 FIREPLACE 2 Pre 3,000 Fabricated SUBAREA TOTALS 3,052 353,220 BUILDING DIMENSIONS BAS=E1S14W1S3S10W7W12W25N13W1N14E23N13E22S1S12Area:1502;FSP=W23S13E23N13Area: 299;FUS=Area: 285; FOP= W12S12E12N 4N8Area: 144; ;FCP=E12S18W12N18Area:216;WDD=S10W7S8N8S8E19N18W12Area:272;FOP=W12E12N29W12S12E1S14W1S3E12Area:334;TotalArea:3052 LAND INFORMATION HIGHEST AND BEST USE USE CODE LOCAL ZONING FRON TAGE DEPTH DEPTH / SIZE LND MOD COND FACT OTHER ADJUSTMENTS AND NOTES RF AC LC TO OT ROAD TYPE LAND UNIT PRICE TOTAL LAND UNITS UNT TYP TOTAL ADJST ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTES RURAL AC 0120 0 0 0.9200 4 0.9000 +00 -10 +00 +00 +00 RG 15,000.00 94.800 AC 0.830 12,450.00 1180260 0 TOTAL MARKET LAND DATA 94.800 1,180,260 TOTAL PRESENT USE DATA TRANSYLVANIA COUNTY 8/ 3/ 2022 7:43:59 AM Wachhund Land Company LLC Return/Appeal Notes: Parcel: 7591-70-5223-000 PLAT: F19/108-109 UNIQ ID 146 70495660 ID NO: MS.00 COUNTY TAX (100), LK TOX FIRE TAX (100) CARD NO. 1 of 1 Reval Year: 2021 Tax Year: 2023 TR-I SR 1152 81.9400 AC SRC= Inspection Appraised by 14 on 01/01/2021 01100 Whitewater Area TW-08 CI- FR- EX- AT- LAST ACTION 20210212 CONSTRUCTION DETAIL MARKET VALUE DEPRECIATION CORRELATION OF VALUE TOTAL POINT VALUE I MOD Eff. Area QUAL BASE RATE RCN EYBAYB CREDENCE TO BUILDING ADJUSTMENTSUSE TOTAL ADJUSTMENT FACTOR TOTAL QUALITY INDEX 01 00 % GOOD I DEPR. BUILDING VALUE - CARD 0 TYPE: SINGLE FAMILY RESIDENTIAL STYLE: DEPR. OB/XF VALUE - CARD 0 MARKET LAND VALUE - CARD 426,090 TOTAL MARKET VALUE - CARD 426,090 TOTAL APPRAISED VALUE - CARD 426,090 TOTAL APPRAISED VALUE - PARCEL 426,090 TOTAL PRESENT USE VALUE - PARCEL 0 TOTAL VALUE DEFERRED - PARCEL 0 TOTAL TAXABLE VALUE - PARCEL $ 426,090 PRIOR BUILDING VALUE 0 OBXF VALUE 0 LAND VALUE 426,090 PRESENT USE VALUE 0 DEFERRED VALUE 0 TOTAL VALUE 426,090 PERMIT CODE I DATE I NOTE I NUMBER I AMOUNT ROUT: 026WTRSHD: SALES DATA OFF. RECORD DATE DEED INDICATE SALES BOOK PAGE MO YR TYPE Q/UV/I PRICE 00381 00879 00412 00412 00358.3226 3654 3348 3561 3558 11 5 2 2 12 1994 2019 1997 1997 1992 WD WD WD WD WD Q A X X U V 100000 V 0 V 100000 V 80000 V 35000 HEATED AREA NOTES 98928 11908 2090798-928 SUBAREA CODE QUALITY DESCRIPTION COUNT LTHWTH UNITS UNIT PRICE ORIG 0/0 1 COND IBLDG# SIZE FACT AYBEYB ANN DEP RATE OVR 0/o COND OB/XF DEPR. VALUE TYPE GS AREA RPL % CS TOTALOB/XF VALUE 0 FIREPLACE SUBAREA TOTALS BUILDING DIMENSIONS LAND INFORMATION HIGHEST AND BEST USE USE CODE LOCAL ZONING FRON TAGE DEPTH DEPTH / SIZE LND MOD COND FACT OTHER ADJUSTMENTS AND NOTES RF AC LC TO OT ROAD TYPE LAND UNIT PRICE TOTAL LAND UNITS UNT TYP TOTAL ADJST ADJUSTED UNIT PRICE LAND VALUE OVERRIDE VALUE LAND NOTES RURAL AC 0120 0 0 0.9300 4 0.7000 +00 -30 +00 +00 +00 PR 8,000.00 81.940 AC 0.650 5,200.00 426088 0 TOTAL MARKET LAND DATA 81.940 426,090 TOTAL PRESENT USE DATA Figures 1-7 Blusher —Sapphire Farm (+1- 438.39 AC) Legend I Project Boundary Project Boundary LI Drawn by: BWY 6.2.22; CEC Project #16117 Transylvania County, North Carolina CLearWater An EnviroScience Company Site Vicinity Map Figure 1 145 7th Avenue West, Suite B Hendersonville, NC 28792 Blusher —Sapphire Farm (+1- 438.39 AC) Legend Project Boundary • LAY Drawn by: BWY 6.2.22; CEC Project #16117 Transylvania County, North Carolina CLearWater An EnyrroScience Company0 145 7th Avenue West, Suite B Hendersonville, NC 28792 USGS Topographic Map Cashiers, NC Quad Figure 2 Slusher Sapphire Farm (+1- 438.39 AC) Legend - N } j' L _ _ Project Boundary r' IIP' 1 r_ ___I F'. . '-' Y.-"..7:,r...:_ 1.1 I . .. _,_ .. . ... „. ".. '. . 1 I .. 1, Project Boundary i - ,. II �` `' tR y,F I (- j ` I I :S I I. T�;r „. I w P i /,h ? ,• rig.._ ••_s.`. _L.:. ,� ti- .I.- - '.•�.' I. - -0 500 1,000 2,000 - - - - _-----_�_ 4 -- Feet Drawn by:BWY 6.8.22,CEC Project#16117 yr a ,' Transylvania County, CLearWater Aerial Ph otograph AnEnyrroSoence Company 0 NCO neMap (2019) North Carolina 145 7th Avenue West,Suite B Figure 3 Hendersonville, NC 28792 Blusher —Sapphire Farm (+1- 438.39 AC) Legend L] Project Boundary Soil AeE; AeF - Chestnut-Edneyville complex AhG - Ashe-Chestnut complex AnE; AnF - Ashe-Edneyville complex AuA - Augusta fine sandy loam BvC - Braddock loam BvE - Brevard loam CdE; CeG; CfF - - Chandler-Micaville complex DeB - Dillard loam FaE - Fannin fine sandy loam HcE3 - Hayesville clay loam - St - Ashe-Cleveland-Rock outcrop complex TeE - Tate fine sandy loam To - Cullowhee-Ela complex TsD; TsE - Saunook loam TuE; TuF - Toecane-Tusquitee complex 11 WaD; WaE - Watauga loam WaF - Watauga sandy loam Drawn by: BWY 6.8.22; CEC Project #16117 N Project Boundary Transylvania County, North Carolina CLearWater An ErrvrroScience Company USDA Soil Map Figure 4 145 7th Avenue West, Suite B Hendersonville, NC 28792 Blusher —Sapphire Farm (+1- 438.39 AC) SO Stream Impact 5 Culvert Replacement - 60 LF / 0.004 AC Stream Impact 4 Culvert Replacement - 20 LF / 0.002 AC Stream Impact 7 Culvert Replacement - 30 LF / 0.002 AC O SI Stream Impact 2 Enhancement - 160 LF / 0.022 AC Wachhund Land Company LLC Verified JD Boundary Verified Stream Verified Wetland Existing Open Water Delineation Boundary (ClearWater) Wetland (ClearWater Delineation) Stream (ClearWater Delineation) Culvert Approximate Stream Existing Roads and Trails Stone Work/Boulders Proposed Entrance Road • Culvert Replacement by:;BWY8.9.22; CEC Project #16117 S26 S25 S22 S27 • a. r S4 (W4) S3 Stream Impact 3 O I Conversion - 50 LF / 0.015 AC -J Stream Impact 8 Culvert Replacement - 20 LF / 0.001 AC Stream Impact 9 Culvert Replacement - 20 LF / 0.001 AC Bank Stabilizationt - 144 LF / 0.002 AC Stream Impact 6 1 L — Culvert Replacement - 20 LF / 0.002 AC OW5) S5 Stream Impact 10 S16 S21 S20 S19 S6 Ws Stream Impact 1 Temporary Culvert - 20 LF / 0.002 AC • l Wetland Impact W1 - Temporary Temporary Culvert Fill - 0.03 AC S10 sii \.� 12\ •. Bridge - No Impact Bridge - No Impact li N // /1 / // // 0 200 400 800 Feet Transylvania County, North Carolina CLea rWaer An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 Stream and Wetland Impact Map Figure 5 Slusher Sapphire Farm (+1- 438.39 AC) Legend L I Project Boundary '1 f 100 Year Floodplain• i, r---' j I ','` ?,, r^. ..se r • 1 j I Zone X-Area of Minimal Flood Hazard i .�, >.: Project Boundary I v' — i r:7, • I I i \ l k — — — i Ii i/• . J. -• /.'_ rft- • �. a r,• ` Y F 0 500 1,000 2,000 I Feet a :C Drawn by:BWY 6.8.22;CEC Project#16117 CLearW�ater FEMA Flood Map Transylvania County, AroEnvrroScoence Company0 Effective Date: 04/19/2010 North Carolina 145 7th Avenue West,Suite B Figure 6 Hendersonville, NC 28792 Numbers:3700759100J,3 70 08 5 01 00J,3700759000J,3700850000J Blusher —Sapphire Farm (+1- 438.39 AC) Legend SHPO Data I Project Boundary 1 Mile Search Radius • Project Boundary • • N • Drawn by: BWY 8.2.22; CEC Project #16117 Site ID Status Site Name TV0121 50 - Surveyed Only Whitewater Baptist Church TV0122 50- Surveyed Only Looney Banther Farm Buildings TV0120 50 - Surveyed Only Dan Houck House - • % 4,S. o a� yP� TV0120 TV0121 TV01221avnee • \ • • 'Py Rrvery Ct Transylvania County, North Carolina CLearWater An EnvrroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 Historic Resources Map NC SHPO Data Base Figure 7 Attachment A: Preliminary Jurisdictional Determination - SAW-2020-00113 Issued June 4, 2020 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2020-00113 County: Transylvania U.S.G.S. Quad: Cashiers NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Wachhund Land Company, LLC / Attn.: Shannon Slusher Address: 2 Stansbury Court Asheville, NC 28803 Telephone Number: 215-888-0994 Email: spslusher(u)email.com Size (acres): 97 Nearest Waterway: UTs Thompson River and Thompson River River Basin/ HUC: Seneca (03060101) Nearest Town: Sapphire Coordinates: 35.08478 N, 83.01350 W Location description: The proiect site is a 97 acre portion of a larger tract of land (PIN 7590-98-1632-000) at the end of Camp Buc Road in Sapphire, Transylvania County., North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, 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 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 waters of the U.S. including wetlands on the above described property 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. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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 to determine their requirements. Placement of dredged or fill material within waters of the US and/or 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 May 14, 2020, and are as approximately depicted on the attached Sapphire Farm Permitting Legend and Existing Conditions and Delineation Map, Sheets L1.00 and L1.01 submitted by FUSO Land Planning and Design, LLC. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Philip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 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 -JD). 2 **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: June 4.2020 Expiration Date: N/A Preliminary JD 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 http://corpsmapu.usace.armv.mil/cm apex/f?p=136:4:0. Copy furnished (by email): FUSCO Land Planning and Design, PLLC, Matt Fusco, P.O. Box 8013, Asheville, NC 28814 Matt@FuscoLA.com Attachment B: Threatened and Endangered Species Information United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2022-0051737 Project Name: Slusher — Sapphire Farm June 08, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 06/08/2022 2 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: hops://www.fws.gov/program/migratory-birds. We appreciate your consideration of Federally listed species. The Service encourages Federal agencies to include conservation of threatened and endangered species in their project planning to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any questions. In any future correspondence concerning this project, please reference the Consultation Code which can be found in the header of this letter. Attachment(s): • Official Species List • USFWS National Wildlife Refuges and Fish Hatcheries • Migratory Birds • Wetlands 06/08/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 06/08/2022 2 Project Summary Project Code: 2022-0051737 Event Code: None Project Name: Slusher — Sapphire Farm Project Type: Aquaculture Project Description: A property in Transylvania County owned by an individual for Agriculture and Forest/Land Management that requires a 401/404 permit. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.08257975,-83.01538286242031,14z Counties: Transylvania County, North Carolina 06/08/2022 3 Endangered Species Act Species There is a total of 9 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME Threatened STATUS Bog Turtle Glyptemys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Insects NAME Similarity of Appearance (Threatened) STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Candidate 06/08/2022 4 Flowering Plants NAME Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 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 Virginia Spiraea Spiraea virginiana No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1728 Lichens NAME Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 STATUS Endangered Threatened Threatened Threatened STATUS Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 06/08/2022 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. NLEB Occupied HUC 12 in North Carolina Oiil& SS H Jnlanc=_ ta in i en+ e Tnar•9e a High Hampton MO¢dy Cove Northern Long Eared Bat Occupied 12-digit Hydrologic Units in North Carolina _a a T'Jk3.i•3y Roones Creek Transylvania Rcsman Connestee Falls State of North Carolina DOT, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA ■ Mr'S' NC DEPARTMENT OF U MW NATURAL AND CULTURAL RESOURCES June 8, 2022 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 145 7th Avenue West Hendersonville, NC 28792 RE: Slusher - Sapphire Farm #16117 Dear ClearWater Environmental Consultants, Inc.: Roy Cooper, Governor D. Reid Wilson, Secretary Misty Buchanan Deputy Directtrr, Natural Heritage Program NCNHDE-18218 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. A query of the NCNHP database indicates that there are records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These results are presented in the attached `Documented Occurrences' tables and map. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or an occurrence of a Federally -listed species is documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEiGh 1_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC V19 707.9120 • FAX 919.707.9121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area Slusher - Sapphire Farm Project No. #16117 June 8, 2022 NCNHDE-18218 Element Occurrences Documented Within Project Area Taxonomic Group Butterfly 40144 Crustacean 33121 26727 26738 30071 Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community 26747 26786 26916 Vascular Plant 6580 Vascular Plant EO ID Scientific Name Common Name Pyrgus centaureae ObeElement Accuracy srvation Occurrei Date Rank Appalachian Grizzled 1938-pre H wyandot Skipper Cambarus chaugaensis Chauga Crayfish Acidic Cove Forest (Typic Subtype) Chestnut Oak Forest (Mesic Subtype) High Elevation Red Oak Forest (Heath Subtype) High Elevation Red Oak Forest (Rich Subtype) Montane Oak --Hickory Forest (Acidic Subtype) Southern Appalachian Bog (Low Elevation Subtype) Calamagrostis porteri 24244 Chelone cuthbertii Vascular Plant 6959 Lysimachia fraseri Natural Areas Documented Within Project Area Site Name Thompson River Headwater Flats Silver Run Preserve/Sassafras Mountain 2019-05-13 2010 2010 2010 2010 2010 2007-11 Porter's Reed Grass 1981-08 Cuthbert's Turtlehead 2007-11-19 Fraser's Loosestrife 2020-10-15 Representational Rating R5 (General) R2 (Very High) E BD B AB AB AB BC X? D C 3-Medium 3-Medium 2-High 2-High 3-Medium 3-Medium 2-High 1-Very High 3-Medium 2-High 2-High Collective Rating C4 (Moderate) Cl (Exceptional) Federal Status State tatus Significantly Rare Special Concern Significantly Rare Peripheral Special Concern Vulnerable Endangered Global State Rank Rank G5T1T S1 2 G2 S2 G5 S4 G4 S3S4 G4 S3 G2 S3 G4G5 S4S5 G1G2 S1S2 G4 S2 G3 S3 G3 S3 Page 2 of 8 Managed Areas Documented Within Project Area* Managed Area Name Iltwner Owner Type Pisgah National Forest - Pisgah Ranger District US Forest Service Federal NC Land and Water Fund Project NC DNCR, NC Land and Water Fund State NOTE: If the proposed project intersects with a conservation/managed area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural Heritage Area (RHA), or Federally -listed species, NCNHP staff may provide additional correspondence regarding the project. Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on June 8, 2022; source: NCNHP, Q1, April 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 3 of 8 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Slusher - Sapphire Farm Project No. #16117 June 8, 2022 NCNHDE-18218 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Group Butterfly Crustacean Dragonfly or Damselfly Dragonfly or Damselfly Lichen Liverwort Mammal Mammal Mammal Moss Moss Natural Community Natural Community Natural Community Natural Community J. 40144 Pyrgus centaureae Appalachian Grizzled wyandot Skipper 33121 Cambarus chaugaensis Chauga Crayfish 33722 Somatochlora elongataSki-tipped Emerald 33784 Stylurus scudderi Zebra Clubtail 11100 Gymnoderma lineare Rock Gnome Lichen 33086 Plagiochila sullivantii A Liverwort 33898 Corynorhinus rafinesquii rafinesquii 36278 Perimyotis subflavus 19256 Sylvilagus obscurus 23630 Ditrichum rhynchostegium Element Observation Occurrence Date Rank 1938-pre H 2019-05-13 2004-Pre 2004-Pre 1996-03-01 2007-10-16 Rafinesque's Big -eared 2004-02-12 Bat Tricolored Bat Appalachian Cottontail Ditrichum Moss 22307 Schlotheimia lancifolia Highlands Moss 26727 26745 26737 30319 Acidic Cove Forest (Typic Subtype) Carolina Hemlock Forest (Typic Subtype) Chestnut Oak Forest --- (Dry Heath Subtype) Chestnut Oak Forest --- (Mesic Subtype) 2018-02-08 1961-07 1951-06-07 1956-11-01 2010 2007-09-05 2010 2010 Accu racy 3-Medium E 3-Medium H? 5-Very Low H? 5-Very Low C 3-Medium E 2-High E 2-High E 2-High H 4-Low H 3-Medium H 3-Medium BD 2-High C 1-Very High B 3-Medium B 2-High Federal State Global State Status Status Rank Rank i Significantly G5T1T S1 Rare 2 Special G2 S2 Concern Significantly G5 S2 Rare Significantly G5 S1S2 Rare Endangered Endangered G3 S3 Significantly G2 S2 Rare Throughout Threatened G3G4T S2 3 Significantly G3G4 S3 Rare Game Animal G4 S3 Significantly G3G5 S1? Rare Throughout Significantly G1 S1 Rare Other G5 S4 G2 S2 G5 S5 G4 S3S4 Page 4 of 8 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Last •up Obser Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community Natural Community 26738 30318 4060 30071 26747 26749 30072 26764 26786 39113 30138 39114 7106 26820 Chestnut Oak Forest (Mesic Subtype) Chestnut Oak Forest (White Pine Subtype) High Elevation Granitic --- Dome High Elevation Red Oak Forest (Heath Subtype) High Elevation Red Oak Forest (Rich Subtype) High Elevation Rocky Summit (Typic Subtype) High Elevation White Oak Forest Montane Cliff (Acidic Herb Subtype) Montane Oak --Hickory --- Forest (Acidic Subtype) Montane Oak --Hickory --- Forest (Acidic Subtype) Montane Oak --Hickory --- Forest (Basic Subtype) Montane Oak --Hickory --- Forest (White Pine Subtype) Pine--Oak/Heath (Typic Subtype) Rich Cove Forest (Montane Intermediate Subtype) 2010 2010 1992-04-20 2010 2010 2007-09-05 2010 2007-11-01 2010 2019-03-29 2010 2020-11-06 2010 2010 Element Occurrence Rank B 2-High B 3-Medium B? 4-Low AB 3-Medium Accuracy Federal Status AB 3-Medium BC 1-Very High AB 2-High BC 3-Medium AB 2-High C 3-Medium AB 4-Low B 3-Medium NR 4-Low BC 2-High State Global State Status Rank Rank G4 S3S4 G3 S3 G2G3 S3 G4 S3 G2 S3 G2 S2 G2Q S1S2 G3G4 S3 G4G5 S4S5 G4G5 S4S5 G3 S3 G2G3 S2 G3 S3 G4 S4 Page 5 of 8 Taxonomic •up Element Occurrences Documented Within a One -mile Radius of the Project Area EO ID Scientific Name Common Name Last Obser Natural Community Natural Community Natural Community Natural Community Natural Community Reptile 17612 Vascular Plant 6580 Vascular Plant 24244 Vascular Plant 24727 Vascular Plant Vascular Plant Vascular Plant Vascular Plant Vascular Plant 8238 13398 6959 26700 10803 26751 Rich Montane Seep 26916 26831 Southern Appalachian --- Bog (Low Elevation Subtype) Spray Cliff 26833 Spray Cliff 26835 White Pine Forest Crotalus horridus Timber Rattlesnake Calamagrostis porteri Porter's Reed Grass Chelone cuthbertii Hymenophyllum tayloriae Lysimachia fraseri Lysimachia fraseri Lysimachia fraseri Lysimachia fraseri Rhododendron vaseyi Cuthbert's Turtlehead Gorge Filmy Fern Fraser's Loosestrife Fraser's Loosestrife Fraser's Loosestrife Fraser's Loosestrife Pink -shell Azalea Vascular Plant 15550 Rhododendron vaseyi Pink -shell Azalea Vascular Plant 4169 Rhododendron vaseyi Pink -shell Azalea Vascular Plant 23372 Solidago simulans Granite Dome Goldenrod Vascular Plant 41280 Steironema hybridum Lowland Loosestrife 2007-10-16 Element Occurrence Rank Accuracy Federal Status BC 1-Very High 2007-11 BC 1-Very 2007-11-19 2007-10-16 2007-11-01 1959-08-08 1981-08 2007-11-19 1966-07-26 2007 1997-06-12 2020-10-15 2007-11-08 1976-Pre 1970-05-12 2007-04-16 2013-10-15 1964-07-23 High B 2-High B 2-High A 4-Low H 4-Low X? 3-Medium D 2-High H 3-Medium D? 3-Medium C 2-High C 2-High CD 2-High H 4-Low H 4-Low C 3-Medium E 3-Medium H? 3-Medium State Global State Status Rank Rank Special Concern Significantly Rare Peripheral Special Concern Vulnerable Significantly Rare Other Endangered Endangered Endangered Endangered Significantly Rare Limited Significantly Rare Limited Significantly Rare Limited Significantly Rare Limited Significantly Rare Peripheral G3 S3 G1G2 S1S2 G2 S2 G2 S2 G2G3 S2 G4 S3 G4 S2 G3 S3 G2 S1S2 G3 S3 G3 S3 G3 S3 G3 S3 G3 S3 G3 S3 G3 S3 G2 S2 G5 S2? Page 6 of 8 Natural Areas Documented Within a One -mile Radius of the Project Area Site Name Abes Creek Forests Rainy Knobs Thompson River Gorge Thompson River Headwater Flats Silver Run Preserve/Sassafras Mountain Representational Rating R2 (Very High) R5 (General) R1 (Exceptional) R5 (General) R2 (Very High) Managed Areas Documented Within a One -mile Radius Med Area Name Conserving Carolina - Abes Creek Nantahala National Forest - Nantahala Ranger District Pisgah National Forest - Pisgah Ranger District Silver Run Preserve NC Land and Water NC Land and Water NC Land and Water Fund Project Fund Project Fund Project Conserving Carolina Easement Conserving Carolina Easement Conserving Carolina Easement NC Wildlife Resources Commission Easement of the Project Area Conserving Carolina US Forest Service US Forest Service The Nature Conservancy NC DNCR, NC Land and Water NC DNCR, NC Land and Water NC DNCR, NC Land and Water Conserving Carolina Conserving Carolina Conserving Carolina NC Wildlife Resources Commission Fund Fund Fund Collective Rating C4 (Moderate) C5 (General) C1 (Exceptional) C4 (Moderate) C1 (Exceptional) • wner Type Private Federal Federal Private State State State Private Private Private State Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on June 8, 2022; source: NCNHP, Q1, April 2022. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 7 of 8 s June 8, 2022 Managed Area (MAREA) ❑ NHP Natural Area (NHNA) ❑ Buffered Project Boundary ❑ Project Boundary NCNHDE-18218: Slusher — Sapphire Farm Sources: Esn, Airbus D.S. USGS, NGA, NASA, CGIAR, N Robinson, NCEAS, NLS, OS, NMA, Geodataslyrelsen, R 1k5waterstaal. GSA, Gedand. FERIA, Inlermap and Me GIS user Wmmunily Sources: ESrr, HERE, Gasmin, FAO, NOAA, USGS, ® OpenSlreelMap canlnbulora, and the GIS user Community Page 8 of 8 Britten Yant From: Britten Yant Sent: Thursday, May 12, 2022 9:31 AM To: 401 PreFile@ncdenr.gov Subject: 401 Pre -filing Meeting Request Please fill out the following information: Project Name: Slusher - Sapphire Farm County: Transylvania County Applicant Name: Wachhund Land Company, LLC Applicant Email: britten@cwenv.com (Consultant) 1