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HomeMy WebLinkAbout20221297 Ver 1_ePCN Application_20220920DWR Division of Water Resources Initial Review Pre -Construction Notification (PCN) Form For Nationwide Permits and Regional General Permits (along with corresponding Water Quality Certifications) April 13, 2022 Ver 4.3 Has this project met the requirements for acceptance in to the review process?* Yes No Is this project a public transportation project?* Yes No Change only if needed. Pre -Filing Meeting Date Request was submitted on: 7/11/2022 BIMS # Assigned* Version#* 20221297 1 Is a payment required for this project?* No payment required Fee received Fee needed - send electronic notification What amout is owed?* $240.00 $570.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Mitchell Anderson:eads\mlanderson Information for Initial Review la. Name of project: Legacy Soccer Complex la. Who is the Primary Contact?* Interface Environmental Consulting; Sarah Kilby lb. Primary Contact Email:* lc. Primary Contact Phone:* duke.sarah123@gmail.com (828)773-5523 Date Submitted 9/20/2022 Nearest Body of Water Floyds Creek Basin Broad Water Classification C Site Coordinates Latitude: 35.330445° A. Processing Information County (or Counties) where the project is located: Rutherford Is this a NCDMS Project Yes No Is this project a public transportation project? * Yes No Longitude: -81.909328° la. Type(s) of approval sought from the Corps: Section 404 Permit (wetlands, streams and waters, Clean Water Act) Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted?* Yes No 1 b. What type(s) of permit(s) do you wish to seek authorization? Nationwide Permit (NWP) Regional General Permit (RGP) Standard (IP) lc. Has the NWP or GP number been verified by the Corps? Yes No Nationwide Permit (NWP) Number: 42 - Recreation Facility NWP Numbers (for multiple NWPS): ld. Type(s) of approval sought from the DWR: 401 Water Quality Certification - Regular Non-404 Jurisdictional General Permit Individual 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? Yes No 1 h. Is the project located in any of NC's twenty coastal counties? Yes No 1j. Is the project located in a designated trout watershed? Yes No B. Applicant Information ld. Who is applying for the permit? Owner Applicant (other than owner) le. Is there an Agent/Consultant for this project?* Yes No 2. Owner Information 2a. Name(s) on recorded deed: RHI Legacy Foundation, Inc., a North Carolina non-profit corporation 2b. Deed book and page no.: DB 2041 PG 3895 2c. Contact Person: Terry Hines 2d. Address Street Address 431 S Main Street Address Line 2 Suite 3 City Rutherfordton Postal / Zip Code 28139 401 Water Quality Certification - Express Riparian Buffer Authorization State / Province / Region NC Country USA Yes No Yes No 2e. Telephone Number: 2f. Fax Number: (828)305-8633 2g. Email Address: * Terry.Hines@rhilegacy.com 3. Applicant Information (if different from owner) 3a. Name: Alex Gotherman 3b. Business Name: Destination by Design 3c. Address Street Address 136 Furman Road Address Line 2 Suite 6 City Boone Postal / Zip Code 28607 3d. Telephone Number: (828)386-1866 3f. Email Address: * alex@dbdplanning.com 4. Agent/Consultant (if applicable) 4a. Name: Carrie Caviness 4b. Business Name: Interface Environmental Consulting, LLC 4c. Address Street Address 476 Hidden Pond Road Address Line 2 City Boone Postal / Zip Code 28607 4d. Telephone Number: (919)656-4543 4f. Email Address: * carrie.caviness.1@gmail.com C. Project Information and Prior Project History State / Province / Region NC Country USA 3e. Fax Number: State / Province / Region NC Country USA 4e. Fax Number: 1. Project Information 1 b. Subdivision name: (if appropriate) lc. Nearest municipality / town: Forest City 2. Project Identification 2a. Property Identification Number: 1625729 2b. Property size: 55.5 2c. Project Address Street Address 520 Piney Ridge Road Address Line 2 City Forest City Postal / Zip Code 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Floyds Creek 3b. Water Resources Classification of nearest receiving water: * C 3c. What river basin(s) is your project located in?* Broad 3d. Please provide the 12-digit HUC in which the project is located. 030501050502 4. Project Description and History State / Province / Region NC Country 4a. 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 project site is located in Rutherford County, NC, approximately 2.5 miles west of Forest City. Current conditions on the parcel consist of maintained meadow, with forest areas buffering streams and wetlands. There are five streams on the parcel and one wetland area; Floyds Creek, four unnamed tributaries (UTs), UT-1, UT-2, UT-3, UT-4, and Wetland 1 (W1). Wetland 1 acts a headwater wetland to UT-1. Land use in the vicinity is semi -rural consisting of private residences, Isothermal Community College, and commercial businesses. The parcel is bordered to the south by Floyds Creek and to the north by Piney Ridge Road. See attachments. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? * Yes No Unknown 4f. List the total estimated acreage of all existing wetlands on the property: 0.007 4g. List the total estimated linear feet of all existing streams on the property: 2122 4h. Explain the purpose of the proposed project: * The purpose of the proposed project is to create a recreational soccer complex, including six fields with associated parking, sidewalks, and restrooms. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: * The proposed project will construct a recreational soccer complex with associated paving, parking, restrooms, and grading. Impacts to aquatic resources include 147 linear feet of stream impacts (0.007 ac) of an unnamed tributary to Floyds Creek, UT-1, as well as ±0.007 acres of impact to Wetland 1 (W1), for parking lot grading. Wetland 1 is a headwater seep to UT-1 (see Jurisdictional Determination, attached). Wetland and stream impacts include a gravel/pipe collection system to a discharge at a headwall to the existing UT-1 streambed. Work will involve the use of heavy equipment which may include track -hoes, back -hoes, skid steers and dump trucks. Stormwater will be managed per town of Spindale Phase II requirements and an accompanying stormwater plan to be submitted separately to Jim Farkas at the state stormwater office. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* Yes No Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* Preliminary Approved Not Verified Unknown N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 6. Future Project Plans Adam Williams, PWS Brushy Fork Environmental Consulting, Inc. 6a. Is this a phased project?* Yes • No Unknown Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? D. Proposed Impacts Inventory 1. Impacts Summary la. Where are the impacts associated with your project? (check all that apply): Wetlands Open Waters 2. Wetland Impacts Streams -tributaries Pond Construction Buffers 2a. Site #* (?) 2a1 Reason (?) 2b. Impact type*(?) 2c. Type of W.* 2d. W. name 2e. Forested* 2f. Type of Jurisdicition* (?) 2g. Impact area* W1 Grading P Seep Wetland 1 J(acres) Yes Both 0.007 2g. Total Temporary Wetland Impact 0.000 2g. Total Wetland Impact 0.007 2i. Comments: 2g. Total Permanent Wetland Impact 0.007 Approximately 0.007 acres of W1 proposed to be impacted in association with parking lot construction and grading. The wetland seep flow will be captured in a pipe/gravel collection system to be designed by the project civil engineer. 3. Stream Impacts 3a. Reason for impact (?) 3b.Impact type* 3c. Type of impact* 3d. S. name* 3e. Stream Type* (9) 3f. Type of Jurisdiction* 3g. S. width 3h. Impact length* Si Grading Permanent Culvert Unnamed Tributary 1 Intermittent Both 2 Average (feet) 147 (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 147 3i. Total stream and ditch impacts: 147 3i. Total temporary stream impacts: 0 3j. Comments: Approximately 147 linear feet of UT-1 to be impacted (pipe/gravel) for parking lot construction and grading. E. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The project was designed specifically to minimize impacts to aquatic resources by placing the complex away from most of the streams on the parcel, reducing overall impacts. Permanent stormwater measures are set in place to protect aquatic resources. Impact length along UT-1 was minimized by greatest extent practicable using headwalls at the culvert outlet. Impacts to downstream resources will be mitigated via post construction stormwater measures. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: An Erosion and Sediment Control Plan is required for the disturbance threshold and will be submitted separately to the Asheville Regional Office (DEMLR) by the project engineer. If water is present at the time of construction, a pump -around system will be used when working on UT-1. All equipment will be well maintained, no leaks will be tolerated. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? Yes No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The project does not exceed the threshold for Compensatory Mitigation. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 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 No If no, explain why: The project is not within or adjacent to a protected riparian buffer. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * Yes No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? Yes No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? Yes No N/A - project disturbs < 1 acre 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management Plan Antidegradation Calculations Comments: Stormwater Management Plan is in progress and will be submitted separately to the state. The project is under Phase II stormwater requirements for the town of Spindale. A post construction stormwater management plan will be submitted to Mr. Jim Farkas at the state stormwater program office (per prior email correspondence). The project has been deemed high density, not due to impervious surfaces, but stormwater collection methods. G. Supplementary Information 1. Environmental Documentation la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* Yes 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 Comments: * Less than 10 % of the project will be funded by state funds, the rest of the funds to be distributed by a non-profit. Does not meet SEPA criteria for the state of North Carolina. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)?* Yes No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* Yes No 3b. If you answered "no," provide a short narrative description. No future development is anticipated at this time. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* Yes No N/A 4b. Describe, in detail, the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. The facility will tie into the Forest City sewer and water line. 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 No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* Yes No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* Yes 5e. Is this a DOT project located within Division's 1-8? Yes No No Unknown 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? Yes No 5g. Does this project involve bridge maintenance or removal? Yes No 5h. Does this project involve the construction/installation of a wind turbine(s)?* Yes No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? Yes No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPaC Species List and Effect Determination 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* Yes No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? * NOAA Essential Fish Habitat Mapper, online, accessed 09/2022. 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?* Yes No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* HPO Web Mapper. Additionally, a request was submitted for review to Environmental.Review@ncdcr.gov on 9/6/2022 for review of any archeological resources. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain?* Yes No 8c. What source(s) did you use to make the floodplain determination?* FEMA National Flood Hazard Layer FIRMette (attached) Miscellaneous Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred. Click the upload button or drag and drop files here to attach document PCN Submittal Package.pdf 14.26MB File must be PDF or KMZ Comments See cover letter and attachments Signature By checking the box and signing below, I certify that: A • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and • 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 have given true, accurate, and complete information on this form; I agree that submission of this PCN 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 PCN form. Full Name: Sarah Kilby Signature laud V.11 Date 9/20/2022 0 ,41 INTERFACE September 20, 2022 RE: Legacy Soccer Complex - Rutherford County This package includes materials and attachments pertinent to Pre -Construction Notification for a proposed soccer complex in Rutherford County, NC. The property is owned by RHI Legacy Foundation and is located at 520 Piney Ridge Road, Forest City, NC. Please find the following materials included in this submission: • Agent Authorization Form(s) • Vicinity Map • USGS Topographic Map • National Flood Hazard Layer FIRMette • NC SHPO Map (HPO Web Mapper) • Jurisdictional Determination Report with attachments (Brushy Fork Environmental Consulting, Inc.) • Interface Environmental Consulting, LLC Stream and Wetland Datasheets a. NC DEQ Stream ID Form b. NC SAM c. NC WAM • Impacts Summary Map • USFWS Species List • Pre -Filing Meeting Request • USACE Correspondence • NC DEQ Correspondence If you have any questions, please reach out to me directly. Sincerely, Sarah Kilby Interface Environmental Consulting, LLC. 828-773-5523 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID(s): 1625729 STREET ADDRESS: 520 Piney Ridge Road, Forest City, NC 28043 Property Owner: RHI Legacy Foundation (Terry Hines — Executive Director) The undersigned, registered property owners of the above noted property, do hereby authorize Carrie Caviness, PhD , of Interface Environmental Consulting, LLC (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any standard and special conditions attached. Property Owner's Address (if different than property above): 431 S Main Street, Suite 3, Rutherfordton, NC 28139 Telephone: 828-305-8633 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signatu Date: y/,zo��. & i;.! C t C - ;biz. AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID(s): 1625729 STREET ADDRESS: 520 Piney Ridge Road, Forest City, NC 28043 Project Applicant: Destination by Design (Alex Gotherman) The undersigned, registered property owners of the above noted property, do hereby authorize Carrie Caviness, PhD , of Interface Environmental Consulting, LLC (Contractor/Agent) (Consulting Firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any standard and special conditions attached. Project Applicant's Address (if different than property above): 136 Furman Road, Suite 6, Boone, NC 28607 Telephone: 828-386-1866 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. Authorized Signature: Date: 09/14/22 D31 0 L099Z ON •3N009 07'03 CNOd N3001H 9Lb 011 •ONI1l0SN00 1V1N31NN021IAN3 30V321311,11 om m .� ■ • .__• ■ EI HOS ON 'ALNN00 0?J03?J3Hina X31d1100 eI3000S A0V031 dVW NOLLV001 N \ co 2USG$ U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGIGL SURVEY C US Topo NORTH CAROLINA RUTHERFORDFCN SOUTH QUADRANGLE fry w� -- �wR Y�� �. ^ 7� � -- � A,-4--- fi l'Eiolf: rA -ate . ti �► p s � � riv t AL64 i.-",_ 40 p ..,81, /----#.! e i `' a N IA ',..5--,_ jr,J6,Vi, k _ - .._ _ __ _., evfli , . 04 1` it ;- ) 6 1 lf,, , ,.,_, /' .c,.5-) tA._ ro,,--....( 01, L._ irafro-14-%. �' 1'' SUBJECT t Ltzsf>-,/ ,I131.- ,ffikOr-b, rt-","' PROPERTYav� 1,9eW® ,...,\/7-141 kW' 11.,-I i 1 0P,'IZIZ 1 1107,\-----TAL-L--A.4.--1.-Z tit %------411._ elirAtN, _P , I ��� it.b" 1 g , �® '''' /1 "NrAtrA1434‘71:4 --Apt ,c.;.-.4-4, L-. /.744----- r.:,. 1 ,,•tc•-L4fro 4‘,74 TifirVit • :- 14 1616 04ca, !, •••,..,N — \ 7 ' ' 'ir 77"21#117 l' (IA ,r ' ,L4._&,,../ -Itil-RMEtittqW-t r----,-. am. lkii----Tr----,V- r•\•0 / itt.44.72.-Alipl-LA,wtT1111 m___ .,,-4.,,,,,Ar.rf,vprre i i 7,i = 7 Wir.70.7,i-tc.:,,,z „.,_,_, , , -07.,___,,-‘,,, . , _ -_,,,, „,,, ..k.,.,____-4 ,.„.„,,, th,,,,,../..6/1. 0 vw-,Zykrdir ret,.6., , SPAN-t-Wi ,b, tl.Ner ,,,„..., . 0 N , k rc___,,v k votimazw.70,0 era , _, mtelow , s470,--, nor 1 )1/4111' - -0 OP rf41 <1 '- r,"--Lr-j":4- lirl x iiillW.141 40.111kt I" 4i-liir--NaVilek_1(1P--- ,rA ,. „_, 1 r ,\.. - \ - ` - - - -t - - , ! 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VP4r4;44--/ :AUL', -----.'' -Izetir 4.14 ikt k o • tia- A. 09 OH 05 .07.00 RUTHERFORDTOJ SOUTH, NC N S CO J T2 CO N CO 0 0 L.L CO 0 CO Z SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT 81°54'52"W 35 0 00x o ¢ a N C N 2 e w 4i "O > N a) N N ao 2 Ott •O > ¢ m . m a) • ci x y ° Q -o v 3 s3 = x E > Q O O e O N O = O O v 6 W LL w a N T a) a) C o "6 ' 0 N (6 U O o �a -O N N U o t 3 �aso� y m LL_ m LL 0 +' _2,3ON O 0E a Q O N O W EN dO La)L d i¢m ¢m0°6 ULL o 1Nd6 (d6ad wN O O O N LLUt QJ Q Q W _ll0L zii 0 w O Q J o act aU ▪ Q OM Oct coN W Q W x <0 w 0 xLL 0 0 Area of Undetermined Flood Hazard zoned OTHER AREAS Water Surface Elevation w 0 C O wd w 213 _ O (a L_ aco a) U co - Profile Baseline Hydrographic Feature Digital Data Available No Digital Data Available ❑O J Lu a a 2 o_ 0 E E a) L y O % a) a) p ag+ H C 6 ba O < N Y m w E o U T W 0 O T i) 4 0 N E a) ScE N 5 0 ova 0' . L 1 E o 0 aM y O(a a y E(a . 0 N a a) g N E ? 3 N N N C w C i a) M N cI C J c a3 0 a) x = o m a6 as z o 2 _ Y O L a) y o a U L a) 28iii4e7T 45 o N a) U t ca (6 N E a) 81°54'14"W 35°19'33 0 0 0 cm LL O O O °grn M: 0 • N to F Pi Hillside Dr .Qr go Oc Search all NCHPO data • Olt es • caa j0 so. J, �;;' Exk r n a-plazaDr w o Debby Le to 4a o` 'y) 0 o Y iJ '0 a a c Friar S� 1�0a E c '• '- 4C` t D 3 J 2 aA 4'9A c� Q b se'evs' rz p ~O 44 0 U 2 V z W 713 pQGrs F �'[a Jurisdictional Determination Piney Ridge: Rutherford County, North Carolina Date: May 25, 2021 Prepared By: `ck En� E. a' (r-14ulldnV :' Brushy Fork Environmental Consulting, Inc. 10565 Highway 421 Trade, Tennessee 37691 Adam Williams, PWS Prepared for: DESTINATION DESIGN 91,,,::1I•15.1 i ... ,. , Destination by Design 136 Furman Road, Suite #6 Boone, North Carolina 28607 1. TABLE OF CONTENTS 1. TABLE OF CONTENTS 1 2. INTRODUCTION AND LOCATION 2 3. REGULATORY DEFINITIONS 2 4. TECHNICAL DEFINITIONS 2 5. SITE DESCRIPTION 4 5.1 General 4 5.2 Soils 4 5.3 Wetlands 5 5.4 Streams 5 Appendices A. Project Site Location Map B. Project Sit USGS Topographic Map C. Project Site Jurisdictional Determination Site Map D. Project Site USDA Soils Map E. NC DWQ Stream Identification Forms F. Wetland Determination Field Datasheets G. Project Photosheets H. USACE Preliminary Jurisdictional Form 2. INTRODUCTION AND LOCATION A United States Army Corps of Engineers (USACE) jurisdictional wetland delineation and NC DWQ Stream Determination was performed for a project site in Rutherford County, North Carolina on May 5, 2021. This report presents the findings of "waters of the United States" including jurisdictional streams and wetlands, and "waters of the State". The Subject Property (35.330445°,-81.909328°), is located at 545 Piney Ridge Lane, in Forest City, North Carolina. The jurisdictional wetland delineation was conducted according to guidelines set forth in the USACE "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0)." A TVARAM was conducted using the TVARAM Quantitative Rating field form (rev. 2005). The jurisdictional stream determination was conducted according to guidelines set forth in the joint Environmental Protection Agency (EPA) and USACE document, "U. S. Army Corps of Engineers Jurisdictional Instructional Guidebook", May 2007". Four jurisdictional streams were identified on the Subject Property: Unnamed Tributary 1, Unnamed Tributary 2, Unnamed Tributary 3, and Unnamed Tributary 4; hereby respectively as UT 1, UT 2, UT 3, and UT 4. One jurisdictional wetland area (±0.002 acres) was identified on the Subject Property, referred to as Wetland 1. The wetland area lies at the spring head of UT 1 (See jurisdiction determination map). Adam Williams, of Brushy Fork Environmental Consulting, Inc. (BFEC), located and flagged the jurisdictional wetland/stream areas shown on the attached Jurisdictional Site Map given in Appendix C. 3. REGULATORY DEFINITIONS "Waters of the United States" are regulated by the Corps of Engineers based on authority from Section 404 of the Clean Water Act. They include waters that are or could be used for interstate commerce such as rivers, wetlands, lakes, territorial seas, and ponds, as well as streams, waterways, and ditches below the "Ordinary High -Water Mark (OHWM)". Manmade water bodies and farmed wetlands may also be considered jurisdictional depending on their connection to other "waters of the U.S." if they are not actively mined, farmed, or otherwise managed for five (5) years. A specific detailed definition of "waters of the United States" can be found in the Federal Register (33 CFR 328.3). Activities in these areas will require a Corps of Engineers permit if they include the discharge of dredged of fill material into "waters of the U.S.". "Waters of the State" are "any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water. They can be surface or underground, public, or private, natural, or artificial. Finally, they must be contained in, flow through, or border upon any portion of this State (North Carolina) (including any portion of the Atlantic Ocean over which the State has jurisdiction)." This definition is provided by the North Carolina Department of Environment and Natural Resources, Division of Water Resources, 401 Buffer Permitting Unit. 4. TECHNICAL DEFINITIONS Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and duration enough to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. They are identified based on the three -parameter 2 approach outlined in the Corps of Engineers "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Regional" (2012). The three criteria include hydrophytic vegetation, hydric soils, and wetland hydrology. Generally, all three criteria must be present to make a positive wetland determination. The criteria are defined as follows: Hydrophytic vegetation, due to morphological, physiological and/or reproductive adaptation(s), has the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Individual species have been assigned indicator status by the USFWS - National Wetland Inventory and the National Plant List Panel. Vegetation is considered hydric when more than 50% of the dominant species from all strata are OBL, FACW, FAC+ or FAC. Secondary vegetation rules include the species Prevalence Index which takes non -dominant species into consideration, observed plant morphological and physiological adaptations, and certain problematic wetland situations. Indicator Status Probability of Occurrence in Wetlands Obligate Wetland - OBL > 99% Facultative Wetland - FACW 67-99% Facultative - FAC 34-66% Facultative Upland - FACU 1-33% Obligate Upland - UPL <1% Hydric soils are present if they have been classified as hydric or when they possess characteristics associated with reducing soil conditions known as hydric indicators. Wetland soils were evaluated for hydric indicators with the USDA/NRCS report "Field Indicators of Hydric Soils in the United States, A Guide for Identifying and Delineating Hydric Soils, Version8.2, 2018". Hydric soils in this report are those where an indicator for "All" or "Loamy and Clayey" soils (USDA Land Resource Region "N") is present. Colors were determined using the Munsell soil color chart. Hydrology in wetlands occurs in areas inundated permanently or periodically at mean water depths of <6.6 feet, or if the soil is saturated to the surface for approximately nine (9) days consecutively during the growing season of the prevalent vegetation. Wetland hydrology indicators may be present above or below the surface. Primary indicators include inundation, saturation in the upper 12 inches, watermarks on standing structure, sediment deposits and hydrogen sulfide odor. A minimum of one primary indicator is required for the presence of a wetland. Secondary indicators (two or more required) include drainage patterns, moss trim lines, crayfish burrows, and the FAC-neutral test. In general, an area must meet all three criteria to be classified as a wetland. In certain "naturally problematic" areas such as seasonal wetlands which are not wet at all times, or in recently disturbed situations, an area may be considered a wetland if only two criteria are met. Perennial stream means a well-defined channel that contains water year-round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. [15A NCAC 02B .0233(2)(i)] 3 Intermittent stream means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the conveyance of water. [15A NCAC 02B .0233(2)(g)] Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water. [15A NCAC 02B .0233(2)(d)] 5. SITE DESCRIPTION 5.1 General The Subject Property consists of a ±55.5 acre parcel in south-central Rutherford County, approximately 2.5 miles west of Forest City (PIN 1625729). The entire Subject Property was evaluated for aquatic resources subject to federal and state jurisdiction. Elevations on -site range between ±980 and ±1080 feet above mean sea level (Appendix B). The Subject Property is in the Floyd's Creek Watershed (HUC12: 030501050502), in the Broad River Basin. The Streams on property drain to Floyd's Creek, which has been classified as Class C (waters protected for secondary recreation uses). 5.2 Soils Three (3) soil types are mapped on the USDA Soil Map presented in Appendix D. The dominant soil type is Pacolet sandy clay loam which comprises 52.1% of the site. Pacolet-Bethlehem complex comprises 46.9% of the site and is located along the interfluves of the unnamed tributaries. The southern portion of the site contains Chewacla loam, found along the flood plain of Floyd's Creek, and makes up 1.1% of the mapped soils. The soil types which occur on the Subject Property are listed and described in detail below. Soils was compiled from U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey data, accessed 05/06/2021. Table 1. Soil Unit Descriptions Map Unit Symbol Map Unit Description Landform Drainage Class ChA Chewacla loam, 0-2% slopes, frequently flooded Flood plains Somewhat poorly drained PaC2 Pacolet sandy clay loam, 8- 15% slopes, moderately eroded Hillslopes on ridges Well drained PbB2 Pacolet-Bethlehem complex, 2-8% slopes, moderately eroded Interfluves Well drained 4 5.3 Wetlands BFEC delineated one jurisdictional wetland area (Wetland 1) and completed the USACE Wetland Determination Datasheets for the wetland (W1) and non -wetland area outpoints (01 and 02) within the Subject Property on May 11, 2021. The wetland boundary and location of soil sample points are presented in the Jurisdictional Determination Map in Appendix C. Wetland 1, ±0.002 acres, is located at the spring head of UT 1, just before the stream begins to channelize and become a linear feature. Wetland 1 is fed by the spring head as well as run-off from the surrounding natural valley. Surface water, evidence of high water table, and saturation were present hydrologic indicators at the time of the delineation. Dominate vegetation consists of Carex stipata, Rumex obtusifolius, and Toxicodendron radicans, resulting in a prevalence index of 2.85. The soil sample (W1) for Wetland 1 presented a matrix of 7.5YR 4/1, and indicators of Sandy Mucky Mineral-S1. See wetland datasheets in Appendix F. 5.4 Streams Floyd's Creek (C) borders the property off -site to the south. BFEC delineated Four (4) unnamed tributaries to Floyd's Creek on -site; henceforth UT 1, UT 2, UT 3, and UT 4. The tributaries do not have a classification of their own, so they inherit the classification of the water body they flow into, Floyd's Creek, classification C. UT 1 BFEC delineated UT 1 beginning just downstream of the spring head and Wetland 1. A stream determination sample point (SD 1) was taken further up -valley resulting in a score of 1.5. UT 1 begins at a spring head and flows southeast along the natural valley to the confluence with UT 2, and continues off -site. UT 1 is approximately 2 feet in width and ± 828 linear feet on -site. At the time of the site visit, UT 1 channel had moderate continuity with the bank, and moderate sinuosity, with the upstream portion having some straight segments, and sinuosity increasing downstream. In -channel structures were moderate, pools and riffles were present but distinguishing the transition between the two was difficult. Some coarse sediment was present within the stream. A floodplain was present, but not obvious, with infrequent indicators of benches and recent alluvial deposits. A couple of head -cuts were observed, with the most prominent one at the spring head. Roots and woody debris provided permanent grade control. Baseflow was present at the time of the site visit in the thalweg region of the channel, with an abundant presence of iron oxidized bacteria. A small amount of leaf litter was present but concentrated in pools. Small drift lines and some fine sediment on plants were noted. Fibrous roots and rooted upland plants were noted in the streambed, occurring more frequently in the upstream portion of the channel. There were no macrobenthos, aquatic mollusks, fish, crayfish, or amphibians identified at the time of the site visit. UT 1 scored a total of 30.25 points (SD2) with the NC DWQ Stream Identification Form, and ranked as perennial see Appendix E. UT 2 BFEC delineated UT 2 starting at a spring head in a subtle valley, near the eastern property boundary. UT 2 flows southeast before turning west to its confluence with UT 1, a total of ±157 linear feet on -site. UT 2 ranked as an intermittent channel (SD3), with an average width of 4 feet. 5 At the time of the site visit, UT 2's channel presented weak continuity with the bank and weak sinuosity. The channel displayed some weak riffle -pool structure, with poor development within the soil profile. The floodplain was not inherently obvious and showed some small amounts of alluvium within the channel while lacking bars and benches. No head -cuts were present until after it joins UT 1. No grade control was observed along UT 2. Base flow was visible at the time of the site visit, originated from a spring head. Iron oxidizing bacteria was observed throughout the reach. Sediment was present on plants and debris within the stream and small pile lines were observed. Fibrous roots, including Microstegium vimineum, and rooted upland plants were noted in the streambed. There were no macrobenthos, aquatic mollusks, fish, crayfish, or amphibians identified at the time of the site visit. Wetland plants (Carex spp, and Juncus effusus) and some algae were identified along the reach. UT 2 scored a total of 17.75 points with the NC DWQ Stream Identification Form, and ranked as intermittent, see Appendix E — SD3. UT 3 BFEC delineated UT 3 in the southern portion of the property, north of the woods line. A wetland datasheet was completed up -valley where there were signs of wetland vegetation, but no hydric soils were present (02). BFEC delineated the start of UT 3 further south where the valley narrowed. UT 3 is approximately 2 feet wide and flows south, ±161 feet on -site, to the confluence with UT 4. At the time of the site visit, UT 3's channel had continuous bed and bank with few interruptions. The channel displayed some weak riffle -pool structure, dominated by pools. The characteristics of a floodplain were not present, and the stream showed small amounts of alluvium within the channel in addition to infrequent bars and benches. A head -cut was present further downstream once UT 3 and UT 4 confluence. Water was only present in pools along the reach, with iron oxidizing bacteria. Sediment was present on plants and debris within the stream and small pile lines were observed. Very few fibrous roots and rooted upland plants were noted in the streambed. There were no macrobenthos, aquatic mollusks, fish, crayfish, amphibians, or algae identified at the time of the site visit. Wetland plants (Juncus effusus) were present in the up -stream portion of the reach. UT 3 scored a total of 28.25 points with the NC DWQ Stream Identification Form (SD4), and ranked as intermittent, see Appendix E. UT 4 BFEC delineated UT 4 starting at a head -cut in the southwest portion of the property. The channel flows southeast to the confluence with UT 3, and continues off -site. UT 4 ranked as intermittent along the up- stream portion of the reach and becomes perennial downstream of a head -cut after the confluence with UT 3. UT 4 is approximately 3-4 feet in width and ± 526 linear feet on -site. 6 The upstream reach of UT 4 does not clearly follow the valley bottom and originates near the western property boundary. The channel appears to be dominated by stormwater runoff likely from the bordering residential subdivision to the west. Once UT 3 and UT 4 join, the channel becomes more a more prominent perennial stream. At the time of the site visit, UT 4 channel had moderate continuity with the bank, but weak sinuosity. In -channel structures were weak, although some wood debris and grade control were noted. Some coarse sediment was present within the stream, but no representation of bars or benches. A floodplain was present in small, infrequent sections. Standing pools held evidence of baseflow at the time of the site visit, with no evidence of iron oxidizing bacteria. A small amount of leaf litter was present but concentrated in pools. Small drift lines and some fine sediment on plants were noted. A discontinuous network of fibrous roots were noted in the streambed, occurring more frequently in the upstream portion of the channel. There were no macrobenthos, aquatic mollusks, fish, crayfish, or amphibians identified at the time of the site visit. UT 4 scored a total of 20.50 points (SD5) with the NC DWQ Stream Identification Form, and ranked as intermittent see Appendix E. 7 Appendix A Project Site Location Map =Piney Ridge Soccer Fields Site Location Map Rutherford County, NC 35.330445°,-81.90932 ° Roads Parcel 0 250 500 Map is not to be construed as surveyed data. All boundaries are approximate GIS data taken from public data sources. BFEC 2019. 1,000 Feet Appendix B Project Site USGS Topographic Map SS 97. 13 09 00 06 115 1-14 03 MUMS .m1.1•.•Img1r.d1 U.S. DEPARTMENT OF THE INT ERIOR U.S. GEOLOGICAL SURVEY Arohx:S bytbe mrit. sutra (.Model swey 411 12 Oral 16 SCALE 1:29 OLO 6,134125 1013 RUTHERFORDTON SOUTH QUADRANGLE NOR. 1411110114114 20 .1.141.1511.1111,1 r-- Ov��.0 RUTHERFORDTON SOUTH, NC znl9 952.1 Appendix C Project Site Jurisdictional Map LEGEND ±55.5 ac Subject Property Boundary OHWM/JD Top of Bank PERENNIAL STREAM INTERMITTENT STREAM WETLAND WOUS ±0.002 ac se I ROADS/TRAILS O STREAM DETERMINATION 01 pring Head SAMPLE POINTS SD 2 a O WETLAND DATASHEET w SAMPLE POINTS ▪ OCCUPY POINTS 2' CONTOURS 10'CONTOURS ead-cut Jurisdictional Determination Map Piney Ridge - Destination by Design Rutherford County Forest City, NC 1:2304 NOTES BFEC, INC. DELINEATED JURISDICTIONAL STREAMS AND WETLANDS ON THE SUBJECT PROPERTY. SURVEY OF JURISDICTIONAL FEATURES BY RICKY LYNN SNYDER, PLS. (L-4418) CONTOUR DATA PRESENTED IN THIS DOCUMENT IS TAKEN FROM NCDOT LIDAR DATA (2' AND 10' CONTOURS). THE FOLLOWING INFORMATION WAS USED FOR GRID CONTROL: 1 . CLASS OF SURVEY: CLASS B (HORIZONTAL) 2. POSITIONAL ACCURACY:0.07' (H) & 0.10' (V) @ 95% CONFIDENCE 3. TYPE OF GPS FIELD PROCEDURE: RTK (VRS) 4. DATE OF SURVEY: 05/13/2021 5. DATUM/EPOCH: NAD 83 (NSRS 2011) EPOCH 2010.00 (H) & NAVD 88 (V) 6. PUBLISHED/FIXED-CONTROL USED: RTK NETWORK SOLUTION 7. GEOID MODEL: GEOID 12B 8. COMBINED GRID FACTOR(S): 0.9998307220 9. UNITS: US SURVEY FOOT BOUNDARY NOTE: THE PROPERTY BOUNDARY SHOWN HEREON IS NOT THE RESULT OF AN ACTUAL BOUNDARY SURVEY. THE LOCATION AS SHOWN IS BASED ON AN OVERLAY USING GIS DATA AND IS INTENDED FOR A GRAPHIC APPROXIMATION ONLY. 0ATE 5/25/2021 DRAWN SDK Providing Sound Environmental Solutions 10565 Highway 421 South Trade, TN 37691 ph/fax: 423.727.4476 www.btec.org 01 SD 2 � wr LEGEND ±55.5 ac Subject Property Boundary OHWM/JD Top of Bank PERENNIAL STREAM INTERMITTENT STREAM WETLAND WOUS ±0.002 ac ROADS/TRAILS STREAM DETERMINATION SAMPLE POINTS WETLAND DATASHEET SAMPLE POINTS OCCUPY POINTS 2'CONTOURS 10'CONTOURS Northern Extent Piney Ridge - Destination by Design Rutherford County Forest City, NC Spring Head Head -cut 0 / /64 128 %11111111111L66.Providing ������1:76 �s/zs/zozi-�� Sound Environmental Solutions c a ■--■ 10565 Highway 421 South SOK .-■ Trade, TN 37691 c .--■ phlfarc 423.727.4476 17VTif:'i7 www.bfec.org Head -cut LSD 4 Head -cut Southern Extent Piney Ridge - Destination by Design Rutherford County Forest City, NC °ATE 5/25/2021 DRAWN SDK LEGEND ±55.5 ac Subject Property Boundary OHWM/JD Top of Bank PERENNIAL STREAM INTERMITTENT STREAM .... WETLAND WOUS ±0.002 ac ROADS/TRAILS 0 STREAM DETERMINATION SAMPLE POINTS 0 WETLAND DATASHEET SAMPLE POINTS OCCUPY POINTS 2'CONTOURS 10' CONTOURS Providing Sound Environmental Solutions 10565 Highway 421 South Trade TN 37691 ph/far 423.727.4476 www.btec.org Appendix D Project Site USDA NRCS Soils Map Piney Ridge Soccer Fields Soil Map Chewacla loam, 0-2% slopes, frequently flooded Pacolet sandy clay loam, 8-15% slopes, moderately eroded Pacolet-Bethlehem complex, 2-8% slopes, moderately eroded Parcel Roads Streams ChA PaC2 0 175 350 700 Feet PbB2 Map is not to be construed as surveyed data. All boundaries are approximate GIS data taken from public data sources. BFEC 2019. Appendix E NC DWQ Stream Identification Data Form(s) NC DWQ Stream Identification Form Version 4.11 SD 1 Date: 5-5-2021 Project/Site: Piney Ridge Latitude: 35.332034 Evaluator: Adam Williams, Sarah Kilby CountyRutherford Longitude: _81.908432 Total Points: Stream is at least intermittent 1.5 if >_ 19 or perennial if >_ 30` Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal = 0 ) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 1.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 0 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: Stream layer on GIS shows blue line extended into up -valley portion of site. HD 1 is taken at top of watershed and exists as an upland hay field with clover and fescue. Leaf litter is absent due to the lack of over -story species (open field). Soil sample 10YR 3/4 0-12", non-hydric. NC DWQ Stream Identification Form Version 4.11 SD 2 - UT 1 Date: 5-5-2021 Project/Site: Piney Ridge Latitude: 35.331636 Evaluator: Adam Williams, Sarah Kilby CountyRutherford Longitude: _81.908208 Total Points: Stream is at least intermittent 30.25 if >_ 19 or perennial if >_ 30` Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal = 16 ) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 10 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 4.25 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: -HD 2 is located at the spring head of UT 1 -Soil sample 0-8" 10YR 5/4, silt. 8-12" 10YR 4/3, silt (matrix). 7.5YR 5/8 (redox). -Head-cut present -Roots as grade control NC DWQ Stream Identification Form Version 4.11 SD 3 - UT 2 Date: 5-5-2021 Project/Site: Piney Ridge Latitude: 35.330597 Evaluator: Adam Williams, Sarah Kilby CountyRutherford Longitude: _81.907317 Total Points: Stream is at least intermittent 17.75 if >_ 19 or perennial if >_ 30` Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal = 7 ) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 7.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 3.25 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: -Microstegium dominated with Juncus spp., and Carex spp. -Exists beneath total tree canopy -Head-cut observed at the confluence with UT 1. -Soils 10YR 3/2, 0-12", muck/silt. Sample taken in channel. NC DWQ Stream Identification Form Version 4.11 SD 4 - UT 3 Date: 5-5-2021 Project/Site: Piney Ridge Latitude: 35.327733 Evaluator: Adam Williams, Sarah Kilby CountyRutherford Longitude: _81.910064 Total Points: Stream is at least intermittent 28.25 if >_ 19 or perennial if >_ 30` Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal = 14.5 ) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 9 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 4.75 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: -Stream feature begins up -valley of forest line and confluences with 2nd drainage soon after. -Ground water present in pools become more prominent down -valley of HD 4 where water is becomes present throughout the reach. -Head-cut present down stem confluence. NC DWQ Stream Identification Form Version 4.11 SD 5 - UT 4 Date: 5-5-2021 Project/Site: Piney Ridge Latitude: 35.327796° Evaluator: Sarah Kilby Count yRutherford Longitude: _81.910404° Total Points: Stream is at least intermittent 20.5 if >_ 19 or perennial if >_ 30` Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal = 10.5 ) Absent Weak Moderate Strong la. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 5.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 4.5 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: -Head-cut at start of the feature -Some small cobble present -Water collected in pools Appendix F Wetland Determination Data Sheet(s) WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Piney Ridge Applicant/Owner: Destination by Design City/County: Rutherford Sampling Date: 5-11-21 Investigator(s): Sarah Kilby State: NC Sampling Point: W1 Section, Township, Range: Forest City Landform (hillside, terrace, etc.): Seep, spring head Local relief (concave, convex, none): Convex Subregion (LRR or MLRA): LRR N Lat: 35.331551 Soil Map Unit Name: PaC2 Slope (%): 1 Long: -81.908266 Datum: NAD 83 NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes x No Yes x No Yes x No Is the Sampled Area within a Wetland? Yes x No Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ x Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave _ _ x High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ x Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Visible on Aerial _ _Thin _Saturation Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 0 Wetland Hydrology Present? Yes X No Water Table Present? Yes x No Depth (inches): 4 Saturation Present? Yes x No Depth (inches): 0 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: W1 is located at a spring head. Oil sheen observed. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W1 Tree Stratum (Plot size: 1. Quercus virginiana 2. 3. 4. 5. 6. 7. Sapling/Shrub Stratum 1. 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover: (Plot size: Absolute % Cover 40 Dominant Indicator Species? Status Yes FACU 40 =Total Cover 20 20% of total cover: 8 Herb Stratum (Plot size: 1. Carex stipata 50% of total cover: 2. Juncus effusus 3. Lysimachia nummularia 4. Parthenocissus quinquefolia 5. Fragaria vesca 6. Rumex obtusifolius 7. 8. 9. 10. 11. =Total Cover 20% of total cover: 40 Yes OBL 5 No FACW 2 No FACW 5 No FACU 10 No FACU 10 No FACU 72 =Total Cover 50% of total cover: 36 20% of total cover: 15 Woody Vine Stratum (Plot size: 1. Toxicodendron radicans 2. Smilax rotundifolia 3. 4. 5. 20 10 Yes Yes 30 =Total Cover FAC FAC 50% of total cover: 15 20% of total cover: 6 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 4 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 75.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 40 x 1 = 40 FACW species 7 x 2 = 14 FAC species 30 x 3 = 90 FACU species 65 x 4 = 260 UPL species 0 x 5 = 0 Column Totals: 142 (A) 404 (B) Prevalence Index = B/A = 2.85 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Typel Loc2 Texture 0-6 7.5YR 4/1 80 7.5YR 5/8 6-12 7.5YR 4/1 95 7.5YR 5/8 20 M Mucky Sand 5 M Mucky Sand Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) X Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) ? Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes x No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Piney Ridge Applicant/Owner: Destination By Design City/County: Rutherford Sampling Date: 5-11-21 Investigator(s): Sarah Kilby Landform (hillside, terrace, etc.): Seep Subregion (LRR or MLRA): LRR N Lat: 35.331608 Soil Map Unit Name: PaC2 State: NC Sampling Point: 01 Section, Township, Range: Forest City Local relief (concave, convex, none): None Slope (%): 0-1 Long: -81.908241 Datum: NAD 83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: None Yes x No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No x Hydric Soil Present? Yes No x Wetland Hydrology Present? Yes No x Is the Sampled Area within a Wetland? Yes No x Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave _ _ _ High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Visible on Aerial _ _Thin _Saturation Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): Wetland Hydrology Present? Yes No x Water Table Present? Yes No x Depth (inches): Saturation Present? Yes No x Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: 01 Tree Stratum (Plot size: 1. Quercus virginiana 2. Robinia pseudoacacia 3. 4. 5. 6. 7. Sapling/Shrub Stratum 1. 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover: (Plot size: Absolute % Cover 40 Dominant Indicator Species? Status Yes FACU 20 Yes FACU 60 =Total Cover 30 20% of total cover: 12 Herb Stratum (Plot size: 50% of total cover: 1. Parthenocissus quinquefolia 2. Phytolacca americana 3. Ilex glabra 4. Stellaria media 5. 6. 7. 8. 9. 10. 11. =Total Cover 20% of total cover: 30 Yes FACU 20 Yes FACU 5 No FAC 15 Yes UPL 70 =Total Cover 50% of total cover: 35 20% of total cover: 14 Woody Vine Stratum (Plot size: 1. Toxicodendron radicans 2. Smilax rotundifolia 3. 4. 5. 10 50 No Yes 60 =Total Cover FAC FAC 50% of total cover: 30 20% of total cover: 12 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 16.7% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 65 x 3 = 195 FACU species 110 x 4 = 440 UPL species 15 x 5 = 75 Column Totals: 190 (A) 710 (B) Prevalence Index = B/A = 3.74 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No x Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: 01 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Typel Loc2 Texture 0-2 7.5YR 4/4 70 7.5YR 3/3 2-12 7.5YR 5/6 100 30 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Remarks Loam Loam 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Piney Ridge Applicant/Owner: Destination by Design City/County: Rutherford Sampling Date: 5-5-21 State: NC Sampling Point: 02 Investigator(s): Adam Williams, Sarah Kilby Section, Township, Range: Forest City Landform (hillside, terrace, etc.): Terrace, meadow Subregion (LRR or MLRA): LRR N Lat: 35.329441 Soil Map Unit Name: PaC2 Local relief (concave, convex, none): Convex Slope (%): 1 Long: -81.910408 Datum: NAD 83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: None Yes x No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Hydric Soil Present? Yes No x Wetland Hydrology Present? Yes X No Is the Sampled Area within a Wetland? Yes No x Remarks: HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Surface Water (A1) True Aquatic Plants (B14) Sparsely Vegetated Concave _ _ _ High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ x Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Visible on Aerial _ _Thin _Saturation Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): Wetland Hydrology Present? Yes X No Water Table Present? Yes No x Depth (inches): Saturation Present? Yes x No Depth (inches): 3 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Sandy soils found at 6+ inches. No water in S1. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: 02 Tree Stratum 1. 2. 3. 4. 5. 6. 7. (Plot size: Sapling/Shrub Stratum 1. 2. 3. 4. 5. 6. 7. 8. 9. 50% of total cover: (Plot size: Absolute Dominant Indicator % Cover Species? Status Herb Stratum (Plot size: 50% of total cover: =Total Cover 20% of total cover: =Total Cover 20% of total cover: 1. Juncus effusus 80 Yes FACW 2. Carex stipata 10 No OBL 3. Sisyrinchium angustifolium 2 No FACW 4. Sinapis arvensis 1 No UPL 5. Plantago lanceolate 2 No UPL 6. 7. 8. 9. 10. 11. 95 =Total Cover 50% of total cover: 48 20% of total cover: 19 Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 1 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (A/B) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 10 x 1 = 10 FACW species 82 x 2 = 164 FAC species 0 x 3 = 0 FACU species 0 x 4 = 0 UPL species 3 x 5 = 15 Column Totals: 95 (A) 189 (B) Prevalence Index = B/A = 1.99 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: 02 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist) % Typel Loc2 Texture 0-2 10Y R 4/2 100 2-4 10YR 4/1 70 4-12 7.5YR 5/8 100 10YR 5/4 30 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. loam sandy loam sandy loam Remarks 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) _ Redox Depressions (F8) _ Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. High chroma soils found within the top 12 inches. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 Appendix G Project Photosheets Brushy Fork Environmental Consulting, Inc. Site Visit: May 5, 2021 CO O t OA C Q f) O t CO I— CU D as -I--,O O Q E co f) 0 f) N 0 N I- D UT 1 facing downstream I- D N I- D am: u •stream UT •rin: ea• o UT 2, acin: u•strea Confluence of UT 3 and UT 4 m I- D 7r I- D vi O O Q c O co 4) .N 4 H D E co O 0 Q GA C U c0 LL H D acin: •ownstream UT4 C C6 M H D 4- 0 CU U C CU 4- C 0 U CU t L CO CU C U C6 CU 1 !sr UT 4. Start of perennial channel. =I Oil sheen at W1 Wetland 1 at the spring head of UT 1 Up -close of soil sample v 0_ E r0 0 r-I W1 sample location • 1 soi sam• - • 1 sam • e ocatio 0 Outpoint 2 sample location cNi 0 Outpoint 2 soil sample Appendix H USACE Preliminary Jurisdictional Form Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 5-25-2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Brushy Fork Environmental Consulting, Inc. 10565 Hwy 421S, Trade, TN 37691 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville, NC D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Rutherford City: Center coordinates of site (lat/long in degree decimal format): Lat.: 35.330445° Long.: -81.909328° Universal Transverse Mercator: Name of nearest waterbody: Floyd's Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ■❑ Field Determination. Date(s): 5-5-2021, 5-11-2021 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) UT 1 35.331636° -81.908208 ±828 In ft non -wetland waters 404 UT 2 35.330597° -81.907317° + 157 In ft non -wetland waters 404 UT 3 35.327733° -81.910064° ± 161 In ft non -wetland waters 404 UT 4 35.327796° -81.910404° +526 In ft non -wetland waters 404 Wetland 1 35.331551° -81.908266° ±0.002 acrco wetland 404 0.007 acres (recording error) - SDK 9/20/2022 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: • Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: O Data sheets prepared/submitted by or on behalf of the PJD requestor. n Office concurs with data sheets/delineation report. n Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 7.5 MIN Rutherford South Quadrangle ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) • Photographs: ❑ Aerial (Name & Date): or • Other (Name & Date): Site Photographs 5-5-2021 n Previous determination(s). File no. and date of response letter: n Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determi nations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. STREAM AND WETLAND DATASHEETS 09/08/2022 520 PINEY RIDGE ROAD, FOREST CITY, NC • NC DEQ STREAM IDENTIFICATION FORM (UT-1) • NC SAM (UT-1) • NC WAM (WETLAND 1) 6 IEC INTERFACE ENVIRONMENTAL CONSULTING, LLC 476 HIDDEN POND RD. BOONE, NC 28607 NC Division of Water Quality -Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWQ Stream Identification Form Version 4.11 Date: 09/08/2022 Project/Site: Legacy Latitude: 35.331135 Evaluator: County: Longitude: -81.908014 Total Points: Stream is at least intermittent 26.25 if 19 or perennial if 30" Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal = 14 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 5.5 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 6.75 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 41 NC SAM FIELD ASSESSMENT FORM Accompanies User Manual Version 2.1 USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT / SITE INFORMATION: 1. Project name (if any): Legacy 3. Applicant/owner name: Destination by Design 5. County: Rutherford 7. River Basin: Broad 8. Site coordinates (decimal degrees, at lower end of assessment reach): 2. Date of evaluation: 09/08/2022 4. Assessor name/organization: IEC 6. Nearest named water body on USGS 7.5-minute quad: Floyds Creek 35.331135,-81.908014 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): UT-1 10. Length of assessment reach evaluated (feet): 80 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 E Unable to assess channel depth. 12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp stream? C. Yes C. No 14. Feature type: (` Perennial flow (2" Intermittent flow C Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: C` Mountains (M) (;" Piedmont (P) 16. Estimated geomorphic valley shape (skip for Tidal Marsh Stream): 17. Watershed size: (skip for Tidal Marsh Stream) a (more sinuous stream, flatter valley slope) {Ir Size 1 (<0.1 min) r Size 2 (0.1 to <0.5 min) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? c- Yes Or No If Yes E Section 10 water I- Classified Trout Waters E Essential Fish Habitat I- Primary Nursery Area E Publicly owned property F NCDWR riparian buffer rule in effect ▪ Anadromous fish T 303(d) List I- Documented presence of a federal and/or state listed protected species List species: C` Inner Coastal Plain (I) b (less sinuous stream, steeper valley slope) rSize 3(0.5to<5min) (`Size 4(>_5mi2) (` Outer Coastal Plain (0) , check all that appy to the assessment area. 7 Water Supply Watershed ( C` I C` II C III (` IV (`V) E High Quality Waters/Outstanding Resource Waters F Nutrient Sensitive Waters CAMA Area of Environmental Concern (AEC) within the assessment area. ✓ Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? CYes f No 1. Channel Water - assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) {' A Water throughout assessment reach. (� B No flow, water in pools only. C C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric C A At least 10 % of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). CAB NotA 3. Feature Pattern - assessment reach metric (` A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). C•B Not A. 4. Feature Longitudinal Profile - assessment reach metric t: A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). B NotA 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). C A < 10 % of channel unstable Ci B 10 to 25% of channel unstable (` C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB (� A (i A Little or no evidence of conditions that adversely affect reference interaction (' B (' B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) (` C (` C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide (include liverworts, lichens, and algal mats) B Multiple sticks and/or leaf packs and/or emergent vegetation ▪ C Multiple snags and logs (including lap trees) ▪ D 5% undercut banks and/or root mats and/or roots in banks extend to the normal wetted perimeter ▪ E Little or no habitat 7. Water Quality Stressors — assessment reach/intertidal zone metric Check all that apply. PIA Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ▪ B Excessive sedimentation (burying of stream features or intertidal zone) ✓ C D F E ▪ F ✓ G E H ✓ l ✓ J Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem Odor (not including natural sulfide odors) Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. Livestock with access to stream or intertidal zone Excessive algae in stream or intertidal zone Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) Other: (explain in "Notes/Sketch" section) Little to no stressors 8. Recent Weather —watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. r A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours (` B Drought conditions and rainfall exceeding 1 inch within the last 48 hours (S C No drought conditions 9 Large or Dangerous Stream— assessment reach metric C Yes {: No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types — assessment reach metric 10a. r Yes a No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) A Multiple aquatic macrophytes and aquatic mosses —o E � T 0 Y L O U � L (6 U (— F 5% oysters or other natural hard bottoms G Submerged aquatic vegetation ✓ H Low -tide refugia (pools) ▪ 1 Sand bottom ▪ J 5% vertical bank along the marsh ✓ K Little or no habitat *********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS******"""""""""""""""""""""" 11. Bedform and Substrate — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. (` Yes {: No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). FIA Riffle -run section (evaluate 11c) ▪ B Pool -glide section (evaluate 11d) ✓ C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P (s (. (. (. (. (s c r c (` r (( C r C (` 11d.(`Yes ('No Bedrock/saprolite Boulder (256 — 4096 mm) Cobble (64 — 256 mm) Gravel (2 — 64 mm) Sand (.062 — 2 mm) Silt/clay (< 0.062 mm) Detritus Artificial (rip -rap, concrete, etc.) Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. (' Yes (: No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. (; No Water r Other: 12b. r Yes (: No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 7-M-1-1-1-177-1-1-1- >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams. I- Adult frogs r Aquatic reptiles I- Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) E Beetles (including water pennies) Caddisfly larvae (Trichoptera [T]) I- Asian clam (Corbicula) r Crustacean (isopod/amphipod/crayfish/shrimp) r Damselfly and dragonfly larvae E Dipterans (true flies) r Mayfly larvae (Ephemeroptera [E]) r Megaloptera (alderfly, fishfly, dobsonfly larvae) r Midges/mosquito larvae -17-1-1-17-17 r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ✓ Mussels/Clams (not Corbicula ) I- Other fish r Salamanders/tadpoles r Snails ✓ Stonefly larvae (Plecoptera [P]) ✓ Tipulid larvae I- Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB 4: A r A Little or no alteration to water storage capacity over a majority of the streamside area B r B Moderate alteration to water storage capacity over a majority of the streamside area C C` C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB • A ( A Majority of streamside area with depressions able to pond water >_ 6 inches deep C B C B Majority of streamside area with depressions able to pond water 3 to 6 inches deep f C C' C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB Y C Y Are wetlands present in the streamside area? N C"a'N 16. Baseflow Contributors — assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. RIA Streams and/or springs (jurisdictional discharges) ▪ B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ▪ C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) ▪ D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) ▪ E Stream bed or bank soil reduced (dig through deposited sediment if present) ▪ F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ✓ A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ✓ B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ✓ C Urban stream ( 24% impervious surface for watershed) ✓ D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach ✓ E Assessment reach relocated to valley edge • None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. (< A Stream shading is appropriate for stream category (may include gaps associated with natural processes) (` B Degraded (example: scattered trees) (` C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB C A C A r A r A >_ 100-feet wide or extends to the edge of the watershed C B C B C` B C B From 50 to < 100-feet wide C C C C C` C ( C From 30 to < 50-feet wide C: D ( D D D From 10 to < 30-feet wide /` E C` E f E C` E < 10-feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB is A is A Mature forest (` B ( ' B Non -mature woody vegetation or modified vegetation structure (` C r C Herbaceous vegetation with or without a strip of trees < 10 feet wide ( D C` D Maintained shrubs r E C' E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: P Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ( A C A C A C A C A C A Row crops B f B ( B B <<. B <<. B Maintained turf C (` C (.7 C R: C (` C ( C Pasture (no livestock)/commercial horticulture (` D (` D (` D (` D f D (' D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB • A d• A Medium to high stem density C B f B Low stem density ( C (` C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide. LB RB (S- A (r A The total length of buffer breaks is < 25 percent. (� B (` B The total length of buffer breaks is between 25 and 50 percent. { C f` C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB C A (' A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. C Yes (a No Was a conductivity measurement recorded? If No, select one of the following reasons. (Z No Water C Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). C A <46 {` B 46 to < 67 (` C 67 to < 79 C D 79 to < 230 C E >_ 230 Notes/Sketch: NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Legacy Stream Category Pb1 Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Date of Evaluation 09/08/2022 Assessor Name/Organization IEC NO NO NO Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology (2) Baseflow (2) Flood Flow (3) Streamside Area Attenuation (4) Floodplain Access (4) Wooded Riparian Buffer (4) Microtopography (3) Stream Stability (4) Channel Stability (4) Sediment Transport (4) Stream Geomorphology (2) Stream/Intertidal Zone Interaction (2) Longitudinal Tidal Flow (2) Tidal Marsh Stream Stability (3) Tidal Marsh Channel Stability (3) Tidal Marsh Stream Geomorphology MEDIUM MEDIUM HIGH HIGH MEDIUM MEDIUM HIGH HIGH HIGH HIGH MEDIUM MEDIUM NA NA LOW LOW MEDIUM MEDIUM LOW LOW MEDIUM MEDIUM NA NA NA NA NA NA NA NA NA NA (1) Water Quality (2) Baseflow (2) Streamside Area Vegetation (3) Upland Pollutant Filtration (3) Thermoregulation (2) Indicators of Stressors (2) Aquatic Life Tolerance (2) Intertidal Zone Filtration LOW LOW HIGH HIGH MEDIUM MEDIUM MEDIUM MEDIUM HIGH HIGH NO NO LOW NA NA NA (1) Habitat (2) In -stream Habitat (3) Baseflow MEDIUM HIGH LOW MEDIUM HIGH HIGH NC WAM WETLAND ASSESSMENT FORM Accompanies User Manual Version 5 USACE AID#: NCDWR #: Project Name Legacy Date of Evaluation 09/08/2022 Applicant/Owner Name Destination by Design Wetland Site Name Wetland 1 Wetland Type Seep Assessor Name/Organization IEC Level III Ecoregion Piedmont Nearest Named Water Body Floyds Creek River Basin Broad USGS 8-Digit Catalogue Unit 03050105 County Rutherford NCDWR Region Asheville d" Yes d: No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.331551/-81.908266 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, approximately within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? d- Yes d: No Regulatory Considerations - Were regulatory considerations evaluated? rc: Yes r- No If Yes, check all that apply to the assessment area I- Anadromous fish l Federally protected species or State endangered or threatened species I- NCDWR riparian buffer rule in effect I- Abuts a Primary Nursery Area (PNA) I- Publicly owned property I- N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) I- Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HOW, ORW, or Trout I- Designated NCNHP reference community I- Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) (- Blackwater d- Brownwater I- Tidal (if tidal, check one of the following boxes) r'` Lunar d`' Wind r- Both Is the assessment area on a coastal island? Yes d: No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? i Yes d: No Does the assessment area experience overbank flooding during normal rainfall conditions? d" Yes d: No 1. Ground Surface Condition/Vegetation Condition - assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence of an effect. GS VS d; A 4 A Not severely altered d B d" B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) 2. Surface and Sub -Surface Storage Capacity and Duration - assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub 1: A (: A Water storage capacity and duration are not altered. in (' B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). C C (` C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). 3. Water Storage/Surface Relief - assessment area/wetland type condition metric (skip for all marshes) Check a box in each column for each group below. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ¢ A (' A Majority of wetland with depressions able to pond water > 1 foot deep r': B (: B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep C (' C Majority of wetland with depressions able to pond water 3 to 6 inches deep D r D Depressions able to pond water < 3 inches deep 3b. r A Evidence that maximum depth of inundation is greater than 2 feet r: B Evidence that maximum depth of inundation is between 1 and 2 feet ?- C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure - assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. C. A Sandy soil 4 B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) C Loamy or clayey soils not exhibiting redoximorphic features C. D Loamy or clayey gleyed soil E Histosol or histic epipedon 4b. IF A Soil ribbon < 1 inch n: B Soil ribbon >_ 1 inch 4c. 4 A No peat or muck presence B A peat or muck presence 5. Discharge into Wetland - opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub 4 A s: A Little or no evidence of pollutants or discharges entering the assessment area C. B (- B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area i C (' C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use - opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). Effective riparian buffers are considered to be 50 feet wide in the Coastal Plain and Piedmont ecoregions and 30 feet wide in the Blue Ridge Mountains ecoregion. WS 5M 2M E A FIA PIA >_ 10% impervious surfaces • B E B [ B Confined animal operations (or other local, concentrated source of pollutants) E C E C [ C >_ 20% coverage of pasture ▪ D EI D EI D >_ 20% coverage of agricultural land (regularly plowed land) F i E FIE Fi E >_ 20% coverage of maintained grass/herb E F T F E F >_ 20% coverage of clear-cut land G P G E G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent dainage and/or overbank flow from affectio the assessment area. 7. Wetland Acting as Vegetated Buffer - assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? r: Yes r". No If Yes, continue to 7b. If No, skip to Metric 8. 7b. How much of the first 50 feet from the bank is weltand? (Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) A r.: B C i D E >_ 50 feet From 30 to < 50 feet From 15 to < 30 feet From 5 to < 15 feet < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ¢: <_ 15-feet wide I- > 15-feet wide ,F Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? u Yes r No 7e. Is tributary or other open water sheltered or exposed? r:: Sheltered - adjacent open water with width < 2500 feet and no regular boat traffic. ,F Exposed - adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area - wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC r A (' A >_ 100 feet (' B (' B From 80 to < 100 feet ( C ( ' C From 50 to < 80 feet ▪ D (' D From 40 to < 50 feet r E (: E From 30 to < 40 feet ( F ( F From 15 to < 30 feet ▪ G ( G From 5 to < 15 feet ▪ H (`H <5feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. C. A Evidence of short -duration inundation (< 7 consecutive days) C B Evidence of saturation, without evidence of inundation C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). A B C Sediment deposition is not excessive, but at approximately natural levels. Sediment deposition is excessive, but not overwhelming the wetland. Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) r A f A r A >_ 500 acres C B f B C` B From 100 to < 500 acres C C C rc From 50 to < 100 acres C D C D C' D From 25 to < 50 acres C E C E r E From 10 to < 25 acres C'F C F rF From 5 to < 10 acres C G C G r G From 1 to < 5 acres C' H C H C H From 0.5 to < 1 acre C4 I C I r i From 0.1 to < 0.5 acre (— J f J C J From 0.01 to < 0.1 acre fi K t• K ( K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) A r. B Pocosin is the full extent (>_ 90%) of its natural landscape size. Pocosin is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous metric naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, fields (pasture open and agriculture), or water > 300 feet wide. Well Loosely ( A f B C C ( D E F C A ✓ B ✓ C ✓ D C•E F >_ 500 acres From 100 to < 500 acres From 50 to < 100 acres From 10 to < 50 acres < 10 acres Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. r: Yes C No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directiions? If the assessment area is clear-cut, select option "C." r. A 0 B 1 to 4 ti C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. i B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity— assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) C'A C' B C C Vegetation diversity is high and is composed primarily of native species (<10% cover of exotics). Vegetation diversity is low or has > 10% to 50% cover of exotics. Vegetation is dominated by exotic species (>50% cover of exotics). 17. Vegetative Structure - assessment area/wetland type condition metric 17a. Is vegetation present? i Yes No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. A >_ 25% coverage of vegetation B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT A r:- A Canopy closed, or nearly closed, with natural gaps associated with natural processes 8 ti B ti B Canopy present, but opened more than natural gaps C r,- C Canopy sparse or absent o r A r," A Dense mid-story/sapling layer �? i B ti B Moderate density mid-story/sapling layer -a ( C ( C Mid-story/sapling layer sparse or absent 2 (' A C A Dense shrub layer (' B t B Moderate density shrub layer ti C ti C Shrub layer sparse or absent A w i B = r C A ti B C Dense herb layer Moderate density herb layer Herb layer sparse or absent 18. Snags - wetland type condition metric (skip for all marshes) A Large snags (more than one) are visible (> 12-inches DBH, or large relative to species present and landscape stability). ti B Not A 19. Diameter Class Distribution - wetland type condition metric (skip for all marshes) A i B rC Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12-inch DBH. Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris - wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. e.— A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ii B Not A 21. Vegetation/Open Water Dispersion - wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. A r B C • N-drr \• 1I D 22. Hydrologic Connectivity- assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. i A B rC D Overbank and overland flow are not severely altered in the assessment area. Overbank flow is severely altered in the assessment area. Overland flow is severely altered in the assessment area. Both overbank and overland flow are severely altered in the assessment area. Notes Wetland Site Name Wetland Type NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland 1 Seep Date 09/08/2022 Assessor Name/Organization Notes on Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Wetland is intensively managed (Y/N) Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) Assessment area is substantially altered by beaver (Y/N) Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) Assessment area is on a coastal island (Y/N) Sub -function Rating Summary IEC NO YES NO YES NO NO NO Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Sub -Surface Storage and Retention Condition Condition NA NA Water Quality Pathogen Change Particulate Change Soluble Change Physical Change Pollution Change Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition Condition/Opportunity Opportunity Presence? (Y/N) NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA Habitat Physical Structure Landscape Patch Structure Vegetation Composition Condition Condition Condition HIGH LOW MEDIUM Function Rating Summary Function Metrics/Notes Rating Hydrology Water Quality Habitat Condition Condition Condition/Opportunity Opportunity Presence? (Y/N) Condition HIGH HIGH NA NA MEDIUM Overall Wetland Rating HIGH /—---- i \\ \\ / — w IMPACTS SUMMARY MAP LEGACY SOCCER COMPLEX RUTHERFORD COUNTY, NC DATE pux SDK CHECKED BA RECISIONS DATE er 0 I I— H 100 200 I Fee[ LEGEND STREAMS STREAM IMPACTS 1 471f WETLAND WETLAND IMPACTS ±0.007 ac INTERFACE ENVIRONMENTAL CONSULTING, LLC 476 HIDDEN POND ROAD BOONE, NC 28607 IEC x United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: Project Code: 2022-0082192 Project Name: Legacy Soccer Complex September 06, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The enclosed species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). Please note that new species information can change your official species list. Under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at regular intervals during project planning and implementation to ensure your species list is accurate or obtain an updated species list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A biological assessment (BA) or biological evaluation (BE) should be completed for your project. A BA is required for major construction activities (or other undertakings having similar physical impacts) considered to be Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)) (NEPA). For projects other than major construction activities, the Service suggests that a BE be prepared to determine effects of the action and whether those effects may affect listed species and/or designated critical habitat. E?ects of the action are all consequences to listed species or critical habitat that are caused by the proposed action, including the consequences of other 09/06/2022 2 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: https://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 09/06/2022 1 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 09/06/2022 2 Project Summary Project Code: 2022-0082192 Project Name: Legacy Soccer Complex Project Type: Recreation - New Construction Project Description: Proposed soccer complex Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.33006195,-81.90903947713801,14z .,Q • Counties: Rutherford County, North Carolina 09/06/2022 3 Endangered Species Act Species There is a total of 7 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 - — Indiana Bat Myotis sodalis Endangered 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/5949 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME 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 Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 STATUS Similarity of Appearance (Threatened) STATUS Candidate 09/06/2022 4 Flowering Plants NAME STATUS Dwarf -flowered Heartleaf Hexastylis naniflora No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2458 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 Lichens NAME Threatened Threatened STATUS Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 09/06/2022 1 USFWS National Wildlife Refuge Lands And Fish Hatcheries Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 09/06/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Chimney Swift Chaetura pelagica This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Prairie Warbler Dendroica discolor This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Red-headed Woodpecker Melanerpes erythrocephalus This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds Mar 15 to Aug 25 Breeds May 1 to Jul 31 Breeds May 10 to Sep 10 09/06/2022 2 NAME BREEDING SEASON Wood Thrush Hylocichla mustelina This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Breeds May 10 to Aug 31 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: 1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (I) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. 09/06/2022 3 No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. • probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Chimney Swift —++— —+—� +III 1111 1111 II I 1111 III— —+ —I-- ---- --+ BCC Rangewide (CON) Prairie Warbler —+-.-- —+-- +--.-+ --+ IIF-4 k"±'1 IIII ---- ---- —1-- ---- ---+ BCC Rangewide (CON) W odpec heade r d -++- -I-�-�+ --+ IIII 1111 1111 1111 IF --— ---- --+ BCC Rangewide (CON) Wood Thrush BCC Rangewide —+-.-- —+-- +--.-+--+ —III IIII IIII 1111---------------+ (CON) Additional information can be found using the following links: • Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library/ collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds hops://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. 09/06/2022 4 What does IPaC use to generate the list of migratory birds that potentially occur in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location. The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the Rapid Avian Information Locator (RAIL) Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets. Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering or migrating in my area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may query your location using the RAIL Tool and look at the range maps provided for birds in your area at the bottom of the profiles provided for each bird in your results. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 09/06/2022 5 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell 09/06/2022 6 me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 09/06/2022 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. RIVERINE • Riverine 09/06/2022 2 IPaC User Contact Information Agency: Interface Environmental Consulting, LLC Name: Sarah Duke Address: 476 Hidden Pond City: Boone State: NC Zip: 28607 Email duke.sarah123@gmail.com Phone: 8287735523 8/26/22, 9:27 AM Gmail - Legacy Soccer Fields - Rutherford County Legacy Soccer Fields - Rutherford County 1 message Sarah Kilby <duke.sarah123@gmail.com> To: 401prefile@ncdenr.gov Cc: Carrie Caviness <Carrie.Caviness.1@gmail.com> Sarah Duke <duke.sarah123@gmail.com> Mon, Jul 11, 2022 at 8:57 AM Please accept this Pre -Filing Meeting Request for "Legacy Soccer Fields" in Rutherford County, NC. The site is located near the town of Forest City at approximately 520 Piney Ridge Lane (PIN 1538274772). The proposed project will impact jurisdictional streams and wetlands to construct a recreational soccer complex. Site plans and impacts are TBD and will be included with the PCN. For any questions, please contact me at 828-773-5523. Sarah Kilby Interface Environmental Consulting, LLC. 476 Hidden Pond Rd Boone, NC 28607 (828) 773-5523 0 l —do IEC https://mail.google.com/mail/u/0/?ik=32eb26e16b&view=pt&search=all&permthid=thread-a%3Ar2924296318957550060&simpl=msg-a%3Ar29259488... 1/1 9/6/22, 2:06 PM Gmail - Forest City Soccer Field - NW 42 Sarah Duke <duke.sarah123@gmail.com> Forest City Soccer Field - NW 42 Boggs, Brandee C CIV USARMY CESAD (USA) <Brandee.C.Boggs@usace.army.mil> To: Sarah Kilby <duke.sarah123@gmail.com> Cc: Carrie Caviness <Carrie.Caviness.1@gmail.com> Tue, Sep 6, 2022 at 1:58 PM Hi Sarah, I was out last week with a stomach bug, sorry it took me a minute to respond. It seems NWP #42 should work as long as these conditions can be met: a. Discharges in streams and wetlands for stormwater management facilities are prohibited under this NWP. b. Discharges of dredged or fill material into waters of the U.S., including wetlands, within the floodway* or mapped FEMA 100-year floodplain resulting in permanent above -grade fills are not authorized by this NWP. From: Sarah Kilby <duke.sarah123@gmail.com> Sent: Friday, August 26, 2022 11:14 AM To: Boggs, Brandee C CIV USARMY CESAD (USA) <Brandee.C.Boggs@usace.army.mil> Cc: Carrie Caviness <Carrie.Caviness.1 @gmail.com> Subject: [Non-DoD Source] Forest City Soccer Field - NW 42 Ms. Boggs, I have a client building a soccer complex in Rutherford County, NC, outside of Forest City. We would like to apply for a NW 42 with corresponding GC4266. I received confirmation from NCDEQ for GC4266, as long as it meets all requirements for NW 42. The proposed project is located at 545 Piney Ridge Road in Forest City, NC and plans to construct a soccer complex with fields, bathrooms, and parking. Proposed impacts include culverting 147 linear feet (0.007 ac) of an Unnamed Tributary to Floyds Creek (C) as well as 0.007 acres of permanent impact to a wetland which acts as the headwaters to the Unnamed Tributary. The proposed built upon area is approximately 13.5%. Can you confirm that this fits under a NW 42? Thank you, Sarah Kilby https://mail.google.com/mail/u/0/?ik=32eb26e16b&view=pt&search=all&permmsgid=msg-f%3A1743244128318272565&simpl=msg-t%3A1743244128... 1/2 9/6/22, 2:06 PM Gmail - Forest City Soccer Field - NW 42 Interface Environmental Consulting, LLC. 476 Hidden Pond Rd Boone, NC 28607 (828) 773-5523 https://mai I.goog le. corn/mai I/u/0/?i k=32eb26e 16b&view=pt&search=al I&permmsgid=msg-f%3A1743244128318272565&si m pl=msg-f%3A1743244128... 2/2 8/26/22, 9:31 AM Gmail - GC4266 Ikkod Gmail GC4266 3 messages Sarah Kilby <duke.sarah123@gmail.com> To: mitchell.anderson@ncdenr.gov Cc: Carrie Caviness <Carrie.Caviness.1@gmail.com> Mr. Anderson, Sarah Duke <duke.sarah123@gmail.com> Thu, Jun 30, 2022 at 10:57 AM I have a client building soccer fields in Rutherford County, NC. We would like to apply for a NW 42 with corresponding GC4266. I am reading through the GC, and it appears as though we would qualify for everything under it but I wanted to double check with you. I attached a rough Site Plan, although it is subject to change. Project information: -Will disturb over an acre of land, will submit an Erosion Control Plan. -Will submit a Stormwater Management Plan -Built Upon Area = 13.5% - Stream Classification: C - Stream impacts= 147 linear ft (proposed culverts) - Wetland impacts= 0.007 acres I appreciate any insight you can provide. Thank you, Sarah Kilby, Environmental Technician Interface Environmental Consulting, LLC. 476 Hidden Pond Rd Boone, NC 28607 (828) 773-5523 PineyRidge_082721 (1).pdf 18081K Sarah Kilby <duke.sarah123@gmail.com> To: mitchell.anderson@ncdenr.gov Cc: Carrie Caviness <Carrie.Caviness.1@gmail.com> Mr. Anderson, Thu, Jun 30, 2022 at 11:07 AM I just double checked the High Density requirements, and since we are only 13% built upon area, we are not a high density project. I apologize for the confusion and may disregard my prior email. Sarah Kilby [Quoted text hidden] Anderson, Mitchell L <mitchell.anderson@ncdenr.gov> To: Sarah Kilby <duke.sarah123@gmail.com> Cc: Carrie Caviness <Carrie.Caviness.1 @gmail.com>,'Brandee.C.Boggs@usace.army.mil" <Brandee.C.Boggs@usace.army.mil> Tue, Jul 5, 2022 at 9:59 AM Hello Sarah, https://mail.google.com/mail/u/0/?ik=32eb26e16b&view=pt&search=all&permthid=thread-a%3Ar62049141652356615&simpl=msg-a%3Ar2655566231... 1/5 8/26/22, 9:31 AM Gmail - GC4266 Thank you for this information. Below are helpful links and a summary of the permitting process. The United States Army Corp of Engineers verify jurisdictional determinations for the Waters of the US. Any surface waters proposed for impact should be subject to a determination to ensure your project is complying with section 404 and 401 of the Clean Water Act. You must obtain a Clean Water Act Section 404 Permit from the US Army Corps of Engineers if you intend to discharge dredged or fill material into the waters of the United States, including special aquatic sites such as wetlands. This includes the installation of a culvert or bridge supports located below the ordinary high-water mark. The USACE can authorize activities by a Standard Individual Permit, Nationwide Permit, Regional General Permit or Letter of Permission. It will be up to the USACE to make the determination on what type of authorization is needed. USACE Contact: Brandee Boggs Brandee.C.Boggs@usace.army.mil USACE-Asheville Regulatory Field Office 828-271-7980 ext. 4225 Please ensure to provide any determinations from the USACE regarding your project to the Division of Water Resources. The Division of Water Resources issues 401 Water Quality Certifications for any federal permit involving impacts to water quality. Most 401 Certifications are triggered by Section 404 Permits issued by the U.S. Army Corps of Engineers. Typical types of projects involve filling in surface waters or wetlands and the installation of culverts for crossings. If the USACE determines your project falls under NWP 42, your project may be covered under General Water Quality Certificate No. 4266. All work must comply with the conditions within GC4266 to be covered. Verification of coverage for any proposed work can be received by the USACE and NCDWR prior to commencing work. GC 4266: https://edocs.deq. nc.gov/WaterResou rces/DocView.aspx? id=1650596&d bid=0&repo= WaterResources&cr=1 https://mai I.goog le. corn/mai I/u/0/?i k=32eb26e 16b&view=pt&search=al I&permth id=thread-a%3Ar62049141652356615&situ pl=msg-a%3Ar2655566231... 2/5 8/26/22, 9:31 AM Gmail - GC4266 If your project cannot meet the conditions or exceeds the thresholds of this General Certification, an Individual Certification is required. If this is the case, please submit a PCN by using the following link: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401- buffer-permitting/application-forms-help-documents General Culvert Information: Please note, the placement of culverts shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, or 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches. This is to allow for low flow passage of water and to promote aquatic life passage through the structure. Further, work would have to be conducted "in the dry" by utilizing a flow diversion method. A common method of flow diversion is the use of a temporary pump bypass system. It is always recommended that applicants seek a professional with experience in this type of project to ensure all requirements are met. Streambed Malarial Riae (Diameler) Please see the FAQ page below for more information on 401 permitting: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting/frequently-asked-questions Please see the link below for online application submission: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting- branch/application https://mai I.goog le. corn/mai I/u/0/?i k=32eb26e 16b&view=pt&search=al I&permth id=thread-a%3Ar62049141652356615&situ pl=msg-a%3Ar2655566231... 3/5 8/26/22, 9:31 AM Gmail - GC4266 Please note, other permits from other agencies and local governments may be required. Ensure to contact the Division of Energy, Mineral, and Land Resources, McDowell County, and any other applicable agency regarding permit requirements. Please see Alison Davidson's email for more information. Do not hesitate to call or email with questions regarding this process. Thank you, Mitchell Anderson Environmental Specialist — Asheville Regional Office Water Quality Regional Operations Section NCDEQ — Division of Water Resources 2090 U.S. Hwy. 70 Swannanoa, N.C. 28778 828-296-4662 office mitchell.anderson ncdenr.gov Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties From: Sarah Kilby <duke.sarah123@gmail.com> Sent: Thursday, June 30, 2022 10:57 AM To: Anderson, Mitchell L <mitchell.anderson@ncdenr.gov> Cc: Carrie Caviness <Carrie.Caviness.1 @gmail.com> Subject: [External] GC4266 https://mai I.goog le. corn/mai I/u/0/?i k=32eb26e 16b&view=pt&search=al I&permth id=thread-a%3Ar62049141652356615&situ pl=msg-a%3Ar2655566231... 4/5 8/26/22, 9:31 AM Gmail - GC4266 CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. [Quoted text hidden] PineyRidge_082721 (1).pdf 18081K https://mai I.goog le. corn/mai I/u/0/?i k=32eb26e 16b&view=pt&search=al I&permth id=thread-a%3Ar62049141652356615&situ pl=msg-a%3Ar2655566231... 5/5