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HomeMy WebLinkAbout20220398 Ver 3_401 Application_20230201Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID#* 20220398 Version* 2 Is this project a public transportation project?* Yes • No Reviewer List: * Joey Winston:eads\jbwinston Select Reviewing Office: * Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form * Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Pre -Filing Meeting Date Request was submitted on: Project Contact Information Name: Eric Romaniszyn Who is submitting the information? Email Address: eromaniszyn@enviroscienceinc.com Project Information Existing ID #: 20220398 20170001 (no dashes) Project Name: Mitchell County Schools Is this a public transportation project? Yes No Existing Version: 2 Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Mitchell Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Mitchell School PCN and PJD application package 11.59MB 01252023.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: This is version 3 of the application. No 30-day prefile was submitted since the original application was submitted March 11, 2022. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: 1/26/2023 Is filled in automatically. CLearWaLer An EnviroScience CompanyL C1earWater Environmental Consultants, Inc www.cwenv.com January 25, 2023 Brandee Boggs Mr. Paul Wojoski US Army Corps of Engineers NC DWR, 401 Permitting & Buffer Unit Asheville Regulatory Field Office 512 N. Salisbury Street, 9th Floor 151 Patton Avenue, Room 208 Raleigh, North Carolina 27604 Asheville, North Carolina 28801 RE: Mitchell County Schools (+/- 14Ac) Nationwide Permit 39 Mitchell County, North Carolina Dear Ms. Boggs and Mr. Wojoski, The attached Pre -Construction Notification (PCN) request is being re -submitted on behalf of Mitchell County (Attn: Allen Cook, County Manager). There were delays in completing the Stormwater Management Plan, which resulted in the withdrawal of previous submissions. The Project Engineer, Civil Design Concepts, completed the stormwater plan and submitted the materials directly to the NC Division of Water Resources on January 5, 2023. The project boundary is +/- 14 acres and is composed of Mitchell County PIN# 0872-00-70-6960 at 5085 S. 226 Hwy near Bakersville, North Carolina. The applicant is seeking Nationwide Permit 39 for permanent wetland and stream impacts associated with development of a new middle school. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish and Wildlife Service; and Mr. Mitchell Anderson, NCDEQ Division of Water Resources - Asheville Office. Sincerely, Eric Romaniszyn Senior Scientist Copy issued: NC DEQ Division of Water Resources, Asheville Office — Mitchell Anderson NC WRC — Andrea Leslie US FWS, Asheville Office — Byron Hamstead 145 Th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Mitchell County School 2. Work Type: Private ❑ Institutional ❑ Government ❑� Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: +/- 14 acre tract for development of the new Mitchell County Middle school and associated infrastructure including access roads, parking lots, utility connections, and stormwater BMPs. 4. Property Owner / Applicant [PCN Form A3 or A4]: Mitchell County S. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater, an EnviroScience Company 6. Related Action ID Number(s) [PCN Form BSb]: N/A 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.966291-82.116785; the project site is located at 5085 SR 226, is is on the northwest corner of the intersection of SR 226 and Ledger School Road (SR 1193) 8. Project Location - Tax Parcel ID [PCN Form 131a]: PIN# 0872-00-70-6960 9. Project Location —County [PCN Form A2b]: Mitchell 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Spruce Pine, NC 11. Project Information — Nearest Waterbody [PCN Form 132a]: UT to Cranberry Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: French Broad/06010108 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 39 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ F]Unauthorized Pre -Application Request Activity ❑ Compliance ❑ No Permit Required Revised 20150602 r -I Lea ter f•i An FrWimScivnea Campnyr, Department of the Army Wilmington District, Corps of Engineers Attn: Scan McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoaki 512 North Salisbury Street Raleigh, North Carolina 27604 1, the current landownertmanagi.ng partner of the property identified blow, hereby authorize ClexrWater Enviromental Consultants, Inc. (CPC) to act on my behalf as my agent during the processing of jurisdictional deMmnination requests and permits to inipact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act andi'ar Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplmental information as needed at the request of the USACE or DWR. Additionally, ) authorize representatives of the Wilmington District, US Army Carps ofEngincers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal ,ju isdictiota under Section 404 of the Clean Water Act and/or Section 10 of the Riven and Harbors Act of 1899. Property Owner of Record: Mitzhcl Property Owner Address: Ma Criimson Laurel C;ircly uito 1 Bg.F;xsville, NC. 29705 Phone Number: 929-688-2139 Email address: Mang a r,M tchellcount . r Property Location: 50$5 :}?(i Hzghway..i3�[cer�svwille hr 7 5 4v�mer/Managing paimcr Signature, �m t�" Owner/Managing Printed name: Lli)yd H s , Jr interim County Manager Date: Match 3,2022 145 7th. Avenue West, Suite B Hende7soaville, MC 28792 Phone, A28-698-9800 vvww.cwenv X0M L U z :.1 O � ..� a * x ;s O W ram, W N N a O a a od z Q aaa r N Oa Q vo00 Ao O Q A A U Z 4 CC y .y. y L � N a y c y CD O O CV e. H Q a to � � A Mitchell County, North Carolina Parcel Parcel ID Parcel Address Total Land & Improvements 0872-00-70-6960 5085 S 226 HWY $142,000 Owner Information Owner MITCHELL COUNTY Owner Address 26 CRIMSON LAUREL CIRCLE BAKERSVILLE NC 28705 Transfer Date 12/16/2019 generated on 31412022 12:2 7:43 PM CST Data as of Assess Pay Year Year 2/26/2022 8:00:00 AM 2021 2021 I --- *---Information GIS 001081892 Section & Plat District No. 03 State Assigned District No. 03 Township No. 001 Routing No. 390 Parcel Address 5085 S 226 HWY Parcel Address 5085 S 226 HWY Legal Desc. Parcel Information Topography Services Level N Zoning Water N High N Property Class Code 620 Sewer N Low N Neighborhood Code 14 Gas N Rolling Y Neighborhood Factor .00 Electricity Y Swampy N Neighborhood Type B Sidewalk N Flood Hazard Street or Road Code A Alley N Waterfront Property Type ....armation Current AV - Total Land $74,800 AV - Res. Land & Lots $0 Legal Acreage 14.0500 Current AV - Total Improv. $67,200 AV - Res. Improv. $0 Average AV/Acre $0 Total Land & Improvements $142,000 AV - Res. Land & Improv. $0 Appraisal Date 2/1/2017 AV - Commercial Land $0 AV - Non -Res. Land $0 Change Reason Desc. 12 AV - Comm. Improv. $0 AV - Non -Res. Imp. $0 Prior AV - Total Land $0 AV - Comm. Land & Imp. $0 AV - Non -Res. Land & Improv. $0 Prior AV - Total Improv. $0 AV - Dwelling $0 AV - Classified Land $0 Adj. Factor Applied 0.00 AV - Farmland $0 AV - Homesite(s) $0 oe'�F wATr' E�Q� Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑X No 1d. Type(s) of approval sought from the DWQ (check all that apply): X❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑ Yes ❑X No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Mitchell County School 2b. County: Mitchell 2c. Nearest municipality / town: Bakersville 2d. Subdivision name: 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Mitchell County 3b. Deed Book and Page No. 608 / 934 3c. Responsible Party (for LLC if applicable): 3d. Street address: 26 Crimson Laurel Circle, Suite 1 3e. City, state, zip: Bakersville, NC 28705 3f. Telephone no.: 828-688-2139 3g. Fax no.: 3h. Email address: manager@mitchellcounty.org Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater, an EnviroScience Company 5c. Street address: 145 7th Avenue W; Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: 5g. Email address: eromaniszyn@enviroscienceinc.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 0872-00-70-6960 1b. Site coordinates (in decimal degrees): Latitude: 35.966291 Longitude:-82.116785 1 c. Property size: 14.05 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT to Cranberry Branch 2b. Water Quality Classification of nearest receiving water: C, Tr 2c. River basin: French Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is an old farm field with vegetated cover nearly all pasture and few trees and shrubs. The property is bordered by Ledger School Road road to the east and SR 226 to the south. Various residential and commercial properties exist along these roads. The property is bordered to the north and west by residential properties and wooded land cover. 3b. List the total estimated acreage of all existing wetlands on the property: 0.856 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,051 3d. Explain the purpose of the proposed project: To develop the site for a new middle school, including access roads, parking lots, utility connections, and stormwater BMPs. 3e. Describe the overall project in detail, including the type of equipment to be used: See Attachment A. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑ Yes ❑X No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. ClearWater delineated the site on 02/28/2022 and the PJD request is included in Attachment C. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El Yes ❑X No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands X❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Non -Tidal Freshwater Marsh No Corps 0.0333 W2 P Fill Non -Tidal Freshwater Marsh No Corps 0.0643 W3 Choose one Choose one Yes/No W4 Choose one Choose one Yes/No W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.098 2h. Comments: W1 = site WB on impact map (Attachment B), and W2 = WC. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UTto Cranberry Br PER Corps 3 65.6 S2 P Choose one UT to Cranberry Br PER Corps 2 12 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 77.6 3i. Comments: Stream impact is 0.0086 acres. S1 = site SA on impact map (Attachment B), and S2 = SC. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose 02 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number— Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet 131 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Attachment A 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Attachment A 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 ❑X No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Non -riparian wetland Type: Riparian wetland Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑ No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 28 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Civil Design Concept prepared the Stormwater Management Plan that was adapted to site conditions and complies with Mitchell County and NC DWR standards for runoff quantity and quality. CDC submitted the Plan directly to DWR on January 5, 2023. 2e. Who will be responsible for the review of the Stormwater Management Plan? NC DEQ 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Mitchell County ❑ Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑X Other: DWR 401 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the 0 Yes ❑ No use of public (federal/state) land? 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 El Yes 0 No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes X❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in El Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The project only involves development of the project parcel with utility connections that abut the project boundary. This project will not result in additional development that could affect downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Proposed sanitary sewer mains on site will tie into an existing Mitchell County sanitary sewer main along SR 226. Wastewater will be treated by the Spruce Pine Sewer Treatment system. Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑X Yes ❑ No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS IPAC weblink, NHP Natural Heritage Data Explorer. See Attachment D for the T&E survey report. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X❑ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed March 3, 2022 at https://www.habitat.noaa.gov/apps/efhmapper/. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? NC DNCR State Historic Preservation Office Historic Properties web GIS server. See Attachment A for additional comments. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA Map Nos. 3710087200J, 3710088200J, 3710088100J, 3710087100J; effective February 4, 2009 (Figure 6). Eric Romaniszyn January 25, 2023 Applicant/Agent's Printed Name Date Applic r7t/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 Figures 1 - 6 Mitchell County Project (+/- 14 AC) Legend r : Project Boundary 110 0q, �e Rd y�R Le,�5 -' n C' 226 �o al �d Q 4 r � S pm y 8af sa'h 4 Y * a�lAv f1aMUk Pine 0 0.5 1 2 �='G 3� Rd '3, Miles o ee�� in9ifsh Rd rIPr Drawn by: TJK 11.8.19; CEC Project# 1078 CLearWater Mitchell County, Vicinity Map North Carolina Figure 1 32 Clayton Street Asheville, North Carolina 28801 Mitchell County Project (+/- 14 AC) Legend r Project Boundary ':�7 %�� • v. r_ Vol oil T1 IJ �7 f t Project Boundary .�- n le • . % 0 500 1,000 2,000 Feet 1f L f Drawn by: TJK 11.8. 9' CEC Proje,,t# 1078 el,!� CLearWater Topographic Map Mitchell County, USGS 1:24K Quads: North Carolina 32 Clayton Street p S ruce-Pine and Micaville Asheville, North Carolina 28801 Figure 2 Mitchell County Project (+/- 14 AC) Legend F------- i : Project Boundary Project Boundary N or L--- - -- - -- - -- - -- - -- - I it 4� ------------------------------------------- 0 50 100 200 Feet Drawn by: TJK 11.8.19; CEC Project# 1078 Mitchell County, CLearWaLer Aerial Imagery Map NCCGIA (2018) North Carolina 32 Clayton Street Figure 3 Asheville, North Carolina 28801 Mitchell County Project (+/- 14 AC) Legend 77 1 Project Boundary Soil BdA: Bandana sandy loam, 0-3% slopes, occasionally flooded EcC: Evard-Cowee complex, central mountain, 8-15% slopes EcD: Evard-Cowee complex, central mountain, 15-30% slopes, stony C EdE: Evard-Cowee complex, central mountain, 30-50% slopes, stony C SaB: Saunook silt loam, 2-8% slopes C ScC: Saunook silt loam, 8-15% slopes, stony Ud: Udorthents, loamy EcC rF � EcC r= EcD SaB SCC BdA Project Boundary �1 �1 BdA 4 Ud '. i N h 4<4 SCC 0 50 100 200 Feet T .. *WIV. - - � 3� Drawn by: TJK 11.8.19; CEC Project# 1078 - — Mitchell County, OLearWater USDA Soil Map North Carolina NRCS Web Soil Survey 32 Clayton Street Figure 4 Asheville, North Carolina 28801 J Mitchell County Project (+/- 14 AC) Potentially Jurisdictional Waters of the US Stream Wetland Linear Feet Acres (stream bed) Acres SA 986 0.101 WA 0.005 SB 53 0.002 WB 0.136 Sc 12 0.001 WC 0.236 W D 0.479 Total 1 1,051 1 0.104 1 Total 0.856 WC DP-4 DP-3 N Potential Non -wetland Water of the US Potential Non -wetland Water of the US 11 Potential Wetland 11 Water of the US 11 111 DP-1 WB II ,I .I I ,I .I .I ,I WA ,I I Potential Wetland I 1 I Water of the US ,I I I I Potential Wetland I I I I I Water of the US SA I i r Project Boundary j I I - Stream I ------------------------------------------------------ Wetland -- -- Culvert Potential Non -wetland Water of the US Contours - 2ft Data Form 0 100 200 400 Feet Drawn by: TJK 3.1.22, ClearWater Project# 1078 Mitchell County, CLearWater Wetland and Stream Map North Carolina AnErrviro5clenceCompanyg Delineated February 28, 2022 145 7th Avenue W; Suite B Figure 5 Hendersonville, NC 28792 Mitchell County School (+/- 14 AC) r x sr .. 4 Project Boundary r � ■ !^ _ 1. r, c: Project Boundary FEMA Flood Zones - 100-Year Floodplain Drawn by: TJK 3.1.22; ClearWater Project# 1078 Mitchell County, North Carolina [LearWater An Errviro5cience Companyg 145 7th Avenue W; Suite B Hendersonville, NC 28792 01 a 0 500 1,000 2,000 Fey FEMA Flood Zone Map FIRM Panels: 3710087200J, 3710088200J,3710088100J, 3710087100J (all eff. 2/4/09) Figure 6 Attachment A PCN Additional Information Section B, 3e. Describe the overall project in detail, including the type of equipment to be used: The approximately 14.05-acre site is proposed for development of a new middle school. Land use is an old farm field with vegetation being nearly all pasture with scattered trees and shrubs (see Attachment F, Photo Log). Much of the site will be cleared and graded for the main building with associated entrance road, parking, and utilities (see Attachment B, Impact Map). Approximately 88 LF of 42" diameter HDPE culvert will be installed to route a stream under the eastern proposed entrance. A Nationwide Permit 18 is requested to authorize this impact. The culvert would be embedded to allow for aquatic passage. We estimate 26.67 cubic yards of fill will be required. The development will connect to existing municipal water utilities along Old Ledger Road on the western project boundary. This may require one stream crossing (temporary impact) due to the location of the stream channel, depending on final site design. If so, the utility lines will be installed "in -the -dry" under the stream bed via open cut (see Attachment B, Impact Map). Site preparation will involve placing fill in the stream and wetland areas. The total stream impacts would be 0.0086 acres and wetland impacts would be 0.098 acres. Authorization for these is requested under a Nationwide Permit 39. Typical construction equipment will be used during development of the site, including bulldozers, excavators, backhoes, dump trucks, etc. Section D, la. Specifically describe measures taken to avoid or minimize the proposed impacts through project design. The project design avoids permanent impacts to 0.758 acres of wetland (89% of wetland area on site) and 973.4 linear feet of stream (93% of stream length on site). Only two permanent stream impacts are proposed for installation of two culverts at the school entrance road. All other proposed structures and infrastructure including entrance roads, parking areas, and the building footprint are proposed in uplands. Section D, 1b. Specifically describe measure taken to avoid or minimize proposed impacts through construction techniques. Appropriate erosion and sediment control measure will be implemented to avoid unintended impacts to waters on and adjacent to the site. A pump -around system will be used to install the culverts and utilities in the dry (see Attachment B, Impact Map). Section F, 7. Historic or Prehistoric Cultural Resources. The proposed project is within 1-mile of two "Determined Eligible Boundaries", the Upper Poplar School (ML0098, surveyed only) approximately 0.3 miles to the north along Ledger School Road, and the Lydia Holman House (ML0055, surveyed only) approximately 0.9 mile to the west along SR 226 HWY. Development activities will be contained to the project site and it is the opinion of ClearWater that project construction will not negatively affect any adjacent properties. Due to the terrain and vegetative cover, the new school will be outside of the veiwshed of these properties. Data were gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed March 8, 2022. Attachment B Impact Map ¢ (n r U - ¢ U � U ¢ a d ¢ ¢ K N o o w LL Z m N aK m w a p o N U a Z fy Z- O o v ¢ ¢ 0 r o p Z o Z < O O w N a ¢ n Z N X w z w 3 o H N W \ � \ � z e xt, / �\ S d 3 U 3 r U cri ¢ d d p U Z ¢ 10 Z ¢ < M r M ¢ v w o o 3� r z n w� z a ¢ w Z M � ,6 �m a� W DO d N I Ledger School Road No TCcocd,,d R/w Found S.K. 1193 Menvsn�ea AWN' 'N tt dUonsll� U J Z m p N O o N LL¢ Ow= ¢ DO 2 J o¢� J (� v J � m D/�/� Q U rN W ¢ U U r F ¢¢"" �saa J Z p �� W o ¢ o U z�Z Z 2 J o a J¢ a O— Do N m N NOO a a LL moo oIW ow�ww W p W yN r v) Wdr d r L r era m� �¢¢ O<� ,w No �o D= <�r orrrr Ewa 3N3 a0000 5� G m mM" y{BSI w � w O � N w � waz z <Yo ¢zOf <na ¢m � � O ¢ N r�r U d 0- r. � r O ¢ga of of V�wd 0 co M r N 0 Z Fz w 0 Q K W x z v - 2740 v Fi 0 0 N n n N N SL+O L r (OZ-X3) 9'0 (OZ-LZ) 0"L£ :FC Z la3nln0 LZ :NI ANI Z :NI 'nNI 9£LZ 'dol 9+OL :V1S oz 'doad a r N 0 M r N N J J u 00+0 L nNl nNl (OZ-X3) (OZ-LZ) 9'0£LZ NI OL£LZNI / 00, U d \\\ \ 0 \ N � U, U' D z z 0 �\ N N z � U I \ X _ / U) 00 No � No ` o J W N O Z N V, Q J W N = Q �a W J V E a UOU w m - z w ------------------ wo Z N Q H w O Q �w O c)J _ Z Q J K w Og Z w3 s ac5 UO Z U ? N O O J W Z X U Z aj LL� 03 aN Q �O OW ax �W wO oo Qw F NO 03 oO dZ o, a o w I Ledger School Road M1 O I R W Found z z I No[ocor&AP, 0 o x .. << 6 R S.R. Q Z a w w N C DOT ed RIW �" U J O Z a t bLishcd t} a diRoaally z O O I O� aoz U� -� maiitan �l •s � ;,, J� _ '- i-� -�-��°�"' as •a \ aw 9D f� x o s m� ��' � �� � ��� ate'``/ ✓. ';L � �„,.. :, 7'_ o ir10 r , asp-. s III ��LIIIIflflj w i o a n =�o o cD � \ r �a fn o � a a3 Ov as mo— o, dx'49'fFM! j5 Z � s Z0H oo aw O J 2 a J N m N Z = -J _ <.i C� Co � Ca a uz G C E C Attachment C Preliminary Jurisdiction Request Application CLearWaLer An EnviroScience CompanyL C1earWater Environmental Consultants, Inc. www.cwenv.com January 25, 2023 Ms. Brandee Boggs US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 RE: Mitchell County Schools Tract (+/- 14 Ac) Preliminary Jurisdictional Determination Request Mitchell County, North Carolina Dear Ms. Boggs, The attached Preliminary Jurisdictional Determination (PJD) request is being submitted on behalf of Mitchell County (property owners). The project site is Mitchell County PIN# 0872-00-70-6960 and is located at 5085 S 226 HWY, Bakersville, NC. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached PJD request. Sincerely, Eric Ro aniszyn Senior Scientist 145 7' Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Mitchell County School 2. Work Type: Private ❑ Institutional ❑ Government ❑� Commercial ❑ 3. Project Description / Purpose [PCN Form 133d and 133e]: +/- 14 acre tract for development of the new Mitchell County Middle school and associated infrastructure including access roads, parking lots, utility connections, and stormwater BMPs. 4. Property Owner / Applicant [PCN Form A3 or A4]: Mitchell County S. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater, an EnviroScience Company 6. Related Action ID Number(s) [PCN Form BSb]: N/A 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.966291-82.116785; the project site is located at 5085 SR 226, is is on the northwest corner of the intersection of SR 226 and Ledger School Road (SR 1193) 8. Project Location - Tax Parcel ID [PCN Form 131a]: PIN# 0872-00-70-6960 9. Project Location —County [PCN Form A2b]: Mitchell 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Spruce Pine, NC 11. Project Information — Nearest Waterbody [PCN Form 132a]: UT to Cranberry Branch 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: French Broad/06010108 Authorization: Section 10 ❑ Section 404 Regulatory Action Type: ❑ Standard Permit Nationwide Permit # ❑ Regional General Permit # ❑✓ Jurisdictional Determination Request ❑✓ Section 10 & 404 ❑ F]Unauthorized Pre -Application Request Activity ❑ Compliance ❑ No Permit Required Revised 20150602 r -I Lea ter f•i An FrWimScivnea Campnyr, Department of the Army Wilmington District, Corps of Engineers Attn: Scan McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoaki 512 North Salisbury Street Raleigh, North Carolina 27604 1, the current landownertmanagi.ng partner of the property identified blow, hereby authorize ClexrWater Enviromental Consultants, Inc. (CPC) to act on my behalf as my agent during the processing of jurisdictional deMmnination requests and permits to inipact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act andi'ar Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplmental information as needed at the request of the USACE or DWR. Additionally, ) authorize representatives of the Wilmington District, US Army Carps ofEngincers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal ,ju isdictiota under Section 404 of the Clean Water Act and/or Section 10 of the Riven and Harbors Act of 1899. Property Owner of Record: Mitzhcl Property Owner Address: Ma Criimson Laurel C;ircly uito 1 Bg.F;xsville, NC. 29705 Phone Number: 929-688-2139 Email address: Mang a r,M tchellcount . r Property Location: 50$5 :}?(i Hzghway..i3�[cer�svwille hr 7 5 4v�mer/Managing paimcr Signature, �m t�" Owner/Managing Printed name: Lli)yd H s , Jr interim County Manager Date: Match 3,2022 145 7th. Avenue West, Suite B Hende7soaville, MC 28792 Phone, A28-698-9800 vvww.cwenv X0M urisdictional Determination Renuest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw. usace. army. mil/Mi ssions/RegulatoryPermitProgram/Contact/CounlyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 5085 S. 226 Hwy City, State: Bakersville, NC County: Mitchell Parcel Index Number(s) (PIN): 0872-00-70-6960 B. REQUESTOR INFORMATION Name: ClearWater Mailing Address: 145 7th Avenue West, Suite B Hendersonville, NC 28792 Telephone Number: 828-698-9800 Electronic Mail Address: eromaniszyn@enviroscienceinc.com Select one: ❑ I am the current property owner. ✓1 I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: Mitchell County Schools Mailing Address: 26 Crimson Laurel Circle, Suite 1 Bakersville, NC 28705 Telephone Number: 828-688-2139 Electronic Mail Address: manager@mitchellcounty.org 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See attached Ag Print Name Capacity: ❑ Owner Date Signature ent Authorization ✓❑ Authorized Agent' E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a projector perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. El I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ✓❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. �❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. s Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS ❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area +/- 14 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS RI Project Coordinates (Decimal Degrees): Latitude: 35.966291 Longitude:-82.116785 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 lx 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).' ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/RegulatoLy-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request RICompleted appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' Vicinity Map ❑ Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/does/regulatory/re gdocs/JD/RGL_08-02_App A Prelim_ JD_ Form_fillable.pdf ' Please see http://www.saw.usace.ariny.mil/Missions/Regulatory-Permit-Program/Jurisdietion/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federaljurisdiction underthe regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: March 3, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District 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: Mitchell City: Bakersville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.966291 Long.:-82.116785 Universal Transverse Mercator: NAD83 Name of nearest waterbody: UT t0 Cranberry Branch (Class C, Tr) E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): 02/28/2022 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) See Attachment 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:Vicinity, USGS Topographic, Aerial, USDA Soil and Stream/Wetland Delineation Map 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ 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: 1:24K Spruce -Pine and Micaville Quads 0 Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: El ❑■ 100-year Floodplain Elevation is: Photographs: ❑■ Aerial (Name & Date): or ❑ Other (Name & Date): .(National Geodetic Vertical Datum of 1929) NCCGIA 2018 ❑ Previous determination(s). File no. and date of response letter: ❑■ Other information (please specify): Property Ownership Information 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 determinations. Signature and date of Regulatory staff member completing PJD Signature Afid 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. Table 1. 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 resources 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) WA 35.96S873 -82.116379 O.00S AC Wetland 404 WB 35.966028 -82.117128 0.136 AC Wetland 404 WC 35.966282 -82.116669 0.236 AC Wetland 404 WD 35.966337 -82.116257 0.479 AC Wetland 404 SA 35.966186 -82.116412 986 LF / 0.101 AC Wetland 404 SB 35.966807 -82.116314 53 LF / 0.002 AC Wetland 404 SC 35.967054 -82.116474 12 LF / 0.001 AC Wetland 404 Parcel Information L U z :.1 O � ..� a * x ;s O W ram, W N N a O a a od z Q aaa r N Oa Q vo00 Ao O Q A A U Z 4 CC y .y. y L � N a y c y CD O O CV e. H Q a to � � A Mitchell County, North Carolina Parcel Parcel ID Parcel Address Total Land & Improvements 0872-00-70-6960 5085 S 226 HWY $142,000 Owner Information Owner MITCHELL COUNTY Owner Address 26 CRIMSON LAUREL CIRCLE BAKERSVILLE NC 28705 Transfer Date 12/16/2019 generated on 31412022 12:2 7:43 PM CST Data as of Assess Pay Year Year 2/26/2022 8:00:00 AM 2021 2021 I --- *---Information GIS 001081892 Section & Plat District No. 03 State Assigned District No. 03 Township No. 001 Routing No. 390 Parcel Address 5085 S 226 HWY Parcel Address 5085 S 226 HWY Legal Desc. Parcel Information Topography Services Level N Zoning Water N High N Property Class Code 620 Sewer N Low N Neighborhood Code 14 Gas N Rolling Y Neighborhood Factor .00 Electricity Y Swampy N Neighborhood Type B Sidewalk N Flood Hazard Street or Road Code A Alley N Waterfront Property Type ....armation Current AV - Total Land $74,800 AV - Res. Land & Lots $0 Legal Acreage 14.0500 Current AV - Total Improv. $67,200 AV - Res. Improv. $0 Average AV/Acre $0 Total Land & Improvements $142,000 AV - Res. Land & Improv. $0 Appraisal Date 2/1/2017 AV - Commercial Land $0 AV - Non -Res. Land $0 Change Reason Desc. 12 AV - Comm. Improv. $0 AV - Non -Res. Imp. $0 Prior AV - Total Land $0 AV - Comm. Land & Imp. $0 AV - Non -Res. Land & Improv. $0 Prior AV - Total Improv. $0 AV - Dwelling $0 AV - Classified Land $0 Adj. Factor Applied 0.00 AV - Farmland $0 AV - Homesite(s) $0 Figures 1 - 6 Mitchell County Project (+/- 14 AC) Legend r : Project Boundary 110 0q, �e Rd y�R Le,�5 -' n C' 226 �o al �d Q 4 r � S pm y 8af sa'h 4 Y * a�lAv f1aMUk Pine 0 0.5 1 2 �='G 3� Rd '3, Miles o ee�� in9ifsh Rd rIPr Drawn by: TJK 11.8.19; CEC Project# 1078 CLearWater Mitchell County, Vicinity Map North Carolina Figure 1 32 Clayton Street Asheville, North Carolina 28801 Mitchell County Project (+/- 14 AC) Legend r Project Boundary ':�7 %�� • v. r_ Vol oil T1 IJ �7 f t Project Boundary .�- n le • . % 0 500 1,000 2,000 Feet 1f L f Drawn by: TJK 11.8. 9' CEC Proje,,t# 1078 el,!� CLearWater Topographic Map Mitchell County, USGS 1:24K Quads: North Carolina 32 Clayton Street p S ruce-Pine and Micaville Asheville, North Carolina 28801 Figure 2 Mitchell County Project (+/- 14 AC) Legend F------- i : Project Boundary Project Boundary N or L--- - -- - -- - -- - -- - -- - I it 4� ------------------------------------------- 0 50 100 200 Feet Drawn by: TJK 11.8.19; CEC Project# 1078 Mitchell County, CLearWaLer Aerial Imagery Map NCCGIA (2018) North Carolina 32 Clayton Street Figure 3 Asheville, North Carolina 28801 Mitchell County Project (+/- 14 AC) Legend 77 1 Project Boundary Soil BdA: Bandana sandy loam, 0-3% slopes, occasionally flooded EcC: Evard-Cowee complex, central mountain, 8-15% slopes EcD: Evard-Cowee complex, central mountain, 15-30% slopes, stony C EdE: Evard-Cowee complex, central mountain, 30-50% slopes, stony C SaB: Saunook silt loam, 2-8% slopes C ScC: Saunook silt loam, 8-15% slopes, stony Ud: Udorthents, loamy EcC rF � EcC r= EcD SaB SCC BdA Project Boundary �1 �1 BdA 4 Ud '. i N h 4<4 SCC 0 50 100 200 Feet T .. *WIV. - - � 3� Drawn by: TJK 11.8.19; CEC Project# 1078 - — Mitchell County, OLearWater USDA Soil Map North Carolina NRCS Web Soil Survey 32 Clayton Street Figure 4 Asheville, North Carolina 28801 J Mitchell County Project (+/- 14 AC) Potentially Jurisdictional Waters of the US Stream Wetland Linear Feet Acres (stream bed) Acres SA 986 0.101 WA 0.005 SB 53 0.002 WB 0.136 Sc 12 0.001 WC 0.236 W D 0.479 Total 1 1,051 1 0.104 1 Total 0.856 WC DP-4 DP-3 N Potential Non -wetland Water of the US Potential Non -wetland Water of the US 11 Potential Wetland 11 Water of the US 11 111 DP-1 WB II ,I .I I ,I .I .I ,I WA ,I I Potential Wetland I 1 I Water of the US ,I I I I Potential Wetland I I I I I Water of the US SA I i r Project Boundary j I I - Stream I ------------------------------------------------------ Wetland -- -- Culvert Potential Non -wetland Water of the US Contours - 2ft Data Form 0 100 200 400 Feet Drawn by: TJK 3.1.22, ClearWater Project# 1078 Mitchell County, CLearWater Wetland and Stream Map North Carolina AnErrviro5clenceCompanyg Delineated February 28, 2022 145 7th Avenue W; Suite B Figure 5 Hendersonville, NC 28792 Mitchell County School (+/- 14 AC) r x sr .. 4 Project Boundary r � ■ !^ _ 1. r, c: Project Boundary FEMA Flood Zones - 100-Year Floodplain Drawn by: TJK 3.1.22; ClearWater Project# 1078 Mitchell County, North Carolina [LearWater An Errviro5cience Companyg 145 7th Avenue W; Suite B Hendersonville, NC 28792 01 a 0 500 1,000 2,000 Fey FEMA Flood Zone Map FIRM Panels: 3710087200J, 3710088200J,3710088100J, 3710087100J (all eff. 2/4/09) Figure 6 Data Forms U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: UPL Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966291 Long:-82.116785 Datum: NAD83 Soil Map Unit Name: BdA - Bandana sandy loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _ Iron Deposits (135) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ShallowAquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: UPL Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 0 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 0.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 10 x 2 = 20 1. None FAC species 10 x 3 = 30 2. FACU species 95 x 4 = 380 3. UPL species 0 x 5 = 0 4. Column Totals: 115 (A) 430 (B) 5. Prevalence Index = B/A = 3.74 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Dichanthelium clandestinum 40 Yes 1 Indicators of hydric soil and wetland hydrology must be 2. Solidago canadensis 35 Yes FACU present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Pycnanthemum virginianum 10 No FAC 4. Festuca arundinacea 60 Yes FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Ligustrum sp. 2 No more in diameter at breast height (DBH), regardless of 6. Juncus effusus 10 No FACW height. 7 Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 157 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 79 20% of total cover: 32 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: UPL 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) % Type' LoC2 Texture Remarks 0-12 10YR 6/4 80 10YR 5/8 20 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: Histosol (Al) _ 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 (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ 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) 2Location: PL=Pore Lining, M=Matrix 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) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: DP-1 Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966028 Long:-82.117128 Datum: NAD83 Soil Map Unit Name: SaB - Saunook Silt Loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: This is a linear wetland in the ripairan buffer of a small tributary. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _ Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: LNG FORM 61 16-4-SG, JUL 201H Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 60 x 1 = 60 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 80 x 2 = 160 1. None FAC species 0 x 3 = 0 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 140 (A) 220 (B) 5. Prevalence Index = B/A = 1.57 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 153.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 80 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carexlurida 20 No OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Polygonum sagittatium 20 No 4. Carex vulpinoidea 40 Yes OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 160 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 80 20% of total cover: 32 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-1 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) % Type' Locz Texture Remarks 0-6 10YR 5/2 80 7.5YR 4/6 20 C PL Mucky Loam/Clay Prominent redox concentrations 6-12 10YR 4/1 85 7.5YR 4/4 15 C PL Mucky Loam/Clay Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ 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) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix. MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X 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, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _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, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: DP-3 Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966282 Long:-82.116669 Datum: NAD83 Soil Map Unit Name: SaB - Saunook silt loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) X Microtopographic Relief (D4) X Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 0 Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: LNG FORM 61 16-4-SG, JUL 201H Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-3 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 75.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 100 x 1 = 100 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 35 x 2 = 70 1. Alnus serrulata 40 Yes OBL FAC species 0 x 3 = 0 2. Rosa sp. 25 Yes FACU species 5 x 4 = 20 3. Lyonia ligustrina 20 Yes FACW UPL species 0 x 5 = 0 4. Column Totals: 140 (A) 190 (B) 5. Prevalence Index = B/A = 1.36 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 153.0' 85 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 43 20% of total cover: 17 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Osmundastrum cinnamomeum 15 No FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex striata 60 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Tear tumb 20 No 4. Andropogon virginicus 5 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Trailing Rubus sp. 10 No more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 110 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 55 20% of total cover: 22 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-3 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) % Type' Locz Texture Remarks 0-2 7.5YR 3/1 90 7.5YR 3/3 10 C M Muck Distinct redox concentrations 2-14 2.5Y 2.5/1 50 2-14 2.5Y 4/1 45 10YR 3/6 5 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) X 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) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Two matrix colors on second soil horizoi RM=Reduced Matrix. MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X 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, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _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, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: DP-2 Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966337 Long:-82.116257 Datum: NAD83 Soil Map Unit Name: BdA - Bandana sandy loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: This is a mowed wetland field HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) X Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 0 Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Found gilled snail LNG FORM 61 16-4-SG, JUL 201H Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 66.7% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 40 x 1 = 40 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 60 x 2 = 120 1. None FAC species 0 x 3 = 0 2. FACU species 80 x 4 = 320 3. UPL species 0 x 5 = 0 4. Column Totals: 180 (A) 480 (B) 5. Prevalence Index = B/A = 2.67 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 153.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 50 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carexlurida 40 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Festuca arundinacea 80 Yes FACU 4. Packera aurea 10 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Scirpus sp. 5 No more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 185 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 93 20% of total cover: 37 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-2 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) % Type' Locz Texture Remarks 1-4 10YR 4/1 90 10YR 3/6 10 C M Mucky Loam/Clay Prominent redox concentrations 4-10 5Y 3/1 90 10YR 3/6 10 C M Mucky Loam/Clay Prominent redox concentrations 10-12 5Y 2.5/1 95 2.5Y 4/4 5 C M Mucky Loam/Clay Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ 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) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix. MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) X 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, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _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, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 Attachment D Threatened and Endangered Species Survey Mitchell County School Approximately 14 Acres Mitchell County, NC Threatened and Endangered Species Review and Habitat Assessment Prepared For C DOCI.i,,, cats. PA 168 Patton Avenue Asheville, NC 28801 Prepared By CLearWaLer An Enviro5cience Company 145 7t" Avenue W Suite B Hendersonville, NC 28792 March 5, 2022 (Revised January 25, 2023) Table of Contents 1.0 INTRODUCTION...................................................................................................2 2.0 METHODOLOGY..................................................................................................2 3.0 HABITAT CLASSIFICATION.................................................................................3 3.1 Fallow Field..................................................................................................................... 3 3.2 Riparian Corridor............................................................................................................ 3 3.3 Scrub Shrub Wetland..................................................................................................... 4 3.4 Maintained Emergent Wetland..................................................................................... 4 3.5 Soils..................................................................................................................................4 4.0 PROTECTED SPECIES........................................................................................4 4.1 Appalachian Elktoe........................................................................................................ 5 4.2 Bog Turtle........................................................................................................................ 5 4.3 Gray Bat........................................................................................................................... 6 4.4 Northern Long-eared Bat.............................................................................................. 7 4.5 Rock Gnome Lichen...................................................................................................... 7 4.6 Virginia Spiraea.............................................................................................................. 8 5.0 CONCLUSION AND RECOMMENDATIONS.........................................................8 List of Tables Table 1: US Fish and Wildlife Service IPaC - Official Species List. Table 2: USDA Soil Units occurring within the project boundary. List of Figures Figure 1: Site Vicinity Map Figure 2: USGS Topographic Map Figure 3: NCCGIA Aerial Imagery Map Figure 4: Habitat Map Figure 5: NRCS Soils Map Appendices Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC Natural Heritage Program Data Appendix B: Photolog Clearwater Environmental Consultants, an EnviroScience Company Page 1 Project #1078 Mitchell County School 1.0 INTRODUCTION The following report includes methods used and results for a threatened and endangered species survey and habitat assessment for the proposed approximately 14-acre project known as Mitchell County School. The study area occupies a non -forested tract at the intersection of Ledger School Road and NC Highway 226 in Bakersville, Mitchell County, North Carolina (Figure 1). The site ranges in elevation from 2,716 feet to 2,806 feet above mean sea level (MSL) (Figure 2). The threatened and endangered species survey was conducted to determine the occurrence of or the potential for existence of federally listed threatened and endangered animal and plant species within the study area (Figure 3). Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22). 2.0 METHODOLOGY The protected species surveys and habitat assessment was conducted on February 28, 2022, on the approximately 14-acre project by ClearWater Environmental Consultants, an EnviroScience Company (ClearWater) to determine the potential for occurrences of animal and plant species listed as endangered or threatened by current federal regulations. An official species list was obtained through the US Fish and Wildlife Service (FWS) Information and Planning and Consultation (IPaC) on February 28, 2022. This species list provides existing data concerning the presence or potential occurrence of threatened or endangered species in the defined project boundary (Appendix A). The FWS lists five federally threatened and endangered species, in addition to the bog turtle (threatened due to similar appearance) as occurring or potentially occurring in the project boundary. Table 1. FWS IPaC generated Official Species List for federally protected species listed as potentially occurring within the project boundary. Common Name Scientific Name Status Appalachian elktoe Alasmidonta raveneliana Endangered Bog Turtle Clemmys muhlenbergii Threatened' Gray bat Myotis grisescens Endangered Northern long-eared bat Myotis septentrionalis Threatened Rock gnome lichen Gymnoderma lineare Endangered Virginia spiraea Spiraea virginiana Threatened ' Threatened due to similar appearance; not subject to Section 7 consultation. A database search from the NC Natural Heritage Program (NHP) dated March 4, 2022, provided existing data concerning the presence or potential occurrences of federal and state listed species in Mitchell County, North Carolina within one mile of the site (Appendix A). The NHP indicates one low -accuracy element occurrence (EO) of bog turtle within a one - mile radius of the study area. This EO is approximately half a mile to the east, along Bear ClearWater Environmental Consultants, an EnviroScience Company Page 2 Project #1078 Mitchell County School Creek. No other threatened or endangered species EOs were found in the NHP database as occurring within one mile of the project boundary. During pedestrian field surveys conducted by ClearWater biologists, site habitats were identified and compared with recognized habitats for six federally protected species potentially occurring on the site. Potential flora were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. 3.0 HABITAT CLASSIFICATION During our site visit on February 28, Tyson Kurtz and Britten Yant identified four habitats: fallow field, riparian corridor, scrub shrub wetland, and maintained emergent wetland (Figure 4). A general overview of the site and descriptions of each habitat type are included below. The project site covers approximately 14 acres of moderately steep fallow fields and a lowland area surrounding a stream. Except for the scrub shrub wetland and riparian corridor, the site appears to be regularly mowed. Streams on site are unnamed tributaries to Cranberry Branch. The main stream has an average width of four feet within the project boundary. The stream banks are failing throughout the reach and the channel is incised two to three feet. Minimal woody vegetation is rooted along the stream channel. The following is a description of each of the habitat types identified on the referenced site. 3.1 Fallow Field The fallow field habitat is composed primarily of tall fescue (Festuca arundinacea) and long leaf plantain (Plantago lanceolate). Additional species observed in the field include common plantain (Plantago major), white clover (Trifolium repens), cutleaf geranium (Geranium dissectum), common cat's ear (Hypochaeris radicata), blue stem (Andropogon sp.), selfheal (Prunella vulgaris), wild carrot (Daucus carota), common dandelion (Teraxacum officinale), and multiflora rose (Rosa mutiflora). 3.2 Riparian Corridor A narrow zone of non -mowed riparian area is present along the stream banks. In general, trees are absent along this corridor except for the upstream end where red maple (Acer rubrum) and white pine (Pinus strobus) are present. Although sparse, the dominant shrub species observed along the reach are tag alder (Alnus serrulata) and multiflora rose. Additional shrubs species observed include box elder maple (Acer negundo), pussy willow (Salix discolor), American holly (Ilex opaca), black cherry (Prunus serotina), elderberry (Sambucus canadensis), swamp rose (Rosa palustris), and Chinese privet (Ligustrum sinense). The dense herbaceous layer is dominated by tall fescue, blackberry (Rubus sp.), golden ragwort (Packers aurea), deertongue (Dichanthelium clandestinum), and common rush (Juncus effusus). Additional herbaceous species observed include joe pye weed (Eutrochium sp.), goldenrod (Solidago sp.), common evening primrose (Oenothera biennis), curly dock (Rumex crispus), common mullein ClearWater Environmental Consultants, an EnviroScience Company Page 3 Project #1078 Mitchell County School (Verbascum thapsus), buttercup (Ranunculus sp.), water cress (Nasturtium sp.), multiple species of sedge (Carex spp.), and water purslane (Ludwigia palustris). 3.3 Scrub Shrub Wetland The scrub shrub wetland habitat includes the wetland areas outside of the regularly mowed field. This habitat is approximately half composed of tag alder thickets while the other half lacks shrubs. Soils in this wetland type are mostly mineral with a pocket of shallow organic soils in one isolated area containing tussock sedge (Carex stricta). The dominant shrub species observed is tag alder. Additional shrubs observed include swamp rose, multiflora rose, willow (Salix sp.), red maple, and winterberry (Ilex verticillata). The dense herbaceous layer is dominated by common rush, boneset (Eupatorium perfoliatum), swamp dewberry (Rubus hispidus), blackberry, golden ragwort, and multiple species of sedge (Carex spp.). Additional species observed in the herbaceous layer include Allegheny monkey flower (Mimulus ringens), wool grass (Scirpus cyperinus), sensitive fern (Onoclea sensibilis), cinnamon fern (Osmunda cinnamomea), mountain mint (Pycnanthmum sp.), bushy bluestem (Andropogon glomeratus), and arrowleaf tearthumb (Persicaria sagittata). 3.4 Maintained Emergent Wetland Two wetlands are present within the regularly mowed area of the floodplain and contain only herbaceous species. Common rush, tall fescue, and an unidentifiable sedge (Carex sp.) are dominant. Additional herbaceous species observed include buttercup, golden ragwort, longleaf plantain, water purslane, and Kentucky blue grass (Poa pratensis). 3.5 Soils Soils mapped by the Natural Resources Conservation Service (NRCS) Mitchell County Soil Survey are listed in Table 2 and shown in Figure 5 (NRCS 2019). Table 2. USDA Soil Units occurring within the project boundary. Map Unit Symbol Map Unit Name BdA Bandana sandy loam, 0-3% slopes, occasionally flooded EcC Evard-Cowee complex, central mountain, 8-15% slopes EcD Evard-Cowee complex, central mountain, 15-30% slopes, stony EdE Evard-Cowee complex, central mountain, 30-50% slopes, stony SaB Saunook silt loam, 2-8% slopes ScC Saunook silt loam, 8-15% slopes, stony Ud Udorthents, loamy 4.0 PROTECTED SPECIES The following is a brief description of each federally listed species included in the survey, its recognized habitat, and comments regarding survey results for that species. ClearWater Environmental Consultants, an EnviroScience Company Page 4 Project #1078 Mitchell County School 4.1 Appalachian Elktoe Federally listed as endangered, the Appalachian elktoe (Alismidonta raveniliana) has a thin but not fragile, kidney -shape shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide (Clarke 1981). Juveniles generally have a y yellowish -brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches (adapted from Clarke 1981). Only two populations of the species are known to survive. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain County, North Carolina. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, well -oxygenated, moderate- to fast -flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy substrates (Department of the Interior 1994). Suitable habitat for Appalachian elktoe is not present within the study area. The streams on site range from 2-5 feet wide and are severally degraded. The stream lacks sufficient woody vegetation along the banks, resulting in the banks sloughing into the stream bed. Pools are filled with sediment and much of the cobble and gravel substrate is embedded with fines. The stream lacks shade and has an average depth of less than one foot. It is the opinion of ClearWater that the proposed project would have no effect on this species. 4.2 Bog Turtle The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown or black carapace may be marked with radiating light lines or a light blotch on the vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and young adult specimens, but the carapace may be nearly smooth in old adults. The head, ClearWater Environmental Consultants, an EnviroScience Company Project #1078 Mitchell County School Page 5 neck, and limbs are typically dark brown with variable reddish to yellow spots and streaks. A large reddish -orange to yellow blotch is visible behind and above each tympanum, sometimes merging into a continuous band on the neck. The upper jaw is weakly notched. The plastron is brown or black, but often with lighter yellow blotches towards the medial and anterior scute edges. A mature male bog turtle has a concave plastron and a long, thick tail, with the vent posterior to the rear edge of the carapace with tail extended. The female has a flat plastron and a thinner, smaller tail, with the vent at or beneath the rear carapace edge. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the FWS has designated the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. Potentially suitable habitat for bog turtle was not found on site. The wetlands on site are isolated from upland forested areas and lack deep organic soils required for nesting activities. Additionally, the northern population of bog turtle does not occur in North Carolina. It is of the opinion of ClearWater that the proposed project would have no effect on the northern bog turtle. 4.3 Gray Bat The gray bat (Myotis grisescens) is the largest member of its genus in the eastern United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It is easily distinguished from all other bats within its range by its mono -colored fur. All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following molt in July or August, gray bats are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in reproductive females during May and June). The wing membrane connects to the foot at the ankle rather than at the base of the first toe, as in other species of Myotis. Gray bats roost in caves year-round. Most winter caves are deep and vertical; all provide large volume below the lowest entrance and act as cold air traps. A much wider variety of cave types are used during spring and fall transient periods. In summer, maternity colonies prefer caves that act as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the combined body heat from thousands of clustered individuals. No naturally occurring suitable habitat (caves) for the gray bat was observed on this site. It is of the opinion of ClearWater that this project would have no effect on this species. ClearWater Environmental Consultants, an EnviroScience Company Page 6 Project #1078 Mitchell County School 4.4 Northern Long-eared Bat The northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). The NLEB is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. NLEBs spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose bark of live or dead trees typically greater than three inches DBH (diameter at breast height). No naturally occurring suitable wintering habitat for the NLEB exists within the property boundary. Potential NLEB summer habitat is very limited because the site is nearly all pasture and field; habitat that is present is restricted to a few mature trees along the riparian corridor. ClearWater biologists did not conduct a bat survey to confirm or deny the presence of protected bat species. In November 2022, the USFWS announced a final rule reclassifying the northern long-eared bat as endangered; it has been listed as threatened since 2015. The new rule will take effect March 31, 2023. The USFWS is developing guidelines and we expect new consultation requirements and stricter limitations on tree clearing during the bat's active season (April 1 to October 31). If this is required, then tree clearing will have to occur November 1 to March 31. Because of limited NLEB potential habitat, it is ClearWater's opinion that the project may affect but is not likely to adversely affect the NLEB. 4.5 Rock Gnome Lichen Federally listed as an endangered species, rock gnome lichen (Gymnoderma lineare) occurs on rocks in areas of high humidity either at high elevations (usually vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at lower elevations. Distinguishing characteristics include dense colonies of narrow (.04 inch) straps that are blue -grey on the upper surface and generally shiny -white on the lower surface. Near the base they grade to black (the similar species of Squamulose cladonias are never blackened toward the base). Fruiting bodies are borne at the tips of the straps and are black (similar Cladonia species have brown or red fruiting bodies). Flowering occurs July through September. Suitable habitat for this species was not observed within the project boundary. No rock outcrops are present, and the entire site is less than 3,000 feet above MSL. It is the opinion of ClearWater that the proposed project would have no effect on the rock gnome lichen. ClearWater Environmental Consultants, an EnviroScience Company Page 7 Project #1078 Mitchell County School 4.6 Virginia Spiraea Virginia spiraea (Spiraea virginiana) is federally listed as an endangered species. It occurs along rivers and streams and relies on periodic disturbances, such as high -velocity scouring floods, which eliminate competition from trees and other woody vegetation. Virginia Spiraea is a perennial shrub with many branches. It grows 3 to 10 feet (ft) (0.9 — 3.0 meters; m) tall. The alternate leaves are single -tooth serrated, 1 - 6 inches (in) (2.5 — 15.2 centimeters; cm) long and 1 to 2 inches (2.5 - 5 cm) wide; occasionally curved; and have a narrow, moderately tapered base. The leaves are also darker green above than below. The plant produces flowers that are yellowish green to pale white, with stamens twice the length of the sepal. It blooms from May through early July, but flower production is sparse and does not begin until after the first year of establishment. Suitable habitat for Virginia spiraea does not exist within the proposed project boundary. The riparian corridor has minimal woody species but lacks gravel bars or benches, typical of Virginia spiraea habitat. The stream is only 2-5 feet wide and is deeply incised with failing banks. Additionally, no species in the Spiraea genus were observed. It is the opinion of ClearWater that the proposed project would have no effect on the Virginia spiraea. 5.0 CONCLUSION AND RECOMMENDATIONS During completion of threatened and endangered species habitat assessments for the Mitchell County School site, ClearWater observed potentially suitable summer habitat for NLEB. However, based on the project's location the project satisfies the 4(d) rule and consultation with US Fish and Wildlife Service (USFWS) is not required. The USFWS recommends tree cutting between November 1 and April 14 as a voluntary conservation measure. It is of the opinion of ClearWater that the development of the Mitchell County School tract is not likely to adversely affect federally protected species listed as potentially occurring within the project boundary. Potential flora were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Because of the transitory nature of some of the listed threatened and endangered species and the particular flower/fruiting periods of some plants; it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. ClearWater Environmental Consultants, an EnviroScience Company Page 8 Project #1078 Mitchell County School 6.0 REFERENCES NCNHP (North Carolina Natural Heritage Program Database). 2022. https://ncnhde.natureserve.orq/; Accessed March 2022 NCWRC. 2020. Appalachian Elktoe Distribution. https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian- Elktoe#3017843-distribution; Accessed March 2022. NRCS (Natural Resources Conservation Service). 2019. Web Soil Survey for Mitchell County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx- Accessed November 2019. USFWS. 1992. Virginia Spiraea (Spiraea virginiana Britton) Recovery Plan. USFWS. 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans) Yoshimura and Sharp. Atlanta, GA. 30 pp. USFWS. 2022. Appalachian Elktoe. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/5039#ranqelnfo; Accessed March 2022. USFWS. 2022. Bog Turtle. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/6962; Accessed March 2022. USFWS. 2022. Critical Habitat Interactive Mapper. https://www.arcgis.com/home/webmap/viewer.html?url=https://services.arcgis.co m/QVENGdaPbd4LUkLV/ArcGIS/rest/services/USFWS Critical Habitat/Feature Server&source=sd. Accessed March 2022. USFWS. 2022. Gray Bat. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/6329; Accessed March 2022. USWFS. 2022. Northern Long-eared Bat Occupied 12 Digit HUC Interactive Mapper. https://fws.maps.arcqis.com/apps/mapviewer/index.html?webmap=18378e3l 684 a4dOc896611a1df14d935; Accessed March 2022. USFWS. 2022. Rock Gnome Lichen. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/3933; Accessed March 2022. USFWS Information, Planning, and Consultation System. 2022. https://ecos.fws.gov/ipac/; Accessed February 2022. USFWS Midwest Region. 2015. Northern Long-eared Bat Fact Sheet. ClearWater Environmental Consultants, an EnviroScience Company Page 9 Project #1078 Mitchell County School Figures ClearWater Environmental Consultants, an EnviroScience Company Page 1 Project #1078 Mitchell County School Mitchell County School (+/- 14 AC) Legend r : Project Boundary 110 0q, �e Rd y�R Le,�5 -' n C' 226 �o al �d Q 4 r � S pm y 8af sa'h 4 Y * a�lAv f1aMUk Pine 0 0.5 1 2 �='G 3� Rd '3, Miles o ee�� in9ifsh Rd rIPr Drawn by: TJK 11.8.19; CEC Project# 1078 CLearWater Mitchell County, Vicinity Map North Carolina Figure 1 32 Clayton Street Asheville, North Carolina 28801 Mitchell County School (+/- 14 AC) •� Y Legend r Project Boundary ; l eIII!' 01 r Project Boundary 'T % �� " ,n le ire . —�-�- - r 01 •� .� ! db 0 500 1,000 2,000 Feet 1f L f Drawn by: TJK 11.8. 9' CEC Project# 1078 !� CLearWater Topographic Map Mitchell County, USGS 1:24K Quads: North Carolina 32 Clayton Street p S ruce-Pine and Micaville Asheville, North Carolina 28801 Figure 2 Mitchell County School (+/- 14 AC) Legend F------- i : Project Boundary Project Boundary N L--- - -- - -- - -- - -- - -- - I it 4� ------------------------------------------- 0 50 100 200 Feet Drawn by: TJK 11.8.19; CEC Project# 1078 Mitchell County, CLearWaLer Aerial Imagery Map NCCGIA (2018) North Carolina 32 Clayton Street Figure 3 Asheville, North Carolina 28801 Mitchell County School (+/- 14 AC) Project Boundary L J Project Boundary Wetland Habitats Terrestrial Habitats Stream Maintained Emergent F Fallow Field Scrub Shrub = Riparian Corridor Contours - 2ft 0 50 100 200 Feet Drawn by: TJK 3.5.22; ClearWater Project# 1078 Mitchell County, CLearWater Habitat Map North Carolina AnErrviro5ciemsCompanyj- Figure 4 145 7th Avenue W; Suite B Hendersonville, NC 28792 Mitchell County School (+/- 14 AC) Legend L_ Project Boundary Soil BdA: Bandana sandy loam, 0-3% slopes, occasionally flooded EcC: Evard-Cowee complex, central mountain, 8-15% slopes EcD: Evard-Cowee complex, central mountain, 15-30% slopes, stony C EdE: Evard-Cowee complex, central mountain, 30-50% slopes, stony C SaB: Saunook silt loam, 2-8% slopes C ScC: Saunook silt loam, 8-15% slopes, stony Ud: Udorthents, loamy EcC rF � EcC r= EcD SaB SCC BdA Project Boundary �1 �1 BdA 4 Ud '. i N h 4<4 SCC 0 50 100 200 Feet:*WIN- ; Drawn by: TJK 11.8.19; CEC Project# 1078 - — Mitchell County, OLearWater USDA Soil Map North Carolina NRCS Web Soil Survey 32 Clayton Street Figure Jr Asheville, North Carolina 28801 J Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC Natural Heritage Program Data ClearWater Environmental Consultants, an EnviroScience Company Page 1 Project #1078 Mitchell County School United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Project Code: 2022-0013272 Project Name: Mitchell Co. School February 28, 2022 Subject: List of threatened and endangered species that may occur in your proposed project location or may be affected by your proposed project To Whom It May Concern: The enclosed species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. The species list fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could change this list. Please feel free to contact us if you need more current information or assistance regarding the potential impacts to federally proposed, listed, and candidate species and federally designated and proposed critical habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) 02/28/2022 (c)). For projects other than major construction activities, the Service suggests that a biological evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. If a Federal agency determines, based on the Biological Assessment or biological evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http://www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more information regarding these Acts see https://www.fws.gov/birds/policies-and-regulations.php. The MBTA has no provision for allowing take of migratory birds that may be unintentionally killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to comply with these Acts by identifying potential impacts to migratory birds and eagles within applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan (when there is no federal nexus). Proponents should implement conservation measures to avoid or minimize the production of project -related stressors or minimize the exposure of birds and their resources to the project -related stressors. For more information on avian stressors and recommended conservation measures see https://www.fws.gov/birds/bird-enthusiasts/threats-to- birds.php. In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities that might affect migratory birds, to minimize those effects and encourage conservation measures that will improve bird populations. Executive Order 13186 provides for the protection of both migratory birds and migratory bird habitat. For information regarding the implementation of Executive Order 13186, please visit https://www.fws.gov/birds/policies-and-regulations/ executive-orders/e0-13186.php. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. 02/28/2022 Attachment(s): • Official Species List ■ Migratory Birds ■ Wetlands 02/28/2022 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 02/28/2022 E Project Summary Project Code: 2022-0013272 Event Code: None Project Name: Mitchell Co. School Project Type: Government / Municipal (Non -Military) Construction Project Description: Proposed location of new county school. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(-a)35.96619895,-82,11735675443185,14z sane t�N. , u W malivilla Counties: Mitchell County, North Carolina 02/28/2022 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 Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle Glyptemys muhlenbergii Similarity of Population: U.S.A. (GA, NC, SC, TN, VA) Appearance No critical habitat has been designated for this species. (Threatened) Species profile: https://ecos.fws.gov/ecp/species/6962 Clams NAME STATUS Appalachian Elktoe Alasmidonta raveneliana 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/5039 02/28/2022 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: littps://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Virginia Spiraea Spiraea virginiana Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1728 Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 02/28/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! 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 hPlnw_ 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. BREEDING NAME SEASON Golden Eagle Aquila chrysaetos Breeds This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention elsewhere because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. littps://ecos.fws.gov/ecp/species/1680 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 02/28/2022 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 ■ R ST TRH 02/28/2022 IPaC User Contact Information Name: Tyson Kurtz Address: 145 7th Avenue West City: Hendersonville State: NC Zip: 28792 Email tyson@cwenv.com Phone: 8286989800 Roy Cooper, Governor ■�■� NC DEPARTMENT OF ■■■� NATURAL AND CULTURAL RESOURCES ■ ■■■ March 4, 2022 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 145 7th Avenue West Hendersonville, NC 28792 RE: Mitchell County School; 1078 Dear ClearWater Environmental Consultants, Inc.: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-17337 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httr)s://www.fws.ciov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod nev.butlerLncdcr.cLov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES Q 121 W. JONES STREET, PALE IGH. NC 27 60 3 • 1GSI MAIL SERVICE CENTER. RALEiGH. NC 27699 i& 011919,707.9120 • FAX 919,707.9121 E ^ a \ / / \ ® z s a e » \ \ / FYEL \ © \ \ �2 \ \ o U 4 \ 2 2 M « < z % 'z ® e 2 o e m 0 \ ® \ / y< D \ D i \ 2 \ a / m / j �\ ± ƒe 27z » .§ / < \ \\ E % u x ) 2 \ \ \ e a / n \ / u \ \ - \ 2 © \s / e © a / \\ \ia Oa ®> 6- \ -C 0 \ �\ c eo 0 U a 0 N o e �\ /ys\\ = e ezo y=zy® 2 3 \oc \ ( J/t\/ /\2o % \ \2/»\ ^°�/ / \\ / 0)« /\ 6* 3 u \ © 2 \ s ye a)g o » 2 \ \ \ 3 / \ 0 \ \ J` t 2 e 0 E T / } \ a)\ \ .§ Z a g f D \ u } \ / e c / \ sE \ 2 e /2 \ 7 / / / \ 0 \/ \ o / \ s\ m } »> / / e e M / / c \ \ ( x \ / \ ® Ln / »ƒ /% \e E s s « _o z e (D d / / / \ \ ) \ / ƒ \ \ / T Cc - z u u s e O E / E u e \\ \ e / / \} g LO \ \ / \ 0 \ \ \ \ o / O x / / y \ / /® ��� \ ©©/ _ - m\ E w \ / z \ \ / = » \ / \ _ / / > \ \ o = s E } d 2 == u 2 x= g / //\ \\ El § \ c O O � U C/) >4 4-A � O U la) � U 75 � � Clf) � W ❑ 2 Z U Z -Now,� � a �- - s \ C\j C) CL 0 00 w -i z 0 CO 6 WE Az ai rib '16 W6 N C'4 0 !:�l LO M LO tE -.4 C4 Appendix B: Photolog ClearWater Environmental Consultants, an EnviroScience Company Page 1 Project #1078 Mitchell County School I Ali �J�i � yJ y��,• �� �1y; Photo 1. Typical view of fallow field habitat, facing southwest. r v,�� Ada WME Photo 2. Typical view of riparian corridor, facing south near center of the reach. r v,�� Ada WME Photo 2. Typical view of riparian corridor, facing south near center of the reach. Wis ti Sri N Ik 1 ri': Photo 5. Typical view of main stream, facing north near downstream end of reach. Photo 6. Typical view of substrate in main stream, near downstream end of reach. Attachment E Data Forms U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: UPL Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966291 Long:-82.116785 Datum: NAD83 Soil Map Unit Name: BdA - Bandana sandy loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _Surface Soil Cracks (136) _Surface Water (Al) _True Aquatic Plants (1314) _Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _ Iron Deposits (135) _Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) _ShallowAquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: UPL Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 0 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 0.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 10 x 2 = 20 1. None FAC species 10 x 3 = 30 2. FACU species 95 x 4 = 380 3. UPL species 0 x 5 = 0 4. Column Totals: 115 (A) 430 (B) 5. Prevalence Index = B/A = 3.74 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Dichanthelium clandestinum 40 Yes 1 Indicators of hydric soil and wetland hydrology must be 2. Solidago canadensis 35 Yes FACU present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Pycnanthemum virginianum 10 No FAC 4. Festuca arundinacea 60 Yes FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Ligustrum sp. 2 No more in diameter at breast height (DBH), regardless of 6. Juncus effusus 10 No FACW height. 7 Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 157 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 79 20% of total cover: 32 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0 SOIL Sampling Point: UPL 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) % Type' LoC2 Texture Remarks 0-12 10YR 6/4 80 10YR 5/8 20 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: Histosol (Al) _ 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 (Al 2) _Sandy Mucky Mineral (S1) _Sandy Gleyed Matrix (S4) _Sandy Redox (S5) _Stripped Matrix (S6) Dark Surface (S7) Restrictive Layer (if observed): Type: Depth (inches): Remarks: _ 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) 2Location: PL=Pore Lining, M=Matrix 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) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No X ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: DP-1 Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966028 Long:-82.117128 Datum: NAD83 Soil Map Unit Name: SaB - Saunook Silt Loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: This is a linear wetland in the ripairan buffer of a small tributary. HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) _ Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) X Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No Depth (inches): Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: LNG FORM 61 16-4-SG, JUL 201H Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 100.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 60 x 1 = 60 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 80 x 2 = 160 1. None FAC species 0 x 3 = 0 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 140 (A) 220 (B) 5. Prevalence Index = B/A = 1.57 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 153.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 80 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carexlurida 20 No OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Polygonum sagittatium 20 No 4. Carex vulpinoidea 40 Yes OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 160 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 80 20% of total cover: 32 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-1 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) % Type' Locz Texture Remarks 0-6 10YR 5/2 80 7.5YR 4/6 20 C PL Mucky Loam/Clay Prominent redox concentrations 6-12 10YR 4/1 85 7.5YR 4/4 15 C PL Mucky Loam/Clay Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ 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) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix. MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X 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, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _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, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: DP-3 Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966282 Long:-82.116669 Datum: NAD83 Soil Map Unit Name: SaB - Saunook silt loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) X Microtopographic Relief (D4) X Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 0 Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: LNG FORM 61 16-4-SG, JUL 201H Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-3 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 3 (A) 3. Total Number of Dominant 4. Species Across All Strata: 4 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 75.0% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 100 x 1 = 100 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 35 x 2 = 70 1. Alnus serrulata 40 Yes OBL FAC species 0 x 3 = 0 2. Rosa sp. 25 Yes FACU species 5 x 4 = 20 3. Lyonia ligustrina 20 Yes FACW UPL species 0 x 5 = 0 4. Column Totals: 140 (A) 190 (B) 5. Prevalence Index = B/A = 1.36 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 153.0' 85 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 43 20% of total cover: 17 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Osmundastrum cinnamomeum 15 No FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex striata 60 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Tear tumb 20 No 4. Andropogon virginicus 5 No FACU Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Trailing Rubus sp. 10 No more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 110 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 55 20% of total cover: 22 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-3 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) % Type' Locz Texture Remarks 0-2 7.5YR 3/1 90 7.5YR 3/3 10 C M Muck Distinct redox concentrations 2-14 2.5Y 2.5/1 50 2-14 2.5Y 4/1 45 10YR 3/6 5 C M Loamy/Clayey Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ Histic Epipedon (A2) —Black Histic (A3) —Hydrogen Sulfide (A4) _Stratified Layers (A5) X 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) Restrictive Layer (if observed): Type: Depth (inches): Remarks: Two matrix colors on second soil horizoi RM=Reduced Matrix. MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X 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, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _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, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 U.S. Army Corps of Engineers OMB Control#: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a) Project/Site: 1078 - Mitchell County School City/County: Mitchell Sampling Date: 2/28/2022 Applicant/Owner: Mitchell County State: NC Sampling Point: DP-2 Investigator(s): B. Yant, T. Kurtz Section, Township, Range: Snow Creek Township Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.966337 Long:-82.116257 Datum: NAD83 Soil Map Unit Name: BdA - Bandana sandy loam NWI classification: Not shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? 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 Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: This is a mowed wetland field HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) —Surface Soil Cracks (136) X Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) —Hydrogen Sulfide Odor (Cl) —Drainage Patterns (1310) _ Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) —Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _Thin Muck Surface (C7) —Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) —Other (Explain in Remarks) _ Stunted or Stressed Plants (D1) _ Iron Deposits (135) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) _ Microtopographic Relief (D4) X Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 0 Water Table Present? Yes No Depth (inches): Saturation Present? Yes No Depth (inches): Wetland Hydrology Present? Yes X No includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Found gilled snail LNG FORM 61 16-4-SG, JUL 201H Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-2 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. None Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 66.7% (A/B) 7. Prevalence Index worksheet: =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 40 x 1 = 40 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 60 x 2 = 120 1. None FAC species 0 x 3 = 0 2. FACU species 80 x 4 = 320 3. UPL species 0 x 5 = 0 4. Column Totals: 180 (A) 480 (B) 5. Prevalence Index = B/A = 2.67 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is 153.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 50 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carexlurida 40 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Festuca arundinacea 80 Yes FACU 4. Packera aurea 10 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Scirpus sp. 5 No more in diameter at breast height (DBH), regardless of 6 height. 7. Sapling/Shrub - Woody plants, excluding vines, less 8. than 3 in. DBH and greater than or equal to 3.28 ft (1 9 m) tall. 10. Herb - All herbaceous (non -woody) plants, regardless 11. of size, and woody plants less than 3.28 ft tall. 185 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 93 20% of total cover: 37 height. Woody Vine Stratum (Plot size: 15 ) 1. None 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP-2 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) % Type' Locz Texture Remarks 1-4 10YR 4/1 90 10YR 3/6 10 C M Mucky Loam/Clay Prominent redox concentrations 4-10 5Y 3/1 90 10YR 3/6 10 C M Mucky Loam/Clay Prominent redox concentrations 10-12 5Y 2.5/1 95 2.5Y 4/4 5 C M Mucky Loam/Clay Prominent redox concentrations 'Type: C=Concentration, D=Depletion, Hydric Soil Indicators: _ Histosol (Al) _ 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) Restrictive Layer (if observed): Type: Depth (inches): Remarks: RM=Reduced Matrix. MS=Masked Sand Grains. _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) _Loamy Mucky Mineral (F1) (MLRA 136) _Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) X 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, 1479 148) 2Location: PL=Pore Lining, M=Matrix Indicators for Problematic Hydric Soil _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, 1479 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0 Attachment F Photo Log :' �. s t 0 a� 3 t 0 a� .� i O w.. d .� d O m N r O O t a Photo 2. Site WA and SA Photo 3. Site WB Photo 4. Site WB Photo S. Site WC Photo 6. Site WD Photo 7. Site SB and WD