20230215 Ver 1_ePCN Application_20230207

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
For Nationwide Permits and Regional General Permits
(along with corresponding Water Quality Certifications)
April 13, 2022 Ver 4.3
Has this project met the requirements for acceptance in to the review process?*
Yes
No
Is this project a public transportation project?*
Yes No
Change only if needed.
Pre -Filing Meeting Date Request was submitted on:
10/4/2022
BIMS # Assigned* Version#*
20230215 1
Is a payment required for this project?*
No payment required
Fee received
Fee needed - send electronic notification
Reviewing Office*
Asheville Regional Office - [phone]
Information for Initial Review
What amout is owed?*
$240.00
$570.00
Select Project Reviewer*
Joey Winston:eads\jbwinston
la. Name of project:
Lake Lure Dam Drain Gate & Test Borings for Dam Replacement
la. Who is the Primary Contact?*
Gerald Pottern, Mogensen Mitigation Inc.
1 b. Primary Contact Email:* lc. Primary Contact Phone:*
[e-mail] [phone]
Date Submitted
2/7/2023
Nearest Body of Water
Lake Lure, Broad River
Basin
Broad
Water Classification
Lake Lure = Class B-Trout: Broad R below dam = Class C
Site Coordinates
Latitude: Longitude:
35.4260 -82.1837
A. Processing Information
County (or Counties) where the project is located:
Rutherford
Is this a NCDMS Project
Yes No
Is this project a public transportation project? *
Yes No

la. Type(s) of approval sought from the Corps:
Section 404 Permit (wetlands, streams and waters, Clean Water Act)
Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
Has this PCN previously been submitted?*
Yes
No
1 b. What type(s) of permit(s) do you wish to seek authorization?
Nationwide Permit (NWP)
Regional General Permit (RGP)
Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
Yes No
Nationwide Permit (NWP) Number: 03 - Maintenance
NWP Numbers (for multiple NWPS):
ld. Type(s) of approval sought from the DWR:
401 Water Quality Certification - Regular
Non-404 Jurisdictional General Permit
Individual 401 Water Quality Certification
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
Yes No
1 h. Is the project located in any of NC's twenty coastal counties?
Yes No
1j. Is the project located in a designated trout watershed?
Yes No
B. Applicant Information
ld. Who is applying for the permit?
Owner Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
Yes No
2. Owner Information
2a. Name(s) on recorded deed:
Town of Lake Lure
2b. Deed book and page no.:
Deed Book 283, Page 651
2c. Contact Person:
Hank Perkins, Town Manager
2d. Address
Street Address
2948 Memorial Highway
Address Line 2
P.O. Box 255
City
Lake Lure
Postal / Zip Code
28746
401 Water Quality Certification - Express
Riparian Buffer Authorization
State / Province / Region
NC
Country
US
Yes No
Yes No

2e. Telephone Number:
[phone]
2f. Fax Number:
2g. Email Address: *
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Gerald Pottern
4b. Business Name:
Mogensen Mitigation Inc.
4c. Address
Street Address
104 East Chestnut Ave
Address Line 2
City
Wake Forest
Postal / Zip Code
27587
4d. Telephone Number:
[phone]
4f. Email Address: *
[e-mail]
C. Project Information and Prior Project History
State / Province / Region
NC
Country
US
4e. Fax Number:
1. Project Information
1b. Subdivision name:
(if appropriate)
lc. Nearest municipality / town:
Lake Lure
2. Project Identification
2a. Property Identification Number:
Parcel # 37161-1649749
2c. Project Address
Street Address
197 Buffalo Shoals Rd
Address Line 2
City
Lake Lure
Postal / Zip Code
28746
3. Surface Waters
3a. Name of the nearest body of water to proposed project: *
Lake Lure, Broad River
3b. Water Resources Classification of nearest receiving water: *
Lake Lure = Class B-Trout; Broad R below dam = Class C
3c. What river basin(s) is your project located in?*
Broad
3d. Please provide the 12-digit HUC in which the project is located.
03050105-0303 (above dam); 03050105-0308 (below dam)
4. Project Description and History
2b. Property size:
8.5 acres
State / Province / Region
NC
Country
US

4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
Lake Lure Dam is a 100-ft high hydroelectric impoundment on the Broad River in western Rutherford County. The dam was built in 1925-26, filled in 1927, and the hydropower plant began
operation in 1928. The dam has 13 arch bays, with the powerhouse near the center in bay #7. An 18-inch diameter gravity sewer pipe runs beneath the lake bed and emerges through the
dam in bay #5. Buffalo Shoals Road runs across the dam crest. The land areas adjacent to both ends of the dam are cleared and maintained for an electrical substation, powerlines, road,
and dam maintenance and operations building. A paved road along the right (south) bank of the river below the dam provides access to the hydropower station and wastewater pump
station. The river bed below the dam contains irregular bedrock and boulders. The riparian areas below the dam are mostly forested, except for the access road and other areas where
shallow bedrock limits the vegetation to herbs and small shrubs.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past? *
Yes No Unknown
4f. List the total estimated acreage of all existing wetlands on the property:
none
4g. List the total estimated linear feet of all existing streams on the property:
230 feet (Broad River)
4h. Explain the purpose of the proposed project: *
The proposed work includes: 1) installing a new low-level drain gate under bay #7 near the center of the dam and 2) drilling a network of geotechnical test borings into bedrock below the
dam. The test boring work is needed to design a future replacement dam which will not be built for at least five or more years. The replacement dam is beyond the scope of this PCN
application, and will probably require a 404 Individual Permit. Funding for the dam replacement has not yet been obtained.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used: *
The lake level will be lowered about 5 to 10 feet to provide extra storage in the event of heavy rainfall and to keep flows in the work area manageable. To access the gate installation and
test boring areas, the contractor will install a temporary road crossing in the river below the powerhouse outlet, from the existing wastewater pump station access road. The temporary
crossing will use a series of culvert pipes and riprap fill (Figure 5). The contractor will also install a temporary working surface where needed on the bedrock and boulder areas to transport
equipment to the gate installation and test boring areas. These will use flexible synthetic matting and rock fill. There are 10 proposed test boring sites in the river bed and rocky areas
beside the river; the contractor will determine which sites require temporary fill for access, depending on types of equipment to be used, There are also 4 test boring sites along the existing
access road below the dam, and 6 test boring sites in upland areas at the ends of the dam, to be accessed from Buffalo Shoals Rd. The temporary matting, rock fill, and culvert pipes in
the river will be removed when the test boring and gate installation work are completed.
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
Yes
Comments:
No wetlands in project area; only lake (open water) and river.
No Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made? *
Preliminary Approved Not Verified Unknown N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other:
6. Future Project Plans
Gerald Pottern
Mogensen Mitigation Inc.
6a. Is this a phased project?*
Yes No
6b. If yes, explain.
The drain gate and geotechnical test borings are needed for the future design and construction of a modern dam to replace the existing 100-year old structure and meet Dam Safety rules,
including the capacity to pass higher flows than the current dam is designed for. That is not expected to happen for five or more years, and will depend on funding.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
Another consultant (LaBella Engineering) submitted a PCN in November 2022 for a deep -water access boat ramp in the lake above the dam. The boat ramp project is not related to the
drain gate and test boring work proposed herein.
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
Wetlands
Open Waters
3. Stream Impacts
Streams -tributaries
Pond Construction
Buffers
3a. Reason for impact (?)
3b.Impact type*
3c. Type of impact*
3d. S. name*
3e. Stream Type*
3f. Type of
Jurisdiction *
3g. S. width
3h. Impact
length*

S1
access road xing
Temporary
Fill
Broad River
Perennial
Both
56
Average (feet)
70
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
0
3i. Total stream and ditch impacts:
70
3i. Total temporary stream impacts:
70
3j. Comments:
Temporary access road across the main river channel for access to the gate installation area and test boring sites (Figure 5).
4. Open Water Impacts
4a. Site #
4a1. Impact Reason
4b. Impact type
4c. Name of waterbody
4d. Activity type
4e. Waterbodytype
4f. Impact area
01
equipment access
T
Broad River
Fill
Other
0.46
4g. Total temporary open water Impacts:
0.46
4g. Total open water impacts:
0.46
4g. Total permanent open water impacts:
0.00
4h. Comments:
The wide portion of the river below the Tainter spillway gates (north of the main channel) is herein treated as open water, with impacts measured by area
rather than length. Most of the 0.46 acre within the open water LOD area will not need any temporary fill, but at this time we can not specify exactly
where fill will be needed, and we are therefore requesting authorization to place temporary fill in any or all of it.
E. Impact Justification and Mitigation
U
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Access from existing roads above and below the dam are used to the extent practicable. Temporary fill is proposed only where equipment cannot be
transported without it.
lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Lake level will be lowered prior to construction to provide extra storage and keep flows in the work area manageable. Rock fill will be placed on
geotextile matting to facilitate removal after work is completed. Test boring drill debris will be contained and disposed safely off -site.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
Yes No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No permanent impacts.
F. Stormwater Management and Diffuse Flow Plan (required by DWR)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
Yes No
If no, explain why:
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? *
Yes No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
Yes No
Comments:
No new impervious surface
G. Supplementary Information

1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*
Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina)
Environmental Policy Act (NEPA/SEPA)?*
Yes No
Comments: *
Project does not trigger NEPA or SEPA document thresholds.
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
Yes No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
Yes No
3b. If you answered "no," provide a short narrative description.
Maintenance and repair of an existing dam; no secondary or cumulative impacts.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
Yes No N/A
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?*
Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
Yes No
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. Is another Federal agency involved?*
Yes
5e. Is this a DOT project located within Division's 1-8?
Yes No
No Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
Yes No
5g. Does this project involve bridge maintenance or removal?
Yes No
5h. Does this project involve the construction/installation of a wind turbine(s)?*
Yes No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
• Yes No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
FWS-IPaC consultation and NC-NHP database. A Biological Assessment report of potential impacts to E&T species prepared by MMI is attached. A few
small scrubby trees along the south river bank will be removed for the access road, but these do not appear to be suitable roosting trees for the listed bat
species known in Rutherford County.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
Yes No
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat? *
NOAA-NMFS Essntial Fish Habitat mapping tool shows no EFH in Rutherford County.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status?*
Yes No

7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
Lake Lure Dam and Hydroelectric Plant is identified as structure RF0605 in the NC State Historic Preservation Office (SHPO) database (Figure 7). It is a
historic structure in terms of age and significance to the Town of Lake Lure, but is not listed on the National Register of Historic Places. The proposed
drain gate repair and geotechnical test boring work will have negligible impact on the dam's appearance and historic integrity. However, the future dam
replacement (for which the geotechnical test boring work is being conducted) will require removal of the upper portion of the old dam, and the lower
portion will be submerged in the lake.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
Yes No
8b. If yes, explain how project meets FEMA requirements:
No new permanent fill in the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
NC Flood Mapping Program, FEMA FIRM Panel # 0652. Figure 6.
Miscellaneous
Please use the space below to attach all required documentation or any additional information you feel is helpful for application review. Documents should be combined into one file when
possible, with a Cover Letter, Table of Contents, and a Cover Sheet for each Section preferred.
Click the upload button or drag and drop files here to attach document
PJD-PCN LakeLure Binderl.pdf 3.39MB
File must be PDF or KMZ
Comments
Signature
By checking the box and signing below, I certify that:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief'; and
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time.
• I have given true, accurate, and complete information on this form;
I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act");
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND
I intend to electronically sign and submit the PCN form.
Full Name:
Gerald Pottern
Signature
Date
2/7/2023

www.MogMit.com
M M I -Charlotte [phone]
MMI - Raleigh [phone]
06 February 2023
MOGENSEN MITIGATION INC.
ENVIRONMENTAL CONSULTING
Brandee Boggs
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
DVM
MOGENSEN MITIGATION, INC
Subject: PJD Request and ePCN for Lake Lure Dam drain gate & test boring work, Rutherford County NC
Dear Brandee,
On behalf of the Town of Lake Lure, we are submitting this Preliminary Jurisdictional Determination (PJD)
Request package and e-PCN (NWP-3) for the proposed drain gate installation and geotechnical test boring
work at Lake Lure Dam. I am the environmental consultant handling delineation and permitting tasks for
Schnabel Engineering, the firm designing the repair work. Hank Perkins, Town Manager of Lake Lure, is the
applicant. The Lake Lure Dam hydroelectric power plant is not FERC regulated.
Lake Lure Dam is a 100-ft high impoundment on the Broad River in western Rutherford County NC, in USGS
HUC # 03050105. The dam was built in 1925-26, filled in 1927, and the hydropower plant began operation
in 1928. The dam has 13 arch bays, with the powerhouse near the center in bay #7. An 18-inch diameter
gravity sewer pipe runs beneath the lake bed and emerges through the dam in bay #5. Buffalo Shoals Road
runs across the dam crest. The land areas adjacent to both ends of the dam are cleared and maintained for
an electrical substation, powerlines, road, and dam maintenance and operations building. A paved road
along the right (south) bank of the river below the dam provides access to the hydropower station and
wastewater pump station.
Features Potentially Subject to Clean Water Act Regulation
The proposed limits of disturbance (LOD) and PJD review area extends from the dam crest to approximately
200 downstream along the Broad River. Potential jurisdictional waters in the PJD review area are limited
to Lake Lure (open waters, normal pool = 990 ft) and Broad River below the dam (perennial stream). The
main river channel is 50-70 feet wide at the toe of the dam (excluding the side channel that carries spillway
flow), then narrows to 35-45 feet wide 200 feet downstream from the powerhouse in bay #7. The river bed
below the dam is predominantly bedrock and boulders, flowing through a steep -walled ravine. We did not
flag the OHWM boundary, which is mostly on bare rock; the OHWM mapping provided is approximate. The
lake above the dam is designated Class-B-Trout waters in USGS HUC # 03050105-0303, and below the dam
is Class-C in HUC # 03050105-0308.
There is no wetland and no mapped hydric soil in the PJD review area. The USDA -mapped soil at both ends
of the dam and along the river below is Rion -Ashlar -Rock Outcrop complex, on 45 -70% slopes. Ashe-
Chestnut complex, and Evard loam; all are steep -slope rocky soils.
Environmental Field Studies ■ Wetland & Stream Delineation ■ 404-401 Permits ■ Mitigation Plans & Banking

MOGENSEN MITIGATION INC.
Proposed Scope of Work and Impacts to Waters
A temporary access road across the main river channel just blow the powerhouse outlet (riprap fill and a
series of culvert pipes) will temporarily affect 70 linear feet and .09 acre of river bed. Additional temporary
fill may be needed to transport equipment to some of the test boring sites on the north side of the
proposed access road. For this purpose, rock fill will be placed on synthetic geotextile matting, which will
facilitate removal when the test boring work is completed. Specific areas where temporary will be needed
are unknown at this time and will be determined by the contractor, but could be anywhere within the
additional 0.58 acre Limit of Disturbance (LOD) in the river bed.
No construction disturbance will occur in the lake above the dam. However, the lake level will be lowered
about 5 to 10 feet to provide extra storage in the event of heavy rainfall and to keep flows in the work area
manageable.
Supporting Documents
The following supporting documents are included with this JD Request and e-PCN submittal:
JD Request Form and PJD Append 2 Form
Agent authorization form signed by owner
Figure 1. Lake Lure Dam project vicinity map, Rutherford County NC.
Figure 2. Drone view of Lake Lure Dam showing spillway, hydro powerhouse, and pump station.
Figure 3. USDA Soil Survey Map -- https://websoiIsurvey.sc.egov.usda.gov/App/HomePage.htm
Figure 4. Preliminary Jurisdictional Determination, Waters of the US in the JD Review Area, Lake Lure Dam
Figure 5A. Construction Limits of Disturbance (LOD, red) and river impacts -- LEFT Side.
Figure 5B. Construction Limits of Disturbance (LOD, red) and river impacts -- RIGHT Side.
Figure 6. FEMA Flood Risk Information System (FRIS) Map # 3710065200J.
Figure 7. NC State Historic Preservation Office (SHPO) map of historic structures near Lake Lure Dam.
Figure 8A. Typical vegetation on river shorelines and mid -channel rocky islands within the LOD.
Figure 8B. View into arch bay #5 where new drain gate will be installed, showing 18" gravity sewer.
Endangered & Threatened Species biological assessment report
FWS IPaC Official Species List letter, December 2022
NMwww.Mogmit.com Page 12
MOGENSEN MITIGATION, INC

MOGENSEN MITIGATION INC.
Please let me know if you need any further information or a site visit during your review of our application.
Sincerely,
Gerald Pottern, Senior Biologist
Mogensen Mitigation Inc.
104 East Chestnut Ave
Wake Forest NC 27587
919-556-8845 office
919-649-6506 mobile
[e-mail]
cc: Samuel Kees, Schnabel Engineering
DAMwww.Mogmit.com Page 13
MOGENSEN MITIGATION, INC

urisdictional Determination Reauest
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.g my.mil/Missions/Re ul�atoiyPermitProgram/Contact/Coun!yLocator.aWx,
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: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
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: 197 Buffalo Shoals Rd
City, State:
County:
Lake Lure, NC 28746
Rutherford
Parcel Index Number(s) (PIN): 37161-1649749
B. REQUESTOR INFORMATION
Name: Gerald Pottern, Mogensen Mitigation 10
Mailing Address: 104 East Chestnut Ave
Telephone Number:
Electronic Mail Address
Select one:
✓❑
Wake Forest NC 27587
919-556-8845
[e-mail]
I am the current property owner.
I am an Authorized Agent or Environmental Consultanti
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Town of Lake Lure
Mailing Address: P.O. BOX 255
Lake Lure, NC 28746
Telephone Number: [phone] (Hank Perkins, town me
Electronic Mail Address: [e-mail]
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.
Hank Perkins
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
10 October 2022
Date
(agent authorization letter attached)
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector 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.
❑ I intend to construct/develop a projector 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 projector 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:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERNIINATION (JD) TYPE (Select One)
ZI am requesting that the Corps provide a preliminM 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
I I review area.
✓❑ Size of Property or Review Area 6 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
Project Coordinates (Decimal Degrees): Latitude:
35.4260
Longitude:-82.1837
zA legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ 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.
F] 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/RegulatoEy-Permit-
Pro gram/Juri sdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
F4Completed 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 Forma
W1 Vicinity Map
zAerial Photograph
z USGS Topographic Map
Soil Survey Map
zOther 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
�J Other Assessment Forms
' www.saw.usace.gM."I/Portals/59/docs/regulatory/readocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf
s Please see hLtp://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
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 federal jurisdiction under the 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:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Gerald Pottern, 104 E Chestnut Ave, Wake Forest NC 27587
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
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: OnSIoW City: Holly Ridge
Center coordinates of site (lat/long in degree decimal format):
Lat.: 34.5065 Long.:-77.5032
Universal Transverse Mercator:
Name of nearest waterbody: Kings Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
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)
S 1
35.4260
-82.1837
300 I i n . ft,
river
404
01
35.4264
-82.1837
0.57 ac
river
404
02
35.4262
-82.1843
0.45 ac
lake
404

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: USGS National Map, Google Earth aerials
❑ 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: 03050105-0308 (Broad River)
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
■❑ Natural Resources Conservation Service Soil Survey. Citation: USDA web soil survey
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: Rutherford Co FIRM Panel 0652
❑ 100-year Floodplain Elevation is: 907.3 .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑■ Aerial (Name & Date): Google Earth - Oct 2021
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Geral,.J }} Digitally signed by Gerald Pottem
d P otte rn Date: 2022.06.09 19:07:55-04'00'
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

PROPERTY LEGAL DESCRIPTION: Lake Lure Dam Reservoir Drain and Geotech Testingfor
Dam Replacement
PARCEL ID: 37161-1649749 Rutherford Count
STREET ADDRESS: 197 Buffalo Shoals Rd, Lake Lure, NC 28746
PROPERTY OWNER: Town of Lake Lure
The undersigned, registered property owners of the above noted property, do hereby authorize:
Gerald Pottern & Richard Mo ems_ of Mogensen Mitigation Inc (MMI)
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this
permit or certification and any and all standard and special conditions attached.
By signing below, I authorize representatives of the U.S. Army Corps of Engineers (Corps) and NC
Division of Environmental Quality (DEQ) 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 Waters Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am the duly authorized owner of record of the property identified herein.
PROPERTY OWNER ADDRESS (if different than property above):
Town of Lake Lure, 2948 Memorial Highway, PO Box 255, Lake Lure NC 28746
Telephone: [phone] Email: [e-mail]
William H. Perkins Jr. Town Mana
Print Name 1
X /i a,
Authorized Signature 1
Date: l b l Z 0 Z Z-.

Lake Lure Dam Low -Level Drain Gate and Geotechnical Test Boring
PCN Support Figures & Biological Assessment of E&T Species
Project Location: 197 Buffalo Shoals Rd, Lake Lure, NC 28746.
Latitude/Longitude: 35.4260,-82.1841
Watershed: Broad River HUC # 03050105
ATTACHMENTS
Figure 1. Lake Lure Dam project vicinity map, Rutherford County NC.
Figure 2. Drone view of Lake Lure Dam showing spillway, hydro powerhouse, and pump station.
Figure 3. USDA Soil Survey Map -- https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm
Figure 4. Preliminary Jurisdictional Determination, Waters of the US in the JD Review Area, Lake Lure Dam
Figure 5A. Construction Limits of Disturbance (LOD, red) and river impacts -- LEFT Side.
Figure 513. Construction Limits of Disturbance (LOD, red) and river impacts -- RIGHT Side.
Figure 6. FEMA Flood Risk Information System (FRIS) Map # 3710065200J.
Figure 7. NC State Historic Preservation Office (SHPO) map of historic structures near Lake Lure Dam.
Figure 8A. Typical vegetation on river shorelines and mid -channel rocky islands within the LOD.
Figure 813. View into arch bay #5 where new drain gate will be installed, showing 18" gravity sewer.
Agent authorization form signed by owner
Endangered & Threatened Species biological assessment report
FWS IPaC Official Species List letter, December 2022

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Figure 8A. Typical vegetation on river shorelines and mid -channel rocky islands within the Limits of Disturbance (LOD).
Figure 8B. View into arch bay #5 where new drain gate will be installed, showing 18" diameter gravity sewer.

APPENDIX A.
FEDERAL ENDANGERED & THREATENED SPECIES - BIOLOGICAL ASSESSMENT REPORT
LAKE LURE DAM DRAIN GATE and GEOTECHNICAL TEST BORING
RUTHERFORD COUNTY, NORTH CAROLINA -- DECEMBER 2022
Prepared by: Gerald Pottern, Mogensen Mitigation Inc.
SITE DESCRIPTION
Lake Lure Dam is a 100-ft high hydroelectric impoundment on the Broad River in western Rutherford County NC, in USGS
HUC # 03050105 (Figure 1). The dam was built in 1925-26, filled in 1927, and the hydropower plant began operation in
1928. The dam has 13 arch bays, with the powerhouse near the center in bay #7. An 18-inch diameter gravity sewer
pipe runs beneath the lake bed and emerges through the dam in bay #5. Buffalo Shoals Road runs across the dam crest.
The land areas adjacent to both ends of the dam are cleared and maintained for an electrical substation, powerlines,
road, and dam maintenance and operations building.
The lake above the dam is designated Class B-Trout waters by the NC Division of Water Resources (DWR) and the Broad
River below the dam is designated Class C. The normal pool elevation above the dam is 990 feet NAVD and the river bed
elevation below the dam is approximately 890 feet. A portion of the outflow from the lake comes through the
hydropower facility at the center of the dam, and the remainder comes through three Tainter gates on the spillway
along the north (left) side of the dam (Figure 2). The two outlet channels join together 100 feet east of the dam. The
river bed downstream is mostly bedrock and large boulders, dropping 6 feet in elevation along the first 500 feet (1.2%
average slope).
The river banks east of the dam are steep and rocky. The south (right) bank has an access road parallel to the river that
leads to the hydropower facility and wastewater pump station; the road is 20 to 30 feet in elevation above the riverbed.
The north (left) bank along the river is mostly natural with a sparse forest of mixed hardwoods and conifers including
oaks, hickory, sweetgum, tuliptree, maple, sourwood, persimmon, pine, and juniper. The forests near the dam are
mesic to dry-mesic plant communities, with abrupt transitions between the forest and the adjacent lake pool and river;
there is no wetland habitat in the project area. USDA soil mapping in the project area indicates Rion -Ashlar -Rock
outcrop complex soils on 45 to 70 percent slopes along the steeper portions of the river banks, and Rion sandy loam on
the less steep areas farther up the banks.
PROJECT DESCRIPTION
The proposed work includes installing a new low-level drain gate near the center of the dam and drilling a network of
geotechnical test borings into the bedrock below the dam. The test boring work is needed to design the replacement
dam which will not be built for at least five years, depending on funding. To access the drain gate and test boring area,
the contractor will first construct a temporary bridge across the hydropower outlet channel using either a pre -fabricated
removable bridge or a series of culvert pipes and temporary rock fill over the pipes (to be determined). The contractor
will then construct a stone platfom to provide a surface on which the construction and drilling equipment can operate
on the northern portion of the river bed. The stone platform consists of flexible synthetic matting with crushed stone on
top.
The project impact area (Limits of Disturbance, LOD) including the bridge, platform, and test boring work area covers
1.44 acres, of which 0.74 acres is within the ordinary high water mark (OHWM) of the river and 0.70 is land above
OHWM (Figure 3). Vegetation that will be affected in the LOD is limited to small scrubby trees, shrubs, and groundcover
alongside the existing access road and on the rocky islands in the river. Drilling waste from the geotechnical test borings

will be collected and disposed off -site in an upland area, and river flow will be diverted around the active drilling area.
The lake level will be lowered by several feet during construction to facilitate flow management and reduce the chance
of high rainfall events washing drilling debris or uncured grout into the river.
PROTECTED SPECIES HABITAT EVALUATION
The FWS Information, Planning, and Consultation System (IPaC) lists nine species of animals and plants listed or
proposed for listing as Endangered or Threatened under the Federal Endangered Species Act (ESA) that occur in the
general project vicinity and might be affected directly or indirectly by the project. These include three species of bats,
one reptile, one insect, three plants, and one lichen, listed in the table below. A habitat evaluation and Biological
Assessment findings for each species are discussed below.
US-FWS-IPaC Endangered and Threatened Species of Concern in the Project Vicinity, Rutherford County
Scientific name
Common name
Status
Habitat Description in Rutherford County
Myotis
Northern Long-
Winter roost in caves or mines; warm season forages in
septentrionalis
eared Bat
E
forests and open areas, roosts in trees, buildings
Winter roost in caves; warm season forages mainly over
Myotis sodalis
Indiana Bat
E
open water, roosts in trees
Perimyotis
Tricolored Bat
PE
Winter roost in caves; warm season forages mainly over
subflavus
open water, roosts in trees
Glyptemys
Bog Turtle
TSA
Bogs, fens, wet pastures, wet thickets
muhlenbergii
Dwarf-flowered
Hexastylis naniflora
T
Mature mesic forests, usually on acidic soils
Heartleaf
Isotria
Small Whorled
T
Mature mesic forests, usually with white pine
medeoloides
PogoSmall a
Sisyrinchium
White Irisette
E
Mesic forests and forest edges with high pH soils
dichotomum
Gymnoderma
Rock Gnome
High elevation rock outcrops, and rock outcrops in humid
lineare
Lichen
E
gorges
Danaus plexippus
Monarch
C
Fields, meadows, open woodland with milkweed
Butterfly
Northern Long-eared Bat (Myotis septentrionalis) -- Endangered
Indiana Bat (Myotis septentrionalis) -- Endangered
Tricolored Bat (Perimyotis subflavus) -- Proposed Endangered
These three bat species roost in colonies in caves and mines during winter. Bat hibernacula caves have relatively stable
temperatures, high humidity, and minimal air currents. In spring, the bats leave their hibernacula and migrate to their
summer foraging areas, usually with a mix of forested and open habitat, where they feed on flying insects over fields,
rivers, and other open habitats. During the warm seasons these bats roost singly or in small colonies in cavities or
crevices of live or dead trees, beneath loose bark, or in buildings. Maternity roost sites, often in hollow trees or rock
crevices, are occupied during the pup rearing season from June through July. The nearest known winter hibernaculum
cave for these bat species is approximately five miles west of Lake Lure Dam, and these bats are likely to occur near the
dam during spring to early fall when foraging over the lake and river. NC Natural Heritage Program (NHP) has no record
of these bats roosting on the Lake Lure Dam structure.

The project will require removing a few small trees on the south bank of the river alongside the hydropower access road
and on rocky islands in mid -channel and along the north bank. All of these trees are too small and/or lack the crevices,
hollows, and loose bark that these bats require. Construction noise may cause temporary disturbance bats foraging
near the dam or roosting in nearby forests, but no direct damage to suitable bat roosting habitat will occur. Based on
this analysis, the project may affect but is not likely to adversely affect the Northern long-eared bat, Indiana Bat, or
Tricolored Bat.
Bog Turtle (Glyptemys muhlenbergii) -- Threatened (Similarity of Appearance).
Bog turtles live in open -canopy wetland habitats such as bogs and fens that are permanently wet (often spring -fed)
forming a network of shallow pools and slow -flowing rivulets interspersed with patches of soft mud and dense
groundcover plants for hiding. Some of these habitats have been converted to cattle pasture and still support Bog
turtles. Slightly higher elevation patches or islands in or near the wetlands are used for egg laying. Bog turtles do not
live in flowing streams, ponds, or in frequently scoured wetlands along stream corridors, nor in forested wetlands with a
dense tree canopy.
Only the northern populations of bog turtles from Maryland to New York are federally listed as Threatened. The
southern populations from Virginia to Georgia are designated 'Threatened by Similarity of Appearance" to protect the
northern populations from illegal collecting. However, the southern populations are also protected and listed as
Threatened under North Carolina statutes.
The area affected by the project is in the river and on adjacent rocky banks. There is no suitable Bog turtle habitat in the
project vicinity, and no record of Bog turtles within two miles of Lake Lure Dam. Based on this analysis, the project is
not likely to affect Bog turtles.
Dwarf -flowered heartleaf (Hexastylis naniflora) -- Threatened
Dwarf -flowered heartleaf occurs on acidic sandy loam soils on mesic to dry-mesic slopes and bluffs, often near Mountain
laurel (Kalmia latifolia), and along wooded creek banks and wet seeps adjacent to slopes. The evergreen leaves are
rounded with a cordate base, and glossy dark green, usually variegated with white or pale green along the veins. It
blooms from March into early June, and flowers are required to distinguish it from several other Hexastylis species that
may occur in the same habitat. The flowers are smaller than others in the genus, cylindrical in shape, the calyx tube
about 10 mm long with an opening 6-8 mm wide. Calyx lobes are 3-4 mm long and spreading, not erect.
The area affected by the project is in the river and on the adjacent flood -prone rocky banks. No forest habitat suitable
for Dwarf -flowered heartleaf will be affected, and NHP has no record of Dwarf -flowered heartleaf within two miles of
Lake Lure Dam. Based on this analysis, the project is not likely to affect Dwarf -flowered heartleaf.
Small -whorled pogonia (Isotria medeoloides) -- Threatened
Small -whorled pogonia (orchid) occurs beneath canopy gaps in mixed pine and deciduous forests with moist, low -
nutrient, acidic soils and a low density of other groundcover plants in the Piedmont and mountain regions. It does not
persist under a dense forest canopy, nor among dense groundcover. Like other orchids, the tiny seeds contain minimal
food reserves and must fall on soil containing mycorrhizal fungi in order for seedlings to become established. It blooms
during May to June and seed capsules ripen in July.
The area affected by the project is in the river and on the adjacent flood -prone rocky banks. No forest habitat suitable
for Small -whorled pogonia will be affected, and NHP has no record of this orchid within two miles of Lake Lure Dam.
Based on this analysis, the project is not likely to affect Small -whorled pogonia.
White Irisette (Sisyrinchium dichotomum) -- Endangered
White irisette has grass -like linear leaves and six -petaled white flowers that bloom during May to June. It occurs in
partial sun in mesic forests and forest edges on high pH soils, often over amphibolite rock, and is endemic to a small area

in southwestern NC and adjacent SC. Nearly all of the known sites in NC are in Rutherford, Polk, and Henderson
Counties. The nearest known site is at Cane Creek Mountain approximately two miles west of Lake Lure Dam.
The area affected by the project is in the river and on the adjacent flood -prone rocky banks. No forest habitat suitable
for White irisette will be affected. Based on this analysis, the project is not likely to affect White irisette.
Rock Gnome Lichen (Gymnoderma lineare) -- Endangered
Rock gnome lichen occurs in dense colonies of narrow strap -like lobes approximately 1 mm wide and 10 to 20 mm long,
blue -gray on the upper surface and white beneath, grading to black near the base. The black fruiting bodies are borne
on the tips of these lobes, and are present from July through September. Rock gnome lichen habitat is typically on
vertical rock faces that receive occasional seepage from forest soils above following heavy rainfall. This lichen requires a
moderate amount of light, but cannot tolerate direct sun exposure. It persists in open -canopy sites on north -facing
surfaces, but on south -facing and west -facing rocks it requires at least partial canopy cover. The majority of known sites
are at high elevations (above 4500 ft) and frequently bathed in fog, but some sites are in river gorges at lower
elevations, above the flood -prone zome. The nearest known site is at Chimney Rock State Park at approximately 2400
feet elevation, four miles west of Lake Lure Dam.
The area affected by the project is in the river and on the adjacent flood -prone rocky banks. The project area is 1400
feet or more lower in elevation than any other known sites for this rare lichen. No habitat suitable for Rock gnome
lichen will be affected. Based on this analysis, the project is not likely to affect Rock gnome lichen.
Monarch Butterfly (Danaus plexippus) -- Candidate
The Monarch butterfly is a wide-ranging migratory insect that occurs in open -canopy woodlands, prairies, meadows,
agricultural lands, utility rights -of -way, and urban and suburban gardens throughout North America. Adults feed on
nectar from a wide variety of flowers, but monarch eggs and caterpillars are found exclusively on milkweeds (Asclepias
species). The caterpillars grow rapidly and pupate into a chrysalis 10 to 20 days after hatching, and adults emerge 7 to
14 days later. In fall, monarchs fly to Mexico to overwinter, and subsequent generations travel north into the US and
Canada in spring and summer.
Changes in farming and utility right-of-way maintenance practices over the past 50 years, including greater reliance on
pesticides and removal of natural meadow and scrub borders around farm fields, coupled with increased development
and alteration of the Monarch's wintering habitat in Mexico have resulted in a steady decline in populations since the
1970s. The Monarch was designated as a candidate for Endangered Species Act listing in December 2020. Candidate
species have no formal legal protection, but FWS encourages agencies and permit applicants to consider avoiding and
minimizing impacts to these species where practicable.
The area affected by the project is in the river and on the adjacent flood -prone rocky banks, which does not include
suitable habitat for milkweed plants, although goldenrod, boneset, beggars ticks, and other suitable nectar source
flowers do occur in these areas. There may be milkweed patches and other nectar source flowers elsewhere along
roadsides and powerline rights -of -way near Lake Lure Dam. Based on this analysis, the project may affect but is not
likely to adversely affect the Monarch butterfly.
CONCLUSIONS
The proposed drain gate installation and geotechnical test boring work at Lake Lure Dam may affect but is not likely to
adversely affect the Northern long-eared bat, Indiana bat, Tricolored bat, and Monarch butterfly. The project is not
likely to affect the Bog turtle, Dwarf -flowered Heartleaf, Small Whorled Pogonia, White Irisette, or Rock Gnome Lichen,
for which no apparently suitable habitat exists in the affected project area. These conclusions are based on habitat
evaluation, topography, aerial photo interpretation, and NC Natural Heritage Program records.

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2022-0060180
Project Name: Lake Lure Dam Replacement
December 08, 2022
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

12/08/2022
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

12/08/2022
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
[phone]

12/08/2022
VA
Project Summary
Project Code: 2022-0060180
Project Name: Lake Lure Dam Replacement
Project Type: Dam - Maintenance/Modification
Project Description: Replace 100+ year old Lake Lure dam with a new dam immediately
downstream. Conduct foundation test borings in river bed below dam and
repair drain gate in 2022-2023. Build replacement dam about five years
later.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.4253487,-82.18494097484137,14z
u r e
Counties: Rutherford County, North Carolina

12/08/2022 3
Endangered Species Act Species
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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
Indiana Bat Myotis sodalis Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis subflavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
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:Hecos.fws.gov/ecp/species/6962

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4
Insects
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Dwarf -flowered Heartleaf Hexastylis nani flora
Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/2458
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1890
White Irisette Sisyrinchium dichotomum
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8097
Lichens
NAME
STATUS
Rock Gnome Lichen Gymnoderma lineare
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

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USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

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Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
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 Treat. Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Chimney Swift Chaetura pelagica Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 25
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.