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HomeMy WebLinkAbout20240418 Ver 1_Brevard Pump Stations PCN package_20240312CLearWaLer An EnviroScience CompanyM C1earWater Environmental Consultants, Inc www.cwenv.com March 12, 2024 Ms. Shannon Healy Ms. Stephanie Goss 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: Brevard Pump Stations Project Nationwide Permit 58 Request Transylvania County, North Carolina Dear Ms. Healy, The attached Pre -Construction Notification (PCN) request is being submitted on behalf of the City of Brevard, NC, represented by Dean Luebbe. The applicant is seeking Nationwide Permit 58 and 401 Certification for temporary wetland and stream impacts associated with construction of a new sewer line along Gallimore Road. The project area comprises approximately 0.72 acres of parcels 8585-67-9183 and 8585-66-7960 owned by the City of Brevard, 8585-76-0653 owned by Transylvania County, and 8585-67-8032 owned by Tores Properties, LLC. The city properties contain a small park and the existing sewer pumphouse; the county and private property are undeveloped. 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. Joey Winston, NCDEQ Division of Water Resources - Asheville Office. Sincerely, Eric Ro aniszyn Senior Scientist Copy issued: NC DEQ Division of Water Resources, Asheville Office — Joey Winston NC WRC — Andrea Leslie US FWS, Asheville Office — Byron Hamstead 145 Th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary Data Entry Fields for New Actions SAW— 2023 - 2082 1. Project Name: Brevard Pump Stations 2. Work Type: Private ❑ Institutional ❑ Government ❑� Commercial ❑ 3. Project Description / Purpose: NWP 58 application for for the purposes of improving the City of Brevard's (Transylvania Co, NC) wastewater collection system. 4. Property Owner / Applicant: City of Brevard, NC /Dean Luebbe 5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company 6. Related Action ID Number(s): SAW 2023-02082 7. Project Location - Coordinates, Street Address, and/or Location Description: The project site is an undeveloped parcel on Gallimore Road, Brevard, NC 28712 (35.223451, -82.727668). 8. Project Location - Tax Parcel ID: 8585-66-7960, 8585-67-8032, 8585-76-0653, 8585-67-9183 9. Project Location —County: Transylvania 10. Project Location — Nearest Municipality or Town : Brevard 11. Project Information — Nearest Waterbody: Turkey Creek (WS-V,B and Tr); French Broad River (B) 12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105 Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 ❑ Regulatory Action Type: ❑ Standard Permit U Nationwide Permit # 58 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20210513 CLearWaLer An l nvimScience Company® Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner'managing partner of the property identified below, hereby authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and pen -nits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: City of Brevard, NC Property Owner Address: 95 W Main St, Brevard, NC 28712 Phone Number: (828)885-5600 Email address: -�� Ilct, [. 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[Click enter.] Date received: [Click to enter.] Site Coordinates: Latitude (DD.DDDDDD): 35.22312 Longitude (DD.DDDDDD):-82.727856 Form Version 4.3, 1210412023 Pre -Construction Notification (PCN) Form (Ver. 4.2, 1210412023) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk * are required. The form is not considered complete until all mandatory questions are answered. The PCN help document may be found at this link: https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1 Page 1 of 21 PCN Form Version 4.3- December 4, 2023 A. Processing Information County (counties) where project is located: Transylvania Additional (if needed). Is this an ARPA project? * ❑ Yes ❑x No If yes, ARPA project number: The project number can be found on the "Letter of Intent to Fund' (LOIF) or "Offer and Acceptance Letter". If you are unable to locate Click or tap here to enter text. your DWI ARPA Funding Project Number, please contact Corey Basinger at core y.basinger(cDncdenr.gov for further assistance. Is this a NCDMS project? * (Click yes only if NCDMS is the applicant or co- ❑ Yes ❑x No applicant) Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? * ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: * Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) 1a. Type(s) of approval sought from the Corps: * ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Has this PCN previously been submitted? * ❑ Yes ❑x No Please provide the date of the previous submission. * Click to enter a d ❑x Nationwide Permit (NWP) 1 b. What type(s) of permit(s) do you wish to seek * El Regional General Permit (RGP) authorization? ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as attachments and submitted with this form. 1c. Has the NWP or GP number been verified by the Corps? * ❑ Yes ❑x No NWP number(s) (list all numbers ): 58 RGP number(s) (list all numbers ): Click to ente Are you a federal applicant? ❑ Yes ❑x No If yes, please provide a statement concerning compliance with the Coastal Zone Management Act CiiCK IC, ,,er text. 1d. Type(s) of approval sought from DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification Is this a courtesy copy notification ❑ Yes ❑x No Page 2 of 21 PCN Form Version 4.3- December 4, 2023 1e. Is this notification solely for the record because written approval is not required? * For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? * ❑ Yes ❑x No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? * ❑ Yes ❑x No 1i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? * ® Yes ❑ No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 3 of 21 PCN Form Version 4.3- December 4, 2023 B. Applicant Information 1a. Who is the primary contact? Dean Luebbe / City of Brevard 1b. Primary Contact Email: dean.luebbe@cityofbrevard.com 1c. Primary Contact Phone: * (###)###-#### 828-885-5600 1 d. Who is applying for the permit/certification? * (check all that apply) ® Owner ❑x Applicant (other than owner) 1 e. Is there an agent/consultant for this project?* ® Yes ❑ No 2. Landowner Information Four properties: 1. City of Brevard 2a. Name(s) on Recorded Deed: * 2. Transylvania County 3. Torres Properties, LLC 4. City of Brevard 2b. Deed Book and Page No.: 1. Not available; 2. 932 and 510; 3. 670 and 157; 4. 547 and 165 2c. Contact Person (for corporations): Not applicable 2d. Address Street Address: 1. 95 W. Main St, 2. 350 Greenville Hwy, 3. Gallimore Road (no address number), 4. 95 W. Main St, Address line 2: Click to enter. City: Brevard State/ Province/ Region: NC Postal/ Zip Code: 28712 Country: United States of America 2e. Telephone Number: * (###)###-#### 1. 828-885-5600, 2. 828-884-3100, 3. Not available, 4. 828-885-5600 2f. Fax Number: (###)###-#### 1. dean.luebbe@cityofbrevard.com, 2. 2g. Email Address: * jaime.laughter@transylvaniacounty.org, 3. Not available, 4. dean.Iuebbe@cityofbrevard.com 3. Applicant Information (if different from owner) 3a. Name: * City of Brevard 3b. Business Name (if applicable): 3c. Address: * Street Address: 95 W. Main St Address line 2: City: Brevard State/ Province/ Region: NC Page 4 of 21 PCN Form Version 4.3- December 4, 2023 Postal/ Zip Code: 28712 Country USA 3d. Telephone Number: * (###)###-#### 828-885-5600 3e Fax Number: (###)###-#### Click to enter. 3f. Email Address: * dean.luebbe@cityofbrevard.com 4. Agent/ Consultant (if applicable) 4a. Name: * Eric Romaniszyn 4b. Business Name: ClearWater Environmental Consultants 4c. Address: * Street Address: 145 7th Ave West, Suite B Address line 2: Click to enter City: Hendersonville State/ Province/ Region: NC Postal/ Zip Code: 28792 Country: United States of America 4d. Telephone Number: * (###)###-#### 828-698-9800 4e Fax Number: (###)###-#### Click to enter 4f. Email Address: * eromaniszyn@enviroscienceinc.com Agent Authorization Letter:* Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw.usace.army.miI/Missions/RequIatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 5 of 21 PCN Form Version 4.3- December 4, 2023 C. Project Information and Prior Project History 1. Project Information 1a. Name of project: * Brevard Pump Stations 1 b. Subdivision name (if appropriate): Click to enter 1c. Nearest municipality/town: * City of Brevard 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 1. 8585-67-9183, 2. 8585-76-0653, 3. 8585-67-8032, 4. 8585-66-7960 2b. Property size (in acres): 1. 0.23, 2. 28.81, 3. 1.011, 4. 0.18 2c. Project Address: Street Address: 1. 273 Gallimore Road, 2. 350 Greenville Hwy, 3. Gallimore Road (no address number), 4. 325 Gallimore Road Address line 2: Click to enter. City: Brevard State/ Province/ Region: NC Postal/ Zip Code: 28712 Country: United States of America 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): * Latitude (DD.DDDDDD): * 35.22312 Longitude (-DD.DDDDDD): *--82.727856 3. Surface Waters 3a. Name of nearest body of water to proposed project: * French Broad River 3b. Water Resources Classification of nearest receiving B water: * The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.htmI?id=6e125ad7628f494694e259c8Odd64265 French Broad 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 060101050203 located:* The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.htmI?appid=ad3a85aOc6d644aOb97cd069db238ac3 Page 6 of 21 PCN Form Version 4.3- December 4, 2023 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: * The project area where stream and wetland impacts will occur includes three adjacent properties: a 0.23-acre site owned by the City of Brevard that is maintained as mowed grass and contains the existing sewer system pumphouse (8585-67-9183), a 28.81-acre site owned by Transylvania County that is maintained as a mowed field (8585-76-0653), and a 1.011 acre site owned by Tores Properties, LLC that is maintained as a mowed field (8585-67-8032) and has the existing sewer line, which parallels Gallimore Road. A stream is located on the border between the City of Brevard and Tores Properties sites; trees and shrubs are present along the top of the stream bank, though the buffer is narrow and vegetation is more prevalent on the county property. Other surrounding land uses are residential (private homes and apartment complexes) in all directions, a city park and medical facility to the south, and extensive mowed fields to the east, which may be used for agricultural purposes but this could not be determined during the site visits. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? * If yes, please give the DWR Certification number and/or Corps [Click to enter.] Action ID (ex. SAW-0000-00000): JClick to enter.] Attach any pertinent project history documentation 4b2. Is any portion of the work already complete? * ❑ Yes ❑x No If yes, describe the completed work. Click to enter text. 4c. List of other certifications or approvals/denials received from other federal, state or local agencies for work described in this application not related to the 404 or 401. r1irk to antar tav' 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 0.196 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 220 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the Click to enter. property: 4h. Explain the purpose of the proposed project: To upgrade a wastewater pump delivery system and install a new section of sewer line Page 7 of 21 PCN Form Version 4.3- December 4, 2023 4i. Describe the overall project in detail, including the type of equipment to be used: * The purpose of this City of Brevard project is to construct a new wastewater pump delivery system and install a new section of sewer line (see Figure 5). The new pump system will be constructed near the existing pumphouse on an adjacent property with a gravel access road; the existing structure will be abandoned. The sewer line will be approximately 585 If and consist of a mix of gravity and forced main lines; the existing sewer line adjacent to Gallimore Road will also be abandoned. The limit of disturbance will be approximately 0.75 acres. It will include the length of sewer line in a 40-foot wide corridor; this area will be protected in a utility easement by the city. An additional 50-foot temporary construction corridor will be used at the new pump station location, which is the city park bordering the project area to the south (0.18 acres, 8585-66-7960); this area is upland habitat. Approximately 70 linear feet (0.067 acres) of the sewer line will be installed through a wetland (temporary impact). Soil material will be removed only for the time needed to install the sewer line, after which the trench will be backfilled with the removed material, sloped to the original contour, and revegetated with wetland seed mix. There will also be a four -foot wide stream crossing that covers an area of 0.004 acres. These impacts will be temporary. The stream crossing will be installed under the stream bed via open cut using a pump around system and "in -the -dry". After installation, stream banks and disturbed vegetation will be restored using natural restoration design techniques (see Figure 5). Typical construction equipment will be used on site including bulldozers, excavators, and dump trucks. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area. Click to enter text. Page 8 of 21 PCN Form Version 4.3- December 4, 2023 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: Click to enter text. 5b. If the Corps made a jurisdictional determination, ❑x Preliminary ❑ Approved ❑ Emailed concurrence what type of determination was made? * ❑ Not Verified ❑ Unknown ❑ n/a Corps AID number (ex. SAW-0000-00000): SAW-2023-02082 Name (if known): 5c. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: ClearWater Environmental areas? Consultants Other: Click to enter 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. February 13, 2024 5d1. Attach jurisdictional determinations. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. 1;lick to enter. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. None 7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be entered here, please attach a supplemental list) Maria E. Keller, PIN 8585-77-1300, 185 Gallimore Road 8. Scheduling of activity: This project will begin as soon as permits are received. Page 9 of 21 PCN Form Version 4.3- December 4, 2023 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands ❑x Streams - tributaries la. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters (check all that apply): ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. Site # 2a1. Impact Reason/Type* 2b. Impact Duration* 2c. Wetland Type* 2d. Wetland Name* 2e. Forested ?� 2f. Jurisdiction Type* 2g. Impact Area (ac)* W1 Excavation Temporary Bottomland Hardwood Forest W1 No Both 0.067 W2 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W3 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W4 Choose one -emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W5 Choose one -emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W6 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W7 Choose orr Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W8 Choose onL Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W9 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W10 Choose one -emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W11 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W12 Choose one emp/ Perm Choose one Click to enter Y/N Choose one Click to enter W13 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W14 Choose one Temp/ Perm Choose one Click to enter Y/N Choose one Click to enter W15 Choose one Temp/ Perm Choose one Click to enter �"^' Choose one Click to enter 2g1. Total temporary wetland impacts 0.067 ac 2g2. Total permanent wetland impacts 0 ac 2g3. Total wetland impacts 0.067 ac 2h. Type(s) of material being discharged and the amount of each type in cubic yards: Click to enter ter 2i. Comments: Only temporary impacts will occur, material will be removed and stored on site only for the time needed to install the sewer line, after which the trench will be backfilled with the removed material, slope returned to the original contour, and revegetated with wetland seed mix. Page 10 of 21 PCN Form Version 4.3- December 4, 2023 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site #* 3a Impact Reason* 3b. Impact Duration* 3c. Impact Type* 3d. Stream Name* 3e. Stream Type* 3f. Jurisdiction Type* 3g. Stream Width (avg ft) * 3h. Impact length (linear ft) S1 Sewer line crossing Temporary Excavation Unnamed tributary Perennial Both 4 44 S2 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S3 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S4 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S5 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S6 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S7 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S8 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S9 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S10 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S11 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S12 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S13 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S14 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S15 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S16 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S17 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S18 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S19 Click to enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter S20 Click t,) enter Temp/ Perm Choose one Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 32. Total permanent stream impacts: 0 linear ft M. Total temporary stream impacts: 44 linear ft 34. Total stream and ditch impacts: 44 linear ft 3j. Comments: 0.004 acres of temporary stream impact, construction details for temporary impacts are in Figure 5. Page 11 of 21 PCN Form Version 4.3- December 4, 2023 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., individually list all open water impacts in the table below. 4a. Site #* 4a1. Impact Reason 4b. Impact Duration* 4c. Waterbody Name* 4d. Activity Type* 4e. Waterbody Type* 4f. Impact area (ac)* 01 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 02 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 03 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 04 Click to enter. Temp/ Perm Click to enter. Choose one Choose one Click to enter. 05 Click to enter Temn/ Perm Click to enter. Choose one Choose one Click to enter. 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Click to enter. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include offline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. Click to Click to Click to Click to Click to Click to Click to P3 Choose one enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Click 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 12 of 21 PCN Form Version 4.3- December 4, 2023 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? * (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: ;lick to enter Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) 131 Choose one Temp/ Perm Click to enter. iN Click to enter Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 1311 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B12 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B13 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B14 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B15 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B16 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B17 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B18 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B19 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B20 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: Click to enter. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 13 of 21 PCN Form Version 4.3- December 4, 2023 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: Due to site constraints, the small size of the parcel, and the location of the stream and wetland areas within the planned construction area, impacts to the stream and wetland areas are unavoidable. The project design avoids permanent impacts to 0.129 acres of wetland (66% of wetland area on site) and 176 linear feet of stream (80% of stream length on site) within the project area. The temporary wetland and stream impacts are the minimum necessary for the sewer line installation. 1b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: Appropriate erosion and sediment control measures will be implemented to avoid unintended impacts to waters on and adjacent to the site. All equipment will be operated from high ground where possible. A pump -around system will be used to install the sewer line crossing in the dry under the stream bed via open cut (temporary impact). After installation, stream banks and disturbed vegetation will be restored using natural restoration design techniques (see Figure 5.0). 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? * (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity ;lick to enter. Type: Choose one Quantity ;lick to enter. Type: Choose one Quantity ;lick to enter. Attach receipt and/or approval letter. 3c. Comments: Click to enter. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.miI/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O Page 14 of 21 PCN Form Version 4.3- December 4, 2023 4d. Buffer mitigation requested (DWR only): Click to enter, square feet 4e. Riparian wetland mitigation requested: Click to enter acres 4f. Non -riparian wetland mitigation requested: Click to enter acres 4g. Coastal (tidal) wetland mitigation requested: Click to enter acres 4h. Comments: Click to enter. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including mitigation credits generated. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? ❑ Yes ❑x No If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 Click to enter. Click to enter. Choose one Click to enter. Zone 2 Click to enter. Click to enter. Choose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or NC Division of Mitigation Services proposed? ❑ Yes ❑ No 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Click to enter. Page 15 of 21 PCN Form Version 4.3- December 4, 2023 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse/dispersed flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energy-mineral-land-resources/energy-mineral-land-Permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑ Other SCM that removes minimum 30% nitrogen ❑x Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here. Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? * ❑ Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? * ❑x Yes El No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. Does this project have a stormwater management plan (SMP) ElYes ElNo reviewed and approved under a state stormwater program or state - approved local government stormwater program? * ❑x n/a — project disturbs < 1 acre Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2d. Which of the following stormwater management program(s) apply? ❑ Local Government (Check all that apply.)* ❑ State If you have local government approval, please include the SMP on their overall impact map. Local Government Stormwater Programs * ❑ Phase II ❑ USMP ❑ NSW ❑ Water Supply Page 16 of 21 PCN Form Version 4.3- December 4, 2023 Please identify which local government stormwater program you are using. CIICK to enter. State Stormwater Programs ❑ Phase II ❑ HQW or ORW ❑ Coastal Counties ❑ Other Comments: Click to enter. Page 17 of 21 PCN Form Version 4.3- December 4, 2023 G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) ® Yes ❑ No funds or the 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 (North Carolina) Environmental El Yes ❑x No Policy Act (NEPA/SEPA)? * 1c. 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: 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), Federally Non -Jurisdictional Wetlands /Classified Surface Waters ❑ Yes ❑x No (15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? * 3b. If you answered "no", provide a short narrative description: While new wastewater treatment systems can increase development, this project only involves the replacement of an old pump system and sewer line, it does not increase the system's capacity. 3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR policy. (Attach .pdf) 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? * I ❑ Yes ❑x No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Page 18 of 21 PCN Form Version 4.3- December 4, 2023 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.ciov/ipac/ ffws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? * 5c. If yes, indicate the USFWS Field Office you have contacted. Choose one 5d. Is another federal agency involved? * ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 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 ❑x No 5g1. If yes, have you inspected the bridge for signs of bat use such as staining, guano, bats, etc.? Representative photos of signs of bat use ❑ Yes ❑ No can be found in the NLEB SLOPES, Appendix F, pages 3-7. Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf If you answered yes to 5g1, did you discover any signs of bat use? * ❑ Yes ❑ No ❑ Unknown If yes, please show the location of the bridge on the permit drawings/ project plans 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf) 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdf) 5j. 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 B for additional comments and data sources. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? * ❑ Yes ❑x No Is there submerged aquatic vegetation (SAV) around the project vicinity? * El Yes ❑x No El Unknown Page 19 of 21 PCN Form Version 4.3- December 4, 2023 Will this project affect submerged aquatic vegetation? * I ❑ Yes ❑x No ❑ Unknown I Explain: Click to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed February 19, 2024 at https://www.habitat.noaa.gov/apps/efhmapper/. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): http://gis. ncdcr.-gov/hpoweb/ 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or ® Yes ❑ No properties significant in North Carolina history and archaeology)? 7b. What data source(s) 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. 7c. Attach historic or prehistoric documentation: The East Main Street Historic District (status: NR, site ID: TV0566) is within 0.5 miles from the project site and includes several properties on the National Register of Historic Places, including the Max and Claire Brombacher House (status: NR, site ID: TV0339), Galloway -Radford House (status: NR, site ID: TV0338), Royal and Louise Morrow House (status: NR, site ID: TV0336), Paxton -Kizer House (status: NR, site ID: TV0333), Silvermont (status: NR, site ID: TV0006), Rev. C. D. Chapman House (status: NR, site ID: TV0310), St. Philip's Episcopal Church (status: NR, site ID: TV0300), William Breese Jr. House (status: NR, site ID: TV0007), and Charles E. Orr House (status: NR, site ID: TV0299). The Main Street Historic District (status: NR, site ID TV0515) is within 0.75 miles of the project site and includes two properties on the National Register, the McMinn Building (status: NR, site ID TV0507) and the Transylvania County Courthouse (status: NR, site ID TV0005). Other historic properties within 0.75 miles are the Godfrey -Barnette House (status: NR, site ID: TV0656), William H. Grogan House (status: NR, site ID: TV0189), Sunset Motel (status: DOE, site ID: TV0656), John Duckworth House (status: DOE, site ID: TV0342), and Miller -Duckett US Army Reserve Center (status: DOE, site ID TV0599). Because impacts will be temporary and limited to a small corridor for installation of the sewer line, no properties are expected to be affected by this project or are within the project's viewshed. Data were gathered from NCHPO's HPOWEB 2.0 for General Audience; accessed 02/27/2024. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. The sewer lines will be buried and the soil restored and revegetated after construction. 8c. What source(s) did you use to make the floodplain determination? FEMA Map numbers 3700859799J & 3700858500JJ, effective date October 2, 2009 (see Figure 6). Page 20 of 21 PCN Form Version 4.3- December 4, 2023 H. Miscellaneous Comments: Click to enter Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • 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; • The project proponent hereby agrees 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"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: * Eric Romaniszyn Signature: * Eric Romaniszyn Date: * 3/6/2024 Page 21 of 21 PCN Form Version 4.3- December 4, 2023 :le Rd ills x o'c c5 Ae old Neo SO N N O LL Loehencove ro'3 Ridge V aLN C J Deerwoods Estates 2 A �a Brevard College �a P � Qa 276 Project Boundary Brevard Pump Stations 0 500 1,000 2,000 US Feet N Vicinity Map Gallimore Road Site I I I I I n C�earWater Figure 1 (+/_ 1.37 Ac) N Transylvania County, NC. 0 205 410 820 Meters An Enviroscience company Q- I NAn iqm?nii gt—Pl— N-h C.-Iina FIPS i?nn Ft IIS PIS `G Su .L •i ••� •i •.�l/ •. _ ��I 6ia...._ �� _/ M1 railer �GWf ca r�se�•�� Iy i s.. ► '' f 71 Ndi_ .r .� "4.le4raed � •d�i . �.. tV s � � • � ICON 1� • : Ro wa `• � '•. ••� •, �« ; ��- +:hcm+c>i�gisa _ `� � Sp�+ `� � ��/% • : � V fir;, .. � � ,�ce,�. �.. ,� , BR EVAR • �L� Inn elirk V. �+ r 195 " (o a '� i��� �._._• �r• D i\ • C. •; > `y . •,;,-•"'� . �. --• � _—_,�J+t�.�° .�, 'J 'J� Project Boundary - - ��l 1, ,�' , .� ..�,� ��� � `� �* -^'.,, . � _o � • . 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Attachment A Jurisdictional Determination _ DEPARTMENT OF THE ARMY y„tf U.S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT ASHEVILLE FIELD OFFICE ` 151 PATTON AVENUE ROOM 208 ASHEVILLE NORTH CAROLINA 28801-5006 February 13, 2024 Regulatory Program/Division Dean Luebbe City of Brevard 95 West Main Street Brevard, North Carolina 28712 SUBJECT: (Updated) Preliminary Jurisdictional Determination for File No. SAW- 2023-02082-Brevard Pump Stations Dear Mr. Luebbe: This letter is in response to your request to the Wilmington District, Asheville Field Office for an updated preliminary jurisdictional determination (PJD). The project review area is located at a physical address of 0 Gallimore Road in Brevard, Transylvania County, North Carolina. The Transylvania County Assessor's Office lists this property as PIN# 8585-67-8032. Size (acres): 1.37 acres Nearest Waterway: French Broad River River Basin: Upper French Broad (HUC8: 06010105) USGS HUC12: 060101050203 Coordinates: 35.22317,-82.72810 This project has been assigned the file number SAW-2023-02082 (Brevard Pump Stations). This file number should be referenced in all correspondence concerning this project. Based on our review of the updated site information you furnished on February 12, 2024, a site inspection conducted on November 15, 2023, and other information available to our office, we have preliminarily determined the above -referenced area may contain waters of the United States under the U.S. Army Corps of Engineers (Corps) regulatory jurisdiction. These waters are identified in the enclosed site maps and the Corps PJD ENG-FORM 6249. This determination was made in accordance with the Corps regulatory authority pursuant to Section 404 of the Clean Water Act, and based upon criteria contained in the 1987 Corps of Engineers Wetland Delineation Manual and the Eastern Mountains and Piedmont regional supplement. Section 404 of the Clean Water Act requires a Department of the Army (DA) permit be obtained prior to the discharge of dredged or fill material into waters of the -2- United States, including wetlands. Section 10 of the Rivers and Harbors Act of 1899 requires a DA permit be obtained for any work in, on, over or under navigable waters of the United States. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made based on a preliminary jurisdictional determination will treat all waters including wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved jurisdictional determination, which is an appealable action, by contacting the Corps district for further instructions. Please sign and return the attached PJD form within 30 days of receipt. If a signed PJD form is not received within 30 days of the date of this letter, the Corps will presume concurrence. This determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the review area identified in this request. The determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. You are cautioned that work performed in areas which may be waters of the United States, as indicated in the preliminary JD, without a Department of the Army permit could subject you to enforcement action. If you have any questions concerning this correspondence, please contact Brooke Davis, Regulatory Project Manager of the Asheville Field Office at (828)271- 7980 ext. 4232, by mail at the above address, or by email at brooke.a.davis@usace.army. m iI. Please take a moment to complete our customer satisfaction survey located at https://regulatory.ops.usace.army. mil/customer-service-survey/. Sincerely, Brooke Davis Regulatory Project Manager Enclosures cc: Eric Romaniszyn, Enviroscience, Inc. (via eromaniszyn@enviroscienceinc.com) Author: MKB Date: 02/92024 Project #: 18081 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Dean Luebbe, City of Brevard File Number: SAW-2023-02082 Date: 2/13/2024 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL WITHOUT PREJUDICE C ❑ PERMIT DENIAL WITH PREJUDICE D ❑ APPROVED JURISDICTIONAL DETERMINATION E ❑x PRELIMINARY JURISDICTIONAL DETERMINATION F SECTION I The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at https://www.usace.army.miI/Missions/Civil-Works/Regulatory- Program-and-Permits/appeals/ or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. -3- C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable You received a permit denial without prejudice because a required Federal, state, and/or local authorization and/or certification has been denied for activities which also require a Department of the Army permit before final action has been taken on the Army permit application. The permit denial without prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or local agency on a previously denied authorization and/or certification. D: PERMIT DENIAL WITH PREJUDICE: You may appeal the permit denial You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information for reconsideration • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice means that you accept the approved JD in its entirety and waive all rights to appeal the approved JD. APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. RECONSIDERATION: You may request that the district engineer reconsider the approved JD by submitting new information or data to the district engineer within 60 days of the date of this notice. The district will determine whether the information submitted qualifies as new information or data that justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal process. You may submit a request for appeal to the division engineer to preserve your appeal rights while the district is determining whether the submitted information qualifies for a reconsideration. F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. in POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision you If you have questions regarding the appeal process, or may contact: to submit your request for appeal, you may contact: Brooke Davis Krista Sabin Regulatory Project Manager Regulatory Administrative Appeal Review Officer U.S. Army Corps of Engineers U.S. Army Corps of Engineers Wilmington District South Atlantic 151 Patton Avenue Room 208 60 Forsyth Street, Room M9 Asheville, North Carolina 28801-5006 Atlanta, Georgia 30303-8801 Phone: 828-281-7980 ext. 4232 Phone: 904-314-9631 Email: brooke.a.davis@usace.army.mil Email: Krista.D.Sabin@usace.army.mil SECTION II — REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. Use additional pages as necessary. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. -5- RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day notice of any site investigation and will have the opportunity to participate in all site investigations. Date: Signature of appellant or agent. Email address of appellant and/or agent: Telephone number: in Attachment B Threatened and Endangered Species Report Brevard Pump Stations Project Approximately 3.72 acres Transylvania County, NC Preliminary Threatened and Endangered Species Review and Habitat Assessment Prepared For CDM Smith 1441 Main St Ste 1000 Columbia, SC 29201 Prepared By CLearWaLer An EnviroScience Company a 145 7t" Avenue W Suite B Hendersonville, NC 28792 February 21, 2024 Table of Contents 1.0 INTRODUCTION...................................................................................................2 2.0 METHODOLOGY..................................................................................................2 3.0 HABITAT CLASSIFICATION.................................................................................3 3.1 Stream...............................................................................................................................3 3.2 Riparian Buffer.................................................................................................................. 3 3.3 Wetland............................................................................................................................. 4 3.4 Maintained Lawn / Mowed Field....................................................................................... 4 3.5 Soils...................................................................................................................................4 4.0 PROTECTED SPECIES........................................................................................4 4.1 Appalachian Elktoe........................................................................................................... 4 4.2 Bald Eagle......................................................................................................................... 5 4.3 Bog Turtle.......................................................................................................................... 6 4.4 Gray Bat............................................................................................................................ 6 4.5 Longsolid........................................................................................................................... 7 4.6 Mountain Sweet Pitcher Plant........................................................................................... 7 4.7 Northern Long -Eared Bat.................................................................................................. 8 4.8 Rock Gnome Lichen.......................................................................................................... 9 4.9 Small Whorled Pogonia..................................................................................................... 9 4.10 Swamp Pink...................................................................................................................... 9 4.11 Tricolored Bat.................................................................................................................. 10 4.12 Virginia Spiraea............................................................................................................... 11 5.0 CONCLUSION AND RECOMMENDATIONS.......................................................11 List of Tables Table 1. US Fish and Wildlife Service IPaC - Official Species List. Table 2. USDA Soil Units occurring within the project boundaries. List of Figures Figure 1. Site Vicinity Map Figure 2. USGS Topographic Map Figure 3a. Fish Camp NCCGIA Aerial Imagery Map Figure 3b. Gallimore Road NCCGIA Aerial Imagery Map Figure 4a. Fish Camp Habitat Map Figure 4b. Gallimore Road Habitat Map Figure 5a. Fish Camp NRCS Soils Map Figure 5b. Gallimore Road NRCS Soils Map Appendices Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC Natural Heritage Program Data Appendix B: Photolog 1.0 INTRODUCTION The following report includes methods used and results for a threatened and endangered species survey and habitat assessment on the proposed 3.72-acre project known as Brevard Pump Stations. The project area occupies two tracts in Transylvania County, NC (Figures 1 and 2); the northern tract known as the Fish Camp site is located south of Deavor Rd (+/- 2.35-acres, Figure 3a) in Pisgah Forest and the southern tract known as the Gallimore Road site is located east of Gallimore Rd (+/-1.37-acres, Figure 3b) in Brevard. The Fish Camp site is in an urbanized area and has extensive impervious surfaces surrounded by commercial and residential properties. The Gallimore Road site is primarily surrounded by residential and agricultural (farm fields) land uses with some commercial properties. The sites are at approximately the same elevation, ranging from 2,114 feet above sea level to 2,120 feet. The survey was conducted to determine the occurrence of or potential for existence of federally listed threatened and/or endangered animal and plant species, in addition to the bald eagle, on the project site. The survey was directed by and complies with 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 survey and habitat assessment was conducted on October 4 and December 15, 2023, by ClearWater Environmental Consultants, an EnviroScience Company (ClearWater). An official species list was obtained through the U.S. Fish and Wildlife Service (FWS) Information and Planning and Consultation (IPaC) on January 29, 2024. The list provides data concerning the presence or potential occurrence of threatened or endangered species in the project boundaries. The FWS lists ten federally protected species, in addition to the bald eagle and bog turtle (threatened due to similar appearance), as occurring or potentially occurring in the project boundaries (Table 1, Appendix A). Table 1. FWS IPaC list of species potentially occurring within the project boundaries. Common Name Scientific Name Status Appalachian elktoe Alasmidonta raveneliana Endangered Bald eagle Haliateetus leucocephalus BGPA' Bog turtle Clemmys muhlenbergii Threatened2 Gray bat Myotis grisescens Endangered Longsolid Fusconaia subrotunda Threatened Mountain sweet pitcher plant Sarracenia rubra ssp. jonesii Endangered Northern long-eared bat Myotis septentrionalis Endangered Rock gnome lichen Gymnoderma lineare Endangered Small whorled pogonia Isotria medeoloides Threatened Swamp pink Helonias bullata Threatened Tricolored bat Perimyotis subflavus Proposed Endangered Virginia spiraea Spiraea virginiana Threatened Protected by the Bald and Golden Eagle Protection Act. 2 Threatened due to similar appearance; not subject to Section 7 consultation. 3 Proposed endangered by USFWS on September 13, 2022. Clearwater Environmental Consultants, an EnviroScience Company Page 2 Project #18081 Brevard Pump Stations A database search from the NC Natural Heritage Program (NHP) was also performed on January 29, 2024, which provided data concerning the presence or potential occurrences of federal and state listed species within or near the project sites. The NHP database indicates two element occurrences within a one -mile radius of the project boundaries (Appendix A), the bog turtle at both sites and the Appalachian elktoe at the Fish Camp site. The elktoe was reported April 7, 2022 in the French Broad River, which is less than half a mile downstream from the project area. During pedestrian field surveys conducted by ClearWater biologists, site habitats were identified and compared with recognized habitats for the IPaC species potentially occurring on or near the sites. 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 site visits on October 4 and December 15, 2023, ClearWater biologists identified the following habitats: stream, riparian buffer, wetland, maintained lawn, and mowed field (Figures 4a and 4b). Descriptions of each habitat type are found below with representative photographs included in Appendix B. 3.1 Stream The Fish Camp site has one stream within the project boundary, Turkey Creek (Class B, Tr), which is a tributary to the Davidson River. Turkey Creek is shallow and averages eight feet wide with primarily large cobble, gravel, and sandy substrates. The Gallimore Road site has one unnamed tributary (Class B) to the French Broad River that is shallow and averages four feet wide with small cobble and sandy substrate. 3.2 Riparian Buffer The riparian buffer at the Fish Camp site is primarily mowed grass with few trees and shrubs. The buffer at the Gallimore Road site is a narrow strip of shrubs and small trees adjacent to mowed grass on the north side of the stream and mowed field to the south. Canopy vegetation was similar between sites, though it was denser at the Gallimore Road site. Species include red maple (Acer rubrum), black cherry (Prunus serotina), Chinese privet (Ligustrum sinense), velvet willow (Salix sessilifolia), black walnut (Julgans nigra), and water oak (Quercus nigra). Shrub species observed include eastern redbud (Cercis canadensis), tulip poplar (Liriodendron tulipifera), red maple, sycamore (Platanus occidentalis), tag alder (Alnus serrulata), and Bradford pear (Pyrus calleryana). Herbaceous species observed include jewelweed (Impatiens capensis), hog - peanut (Amphicarpaea bracteata), purple aster (Symphyotrichum), bugleweed (Ajuga reptans), American burnweed (Erechtites hieraciifolius), golden ragwort (Packers aurea), dandelion (Taraxacum officinale), curly doc (Rumex crispus), blackberry (Rubus sp.), narrowleaf plantain (Plantago lanceolata), smartweed (Persicaria sp.), sallow sedge (Carex lurida), and tearthumb (Persicaria sagittata). Clearwater Environmental Consultants, an EnviroScience Company Page 3 Project #18081 Brevard Pump Stations 3.3 Wetland The wetland habitat was only observed at the Gallimore Road site on the eastern boundary. The wetland appears to have developed from standing water in the field and a high-water table. The vegetation was cut short from landscaping and only herbaceous species were observed, including woolgrass (Scirpus cyperinus), soft rush (Juncus effusus), multiflora rose (Rosa multif/ora), ironweed (Vernonia glauca), golden ragwort, and tearthumb. 3.4 Maintained Lawn / Mowed Field The maintained lawn habitat was found at the Fish Camp site and the mowed field at the Gallimore Road site. Species observed in these habitats were similar between sites due to their location and routine mowing. Trees observed within the maintained lawn habitat include white pine (Pinus strobus) and red maple. Herbaceous species observed at both sites include goldenrod, white clover (Trifolium repens), tall fescue (Lolium arundinaceum), Bermuda grass (Cynodon dactylon), narrowleaf plantain, black eyed Susan (Rudbeckia fulgida), Indian hemp (Apocynum cannabinum), and dandelion. 3.5 Soils Soils mapped by the Natural Resources Conservation Service Transylvania County Soil Survey are listed in Table 2 and shown in Figures 5a and 5b (NRCS 2023). Table 2. USDA Soil Units occurring within the project boundaries. Map Unit Site Symbol Map Unit Name Rosman fine sandy loam, 0 to 2 percent slopes, frequently Fish Camp Ro flooded northern tract only) Gallimore Augusta fine sandy loam, cool variant, 1 to 4 percent slopes, Road Aua rarely flooded southern tract only) 4.0 PROTECTED SPECIES The following section provides brief descriptions of each listed species included in the survey, its recognized habitat, and comments regarding survey results. 4.1 Appalachian Elktoe Federally listed as endangered, the Appalachian elktoe (Alismidonta raveniliana) has a thin but not fragile, kidney -shape shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide (Clarke 1981). Juveniles generally have a yellowish -brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish -black in color. Clearwater Environmental Consultants, an EnviroScience Company Page 4 Project #18081 Brevard Pump Stations 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, NC, and Fontana Reservoir in Swain County, NC. The second population occurs in the Nolichucky River system of NC and TN. The 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). Based on stream conditions noted and observed during the site evaluations, it is ClearWater's opinion that no Appalachian elktoe are likely to occur at either project site, and that the proposed projects would not likely interfere with, nor influence potential downstream populations with implementation of the appropriate erosion and sediment control measures. 4.2 Bald Eagle Bald eagles (Haliaeetus leucocephalus) were removed from the endangered species list in August 2007 because their populations recovered sufficiently. Bald and Golden eagles are still protected under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Act (Eagle Act). Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as ten pounds and have a wingspan of 6 feet. Sometimes confused with golden eagles, bald eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Based on a desktop review using 2023 aerial imagery, the French Broad River is within approximately 0.5 miles from the Gallimore Road site and is a potentially suitable feeding location for bald eagles. Bald eagles typically nest within one mile of suitable feeding sources. However, potentially suitable habitat for bald eagles was not found at either site and no bald eagle nests were observed during the site visit. Therefore, it is the opinion of ClearWater that the proposed project is not likely to affect bald eagles. Clearwater Environmental Consultants, an EnviroScience Company Page 5 Project #18081 Brevard Pump Stations 4.3 Bog Turtle The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world. Adult carapace ,t length is 3.1 to 4.5 inches (7.9 to 11.4 cm). 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 .,.+r usually prominent in juvenile and young adult specimens, but the carapace may be nearly smooth in old adults. The head, neck, and limbs are typically dark brown with variable reddish to yellow spots and streaks. 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 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 the bog turtle was not found at either site. The wetlands lack deep organic soils and the northern population of bog turtle does not occur in North Carolina. It is the opinion of ClearWater that the proposed project would have no effect on this species. 4.4 Gray Bat The gray bat (Myotis grisescens) is the largest member of its genus in the eastern United States. Its forearm measures 40 to 46 mm, and it weighs from 7 to 16 grams. It is easily distinguished from 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. Clearwater Environmental Consultants, an EnviroScience Company Page 6 Project #18081 Brevard Pump Stations Gray bats predominately 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 were observed within the project areas. Therefore, it is the opinion of ClearWater that this project not likely to affect this species. 4.5 Longsolid The Longsolid (Fusconaia subrotunda) is a medium-sized, thick -shelled mussel. The shell is oval or elliptical, becoming more elongate with age and moderately inflated, though there is variability in the inflation depending on population and location. The beaks are low and directed forward. The shell is smooth, and the periostracum is light brown, becoming darker brown or black in adults. Fine broken green rays are present on the umbo. The pseudocardinal teeth developed, and the lateral teeth are large and straight. Th compressed, and deep. The nacre is white, iridescent posteriorly. e are large and well beak cavity is wide, The Longsolid occurs in small to large rivers in substrates ranging from sand and gravel to coarse gravel and cobble. The species has been associated with slower, deeper microhabitats, suggesting it has a greater tolerance for pool and run habitats. The Longsolid was historically known from 162 populations in the Great Lakes, Ohio River, Cumberland River, and Tennessee River basins in Alabama, Georgia, Illinois, Indiana, Kentucky, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. However, many populations have since been extirpated, and the Longsolid is currently only known from 60 populations in Alabama, Kentucky, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia. The species is considered extirpated from Georgia, Illinois, and Indiana; and the entire Great Lakes basin. Based on stream conditions noted and observed during the site evaluations, it is ClearWater's opinion that longsolid is not likely to occur at either project site, and that the proposed projects would likely not interfere with, nor influence potential downstream populations with implementation of the appropriate erosion and sediment control measures. 4.6 Mountain Sweet Pitcher Plant Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling flowers The hollow leaves contain liquid and enzymes. When insects fall into the Clearwater Environmental Consultants, an EnviroScience Company Page 7 Project #18081 Brevard Pump Stations pitchers, they are digested, and the nutrients are incorporated into the plant's tissues. The evolutionary role of carnivory in such plants is not fully understood, but some evidence indicates that absorption of minerals from insect prey may allow carnivorous species to compete in nutrient -poor habitats. The unusual red flowers (yellow in rare cases) appear from April to June, with fruits ripening in August. Flowering plants reach heights of 29 inches. Very little specific information is available on the biology of the mountain sweet pitcher plant. Like other pitcher plants, it has rhizomes that are probably long-lived and capable of persisting and reproducing vegetatively for decades without producing seedlings. Potentially suitable habitat for mountain sweet pitcher plant (mountain bog) was not observed at either project site. No specimens were found during the survey, which was conducted during the USFWS designated optimal survey window for the mountain sweet pitcher plant (April -October). Therefore, it is the opinion of Clearwater that the proposed project would have no effect on this species. 4.7 Northern Long -Eared Bat The Northern long-eared bat (NLEB; Myotis septentrionalis) is a medium-sized bat about 3 to 3.7 inches in length with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, which differ from other Myotis bats that are 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 spanning west from the Atlantic coast to the southern Northwest Territories and eastern British Columbia. NLEBs spend winter hibernating typically in large caves or mines with large passages and entrances, constant temperatures, and high humidity with no air currents. Summer habitat 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 at either property site. However, forested areas at both sites are considered potentially suitable summer habitat, though this may be limited due to the surrounding land uses, particularly at the Fish Camp site. Due to the presence of suitable summer habitat, the USFWS will likely limit tree clearing on site during the bat's active season (March 31 to October 14 or November 14 depending on proximity to known hibernacula). Conducting a bat survey near the start of the active summer season could confirm or deny the presence of this species on site. A negative presence/absence survey result may be able to waive the tree clearing moratorium. During permit application review, the Corps of Engineers (Corps) and the USFWS will determine if any tree cutting moratoriums applies to portions or all of the site. It is the opinion of ClearWater that tree clearing conducted between October 15 or November 15, depending on proximity to known hibernacula, and March 31 should support a may affect, not likely to adversely affect determination for this species; however, consultation with FWS may be required due to the project's location. Clearwater Environmental Consultants, an EnviroScience Company Page 8 Project #18081 Brevard Pump Stations 4.8 Rock Gnome Lichen Federally listed as an endangered species, rock gnome lichen (Gymnoderma lineare) occurs on rocks in areas where clouds or fog provide regular moisture and high humidity either at high elevations above 5,000 feet (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 (0.04 inch) straps that appear blue -grey on the upper surface and generally shiny -white on the lower surface. Gymnoderma lineare grade to black near the base, unlike the similar species Squamu/ose c/adonias, which are never blackened toward the base. Fruiting bodies of G. lineare are black and borne at the tips of the straps, unlike C/adonia spp. that have brown or red fruiting bodies. Flowering occurs July through September. Suitable habitat for this species (boulders or rock outcrops) was not observed at either project site. Therefore, it is the opinion of ClearWater that the proposed project would have no effect on the rock gnome lichen. 4.9 Small Whorled Pogonia Small -whorled pogonia (Isotria medeo/oides) is federally listed as an endangered species. It occurs on upland sites in mixed -deciduous or mixed- deciduous/coniferous forests that are generally in second or third growth successional stages. Characteristics common to most sites include sparse to moderate ground cover in the species' microhabitat, a relatively open understory canopy, and proximity to features that create long persisting breaks in the forest canopy. Soils at most sites are highly acidic and nutrient poor, with moderately high soil moisture values. Light availability could be a limiting factor for this species. The stem is smooth, hollow pale green and 3.7 to 9.8 inches tall with a single whorl of 5 to 6 light green elliptical leaves 3 inches long and 1.6 inches wide. A flower is borne at the top of the stem. It is distinguished from the similar Isotria verticillata by the Tatter's purplish stem and long, dark sepals. Potentially suitable habitat for the small whorled pogonia (forest) was not observed at either project site. Therefore, it is the opinion of Clearwater that the proposed project would have no effect on this species. 4.10 Swamp Pink Swamp pink (He/onias bullata) is a perennial herb in the lily family. It has a basal rosette of evergreen, strap -like leaves, and an upright pink to lavender flower head. The tall flower stalks (up to 4.5 feet) appear from March to May. During the winter the leaves often turn reddish brown and lie flat or slightly raised above the ground. These winter leaves are often hidden by leaf litter, but a visible button in the center of the leaves represents the next season's flower head. Although the plant can reproduce by seed, most of its reproduction is by vegetative expansion of established plants. This means plants tend to grow in clumps, close to the parent plants. Seed dispersal is limited, and populations appear to expand at a very slow rate. Clearwater Environmental Consultants, an EnviroScience Company Page 9 Project #18081 Brevard Pump Stations Swamp pink is found in a variety of wetland habitats, including mountain bogs, swampy forested wetlands bordering small streams, wet meadows, and spring seepage areas. Swamp pink can be found across much of New Jersey and Delaware and sporadically in Maryland, Virginia, North Carolina, South Carolina, and Georgia. Potentially suitable habitat for swamp pink does not occur at either project site. Further, wetland areas in the project areas contain high densities of invasive species in the shrub and herbaceous layers. Therefore, it is the opinion of Clearwater that the proposed project would have no effect on swamp pink. 4.11 Tricolored Bat Tricolored bat (Perimyotis subf/avus) is a small -sized bat that averages 3 to 3.5 inches in length with an average wingspan of approximately 9 inches. The fur color varies from yellow to brown to black, with younger individuals generally having darker coloration. The key characteristic, as the name suggests, is their tricolored back, which is a gradient from dark near the tail, light in the middle, and dark near the head. The tricolored bat is found across the eastern half of North America. In winter months, this species hibernates in humid caves. In the southeastern U.S., W they have also been found hibernating in road culverts and occasionally in tree cavities. In the spring, summer, and fall, when this species is not hibernating, they can be found in open forests, forest edges, and occasionally in crevices of old buildings. Their diet is composed almost exclusively of flying insects, typically foraged from open fields and waterways along forested areas. This species is currently listed as proposed endangered by the USFWS as of September 13, 2022. No formal federal management guidelines for protecting this species and its associated habitat have been released from USFWS. USFWS has 12 months after the closure of the public notice period, which ended November 14, 2022, to determine the final listing status of this species, though no determination has been made to date. If this species becomes listed as threatened or endangered, federal management guidelines will be set in place to minimize adverse impacts. No naturally occurring suitable wintering habitat for the tricolored bat exists within the property boundaries. However, potentially suitable summer habitat was observed at both sites in the form of forested areas with snags and mature trees with loose bark, though this may be limited due to the surrounding land uses, particularly at the Fish Camp site. Until USFWS management guidelines are published, it is anticipated that a tree clearing moratorium would be put into place from approximately April 1 through October 31 if the proposed endangered listing becomes effective. Conducting a bat survey near the start of the active summer season could confirm or deny the presence of this species on site. A negative presence/absence survey result may be able to waive any tree clearing ClearWater Environmental Consultants, an EnviroScience Company Page 10 Project #18081 Brevard Pump Stations moratorium, if applicable. During permit application review, the Corps of Engineers and the USFWS will determine if any tree cutting moratoriums are required. ClearWater recommends avoiding tree clearing in the active season, between April 1 and October 31, to minimize potential impacts to this species. If seasonal tree clearing is conducted in winter months, outside of the active season, it would be the opinion of ClearWater that this project may affect but is not likely to adversely affect the tricolored bat. Any updates to the proposed listing of this bat species should be obtained if those updates occur prior to commencement of this project as they could affect tree clearing activities. 4.12 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 (0.9 to 3.0 meters) tall. The alternate leaves are single -tooth serrated, 1 to 6 inches (2.5 to 15.2 centimeters; cm) long and 1 to 2 inches (2.5 to 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. Potentially suitable habitat for Virginia spiraea was not observed at either project site. The Fish Camp site is maintained as mowed lawn and the Gallimore Road site has a riparian buffer of mostly mowed field with a strip of trees and shrubs on the streambank, which is not susceptible to high -velocity scouring floods. Therefore, it is the opinion of Clearwater that this project would have no effect on this species. 5.0 CONCLUSION AND RECOMMENDATIONS During completion of the threatened and endangered species survey and habitat assessment at the Fish Camp and Gallimore Road project sites, no specimens were observed but potentially suitable summer habitat for the NLEB and tricolored bat was present. The bat habitat may be limited due to the surrounding land uses, particularly at the Fish Camp site with high noise and night light levels. For NLEB, ClearWater recommends limiting tree clearing activities from October 15 or November 15, depending on proximity to known hibernacula, to March 31 to avoid adverse impacts. Consultation may be required with FWS for potential impacts to NLEB due to the project's location. For the tricolored bat, ClearWater recommends limiting tree clearing activities from November 1 to March 31 to avoid adverse impacts. Any updates to the proposed listing of this bat species should be obtained if those updates occur prior to commencement of this project as they could affect tree clearing activities. Clearwater Environmental Consultants, an EnviroScience Company Page 11 Project #18081 Brevard Pump Stations During Corps review of proposed wetland/stream impacts a determination will be made by the Corps specifically related to the tree cutting moratorium and if this moratorium applies to all, portions, or none of the project site. Depending on the final project design, no suitable bat habitat trees may need to be cut. A bat survey was not conducted to formally confirm or deny the presence of federally protected bat species; however, conducting a bat survey in the summer active season would determine the presence of absence of federally protected bat species on site. The window for conducting presence/absence surveys is June 1 to August 15. 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 protected 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 12 Project #18081 Brevard Pump Stations 6.0 REFERENCES Center for Biological Diversity. 2023. Natural History: Tricolored Bat. httos://www.bioloaicaldiversitv.ora/species/mammals/tricolored bat/natural histor y html. Accessed February 2024. Kentucky Department of Fish and Wildlife Resources. 2023. Tricolored Bat. https://fw.ky.govMildlife/Pages/Tricolored- Bat.aspx#:—:text=Description %3A%200ne%20of%20 Kentucky's%20two,of%201u st%20over%209%20inches. Accessed February 2024. NCNHP (North Carolina Natural Heritage Program Database). 2023. https://ncnhde.natureserve.orq/; Accessed February 2024. NCWRC (North Carolina Wildlife Resources Commission). 2018. Bog Turtle Species Profile. https://www.ncwildlife.org/Portals/0/Learning/documents/Profiles/Reptile/Bog Tur tle Species Profile 2018.pdf. Accessed February 2024. NCWRC. 2020. Appalachian Elktoe Distribution. https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian- Elktoe#3017843-distribution; Accessed February 2024. NRCS (Natural Resources Conservation Service). 2023. Web Soil Survey for Transylvania County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed February 2024. USFWS. 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans) Yoshimura and Sharp. Atlanta, GA. 30 pp. USFWS. 2022. Optimal Survey Windows for North Carolina's Federally Threatened, Endangered, and At Risk Plants. https://www.fws.gov/story/2022-03/north- carolinas-federally-threatened-endangered-and-risk-plant-species; Accessed February 2024. USFWS. 2023. 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 February 2024. USFWS. 2023. Gray Bat. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/6329; Accessed February 2024. USFWS. 2023. Tricolored bat. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/10515. Accessed February 2024. USFWS Information, Planning, and Consultation System. 2023. https://ecos.fws.gov/ipac/; Accessed February 2024. Weber, Joey and Walters, Brianne. 2023. Monitoring Gray Bats in Western North Carolina (pp. 1-32). Center for Bat Research, Outreach, and Conservation, Indiana State University. ClearWater Environmental Consultants, an EnviroScience Company Page 13 Project #18081 Brevard Pump Stations Figures ate' 0 Da\\ ti� n.River Recreational Area I Fish Camp Ecusta Lambs Creek Rd 2 White Oaks Osborne Rd JI Brevard College ii Brevard Forest Hills Rocky Hill J Project Boundary Vicinity Map. Figure 1. 276 Gallimore Road II Brevard Pump Stations (+/- 3.71 Ac) Transylvania County, NC Pisgah Forest A —1- "1 a A Q 0 1,000 2,000 4,000 Feet N J A 0 200 400 800 1,200 Meters /r Blue Ridge An EnviroScience Company wthor: BLO Date: 10/172023 Project #: 18081 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US Project Boundary^ °w USGS Topographic Map Breva rd Pump Stations 0 1,250 2,500 5,000 Feet N 1:24K Scale Quad: Brevard & 3.71 Ac) i r i r i ear r Pisgah Forest. +/- Transylvania County, NC An EnviroSCIC@ce CDmpany� Figure 2. o zso Soo ,,000 1,500 Meters 4uthor: BLO Date: 10/172023 Project #: 18081 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US Author: BUD Date: 10/182023 Project #: 18081 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US Brevard Pump Stations 0 20 40 80 Feet N Habitat Map Fish Camp Site I i i i I I I I I [LearWater Figure 4a. (+/- 2.35 Ac) A An Bnviroscience CompanyTransylvania County, NC 0 s 10 20 Meters Author: MKB Date: 01292024 Project #: 18081 NAD 1983 2011 StatePlane North Carolina PIPS 3200 Ft US E - - -- — --/ 0 i I Project Boundary Mowed Field Maintained Lawn C, Maintained Park Hwy"m;, Riparian Buffer Urban (gravel drive) r. Wetland Stream Brevard Pump Stations 0 15 30 60 Feet N Habitat Map Gallimore Road Site l i i i l i i i l CLearWater Figure 4b. (+/- 1.37 Ac) An Bnviroscience Company Transylvania County, NC. 0 5 10 20 Meters )r: MKB Date: 01292024 Project #: 18081 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft Author: BUD Date: 10/182023 Project #: 18081 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US 4.1 4 Project Boundary A.. Project Boundary AuA -Augusta fine sandy loam, cool variant, 14% slopes, rarely flooded % USDASoils Map Brevard Pump Stations 0 20 40 80 US Feet IN NRCS Web Soil Survey Gallimore Road Site I (+/- 1.37 Ac) I CLearWaLer Figure 5b Transylvania County, NC 0 5 10 20 Meters An EnviroScience C.mpany Q- I NAn i qRi ?ni i St —PI.— N-h r.—Ifin. Pips i?nn Ft t is Appendix A: US Fish and Wildlife Service IPaC (Beta) -Official Species List and NLEB Determination Key NC Natural Heritage Program Data e r..x. �''Ywf ra Wii.Y!Ld}'i: United States Department of the Interior„"{ ` FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: January 29, 2024 Project Code: 2024-0000009 Project Name: Brevard pump station 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 oc r 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) %er,,s,'ct* 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.e q.). 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 Wesignated 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 IPaC website at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through IPaC by comple g 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) (c)). For projects other than major construction activities, the Service suggests that a biological Project code: 2024-0000009 01/29/2024 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, 4e 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: https://www.fws.gov/siteskefault/files/documents/ endan ered-species-consultation-handbook.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. ec. 668(a)). For more information regarding these Acts, see Migratory Bird Permit What o I U.S. Fish & Wildlife Service (fws.gov). The MBTA has no provision for allowing take of migratory birds that may b 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). Propone should iipplement 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 informtion on avian stressors and recommended conservation measures, see httf)s:kwww.fws.gov/librar/collections/threats-birds. In addition to MBTA and BGEPA, Executive Or 186. Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal agen $ es 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. ov/partner/council-conservation- migratory-birds. We appreciate'Yowt 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. Attachment(s): • Official Species List WOW; Project code: 2024-0000009 01/29/2024 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". m This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 O' Project code: 2024-0000009 01/29/2024 Counties: Transylvania County, North Carolina ffirew; Project code: 2024-0000009 01/29/2024 ENDANGERED SPECIES ACT SPECIES There is a total of 12 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. AM IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on bq&lf 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. NOAA Fisheries, also known as the Nation arine Fisheries Service (NMFS), is an office of the National Oceanic and Atmosp is Ad ' istration within the Department of Commerce. Ank MAMMALS NAME Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: Northern Long-eared Bat Myotis septentriohalb No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus d No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 REPTILES NAME Bog Turtle Glyptem uhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 STATUS Endangered Endangered Proposed Endangered STATUS Similarity of Appearance (Threatened) 5 of 8 Project code: 2024-0000009 01/29/2024 CLAMS NAME STATUS Appalachian Elktoe Alasmidonta raveneliana Ah. dangered There is final critical habitat for this species. Your location does not overlap the critSpeciesprofile: https://ecos.fws.gov/ecp/species/5039 Longsolid Fusconaia subrotunda eatened There is final critical habitat for this species. Your location does not overlap the al habit Species profile: https://ecos.fws.gov/ecp/species/9880 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for thisspecies. Species profile: https://ecos.fws.gov/ecp/species/4283 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: htt s://ecos.fws. v/ec /s ecies/1890 �r Swamp Pink HeloniasdbullPopulation: No critical habitat has bignated for this species. Species profile: haps://s.gov/ecp/species/4333 Virginia Spiraea Spiraea virginiana No critical habit as been designated for this species. Species profil STATUS Candidate STATUS Endangered Threatened Threatened Threatened STATUS Endangered CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. Project code: 2024-0000009 01/29/2024 YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL ABOVE LISTED SPECIES. 7 of 8 Project code: 2024-0000009 01/29/2024 LEAD AGENCY CONTACT INFO Lead Agency: County of Transylvania - row; Roy Cooper, Governor ■■■� INC DEPARTMENT OF ■■ ■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ January 29, 2024 clement Riddle ClearWater Environmental Consultants, INc 145 7th ave West, Suite B hendersonville, NC 28792 RE: Brevard Pump Station South Tract Dear clement Riddle: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-24754 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.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT Of' NAIU%�AI. AN() c_Oi_rUPA f-Est�Uftc_Es (0) 121 w .Kr N[- .-.IPEC f. r LE!;',iI NC 27EA'r if r i 111,,L (Tr•i fcP, P;,LEi ;1i W FAX CO CO U can m U U U U o v N M E M "oM C� O M L7 L7 L7 L7 L7 C3 CO aJ O aJ CC3 u m u U E aJ E aJ E aJ .O COU }' ro aJ E M Cl O aJ Q O M E CO CO CO CO E CO U M U W W W O _ a) N- O Ln o CO E CO F -0 CC3 CO CO E a Q _ w Q c c c c c c c E E E E E E E E E E c- v 17 c c c c c c c a a a s a D- (D a a a a a a > > > > > > > 0 0 0 0 0 0 0 O J J J J J J J M cn 2 a m E o Q W W Q W I I I Q aJ D n -0O N m W U aJ O 0� 0 M > n E O N z CO 0 0 O o O 0 co E CC3 N W >� + �o a O� N M cb O O -0 rLn o �0 NO 0 �0 MCO � n3 Z Q J a) Q N CO N N NO N NO C9 M Q E U + O 0 CO a Z O O N N N N N O CO a Q 0 a >, >, >, rp CO —> ) 0 a + v 0 c o o o O } mCO CO OCOCO o> COCOCO U >_ �� �_ �E c ° co cocom>>>> h ZICO � QO U)c CO O O O O cn cn cn�W CO 0 D-m y O >, >, >, >, c c c D-v CID D-�� �000UU���UZ — E a (D — CID o w Li Q u a m cn ° IIIII c O cn cn cn O _ E E CID U) i CID c w O �CO E CO u n _ > cn CO CID E Z o CO c c E � cn E COE c c >, a) U LE � CO a o o a u u co. D- °� CO> ° o a D E co <nCO ) U-) 1 M U co co Z CO U Q CO M C� E I v c >��� M CO 0 m \� I O a) a i o ro ��<n aac o Z inm M o� m e OO W a— C9 O� M C9 O 0 N N>>> pCO OW O 0 Q� W~OL C C C .0 . a N CO CO z 0 0 =3 =3 =3 o— CO Q a a m m m m CO CO CO U O 0 v � 0- CO Q Q(D(D(D � c c c 0 ° O 1 ° LE 0 � CO CO 0 m m m m>>> is c LE 0) �� > > >, > E O � D- Cl cn cnro � ro L Q z �o > > > > c c c w�c1��Q E E Q a> c�WmWmWz a> aco cn > 0 z n� ��uu�����c° n� z � Mi I N a LE u N r M N a C) 3 � � � O C() c : m CO � E e n _0 3 > � co � LO r- � N W N i � IPA ¥ a ,E,«Rer « In p� 3 ° :w@@ @r % � % \ jI \ ]i » ƒ \ t ƒ ,m D m \ � ƒ / 2 \ 3 � 01 § \ / Roy Cooper, Governor ■■■� INC DEPARTMENT OF ■■ ■■ NATURAL AND CULTURAL RESOURCES ■ ■■■ January 29, 2024 clement Riddle ClearWater Environmental Consultants, INc 145 7th ave West, Suite B hendersonville, NC 28792 RE: Brevard Pump Station North Tract Dear clement Riddle: D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-24753 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.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritage�dncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT Of' NAIU%�AI. 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"'r... e Middle �r�,n9 liS 0 ca �� 'C 5 Pd WeS� Prp LD C M �a4P N 0 N p v :2 2i N y W 4'1 c� Cl pa ianiy uoSQ� NI <7 cr s M O M N a Appendix B: Photolog Photo 1: View of Fish Camp site (facing north from top of stream bank). Photo 2: View of Fish Camp site (facing west from top of stream bank). «z Photo& View of stream at Fish Camp site (facing upstream). Photo¢ View of stream at Fish Camp site (facing downstream). Photo 5: View of mowed field habitat at Gallimore road site (facing west). Photo 6: View of mowed field and wetland habitats at Gallimore Road site (facing east, note trees and shrubs are along stream bank). Photo 7: View of stream and riparian zone at Gallimore Road site (facing upstream). Photo 8: View of stream and riparian zone at Gallimore Road site (facing downstream). Attachment C Photo Log Photo 1. Gallimore Road existing pump station (facing east, view from Gallimore Road) Photo 2. Approximate sewer line location (facing southwest from existing pump station) 12/15/2023 15:54:2z +35.223003,-82.72804� 24' NE Altitude:2097.4t .w t -4 yf N �sC,i,, j Photo 4. Approximate stream SA crossing location (facing upstream/northwest))