20160652 Ver 1_401 Application_20160616

INTERNATIONAL
June 28, 2016 PAID
NC DWR, 401 & Buffer Permitting Unit
Attn: Karen Higgins, Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
Innovation Done Right ... We Make a Difference
Uu
I
201 60 652
JUN 8 0 2016
Subject: Preconstruction Notification and request for Clean Water Act (CWA) §404 an�lc. 401
permits for a stream bank stabilization project. We are requesting that Nationwide
Permit 13 and General Certification 3885 be issued for this project on Tusquittee
Creek, Hayesville, North Carolina, Hiwassee River Basin — CU# 06020002, Clay County,
NC.
Dear Ms. Higgins:
Enclosed with this letter are five (5) copies of the Pre -Construction Notification, plan sheets,
and other pertinent information that are being submitted for regulatory review. I have also
attached to this letter, a check for $570.00 to cover the application fee. We have also
submitted this information to the U.S. Army Corps of Engineers, U.S. Fish and Wildlife Service,
and N.C. Wildlife Resources Commission for their review. We are providing this information for
your department's consideration and comments relative to CWA §401 permitting.
This project involves stabilizing a section of stream bank on Tusquittee Creek. The bank is
eroding and threatening the landowner's home. The section to be stabilized is approximately
215 linear feet along the right bank, on the outside of a meander bend. Tusquittee Creek is
designated as Class C, Tr, HQR waters by the Division of Water Quality and we believe it
supports wild trout, so the trout moratorium will be observed. The plan sheets indicate the
methods that will be utilized to stabilize this bank with boulders and vegetation. The work area
will be separated from flowing water with boulders for the short time it will take to do this
work. This package should provide what is needed to evaluate this permit request and we are
prepared to meet with you to discuss the project further, if you so desire.
We believe that the proposed activities are necessary to address existing erosion problems and
should provide long-term stabilization to reduce sediment loss into Tusquittee Creek and
damage to this property. We will avoid damaging any trees on-site, and hope to plant
additional trees that should provide further long-term bank stability. The results of this project
Eff pa zziw ( O6MPORT MBAKERINTL.COM 797 Haywood Roadl Suite 2011 Asheville NC 288o6
Office- 828.350.14081 Fax: [phone]

Innovation Done Right -We Make a Difference
-will i prove habitat at this_site for native aquatic species and -will provide long-term water
quality -protection`;';
�r a •tip �1 w-� V� .�I� - .,
Thank you for your,consideration of this request. If you have any questions, please contact, me'
`J, nrti�`
as soon as possible at 828-412-6100 or by email at [e-mail]: Your timely
reviewswill be -appreciated: ,-;y�
--
Sincerely,
Micky Clemmons
Michael Baker International, Inc.
Cc: U.S. Army Corps of Engineers.,:
U.S. Fish and Wildlife Service
N.C. Wildlife Resources Commission

Oao^F ,W ATF
iUN
Pre -Construction Notification (PCN)tD
;PRMa
ROW
A. Applicant Information WA F R
I. Processing
la. Type(s) of approval sought from the Corps:
Q Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: NWP 13 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
Q Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes Q No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
❑Yes No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes Q No
2. Project Information
2a. Name of project:
Nicholson Property Bank Stabilization
2b. County:
Clay
2c. Nearest municipality / town:
Hayesville
2d. Subdivision name:
Tusquittee Meadows
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Lord (Berglund) Nicholson and Tern White
3b. Deed Book and Page No.
DB:285 P*203 PIN# 557100998643 '
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
214 Tusquittee Meadows Drive
3e. City, state, zip:
Hayesville, NC 28904
3f. Telephone no.:
828-658-2599
3g. Fax no.:
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant lnformatioin
(if different from',owner)
4a. Applicant is:
'Agent Other; specify:
4b. Name:
-
4c. "Business name
.'(if applicable):
',-4j'.-,Street address-""
,4e.`City, state, zip:,
4f. -`Telephone 66.:-,,,
4g: Fax no,.
-4hi: , mail address:
5: Agent/Consultarit Information(if,applicable),;:
,5a.`Name: �..�
:Micky'Cler►imons `,ti . : _
�.• , , . �. �; =: - =',y: ;.
_
-
5b`�,,Business-6ame
Michael,BA4Engineering;Inc.
- , E 4 =
(if applicable):
,5c.
797 Haywood Road, Suite 201
,Streefaddress:
5d. City,=state;i'ip
Asheville;=NC 28806",;
5e. ,,Telephone
;5f." Fax n o
-
°828-350=1409-`{;
5g: Email address:
rnclernmons@mbakerintl:com�t
Y
`'Ij '
, , v F•
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1557100998643
1 b. Site coordinates (in decimal degrees):
ILatitude: 35.083686 Longitude: -83.748504
1c. Property size:
4.29 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Tusquittee Creek
2b. Water Quality Classification of nearest receiving water:
C; Tr, HQW
2c. River basin:
Hiwassee River Basin
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The Nicholson residence is built on Tusquittee Creek (see attached aerial photos and others). Over the last 3 years and particularly during winter
2016 flooding, this meander has eroded the bank by 10-15 feet and is now Gose to the house This bank had some large trees but these have been
undermined and have fallen The floodplain is a grassed yard The stream bank is a vertical day bank that is eroding and endangering the residence.
3b. List the total estimated acreage of all existing wetlands on the property: 0
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 300
3d. Explain the purpose of the proposed project:
The purpose of the proposed protect is to stabilize the outside of this meander bend on Tusquittee Creek, using natural materials that provide habitat
3e. Describe the overall project in detail, including the type of equipment to be used:
See the attached answer
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes © No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
I Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes Q No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one -
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 T
Stabilization
Tusquittee Creek
PER
Corps
65
215
S2 -
Choose one
S3 -
Choose one
_
S4 -
Choose one
S5 -
Choose one
S6 -
Choose one
_
_
3h. Total stream and tributary impacts
215
3i. Comments:_
This impact will be approximately 215 linear feet along a right bank, meander bend Impact described as temporary because impacts Nil be minor as
boulders are placed, the thalweg is shifted to the left and the extension of the point bar is reduced to what approximates the 2013 condition The
purpose of the protect is to establish a stable meander bend that is not eroding, endangering the landowners home and property
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d.
Wetland Impacts (acres) Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled Excavated Flooded
Filled Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
61 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
66 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Boulders are being used rather than smaller rock to provide long-term stabilization and to provide better pool habitat Boulders will only be placed
along that section of the bank where erosion is occurring and the channel is migrating toward the applicants home
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
An erosion control matting will be placed between the soil and the boulders to control soil loss from under the boulders Some gaps will be left
between boulders as shown on the attached detail, so that live stakes can be used to provide additional stabilization and shading of the creek
Boulders will only extend up to the existing ground surface - bankfull elevation A temporary placement of boulders will be used to deflect channel flow
away from the work area Any disturbed ground will have coir matting placed over seeded and mulched ground, to stabilize the sod.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes Q No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes Q No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan?
❑ Yes [S] No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑ Phase If
❑ NSW
❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
4. DWQ Stormwater Pro ram Review
4a. Which of the following state -implemented stormwater management programs apply
(check all that apply):
❑Coastal counties
❑HQW
❑ORW
❑Session Law 2006-246
[]Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
Yes E] No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1b. 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
❑ Yes ❑ No
(North Carolina) Environmental 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 NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes Q No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes Q No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
[3 Yes No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes es ❑ No
5b. Have you checked with the USFWS concerning Endangered Species Act
© Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Conducted Natural Heritage Program website search, reviewed NC Watersheds with Federally Listed Aquatic Species and NC Natural Heritage Areas
of Slate and Federal Significance and USFWS IPaC website. Request official T&E list through IPaC - see attached Section 7 review letter
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes © No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Habitat Conservation Essential Fish Habitat Mapper
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
North Carolina ECHO Exploring Cultural Heritage Online site, State Historic Preservation Office website and HPOWEB GIS service
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA -designated 100 -year floodplain?
Yes ❑ No
i
8b. If yes, explain how project meets FEMA requirements:
A No -Rise Certification is expected from this work and a letter requesting such will be sent to the County Flood Plain Administrator once modeling is
complete If this is accepted then all requirements should be met. If this is not accepted then moving forward with the project will be reconsidered or
further modeled to meet FEMA requirements
8c. What source(s) did you use to make the floodplain determination?
FEMA firm maps.
Micky Clemmons
I
Michael Baker Engineering, Inc.
Applicant/Agent's Printed Name
Appli nt/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Addendum to Nicholson Bank_ Stabilization NWP 13 PCN
Section B, question 3e, "Describe the overall project in detail..."
This project site is located on the left bank of Tusquittee Creek in Clay County at the Tusquittee
Meadows subdivision. The home at this site was built along the right bank of Tusquittee Creek and is
within the FEMA floodplain. Flooding during the last 5 years has undermined existing trees, that were
growing along the top of bank and these trees have fallen. This rootmass was the primary stabilizing
agent along this reach of stream bank and now that it is gone, significant erosion is occurring. The
parcel is located on a meander bend in the stream and this erosion is moving the channel toward the
landowner's home. When the site was surveyed, it was found that the top of the eroding bank is within
25 feet of the home. Rapid bank loss was particularly noticeable during the 2015-2016 winter flooding
along Tusquittee Creek. The landowners understand that the creek will continue to flood onto the
floodplain but they need to stop erosion that threatens their home. This plan has been developed to
meet that goal.
We have attached project plan sheets that present conditions at the site and the boulder revetment that
we propose to stabilize this meander bend. Project Details and the Construction Sequence provide
specific information on how this stabilization will be done. We propose to use a track -hoe and skid steer
to move rock on site. The track hoe will sit on the bank or on the point bar to install 2'x3'x4' boulders in
a terraced fashion starting below the streambed and extending to the existing top of bank. Boulders will
be used to divert stream flow away from the work area. The length of the eroding meander is 215 feet
and this reach of bank will be stabilized. On the left bank, a cobble point bar has been extending as the
channel meanders. The existing thalweg is located at the toe of the right bank. This bar will be cut back
to relocate the thalweg 10-15 feet left of the existing right bank and approximately at its 2013 position
(see photo). The boulders will start at this new thalweg and extend back and up to the top of bank
elevation. In some areas it will merge with the existing bank and in other more eroded areas, cobble cut
from the point bar and Class II stone will be added as fill behind the boulders to within 1-2 feet of the
top of bank. A geo-textile will be placed between the stone and the soil of the bank. Fill soil will be
added above any stone fill where needed to allow for revegetating of this area. Where possible small
gaps will be developed that will allow live stakes to be installed in the revetment.
Additional information relative to Section F — Endangered Species and Designated Critical Habitat
questions 5: We have reviewed multiple sources to determine if this project could impact any ME
species. We requested an "Official List" of threatened and endangered species through the IPaC online
service from the Asheville Office of the US, Fish and Wildlife Service and this letter is attached. There are
three species listed as Endangered or Threatened that may be present in the project area. Based on our
site evaluation there is no habitat to support these three species at this site. The Green pitcher -plant
(Sarracenia oreophila) requires wetland or boggy conditions and this site consists of a grassed lawn up
to the stream's top of bank. The Indiana bat (Myotis sodalis) and Northern long-eared bat (Myotis
septentrionalis) are the remaining species. There are no trees or other habitat that bats could use for
roosts that will be altered by this project. The only trees that were present in the work area have fallen
due to erosion. These species may forage in this area but the project is not likely to disrupt this activity,
or if it does, it would be in a very restricted area and for a very short period of time. The letter states
that there are no Critical habitats or NWI Wetlands within the project area. There is a significant list of

migratory bird species that -use the project area. These species.are'not likely fo be affected by the '
project because no woody vegetation will be removed and all project alterations will be to a small yard
area and to the stream bank. Based on this' analysis we do hot believe"thWproject will have any eff'e'ct,
on threatened.or endangered species.. 421
n

AGENT AUTHORIZATION FORM
_PAOPER7Y LEGAL IDE RIPTION:
, r
Lor No. PLAN NO.
PARCEL Ilk- _557100998643_
1
STREET, ADDRESS: 234 Turiwiltcra Meadows Or. `
Havesvtlle. NC 28904
Please print -
' ; Pr'operty Oumer. Lauri Bery1und Nicholson
ProPertl►.Owner. Terri White
The undersigned, registered property owners of the above noted property, do hereby authorize., ;
- fNioin►tlemmons of M;tl:mmel fl.akcr Enaineer6t& int
' J&ntractor / Agent) (Name of Consulting firm)
to act on my behalf and take all actions nebessary for the processing, issuance and acceptance of ~` F
-this penult or certification and any and all standard and special conditions attached.
`. TProperty Owner's Address (if different from property above): ;
��Ip ►1, 1T? RAms(Sreek Read: Welyem7lP_fdC 7.R7R7_ vmd r
> _ r
Other Bruno Holdinr s LLC: 94§9 Deleates Drive, Suite 101s, Orlando Ft 3x$37 k� r
:T4phone: 82R -s58-2599 '
` We hereby certify the above information submitted in this application is true and accurate to the '
best o knmvtei�ge.
-� - , rt z t• _ -r. ,
Autfiorited Si wre Authorized Signature
Gate: ("I' { �1 i Date: 91 2A
i
1
STREET, ADDRESS: 234 Turiwiltcra Meadows Or. `
Havesvtlle. NC 28904
Please print -
' ; Pr'operty Oumer. Lauri Bery1und Nicholson
ProPertl►.Owner. Terri White
The undersigned, registered property owners of the above noted property, do hereby authorize., ;
- fNioin►tlemmons of M;tl:mmel fl.akcr Enaineer6t& int
' J&ntractor / Agent) (Name of Consulting firm)
to act on my behalf and take all actions nebessary for the processing, issuance and acceptance of ~` F
-this penult or certification and any and all standard and special conditions attached.
`. TProperty Owner's Address (if different from property above): ;
��Ip ►1, 1T? RAms(Sreek Read: Welyem7lP_fdC 7.R7R7_ vmd r
> _ r
Other Bruno Holdinr s LLC: 94§9 Deleates Drive, Suite 101s, Orlando Ft 3x$37 k� r
:T4phone: 82R -s58-2599 '
` We hereby certify the above information submitted in this application is true and accurate to the '
best o knmvtei�ge.
-� - , rt z t• _ -r. ,
Autfiorited Si wre Authorized Signature
Gate: ("I' { �1 i Date: 91 2A

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Photo 1 is view downstream and Photo 2 is upstream along meander in January, 2014
Photo 3 and Photo 4 taken December 2015, are from similar positions as those above,
notice tree loss between photos 1 and 3 and general soil loss along meander.
Photo 5 and Photo 6 taken in May 2016, are from similar positions as those above,
notice poplar in #5 has fallen and smaller poplar is close to falling.

w
46 si'fF1m United States Department of the Interior'
SLUM
= 4
' FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 ZILLICOA STREET
ASHEVILLE, NC 28801
PHONE: [phone] FAX: [phone]
URL: www.fws.gov/nc-es/es/countyfr.html
Consultation Code: 04EN1000-2016-SLI-0399 June 21, 2016
Event Code: 04EN1000-2016-E-01406
Project Name: Nicholson Bank Stabilization
Subject: List of threatened and endangered species that may occur in your propTed project
location, and/or may be affected by your proposed project
i
To Whom It May Concern:
l
v
The enclosed species list identifies threktene&endangered, proposed and candidate species, as
well as proposed and final de$igtiatvd critical habitat, that may occur within the boundary of
your proposed proJect and/or may be affected by your proposed project. The species list fulfills
the requirements of the tJ.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered'Species`Act (Act) of 1973, as amended (16 U.S.C. 1531 etseq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of
the Act, the accuracy of this species list should be verified after 90 days. This verification can
be completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through the ECOS-IPaC system by completing the same process used to receive the enclosed
list.
The purpose of the Act is to provide a means whereby threatened and endangered species and
the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2)
of the Act and its implementing regulations (50 CFR 402 et seq. ), Federal agencies are required
to utilize their authorities to carry out programs for the conservation of threatened and
endangered species and to determine whether projects may affect threatened and endangered
species and/or designated critical habitat.

A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation,
that listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at:
http://www.fws.gov/endangered/esa-library/Pdf/TOC-GLOS.PDF
Please be aware that bald and golden eagles are protected under the Bala and GoIA6 Eaglet
Protection Act (16 U.S.C. 668 etseq.), and projects affecting these specats haay rtggire \
development of an eagle conservation plan `, '1
(http://www.fws.gov/windenergy/eagle_guidance.html).,Addi�onally, wird ciiergy projects
should follow the wind energy guidelines (btT:Hv/ ww.fw� .goJ/windeoetgy/)'for minimizing
impacts to migratory birds, and bats.�\
Guidance for minimizing impacts to, migratory birdslfor projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at:
W:/ www.fws.govfmigratorybirds/CurrentBirdlssues/Hazards/towers/towers.htm;
http:///wwwpowerkilUom, and
ltttp� awww.iw¢.govtmigratorybirds/CurrentBirdlssues/Hazards/towers/comtow.html.
1
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment
2
a

Clay County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Endangered Species, Threatened Species,Federal Species of Concern, and
Candidate Species,
Clay County, North Carolina
Updated: 7-24-2015
Common Name
Vertebrate:
Appalachian cottontail
Bog -turtle
Cerulean warbler
Eastern small -footed bat
Hellbender
Indiana bat
Junaluska salamander
Mountain blotched chub
Northern pine snake
Seepage salamander
Sicklefin redhorse
Southeastern myotis
Southern water shrew
Yellow -bellied sapsucker (Southern
Appalachian population)
Invertebrate:
Diana fritillary (butterfly)
Parrish crayfish
Southern Tawny Crescent butterfly
Vascular Plant:
Alabama least trillium
Buck Creek serpentine barren aster
Scientific name
Sylvilagus obscurus
Glyptemys muhlenbergii
Dendroica cerulea
Myotis leibii
Cryptobranchus alleganiensis
Myotis sodalis
Eurycea junaluska
Erimystax insignis eristigma
Myotis septentrionalis
Pituophis melanoleucus
melanoleucus
Desmognathus aeneus
Moxostoma sp. 1
Myotis austroriparius
Sorex palustris punctulatus
Sphyrapicus varius appalachiensis
Federal
Status
FSC
T (S/A)
FSC
FSC
FSC
E
FSC
FSC
T
FSC
FSC
C
FSC
FSC
FSC
Speyeria diana FSC
Cambarus parrishi FSC
Phyciodes batesii maconensis FSC
Trillium pusillum var. ozarkanum FSC
Symphyiotrichum rhiannon FSC
https://www.fws.gov/raleigh/species/cntylist/clay.html[6/21/2016 2:17:56 PM]
Record Status
Current
Current
Current
Current
Current
Probable/potential
Current
Obscure
Current
Obscure
Current
Current
Current
Current
Historic
Current
Current
Current
Current
Current

Clay County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Butternut
Juglans cinerea
FSC
Current
Darlington's spurge
Euphorbia purpurea
FSC
Current
Fraser fir
A biesfraseri ,
FSC
Current
Green -Pitcher plant
Sarracenia oreophila
E
Current
Large -leaved Grass -of -Parnassus
Parnassia grandifolia
FSC
Current
New Jersey rush
Juncus caesariensis
FSC
Current
Small -leaved meadow -rue
Thalictrum macrostylum
FSC
Current
Nonvascular Plant:
a liverwort
Plagiochila sullivantii var. sullivantii
FSC
Historic
Lichen:
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a significant
portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support listing.
(Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species Act. In
North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service) define Federal
Species of Concern as those species that appear to be in decline or otherwise in need of conservation and are under
consideration for listing or for which there is insufficient information to support listing at this time. Subsumed under the
term "FSC" are all species petitioned by outside parties and other selected focal species identified in Service strategic
plans, State Wildlife Action Plans, or Natural Heritage Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance with
another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered or threatened
and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental, '
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land, for
consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT", respectively.
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de -listed)
from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007. After delisting,
the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the primary law protecting bald
eagles. The Eagle Act prohibits take of bald and golden eagles and provides a statutory definition of "take" that includes
"disturb". The USFWS has developed National Bald Eagle Management Guidelines to provide guidance to land
managers, landowners, and others as to how to avoid disturbing bald eagles. For mor information, visit
hap*Hwww.fws.gov/mi agr torybirds/baldeag e.htm
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New York
south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to Georgia) was listed
as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the collection and interstate and
international commercial trade of bog turtles from the southern population. The T(S/A) designation has no effect on
land management activities by private landowners in North Carolina, part of the southern population of the species. In
addition to its official status as T(S/A), the U.S. Fish and Wildlife Service considers the southern population of the bog
turtle as a Federal species of concern due to habitat loss.
https://www.fws.gov/raleigh/species/cntylist/clay.html[6/21/2016 2:17:56 PM]

ti
Clay County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known records (in
adjacent counties), the presence of potentially suitable habitat, or both.
https://www.fws.gov/raleigh/species/cntylist/clay.html[6/21/2016 2:17:56 PM]

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