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HomeMy WebLinkAbout20190357 Ver 1_PCN Form Submission_20190318ENVIRONMENTAL EVALUATION & COVER LETTER Ironhorse Lodge Culvert Project 1755 Lower Stecoah Road, Robbinsville, N.0 Patrick Breedlove Stecoah Environmental Solutions LLC. Subject: Nationwide Permit 39 & 33 Commercial Culvert Construction Graham County, North Carolina To Whom It May Concern, Introduction Mr. Jerry Goss, owner of the Ironhorse Motorcycle Lodge, is proposing to construct and install a 24" culvert in a small unnamed tributary (UT) to Stecoah Creek (Class C; Tr.) in the Stecoah Community. The project is located at 1755 Lower Stecoah Road approximately 8.53 miles northeast of Robbinsville, North Carolina. The unnamed tributary will be temporary dewatered, through the utilization of sand bags and a mechanical pump and the culvert will be assembled and placed into the unnamed tributary. Back fill materials will be placed onto culvert and slopes will be stabilized as soon as final grading allows. The culvert installation will allow the construction of a 30'-35' wide gravel road and turnaround area which will accommodate delivery vehicles and business traffic to the Ironhorse Lodge. Enclosed are the PCN application, culvert plans, preliminary jurisdiction form, North Carolina stream identification form, USGS topography map, site photographs and other additional project information to assist with the review process. Threatened & Endangered Species In Graham County, there are currently 8 known federally threatened or endangered listed species, Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus), Gray Bat (Myotis grisescens), Indiana Bat (Myotis sodalis), Northern Long -Eared Bat (NLEB, Myotis septentrionalis), Appalachian Elktoe (Alasmidonta raveneliana), Spotfin Chub (Erimonax monachus), Virginia Spiraea (Spiraea virginiana) and Rock Gnome Lichen (Gymnoderma lineare). The Carolina Northern Flying Squirrel and Rock Gnome Lichen are found in spruce -fir dominated forest systems and other isolated high elevation, generally over 5,000 feet, locations in Western North Carolina. However, Rock Gnome Lichen is an exception and may be located at lower elevations within deep river gorges with high humidity or on vertical rock faces that are wet periodically. The project area is much to low in elevation for these species to occur and damp rock faces are absent. Gray Bats usually roost in caves or in/on structures year-round while Indiana Bats and NLEB's only winter in caves or mines. In the summer, Indiana Bats and NLEB's generally roost in the loose bark or trees, either dead with peeling bark or cavities or live trees with shaggy bark white oak, maples, sycamore and hickories. There are no mines or cave visible near the project site. There will be minor tree removal or less than 6 trees (mixed hardwoods/poplar). Tree removal will occur prior to April 15th 2019 (Winter Clearing) to avoid direct potential impacts to Indiana Bats or NLEB's. The project area is not located within a "Red HUC" for NLEB and is located more than 0.25 miles from any records for this species (hibernacula or maternity roosts). Therefor the proposed project is consistent with the final Section 4 (d) rule, codified at 50 C.F.R. 17.40 (o) and effective February 16, 2016 for NLEB's. This project should have a "no effect" on Gray Bats, Indiana Bats and NLEB's. Spotfin Chub have not been found in Stecoah Creek. The unnamed tributary to Stecoah Creek as well as Stecoah Creek is too small, steep and /or cold to support Appalachian Elktoe Mussels. Since the proposed project is located further than 0.50 miles from occupied or critical habitat, we believe the project should have a "no effect" on Appalachian Elktoe Mussel and the Spotfin Chub. Virginia Spiraea occurs along rivers and streams and relies on periodic disturbances, such as high velocity scouring flood, which eliminate competition from trees and other woody vegetation. It is typically found on rocky, flood scoured river banks and rock bars along high gradient rivers that are larger than the unnamed tributary or Stecoah Creek. The proposed project should not affect Virginia Spiraea since habitat is absent. Soils On site soils were evaluated for Hydric Soils and Prime/Unique Farmland. The Unites States Department of Agriculture Soil Conservation Service (USDA — SCS) identifies the following soil types within the project area: Soil Series Mapping Unit Drainage Class Hydric Status Cullowhee Ela Complex CwA Somewhat Non - Hydric 0 — 3 % Slopes, Occasionally Flooded Poorly Drained Ela Silt Loam EtA Very Poorly Hydric 0 — 2 % Slopes, Occasionally Flooded Drained ** No wetlands were identified within proposed project area ** North Carolina Basin Buffer Rules The project site is not located within a watershed in which is subject to state riparian buffer protection rules. Coastal Area Management Act Areas of Environmental Concern The project is located in Graham County which is not one of the 20 counties regulated by the Coastal Area Management Act (CAMA). Rivers and Harbors Act — Section 10 Navigable Waters There are no Section 10 navigable water within the proposed project area. Federal Emergency Management Act The proposed project is not located within Special Flood Hazard Area. Vegetation The proposed culvert site location is primarily located within a campground type setting. Cleared portions of the site are sparsely vegetated, however, there are herbaceous species present such as various grasses. Overstory species are limited to black walnut (Juglans nigra), red maple (Acre rubrum), black locust (Robinia pseudoacacia), and tulip poplar (Liriodendron tulipifera). The under story is absent within proposed project area except for a 3 - 4 wintergreen boxwoods (Buxus). Historic Architecture & Cultural Resources In accordance with the National Historic Preservation Act, we are aware of no known qualifying sites that exist or that will be impacted by work within the proposed project area. In addition, we are aware of no known Native American burial sites that exist or that will be impacted by the work within the proposed project area. Information regarding the site in located with attached Historic Architecture & Cultural Resources screening document. Impacts to Waters of the United States The proposed stream impact will be to a small perennial unnamed tributary to Stecoah Creek (Class C; Tr.). Stecoah Creek is shown on the USGS topographic map as a perennial stream. The unnamed tributary channel approximately 1.5 - 2 foot in width and is moderately defined with a substrate of cobble, gravel, sand and silt. The unnamed tributary currently has sufficient flow to support a few species of macroinvertebrates. The unnamed tributary flows into Stecoah Creek which flows into the Fontana Lake Reservoir. The Fontana Lake Reservoir meets the definition of a Traditional Navigable Water. For these reasons, we believe the unnamed tributary to Wolf Creek is under the jurisdiction of the United States Army Corps of Engineers. In order to construct the project, it will be necessary to impact waters of the United States it the Little Tennessee (HUC 060102020501). Specifically, we are requesting to install a culvert structure. Project impacts and dewatering device are identified on page 3 of 8 and 4 of 8 of culvert design plan. Listed below is a summary of the proposed impacts: Plan Site Number Existing Conditions Proposed Conditions Net Impacts Feet Site 1 UT to Stecoah Creek 24" Culvert (Permanent Impact) 148' Site 2 UT to Stecoah Creek Diversion Dike Temporary Flow Diversion Pipe 160' Permits Requested Stecoah Environmental Solutions hereby request authorization under section 404 of the Clean Water Act to proceed with the construction project outlined above. By copy of this letter, I am requesting the Western Review Coordinator of the North Carolina Wildlife Resources Commission (NCWRC), the North Carolina Division of Water Resources (NCDWR) and the United State Army Corps of Engineers for review, comment and issuance of applicable permits. Please contact our firm at (828) 508-7397 if there are any questions concerning the proposed project or need any additional information. Your prom review and consideration of this request will be greatly appreciated. DXR -,, pbblen of wMer Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance into the review process?* r, Yes C No Is this project a public transportation project?* O Yes O No Change only if needed. BIMS # Assigned* Version#* 20190357 1 Is a payment required for this project? C No payment required What amout is owed?* C Fee received C $240.00 6 Fee needed - send electronic notification C $570.00 Reviewing Office* Select Project Reviewer* Asheville Regional Office - (828) 296-4500 Kevin Mitchell:eads\rkmitchell Information for Initial Review 1a. Name of project: Ironhorse Project 1a. Who is the Primary Contact?* Patrick J. Breedlove (Stecoah Environmental Solutions) 1 b. Primary Contact Email:* stecoahenvironrriental@yahoo.com Date Submitted 3/18/2019 Nearest Body of Water Stecoah Creek Basin Little Tennessee Water Classification Class Q Tr. Site Coordinates Latitude: 35.38960 Longitude: -83.67684 tc. Primary Contact Phone:* (828)508-7397 A. Processing Information W County (or Counties) where the project is located: Graham Is this project a public transportation project?* O Yes G No 1a. Type(s) of approval sought from the Corps: V Section 404 Permit (wetlands, streams and waters, Clean Water Act) r- Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1 b. What type(s) of permit(s) do you wish to seek authorization? P Nationwide Permit (MNP) r- Regional General Permit (RGP) r- Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes f No Nationwide Permit (NWP) Number: 39 - Commercial/Institutional Developments NWP Numbers (for multiple NWPS): 33 - Temporary Construction 1d. Type(s) of approval sought from the DWR: V 401 Water Quality Certification - Regular r 401 Water Quality Certification - Egress r Non -404 Jurisdictional General Permit r Riparian Buffer Authorization r Individual Permit 1e. Is this notification solelyfor the record because written approval is not required? For the record onlyfor DWR 401 Certification: 4 Yes O No For the record only for Corps Permit: C Yes O No 1f. Is this an after -the -fact permit application?* d Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes f No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? O Yes O No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? O Yes M No 1j. Is the project located in a designated trout watershed? O Yes G No B. Applicant Information C^) 1d. Who is applying for the permit? ❑ Owner [Z Applicant (other than owner) le. Is there an Agent/Consultant for this project? O Yes C No 2. Owner Information 2a. Name(s) on recorded deed: Ironhorse Motorcycle Lodge 2b. Deed book and page no.: 165/335 2c. Responsible party: Jerry Goss 2d. Address Street Address 1755 Lower Stecoah Road Address Line 2 oty Robbinsville Postal / Zip Code 28771 2e. Telephone Number: (828)508-7397 2g. Email Address:* steroahenvironmental@yahoo.com 3. Applicant Information (if different from owner) 3a. Name: Patrick J Breedlove State / Rovirxx / Pagion North Carolina Country United States 2f. Fax Number: 3b. Business Name: 3c.Address Street Address 890 Panther Branch Road Address line 2 ay Bryson City Fbstal / Zip Code 28713 3d. Telephone Number: (828)508-7397 3f. Email Address:* stecoahenvironn)ental@yahoo.com Slate / Province / Pagion North Carolina Country United States 3e. Fax Number: C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Robbinsville 2. Project Identification 2a. Property Identification Number: 2c. Project Address Street Address 1755 Lower Stecoah Road Address Line 2 aty Robbinsville Postal / Zip Code 28771 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Stecoah Creek 3b. Water Resources Classification of nearest receiving water:* Class C; Tr. 3c. What river basin(s) is your project located in?* Little Tennessee 3d. Please provide the 12 -digit HUC in which the project is located. 060102020501 4. Project Description and History 2b. Property size: .33 State / RWnce / R9glon North Carolina (buntry United States 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:* Current eAsting condition are Ironhorse Motorcycle Lodge, parking areas for RV's, campground, small restaurant and staff buildings in a rural residential area. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* O Yes O No O Unknown 4d. Attach an 8 1/2X11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) Ironhorse Project - USGS Topo Map.pdf 2.59MB 4e. Attach an 81/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Ironhorse Project - NRCS Soil Map.pdf 410.33KB 4f. List the total estimated acreage of all existing wetlands on the property: 0.00 4g. List the total estimated linear feet of all existing streams on the property: 200 4h. Explain the purpose of the proposed project,* Proposed project is to install 148' linear feet of 24" diameter culvert in a small unnamed tributary to facilitate a 30'- 35' gravel road and turnaround area for commercial delivery vehicles and business traffic to the Ironhorse Lodge. 41. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* Contractor will utilize sand bags to install a diversion dike with a motorized pump to divert unnamed tributary out of project area. The 24" culvert will be assembled and stream channel Will be excavated to allows 20% embedment into channel. Backfill material will be placed onto culvert. Matting will be installed on fill slopes once final grading allows. Diversion dike will be removed an unnamed tributary will be allowed to flowthrough culvert. Equipment that will be used for construction will be: excavator, dump truck and various hand tools. 4j. Please upload project drawings for the proposed project. Ironhorse Project - Culvert Plan.pdf 1.07MB 5. Jurisdictional Determinations Sa. Have the wetlands or streams been delineated on the property or proposed impact areas? d Yes O No O Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* O Preliminary O Approved O Not Verified O Unknown 4 WA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d1. Jurisdictional determination upload Ironhorse Project - USACE PJD (Final).pdf 243.96KB 6. Future Project Plans 6a. Is this a phased project?* O Yes d No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed projector related activity? D. Proposed Impacts Inventory u 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): ❑ Wetlands W Streams -tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 3. Stream Impacts ❑ 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name* 3e. Stream Type * 3f. Type of 3g. S. width* 3h. Impact M Jurisdiction* length* Culvert Permanent Culvert :T;7 S1 31. Total jurisdictional ditch impact in square feet: 0 31. Total permanent stream impacts: 148 31 Perennial Both 2 Average (feet) 148 (lir�rfeet) 32 Diversion Temporary Dewatering Slte 2 Perennial Both 2 Average (feet) 160 (linear feet) stream impacts: 160 . Total stream and ditch impacts: 308 3j. Comments: 31. Total temporary E. Impact Justification and Mitigation �' 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: The culvert length was designed for the minimum length in which to adequately construct the gravel road and turnaround for large commercial delivery vehicles, RV's and Lodge traffic. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Erosion and sediment control devices will be installed as detailed in culvert plan prior to any ground disturbance occurs. A dewatering device will be installed during culvert construction. Utilizing these two measures will minimize any potential aquatic impacts. 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? r Yes C No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: Proposed project impacts do not exceed mitigation requirements. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes C No If no, explain why: Project is not located in a NC Riparian Buffer Protection Area 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes C No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? C Yes r No Comments: WA G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes C No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 21-1.0500), Isolated Wetland Rules (15A NCAC 21-1.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)7* C Yes C No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes C No 3b. If you answered "no," provide a short narrative description. Project is just to facilitate commercial traffic to the Ironhorse Lodge and should not impact downstream water quality. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes C No r WA 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* C Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* d Yes 4 No Sd. Is another Federal agency involved?* C Yes d No C Unknown 5e. Is this a DOT project located within Division's 1-8? C Yes O No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? O Yes 4 No 5g. Does this project involve bridge maintenance or removal? C Yes O No 5h. Does this project involve the construction/installation of a wind turbine(s)?* 4 Yes O No 51. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? O Yes O No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? U.S.F&WECOS Consultation Documentation Upload Ironhorse Project - USFW T & E Species.pdf 380.94KB Ironhorse Project - Environmental Evaluation & Cover Letter.pdf 160.16KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes d No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* 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 status?* C Yes O No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPO 7c. Historic or Prehistoric Information Upload Ironhorse Project - Historic Architecture & Cultural Resources Assessment.pdf 36.341E 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* C Yes O No Sc. What source(s) did you use to make the floodplain determination?* NC Flood Maps Miscellaneous Comments Miscellaneous attachments not previously requested. Ironhorse Project - Environmental Evaluation & Cover Letter.pdf 160.16KB Ironhorse Project - Site Photos.pdf 2.38MB Ironhorse Project - NC Stream ID Form.pdf 87.19KB Signature * m By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a 'transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the 'Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Patrick J Breedlove Signature Date 3/18/2019 Stecoah Environmental Solutions U.S. Army Corps of Engineers Agent Authorization Form ProperPropertv Legal Description: Deed Book/Page No: _ -165/335 _ plat Book/Page No: _ DO 0763 Street Address: 1755 lower Stecoah Road Robbinsville N.C. 28771 Property Owner: _ Jerry Goss Property Owner: The undersigned property owner(s) of the above noted property, do hereby authorize, Patrick J. Breedlove Of Stecoah Environmental Solutions LLC. (Contractor/Agent) (Consulting Firm) To act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard or special conditions attached. We here due cert that he above information submitted in this application is true and accurate to the bes f o r knowledge. re Ironhorse Project Graham County, North Carolina Site Photos Channel Cross -Section Location Looking Downstream Downstream End Station Looking Upstream 256690 35° 23'26!'N 1 rn M W_ O r 35° 2319" N 256690 256720 256750 256780 256810 256840 3 Map Scale: 1:1,500 if printed on A landscape (11" x 8.5") sheet. Meters m N 0 20 40 80 120 Feet 0 50 100 200 300 Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: UTM Zone 17N WGS84 UsDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey Soil Map—Graham County, North Carolina (Jerry Goss Site) 256720 256750 256780 256810 256840 256870 255000 256930 256960 M 256990 _ 35° 23'26'N �i �i O r 93 a F3 35° 2319" N 256990 3 3/13/2019 Page 1 of 3 256870 256900 256930 256960 MAP LEGEND Area of Interest (AOI) 0 Area of Interest (AOI) Soils 0 Soil Map Unit Polygons rwr Soil Map Unit Lines 0 Soil Map Unit Points Special Point Features Vo Blowout Borrow Pit Clay Spot Closed Depression Gravel Pit .14 Gravelly Spot 0 Landfill Lava Flow Marsh or swamp + Mine or Quarry Water Features Miscellaneous Water Perennial Water Streams and Canals Rock Outcrop Saline Spot 4 Sandy Spot Severely Eroded Spot — Sinkhole Source of Map: Natural Resources Conservation Service Slide or Slip oa Sodic Spot Soil Map—Graham County, North Carolina (Jerry Goss Site) MAP INFORMATION USDA Natural Resources Web Soil Survey 3/13/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Spoil Area The soil surveys that comprise your AOI were mapped at 1:12,000. Stony Spot Very Stony Spot Warning: Soil Map may not be valid at this scale. Wet Spot Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil Other line placement. The maps do not show the small areas of .- Special Line Features contrasting soils that could have been shown at a more detailed scale. Water Features Streams and Canals Please rely on the bar scale on each map sheet for map measurements. Transportation — Rails Source of Map: Natural Resources Conservation Service Web Soil Survey URL: rwr Interstate Highways Coordinate System: Web Mercator (EPSG:3857) US Routes Maps from the Web Soil Survey are based on the Web Mercator L Major Roads projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Local Roads Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. Background . Aerial Photography This product is generated from the USDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Graham County, North Carolina Survey Area Data: Version 16, Sep 10, 2018 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: Mar 20, 2015—Oct 26, 2017 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 3/13/2019 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Graham County, North Carolina Map Unit Legend Jerry Goss Site USDA Natural Resources Web Soil Survey 3/13/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI CwA Cullowhee-Ela complex, 0 to 3 percent slopes, occasionally flooded 0.5 64.3% EtA Ela silt loam, 0 to 2 percent slopes, occasionally flooded 0.3 35.7% Totals for Area of Interest 0.7 100.0% USDA Natural Resources Web Soil Survey 3/13/2019 Conservation Service National Cooperative Soil Survey Page 3 of 3 3° 42' 00 00" W 083° 41' 00.00" vy 083° 40' p0.00 M7 NY ESR gg$lyr ,rp"�w6A Qt z` ott` - r tQa..tjK SSR 9 _ t .to Z Ji -- o o /,} r / 4 o N `„AllCD ref • /" c Lf�1 l{ N Cl) LO iti .7)'t J. O F � �� �j ,- Ci t ` � y ,_.._ --.,fj f--. < t • f/" `', } 1 �. Y i ^, f �'3 \ t�'-� f .`sf $ , `t YX 71 jj �l Z-„'�r �. �.,f l� �/•--.•', .b �y, _� Z 0 CC i f ,,: l r�F .•J �' I. < �'r�� _ ,�...y� r [ t' '1, - CD O O err' 0 CY)i %"' r te . r ---I �'!� - LO O i - s .�`i 1 :f fes,, r"--- �!.. �`-S �t. Al t -�i ti.� ti F r f t` itil 483 $rgtc' .8oa-a_H7929 f _� �} .0 y f i^ Z o % p � 3 g12 ; C) J " O 1 C) / - CD i CO CD ..ice �; • f! nw .) •" r� ^tiw 9 V Edw r Cvm ;' 1 / y 4.� 4 P1 I t CEM N. divaYfts Gap } `BMA',LH„j y- H!(BL(tIi r QZ2• .' r , . Q � Z S COH}}>�_" f f t Z o "C - tt, , t,Ir.` aNKWS CEM o d i w l 0 3° 42 0.00" 083° 41 0.00" 83° 40 0.00" Copyright (C) 1997, Maptech, Inc. Re: Ironhorse Project Site Historic Architecture & Cultural Resources Assessment To Whom It May Concern, Based on the North Carolina State Historic Preservation Office HPO Web Service there are no historic properties located within the direct vicinity of the proposed project area. There are two structures located over 0.25 miles north of project area. GH0045 Walker Cabin (0.34 Miles North) and GH003 Jenkins Log Barn (0.41 Miles North). The project area has been developed by residential housing to the north and heavily developed to the west by the Ironhorse Motorcycle Lodge with the following structures: cabins, restaurant, staff maintenance buildings and parking areas. Eastern Band of Cherokee Indians property is located 2.83 miles west, adjacent to Stecoah Gap on Hwy. 143. A formal archaeological survey was not completed; however, intact resources are not expected to be present in the project area. Sincerely, PA;6 tc J. $zeeW"t Patrick J. Breedlove Environmental Planner/Project Manager Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Graham County, North Carolina Updated: 06-27-2018 Critical Habitat Designations: Appalachian elktoe - Alasmidonta raveneliana - The main stem of the Cheoah River (Little Tennessee River system), from the Santeetlah Dam, downstream to its confluence with the Little Tennessee River. Within these areas, the primary constituent elements include: (i) Permanent, flowing, cool, clean water; (ii)Geomorphically stable stream channels and banks; (iii)Pool, riffle, and run sequences within the channel; (iv)Stable sand, gravel, cobble, boulder, and bedrock substrates with no more than low amounts of fine sediment; (v)Moderate to high stream gradient; (vi)Periodic natural flooding; and (vii)Fish hosts, with adequate living, foraging, and spawning areas for them. Federal Register Reference: September 27, 2002, Federal Register, 67:61016-61040. Common Name Vertebrate: Appalachian cottontail Bald eagle Bo turtle urtle Carolina northern flying squirrel Cerulean warbler Eastern small -footed bat Gray bat Scientific name Sylvilagus obscurus Haliaeetus leucocephalus Glyptemys muhlenbergii Glaucomys sabrinus coloratus Dendroica cerulea Myotis leibii Myotis grisescens Federal Record Status Status FSC Current BGPA Current T (S/A) Current E Current FSC Current ARS Current E Probably/Potential Hellbender Cryptobranchus alleganiensis ARS Current Indiana bat Myotis sodalis E Current Junaluska salamander Eurycea junaluska FSC Current Northern pine snake Pituophis melanoleucus FSC Historic melanoleucus Northern long-eared bat Myotis septentrionalis T Current Northern saw -whet owl Aegolius acadicus pop. 1 FSC Current (Southern Appalachian population) Rafinesque's big -eared bat Corynorhinus rafinesquii FSC Current Red crossbill (Southern Loxia curvirostra FSC Probable/potential Appalachian) Seepage salamander Desmognathus aeneus ARS Current Spotfin chub (=turguise shiner) Erimonax monachus T Current Yellow -bellied sapsucker Sphyrapicus varius FSC Current (Southern Appalachian appalachiensis population) Invertebrate: Appalachian elktoe Alasmidonta raveneliana E Current Rusty -patched bumble bee Bombus affinis E Historic Southern Tawny Crescent Phyciodes batesii maconensis FSC Current butterfly a harvestman Fumontana deprehendor FSC Current Vascular Plant: Butternut Juglans cinerea FSC Current Granite dome goldenrod Solidago simulans FSC Current Smoky Mountains manna grass Glyceria nubigena FSC Current Virginia spiraea Spiraea virginiana T Current Nonvascular Plant: a hornwort Nothoceros aenigmaticus FSC Current a liverwort Plagiochila cuduciloba FSC Current a liverwort Plagiochila virginica var. FSC Current caroliniana a liverwort Plagiochila sharpii ARS Current a liverwort Plagiochila sullivantii var. FSC Current sullivantii a liverwort Porella wataugensis FSC Current Lichen: Rock gnome lichen Gymnoderma lineare E Current 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. ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species; although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting species proposed for listing. 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. Bald and Golden Eagle Protection Act (BGPA): 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 http://www.fws.gov/migratorybirds/baldeagle.htm Threatened due to similarity of appearance(T(S/A)): 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. 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. NC DWQ Stream Identification Form Version 4.11 Date: 3.2.2019 Project/Site: Ironhorse UT Latitude: 35.38960 Evaluator: Patrick Breedlove; Kevin Crane county: Graham Longitude: -83.67684 Total Points: Stream is at least intermittent 36.00 Stream Determination (cimWj=L Other if >_ 19 or perennial if >_ 30* Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal = 18.50 ) Absent Weak Moderate Strong 1"Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2) 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 Q3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 1 Li Yes = 3 3 6. Depositional bars or benches 7. Recent alluvial deposits 0 0 1 LJ 2 2 3 3 8. Headcuts 0 1 2 3 9. Grade control 10. Natural valley 11. Second or greater order channel 0 0 No 0.5 .5 = 0 1 1 Yes = 3 1.5 1.5 Q artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 9.00 ) 12. Presence of Baseflow 0 1 2 0 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 11 0.5 0 15. Sediment on plants or debris 0 0.5 11 3 1.5 16. Organic debris lines or piles 0 0.5 1 23. Crayfish 1.5 17. Soil -based evidence of high water table? 1 No = 0 Yes = 3 0 C. Biology (Subtotal = 8.50 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 r0 -51 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 10ther = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Above average seasonal rainfall. Sketch: DocuSign Envelope ID: AFC75286-81BE-4A7F-8BAB-F5E2E24BAF94 Appendix 1 - REQUEST FOR CORPS JURISDICTIONAL DETERMINATION (JD) To: District Name Here • 1 am requesting a JD on property located at: 1755 Lower Stecoah Road (Street Address) City/Township/Parish: Robbinsville County: Graham State: NC Acreage of Parcel/Review Area for JD: 1.00 Section: Township: Stecoah Range: Latitude (decimal degrees): 35.38960 Longitude (decimal degrees): -83.67684 (For linear projects, please include the center point of the proposed alignment.) Please attach a survey/plat map and vicinity map identifying location and review area for the JD. 01 currently own this property. _ I plan to purchase this property. 01 am an agent/consultant acting on behalf of the requestor. =Other (please explain): Reason for request: (check as many as applicable) 01 intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. Q I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. QI intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. Q I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. 01 intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. DA Corps JD is required in order to obtain my local/state authorization. = I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. Q I believe that the site may be comprised entirely of dry land. Q Other: Type of determination being requested: 01 am requesting an approved JD. 01 am requesting a preliminary JD. 01 am requesting a "no permit required" letter as I believe my proposed activity is not regulated. I am unclear as to which JD I would like to request and require additional information to inform my decision. By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property rights to request a JD on the subject property. DocuSigned by: *Signature: Date: 3.2.2019 "134Z i • Typed or printed name: Patrick J. Breedlove Company name: Stecoah Environmental Solutions LLC Address: 890 Panther Branch Road Bryson City, N.C. 28713 Daytime phone no.: 828-508-7397 Email address: stecoahenvironmental@yahoo.com *Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act, Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332. Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USACE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. DocuSign Envelope ID: AFC75286-81BE-4A7F-8BAB-F5E2E24BAF94 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3.2.2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Patrick Breedlove 890 Panther Branch Rd. Bryson City N.C. 28713 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Graham City: Robbinsville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.38960 Long.: -83.67684 Universal Transverse Mercator: 256868, 3919540; Zone 17 Name of nearest waterbody: UT t0 SteCOah Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑■ Office (Desk) Determination. Date: 3.2.2019 ❑■ Field Determination. Date(s): 3.2.2019 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Site 1 35.38960 -83.67684 200 linear feet Non -Wetland 404 DocuSign Envelope ID: AFC75286-81BE-4A7F-8BAB-F5E2E24BAF94 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: DocuSign Envelope ID: AFC75286-81BE-4A7F-8BAB-F5E2E24BAF94 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:SES Project Plans, USGS Topo Map ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑ U.S. Geological Survey map(s). Cite scale & quad name: Natural Resources Conservation Service Soil Survey. Citation: Web Soil Survey ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: ❑■ Photographs: ❑ Aerial (Name & Date): or 0 Other (Name & Date): 3.2.2019 (National Geodetic Vertical Datum of 1929) ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD aDo�c�uyS,�/ i/g-nedby: y � � � /,� � � 669702873F9B421... Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action.