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
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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.