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HomeMy WebLinkAbout20190612 Ver 1_PCN Form Submission_20190506DWR IDIOM a of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 Initial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* r Yes r No Change only if needed. BIMS # Assigned 20190612 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Select Project Reviewer* Sue Homewood:eads\slhomevvood Information for Initial Review 1a. Name of project: Academy St Apartment Development 1a. Who is the Primary Contact?* Adam Williams, Brushy Fork Environmental Consulting, Inc 1b. Primary Contact Email:* adam@bfec.org Date Submitted 5/6/2019 Nearest Body of Water Unnamed tributary of Naked Creek Basin New Water Classification C+ Site Coordinates Latitude: Longitude: 36.418061 -81.469465 A. Processing Information County (or Counties) where the project is located: Ashe Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? W Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) Version#* 1 Reviewing Office* Winston-Salem Regional Office - (336) 776- 9800 1c. Primary Contact Phone:* (423)727-4476 1c. Has the NWP or GP number been verified by the Corps? r Yes r' No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: 9 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 29 - Residential Developments 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: F 401 Water Quality Certification - Express F Riparian Buffer Authorization 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes (-- No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment 1h. Is the project located in any of NC's twenty coastal counties? r Yes t: No 1j. Is the project located in a designated trout watershed? F Yes r No B. Applicant Information 1d. Who is applying for the permit? 9 Owner V Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Calloway Properties LLC 2b. Deed book and page no.: 395/1246 2c. Responsible party: 2d. Address Street Address 108 Brookside Drive Address Line 2 City West Jefferson Postal / Zip Code 28694 2e. Telephone Number: (336)977-3521 2g. Email Address:* allen@allenyatesrealty.com 2a. Name(s) on recorded deed: Allen and Sharon Yates 2b. Deed book and page no.: 489/134 State/ Rovince / Region NC Country USA 2f. Fax Number: r Yes C No r Yes r: No 2c. Responsible party: 2d. Address Street Address 672 Modock Rd Address tine 2 aty Trade Fbstal / Zip Code 37691 2e. Telephone Number: (828)264-5960 2g. Email Address:* allen@allenyatesrealty.com 3. Applicant Information (if different from owner) 3a. Name: Allen Yates 3b. Business Name: Allen Yates Realty 3c. Address Street Address 672 Modock Rd Address Line 2 aty Trade Postal / Zip Code 37691 3d. Telephone Number: (828)264-5960 3f. Email Address:* allen@allenyatesrealty.com C. Project Information and Prior Project History 1. Project Information 1b. Subdivision name: (if appropriate) 1c. Nearest municipality/ town: Jefferson 2. Project Identification State/ Rovince / F�eegioo TN Country USA 2f. Fax Number: State / Rovince / Region TN Country USA 3e. Fax Number: 2a. Property Identification Number: 2b. Property size: 09263001881;09263001882 0.521;0.816 2c. Project Address Street Address 337 Academy St Address Line 2 Gy State / Rovince I Region Jefferson NC Postal / Zip Code Country 28640 USA 3. Surface Waters 3a. Name of the nearest body of water to proposed project:* Unnamed tributary of Naked Creek 3b. Water Resources Classification of nearest receiving water:* C+ 3c. What river basins) is your project located iri New 3d. Please provide the 12 -digit HUC in which the project is located. 050500010207 4. Project Description and History 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* The property is located in the town of Jefferson, North Carolina within a residential neighborhood containing single family homes and small apartment complexes. An existing apartment building is located on the south side of the property. The property is being maintained in grass with a few scattered shrubs and trees. An intermittent unnamed tributary flows from south to north 209 feet across the central portion of the property; flow becomes subsurface and the feature is classified as an ephemeral stream for the last 84 feet at the northern end of the property. Land uses in the broader vicinity primarily include woodlands, the small towns of Jefferson and West Jefferson, small scale agricultural operations, and scattered residential development. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* r Yes f No C 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) Location Map.pdf 671.3 KB 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) Academy_Street_Soil_Map.pdf 345.72KB 4f. List the total estimated acreage of all existing wetlands on the property: 0 4g. List the total estimated linear feet of all existing streams on the property: 209 4h. Explain the purpose of the proposed project:* The proposed project will construct three newapartment buildings and two parking areas in West Jefferson, NC. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* As shown in the attached site plan, a parking lot will be constructed in the area where the intermittent stream exits an existing 15" CMP. The stream will be picked up in a new proposed junction box and routed 121 In ft through 18" HDPE culvert between the two planned apartment buildings. The culvert will surface north of the two buildings and the remaining 88' of undisturbed stream will flow along the original channel, west of the third proposed apartment building. A proposed headwall will pick up non -jurisdictional surface flow and route it beneath the northern parking lot north of the end of the intermittent stream. A variety of heavy equipment will be used in the completion of this project and may include dump trucks, skid steers, track hoes, back hoes, and other equipment. 4j. Please upload project drawings for the proposed project. C-1 DEQ SITE PLAN 05-06-19.pdf 842.82KB 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r• Yes r No r Unknown Comments: 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r NIA Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Josselyn Lucas, WPIT Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc Other: 5d1. Jurisdictional determination upload Combined Report wth Appendlces.pdf 4.91 MB 6. Future Project Plans 6a. Is this a phased project?* r Yes r 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 project or related activity? No D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): T Wetlands J Streams -tributaries r Buffers F Open Waters 17 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 (?) Jurisdiction* length* S1 Apartment construction Permanent Culvert Unnamed tributary Naked Intermittent Both 2 121 P Y Creek Average (feet) (linear feet) 3i. Total jurisdictional ditch impact in square feet: 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 121 0 3i. Total stream and ditch impacts: 121 3j. Comments: This stream was rated using the NC SAM Rating Sheet (misc. attachments) and overall function was found to be low, with no individual metrics rated above medium. It has been highly modified in the past, and currently emerges from a culvert under an existing apartment building into a channelized ditch across a maintained lawn with little natural vegetation. The intermittent stream channel becomes ephemeral after 209 linear feet of surface flow. Due to the lack of connectivity with the larger watershed and existing poor conditions of this stream, the impacts to this reach will have minimal effect on the downstream watershed. 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 stream location was considered as a factor when planning the location of the three apartment buildings. Although all three apartment buildings could not be placed to avoid stream impacts, the northernmost apartment was planned near the eastern property boundary to avoid impacting the 88' at the downstream extent of the intermittent unnamed tributary. In -watershed sedimentation will be minimized by limiting in -stream construction activities to the minimum required to install the culvert. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: Strict erosion and sediment control standards will be upheld during construction to reduce impacts to aquatic resources. Disturbance of the stream shall be held to the minimum necessary to allowfor construction of the apartments and parking areas. Any disturbed areas will be stabilized and seeded within one day of completion of construction activities. 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 r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: The stream impact length is less than the 300 linear foot compensatory mitigation threshold. 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 6 No If no, explain why: Project site is not within NC Riparian Buffer Protection Areas. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r. No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No 2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater program? r Yes r No 3. Stormwater Requirements 3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause degradation of downstream surface waters.* Stormwater Management r Antidegradation Plan Calculations 3b. Stormwater Management Plan 3c. Antidegradation Calculations: Stormwater Write UP.pdf 165.37KB Comments: Less than 150 linear feet of impact is proposed. Less than one acre of ground disturbance is also proposed. Per threshold "g" one of the criteria is to disturb one or more acre of land and this project does not meet this criteria. 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 r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H.1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No 3. Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. This project will develop three new apartment buildings and parking areas on the property. No additional development is anticipated following project completion. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor 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?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No r Unknown 5e. Is this a DOT project located within Division's 1-8? r Yes r No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? r Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No 5h. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? The USFWS online critical habitat mapper was used to determine that the nearest critical habitat to the project site is over 25 miles away. BFEC completed the USFW IPaC regulatory review process. BFEC then reviewed information for each species on the Raleigh Ecological Services Field Office page and USFW fact sheets. Habitat requirements are not met at this site for any of the species on the list. No known caves or trees suitable for bat maternity roosts are known to be present on the site. Consultation Documentation Upload Species List_ Asheville Ecological Services Field Office.pdf 260.83KB 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* C Yes s No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* NOAA 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 s No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* NC HPOWeb GIS Service. This map shows a historic site on a neighboring property, but no SHPO sites on the project property itself. 7c. Historic or Prehistoric Information Upload SHPO Map.pdf 8. Flood Zone Designation (Corps Requirement) 219.63KB 8a. Will this project occur in a FEMA -designated 100 -year floodplain?* C Yes b No 8c. What source(s) did you use to make the floodplain determination?* FEMA Flood Map Service Center - Flood Map 3710297800J Miscellaneous Comments Photosheets can be found in the attached "Combined Report with Appendices" for the jurisdictional determination at this site. Miscellaneous attachments not previously requested. F IRMETTE. pdf 469.43KB Academy St NC SAM final.pdf 110KB Academy St USACE Submittal Coversheet.pdf 73.83KB PJD_5.6.19.pdf 38.72KB Signature * W 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: Adam Williams Signature rkdIL u/6Res Date 5/6/2019 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 096263001-882 STREET ADDRESS: 337 Academy Street, Jefferson, NC 28640 Property Owner: Allen and Sharon Yates The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of Brushy Fork Environmental Consulting, Inc. (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 and special conditions attached. Property Owner's Address (if different than property above): 643 Greenway Road, Boone, NC 28607 Telephone: 828-964-0089 We hereby certify the above information submitted in this application is true and accurate to t he ?NMl 1drbiFAlM?s DN: cn=A len Lee Yates, o=A Yates Realty, ou, email=Allen@allenyatesrealty.com, c=US Date: 2019.05.02 16:28:07 -04'00' Authorized Signature: 5-2-2019 Date: DocuSign Envelope ID: 43AA77C2-E57D-40E3-8084-A3F6D46A7921 AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A PLAN NO. N/A PARCEL ID: 09623-001-529 STREET ADDRESS: Academy St Jefferson, NC Property Owner: Calloway Properties LLC The undersigned, registered property owners of the above noted property, do hereby authorize Adam Williams , of _Brushy Fork Environmental Consulting, Inc. (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 and special conditions attached. Property Owner's Address (if different than property above): 108 Brookside Dr., West Jefferson, NC Telephone: 336-977-3521 We hereby certify the above information submitted in this application is true and accurate to the best of our knowledge. DocuSigned by: i9d'MgMure: Date: 5/6/2019 Corps Submittal Cover Sheet Please provide the following info: 1. Project Name Academy St Apartment Development 2. Name of Property Owner/Applicant: Calloway Properties; Allen & Sharon Yates 3. Name of Consultant/Agent: Adam Williams PWS, BFEC Inc. *Agent authorization needs to be attached. 4. Related/Previous Action ID number(s): 5. Site Address: Academy St 6. Subdivision Name: 7. City: Jefferson 8. County: Ashe 9. Lat: 36.418061 Long: -81.469465 (Decimal Degrees Please) 10. Quadrangle Name: Jefferson NC 11. Waterway: UT Naked Creek 12. Watershed: Naked Creek - South Fork New River 13. Requested Action: x Nationwide Permit # 29 General Permit # Jurisdictional Determination Request — Pre -Application Request The following information will be completed by Corps office: Prepare File Folder Assign number in ORM Authorization: Section 10 Project Description/ Nature of Activity/ Project Purpose: Site/Waters Name: Keywords: Section 404 Begin Date Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3/12/2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Allen Yates; 643 Greenway Rd, Boone, NC 28607 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: Ashe City: Jefferson Center coordinates of site (lat/long in degree decimal format): Lat.: 36.418107 Long.: -81.469441 Universal Transverse Mercator: Name of nearest waterbody: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑■ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) la 36.417846 -81.469395 -209 ft intermittent non wetland waters 404 1 b 36.418451 -81.469518 -84 ft ephemeral non wetland waters 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ❑ 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: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ❑ Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD 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. National Flood Hazard Layer FI RMette 36°25'19.50"N (U= FEMA Legend SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT 0 250 500 1,000 1,500 2,000 V Without Base Flood Elevation (BFE) Zone A. V. A99 SPECIAL FLOOD With BFE or Depth zone AE Ao, AH, VE, AR HAZARD AREAS Regulatory Floodway� 1%Annual Chance Flood Hazard, Areas of of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mile zonex Future Conditions 1% Annual Chance Flood Hazard zonex a� Area with Reduced Flood Risk due to OTHER AREAS OF Levee. See Notes. zonex FLOOD HAZARD Area with Flood Risk due to Leveezone D NO SCREEN Area of Minimal Flood Hazard zonex Q Effective LOMRs OTHER AREAS Area of Undetermined Flood Hazard zone D GENERAL - — - - Channel, Culvert, or Storm Sewer STRUCTURES IIIIIII Levee, Dike, or Floodwall R Zo'2 Cross Sections with i% Annual Chance 77.5 Water Surface Elevation o- - - Coastal Transect —613.x.,,,. Base Flood Elevation Line (BFE) Limit of Study Jurisdiction Boundary -- --- Coastal Transect Baseline OTHER _ Profile Baseline FEATURES Hydrographic Feature U Digital Data Available N 0 No Digital Data Available MAP PANELS ® Unmapped p The pin displayed on the map is an approximate 1� point selected by the user and does not represent an authoritative property location. This map complies with FEMA's standards for the use of digital flood maps if it is not void as described below. The basemap shown complies with FEMA's basemap accuracy standards The flood hazard information is derived directly from the authoritative NFHL web services provided by FEMA. This map was exported on 4/23/2019 at 1:29:55 PM and does not reflect changes or amendments subsequent to this date and time. The NFHL and effective information may change or become superseded by new data over time. This map image is void if the one or more of the following map elements do not appear: basemap imagery, flood zone labels, legend, scale bar, map creation date, community identifiers, FIRM panel number, and FIRM effective date. Map images for unmapped and unmodernized areas cannot be used for regulatory purposes. Academy St SHPO Map ` I F •�{ r Y' M_ _ dp ,, r y An, -L' April 23, 2019 1:1,862 0 0.01 0.03 0.05 mi NR Points NRHD Center Point � NR Individual Listing 0 0.02 0.04 0.08 km Microsoft NR Listing, Gone 1 2910 / / — 2910 -2912 / PROPOSED HEADWALL TO PICK-UP" N ON -JURISDICTIONAL SURFACE FLOW END OF STREAM \ 88' OF U_I '6I-STLL�BED STREAM I END STREAM CULVERT \ I \ 1 I \ � 121' OF STREAM IMPACT REROUTE STREAM VIA 18 HDPE A \ ASSOCIATED BOXES 1 �. \� m -� END OF EXISTING 15" CMP 11ND BEG NNING OF STREAM. PICK UPTREAM I NEW PROPOSED JUNCTION BOXES ND 18" HDPE TO REROUT-E-AROLLNIZUILD GSr / X4' OF /N-J�UR CTIONIA'L CHANNEL / I I C 1 I I I I I ' I I I I — a / 209' OF JURISDICTIONH-I&HANNEL 300 2928 , 2926 / \ — / A — — 2928 2930 — 2932 2934 2936 e e x' -1102.1N EXISTING 15" CMP C YING TREAM \ \ �g5,0 - - \2 25 1 2952 _ 2952 \ \�� 2954 — 29 6 TOTAL SITE AREA: 1.834 ACRES TOTAL DISTU ED AREA: 0.943 ACRES � LEGEND 2960 PROPOSED CONCRETE \ \ � / PARKING COUNT PROPOSED TRAFFIC SIGN =moo. PAINTED TRAFFIC ARROWS PROPERTY LINE ADJACENT PROPERTY LINE 01 • Know what's below Call before you dig Academy Street Apartments ADDRESS: 337 Academy Street Jefferson, NC 28640 DEVELOPER: Allen Yates Realty CONTACT: MR. ALLEN YATES ENGINEER: LOR ENGINEERING 215 Boone Heights Drive, Ste. 107 Boone, NC 28607 828-262-9807 www.valorengineering.com SEAL: .P�H CAq0 �06p ESS16 9*/,P v,9s.-, NEEP.• ; O 05/03/19 REVISIONS DATE PROJECT MANAGER: JEG DRAWING BY: JEG JURISDICTION: ASHE COUNTY DATE: 05/03/19 SHEET TITLE: DEQ SITE PLAN SHEET NUMBER: C-1.0 SCALE: I'= 20' 20 10 0 20 40 SCALE IN FEET FILE NUMBER: 092-001 Soils Ma Ir � ice.. . . b — BUC ;T4i-t_ I Braddock -Urban Land Complex 0 15 30 60 90 120 y, Feet ;x Subject Property I.pis not to be construed as surveyed data. All boundaries are approximate GIS data taken from public data sources. BFEC 2019. Per threshold "g" on Page 2 of the NC General Certification No. 4139 the criteria is to "disturb one or more acre of land..." This project does not meet this criteria therefore does not require a stormwater management plan or antidegradation calculations. les user manual version Z. i INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary measurements were performed. Seethe NC SAM User Manual for examples of additional measurements that maybe relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECT/ SITE INFORMATION: 1. Project name (if any): Academy St Project 2. Date of evaluation: 4/10/19 3. Applicantlowner name: Allen Yates 4. Assessor name/organization: BFEC 5. County: Ashe 6. Nearest named water body 7. River Basin: New on USGS 7.5 -minute quad: West Jefferson 8. Site coordinates (decimal degrees, at lower end of assessment reach): 36.418354, -81.469517 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): 1a 10. Length of assessment reach evaluated (feet): -300 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 0.8 r Unable to assess channel depth. 12. Channel width at top of bank (feet): 2 13. Is assessment reach a swamp stream? Yes r". No 14.Feature type: C' Perennial Intermittent flow r." Tidal Marsh Stream STREAM RATING INFORMATION: 15. NC SAM Zone: r Mountains (M) r Piedmont (P) rl Inner Coastal Plain (I)" Outer Coastal Plain (0) 16. Estimated geomorphic L j valley shape (skip for r, a ��� b Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip � Size 1 (< 0.1 mF) r" Size 2 (0.1 to < 0.5 mF) Size 3 (0.5 to < 5 mi`) Size 4 (>_ 5 min) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? F.', Yes r', No If Yes, check all that appy to the assessment area. r Section 10 water r Classified Trout Waters r Water Supply Watershed ( r I r II r III r11V r V) r Essential Fish Habitat r Primary Nursery Area r High Quality Waters/Outstanding Resource Waters r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters r Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC) r Documented presence of a federal and/or state listed protected species within the assessment area. List species: r Designated Critical Habitat (list species): 19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? r'! Yes r' No 1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) r Water throughout assessment reach. [T B No flow, water in pools only - r, C No water in assessment reach. 2. Evidence of Flow Restriction - assessment reach metric M A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates). �B Not 3. Feature Pattern - assessment reach metric r A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert) - r", B ulvert).r",B Not A- 4. Feature Longitudinal Profile - assessment reach metric A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). rB Not 5. Signs of Active Instability - assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). r A < 10% of channel unstable B 10 to 25% of channel unstable C > 25% of channel unstable 6. Streamside Area Interaction - streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB A JA Little or no evidence of conditions that adversely affect reference interaction E, B E, B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) �+ C r.- C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absentor assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors - assessment reach/intertidal zone metric Check all that apply. r A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) r B Excessive sedimentation (burying of stream features or intertidal zone) r r C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem r D Odor (not including natural sulfide odors) r E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch" section. r F Livestock with access to stream or intertidal zone r G Excessive algae in stream or intertidal zone r H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.) r I Other: Low quality urban/residential runoff (explain in "Notes/Sketch" section) r J Little to no stressors 8. Recent Weather -watershed metric For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours B Drought conditions and rainfall exceeding 1 inch within the last 48 hours �+ C No drought conditions 9 Large or Dangerous Stream - assessment reach metric Yes r No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition). 10. Natural In -stream Habitat Types - assessment reach metric 10a. r Yes r No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) r A Multiple aquatic macrophytes and aquatic mosses m m r F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F m r G Submerged aquatic vegetation r B Multiple sticks and/or leaf packs and/or emergent o T r H Low -tide refugia (pools) vegetation L o r 1 Sand bottom r C Multiple snags and logs (including lap trees) L r J 5% vertical bank along the marsh r D 5% undercut banks and/or root mats and/or roots O r K Little or no habitat in banks extend to the normal wetted perimeter r E Little or no habitat ****************************.—REMAINING QUESTIONS ARE NOTAPPLICABLE FOR TIDAL MARSH STREAMS**************************' 11. Bedform and Substrate -assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) l l a. r.", Yes r No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11 b. Bedform evaluated. Check the appropriate box(es). r A Riffle -run section (evaluate 11 c) r B Pool -glide section (evaluate 11d) r C Natural bedform absent (skip to Metric 12, Aquatic Life) 11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach - whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _ absent, Rare (R) = present but!- 10%, Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P r ] r r r Bedrock/saprolite rJ r] r r. Boulder (256 - 4096 mm) r Cobble (64 - 256 mm) r Gravel (2 - 64 mm) Sand (.062 - 2 mm) Silt/clay (< 0.062 mm) r r r r Detritus r. rJ r. r r. Artificial (rip -rap, concrete, etc.) 11 d. rte' Yes r. No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life - assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12a. r'Yes r. No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. r No Water r Other: 12b. r' Yes r No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and 'taxa" for size 3 and 4 streams - Adult frogs treams. Adultfrogs r r Aquatic reptiles r r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) r r Beetles (including water pennies) r r Caddisfly larvae (Trichoptera [T]) F' r Asian clam (Corbicula ) r r Crustacean (isopod/amphipod/crayfish/shrimp) r r Damselfly and dragonfly larvae r r Dipterans (true flies) r r Mayfly larvae (Ephemeroptera [E]) r r Megaloptera (alderfly, fishily, dobsonfly larvae) F' r Midges/mosquito larvae r r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) r r Mussels/Clams (not Corbicula ) r r Otherfish r r Salamanders/tadpoles r r Snails r r Stonefly larvae (Plecoptera [P]) r r Tipulid larvae r r r r Worms/leeches 13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. Wooded LB RB LB RB A A Little or no alteration to water storage capacity over a majority of the streamside area B B Moderate alteration to water storage capacity over a majority of the streamside area C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill, r D D soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB A r'A Majority of streamside area with depressions able to pond water>_ 6 inches deep B B Majority of streamside area with depressions able to pond water 3 to 6 inches deep C C Majority of streamside area with depressions able to pond water < 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB r r'Y Are wetlands present in the streamside area? �+ N N 16. Baseflow Contributors —assessment reach metric (skip for size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. r A Streams and/or springs (jurisdictional discharges) r B Ponds (include wet detention basins, do not include sediment basins or dry detention basins) r C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam) r D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage) F E Stream bed or bank soil reduced (dig through deposited sediment if present) r F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) r B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) r C Urban stream (>_ 24% impervious surface for watershed) F7 D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach r E Assessment reach relocated to valley edge r F None of the above 18. Shading — assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. r A Stream shading is appropriate for stream category (may include gaps associated with natural processes) r B Degraded (example: scattered trees) C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB r A r A r A r A > 100 -feet wide or extends to the edge of the watershed r B r B r B r B From 50 to < 100 -feet wide r C r- C r C r- C From 30 to < 50 -feet wide r D D r D D From 10 to < 30 -feet wide E E r." E E < 10 -feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width). LB RB A A Mature forest B B Non -mature woody vegetation or modified vegetation structure C C Herbaceous vegetation with or without a strip of trees < 10 feet wide r D r D Maintained shrubs E E Little or no vegetation Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: r Abuts < 30 feet 30-50 feet LB RB LB RB LB RB rA rA rA rA r rA �+ B B r B B r B r C r -C r C r -C C7C r -C r'D r;D r'D r;D r r;D Row crops Maintained turf Pasture (no livestock)/commercial horticulture Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB rA rA Medium to high stem density r B r B Low stem density C , C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 -feet wide. LB RB A A The total length of buffer breaks is < 25 percent. B B The total length of buffer breaks is between 25 and 50 percent. C C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition —First 100 feet of streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. B B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. M C M C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. r_ Yes r_." No Was a conductivity measurement recorded? If No, select one of the following reasons. r". No Water r". Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). A <46 r". B 46 to < 67 r". C 67 to < 79 r, D 79 to < 230 r] E >> 230 NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name Academy St Project Date of Evaluation Stream Category Mb1 Assessor Name/Organization Notes of Field Assessment Form (Y/N) Presence of regulatory considerations (Y/N) Additional stream information/supplementary measurements included (Y/N) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) 4/10/19 BFEC NO YES NO Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access LOW LOW (4) Wooded Riparian Buffer LOW LOW (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport LOW LOW (4) Stream Geomorphology LOW LOW (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation LOW LOW (3) Upland Pollutant Filtration LOW LOW (3) Thermoregulation LOW LOW (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance LOW NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW LOW (2) In -stream Habitat LOW LOW (3) Baseflow MEDIUM MEDIUM (3) Substrate LOW LOW (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW LOW (2) Stream -side Habitat LOW LOW (3) Stream -side Habitat LOW LOW (3) Thermoregulation LOW LOW (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone Habitat NA NA Overall LOW LOW United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 hU://www.fws.gov/nc-es/es/count fr In Reply Refer To: Consultation Code: 04EN1000-2019-SLI-0283 Event Code: 04EN1000-2019-E-00750 Project Name: Academy St Apartment Development 71. Fisdi s WIIJJUrV. 14L'][ ,N,pf t April 26, 2019 Subject: List of threatened and endangered species that may occur in your proposed project location, and/or may be affected by your proposed project To Whom It May Concern: The attached species list identifies threatened, endangered, proposed and candidate species, as well as proposed and final designated critical habitat, that may occur within the boundary of your proposed project and/or may be affected by your proposed project. Although not required by section 7, many agencies request species lists to start the informal consultation process and begin their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.). This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/ cntylist/nc_counties.html. The AFO website list includes "species of concern" species that could potentially be placed on the federal list of threatened and endangered species in the future. Also available are: Design and Construction Recommendations https://www.fws. gov/asheville/htmis/project_ review/Recommendations.html Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant_surve, Northern long-eared bat Guidance https://www.fws. gov/asheville/htmis/project_review/NLEB_ in_WNC.html Predictive Habitat Model for Aquatic Species https://www.fws. gov/asheville/htmis/Maxent/Maxent.httnl 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 New information based on updated surveys, changes in the abundance and distribution of species, changed habitat conditions, or other factors could require modifications of these lists. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act, the accuracy of the species lists should be verified after 90 days. This verification can be completed formally or informally as desired. The Service recommends that verification be completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each county list with the day of the most recent update/change) at regular intervals during project planning and implementation for updates to species lists and information. An updated list may be requested through the ECOS-IPaC system by completing the same process used to receive the enclosed list or by going to the AFO website. The purpose of the Act is to provide a means whereby threatened and endangered species and the ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to utilize their authorities to carry out programs for the conservation of threatened and endangered species and to determine whether projects may affect threatened and endangered species and/or designated critical habitat. A Biological Assessment is required for construction projects (or other undertakings having similar physical impacts) that are major Federal actions significantly affecting the quality of the human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c)). For projects other than major construction activities, the Service suggests that a Biological Evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website at https://www.fws.gov/asheville/htmis/project_review/assessment_guidance.html. If a Federal agency (or their non-federal representative) determines, based on the Biological Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and proposed critical habitat be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or license applicants, can be found in the "Endangered Species Consultation Handbook" at: http:// www.fws.gov/endangered/esa-libraQL/Vdf/TOC-GLOS.PDF. Though the bald eagle is no longer protected under the Endangered Species Act, please be aware that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16 U.S.C. 668 etseq.), and projects affecting these species may require additional consultation (see Ilps://www.fws.gov/southeast/our-services/Tennits/eagles/). Wind energy projects should follow the wind energy guidelines (http://www.fws.gov/windenerU/) for minimizing impacts to migratory birds (including bald and golden eagles) and bats. Guidance for minimizing impacts to migratory birds for projects including communications towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http:// 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 3 www.fws. o� r oQ birds/CurrentBirdIssues/Hazards/towers/towers.htm; http://www.towerkill.com; and http://www.fws. o� r ol3 birds/CurrentBirdIssues/Hazards/ towers/comtow.html. We appreciate your concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Tracking Number in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List • Migratory Birds • Wetlands 04/26/2019 Event Code: 04EN1000-2019-E-00750 Official Species List This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the requirement for Federal agencies to "request of the Secretary of the Interior information whether any species which is listed or proposed to be listed may be present in the area of a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 Project Summary Consultation Code: 04EN1000-2019-SLI-0283 Event Code: 04EN1000-2019-E-00750 Project Name: Academy St Apartment Development Project Type: DEVELOPMENT Project Description: The subject property is 1.34 acres in size and is located off of Academy St in Jefferson, NC. Currently there is an existing apartment building on the south side of the property, while the northern portion is maintained primarily in grass with some areas of brush and trees. The landowners plan to build three additional apartment buildings on the property and two parking lots to provide parking for the apartments. An existing 204' intermittent stream on the property will be culverted in the proposed development area. Project Location: Approximate location of the project can be viewed in Google Maps: https: www.google.com/maps/place/36.41794614114858N81.46944101046614W Counties: Ashe, NC ,71 KA 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 3 Endangered Species Act Species There is a total of 10 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAM L STATUS Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/2657 Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 04/26/2019 Flowering Plants Event Code: 04EN1000-2019-E-00750 NAML- STATUS Blue Ridge Goldenrod Solidago spithamaea Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5821 Heller's Blazingstar Liatris helleri Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/5962 Roan Mountain Bluet Hedyotis purpurea var montana Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1087 Spreading Averts Geum radiatum Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6854 Swamp Pink Helonias bullata Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws. og v/ecp/species/4333 Virginia Spiraea Spiraea virginiana Threatened No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1728 Lichens NAME STATUS Rock Gnome Lichen Gymnoderma lineare Endangered No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/3933 Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 04/26/2019 Migratory Birds Event Code: 04EN 1 000-2019-E-00750 Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Mi rg atony Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E -bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Canada Warbler Cardellina canadensis Breeds May 20 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 10 continental USA and Alaska. Kentucky Warbler Oporornis formosus Breeds Apr 20 to Aug 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska. Wood Thrush Hylocichla mustelina Breeds May 10 to Aug This is a Bird of Conservation Concern (BCC) throughout its range in the 31 continental USA and Alaska. 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 Probability Of Presence Summary The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Each green bar represents the bird's relative probability of presence in the l Okm grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4 -week months.) A taller bar indicates a higher probability of species presence. The survey effort (see below) can be used to establish a level of confidence in the presence score. One can have higher confidence in the presence score if the corresponding survey effort is also high. How is the probability of presence score calculated? The calculation is done in three steps: The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25. 2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2. 3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score. Breeding Season ( ) Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area. Survey Effort (1) Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys. No Data (—) A week is marked as having no data if there were no survey events for that week. Survey Timeframe 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 3 Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas off the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Canada Warbler '—" 1'1L --- BCC Rangcwidc (CON) sccKentxa gewide CON) ucky — — — — — — — — — — — — --��— — — — - - — — - - — — - --- Wood Thrush (CON) --- Additional information can be found using the following links: • Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php • Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/ mana e�project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws. og v/mi rg ator by irds/pdf/ management/nationwidestandardconservationmeasures.pdf Migratory Birds FAQ Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds. Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures and/or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site. What does IPaC use to generate the migratory birds potentially occurring in my specified location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern BCC and other species that may warrant special attention in your project location. 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and filtered to return a list of those birds reported as occurring in the IOkm grid cell(s) which your project intersects, and that have been identified as warranting special attention because they are a BCC species in that area, an eagle (Eagle requirements may apply), or a species that has a particular vulnerability to offshore activities or development. Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the E -bird Explore Data Tool. What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specified location? The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets . Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link. How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birdsug ide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area. What are the levels of concern for migratory birds? Migratory birds delivered through IPaC fall into the following distinct categories of concern: 1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacific Islands, Puerto Rico, and the Virgin Islands); 2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and 3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non -eagles) potential susceptibilities in offshore areas from certain types of development or activities (e.g. offshore energy development or longline fishing). 04/26/2019 Event Code: 04EN 1 000-2019-E-00750 5 Although it is important to try to avoid and minimize impacts to all birds, efforts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics. Details about birds that are potentially affected by offshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area off the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides birds that may be helpful to you in your project review. Alternately, you may download the bird model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage. Bird tracking data can also provide additional details about occurrence and habitat use throughout the year, including migration. Models relying on survey data may not include this information. For additional information on marine bird tracking data, see the Diving Bird Study and the nanotag studies or contact Caleb Spiegel or Pam Loring. What if I have eagles on my list? If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur. Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specified location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey effort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to confirm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page. 04/26/2019 Event Code: 04EN1000-2019-E-00750 Wetlands Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.