20190612 Ver 1_MOD PCN Form Submission_20190730

Project Narrative:
Action ID: SAW-2019-00778 ; Academy Street Development Project
The existing permit for the above referenced project originally proposed 121 linear feet of stream
impact. Due to construction complications a new design has been proposed, adding an additional 27
linear feet of stream impact to the original plan. The proposed impacts are now 148 Linear feet of
impact to the unnamed tributary to Naked Creek.
The channel will be relocated approximately 10 feet away from the proposed residential complex (See
Attached Red Line Drawing). The channel will be constructed with a mini excavator and skid steer. The
constructed channel will be approximately two (2) feet wide and one (1) foot deep (to match existing
upstream and downstream channel width/depths). Proposed streambanks will be sloped at 2:1 or less
to meet natural existing grade at the site. The banks of the channel will then be seeded, strawed, and
matted with coconut coir erosion control matting to stabilize the soil. Construction of the new channel
will be completed and stabilized in one day. See below for typical cross section.

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71

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name
Academy St Apartment Development
2. Naive of Property Owner/Applicant: Calloway Properties; Allen & Sharon Yates
3. Name of Consultant/Agent: Adam Williams PWS, BFEC Inc.
M
5
0
*Agent authorization needs to be attached.
Related/Previous Action ID number(s):
Site Address: Academy St
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:
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

DR
02*10n of Water R"Ourc"
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
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
Reviewing Office*
Winston-Salem Regional Office - (336) 776-
9800
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
1 b. Primary Contact Email:*
[e-mail]
Date Submitted
7/30/2019
Nearest Body of Water
Unnamed tributary of Naked Creek
Basin
New
Water Classification
C+
Site Coordinates
Latitude:
36.418061
A. Processing Information
County (or Counties) where the project is located:
Ashe
Is this project a public transportation project?*
r Yes r No
Longitude:
-81.469465
1a. Type(s) of approval sought from the Corps:
V Section 404 Permit (wetlands, streams and waters, Clean Water Act)
F_ 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?
V Nationwide Permit (NWP)
r- Regional General Permit (RGP)
r- Standard (IP)
Version# *
1
What amout is owed?*
r $240.00
* $570.00
Select Project Reviewer*
Sue Homewood:eads\slhomewood
1c. Primary Contact Phone:*
[phone]

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:
rJ 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:
r- 401 Water Quality Certification - E)press
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 r No
19. 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 r No
1j. Is the project located in a designated trout watershed?
r Yes r No
B. Applicant Information
1d. Who is applying for the permit?
F_ Owner rJ 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:
Academy Street Partners LLC
2b. Deed book and page no.:
502/379
2c. Responsible party:
Allen Yates
2d. Address
Street Address
643 Greenway Road
Address Line 2
City
Boone
Postal / Zip Code
28607
2e. Telephone Number:
[phone]
29. Email Address:*
[e-mail]
3. Applicant Information (if different from owner)
3a. Name:
Josselyn Lucas
State / Rmince / Pegicn
NC
Country
USA
2f. Fax Number:
r Yes r No
r Yes r %

3b. Business Name:
Brushy Fork Environmental Consulting, Inc
3c.Address
Street Address
10565 Hwy 421 S
Address Line 2
aty
Trade
Postal / Zip Code
37691
3d. Telephone Number:
[phone]
3f. Email Address:*
[e-mail]
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
(d appropriate)
1c. Nearest municipality/ town:
Jefferson
2. Project Identification
2a. Property Identification Number:
09263001882
2c. Project Address
Street Address
337 Academy St
Address Line 2
otY
Jefferson
Postal / Zip (ode
28640
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 basin(s) is your project located in?*
New
3d. Please provide the 12 -digit HUC in which the project is located.
050500010207
4. Project Description and History
State / Province / Pe91on
TN
(bun*
USA
3e. Fax Number:
2b. Property size:
1.33
State / Province / Po9ion
NC
(buntry
USA
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?*
F Yes r No r- Unknown
4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000).
Previously DWR for the record only.
SAW-2019-00778(approved)
Project History Upload
2019-00778_AcademyStApts_NWP39_revision.pdf 122.02KB
2019-00778_AcademyStApts_NWP39_copy.pdf 666.42KB

4d. Attach an 8 1/2 X1 I excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
Location Map.pdf 671.3KB
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
49. 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 new apartment 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
channel will flow west of the third building. Of this 88' reach of stream, 61' will be undisturbed, while 27' will be curved to the west to allow 10' setback between the channel and the
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.
ACADEMY ST SITE PLAN edit.pdf 483.91 KB
Site plan changes close-up.pdf 481.76KB
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 N/A
Corps AID Number:
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Josselyn Lucas, WRIT
Agency/Consultant Company: Brushy Fork Environmental Consulting, Inc
Other:
5d1. Jurisdictional determination upload
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):
F Wetlands Q Streams -tributaries r Buffers
r- Open Waters r 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
P
Permanent
Culvert
Unnamed tributary Naked
ry
Intermittent
Both
2
F(Iii
Creek
Average (feet)
earfeet)
S2
Apartment construction
P
Permanent
Relocation
Unnamed tributary Flaked
Y
Intermittent
Both
2
27
Creek
Average (feet)
(linear feet)

31. Total jurisdictional ditch impact in square feet:
31. Total permanent stream impacts: 3i. Total temporary stream impacts:
148 0
3i. Total stream and ditch impacts:
148
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 61' of
the downstream extent of the intermittent unnamed tributary (27' will be impacted by the northern building). In -watershed sedimentation Will be
minimized by limiting in -stream construction activities to the minimum required to install the culvert and relocate the portion of stream closest to the
northern apartment building.
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 F 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 r No
If no, explain why:
Project site is not Within NC Riparian Buffer Protection Areas.
2. Storrawater 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)?
f Yes G 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?
f 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.*
r Stormwater Management C Antidegradation
Plan Calculations
3b. Stormwater Management Plan
3c. Antidegradation Calculations:
Stormwater Write UP.pdf
Comments:
165.37KB

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 acres of land
and this project does not meet that 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 (15ANCAC 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?*
(- Yes r No C 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?*
( 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 anytrees 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
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.?
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?*
r Yes r 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?*
r Yes r 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 219.63KB
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?*
r Yes r No
8c. What source(s) did you use to make the floodplain determination?*
FEMA Flood Map Service Center - Flood Map 3710297800J
Miscellaneous
Comments
Miscellaneous attachments not previously requested.
FIRMETTE.pdf 469.43KB
Academy St NC SAM final.pdf 110KB
Academy St USACE Submittal Coversheet.pdf 73.83KB
ammendment narrative.pdf 582.33KB
Signature
*
R 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
(j�cr �llrsrs�rd
Date
7/30/2019

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:
Academy Street Partners LLC- 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: [phone]
We hereby certify the above information submitted in this application is true and accurate to
the bg�ilb l TY bl�Al8MV s
DN: cn=A len Lee Yates, o=A Yates Realty,
ou, email=[e-mail], c=US
Date: 2019.05.02 16:28:07 -04'00'
Authorized Signature:
5-2-2019
Date:

C op yri gh t:© 201 3 N a tio na l G eog rap h ic S oc ie ty, i-cu b ed
±
0 10 20 30 405Mile s
Loca tion Map
Su bject P roperty
BuC
NCCGIA
±0 30 60 90 12 015Fe et
Ma p is n ot to be constr ued as surve yed data . All boundar ies a re appr oxi mate GIS data taken from public data sour ces. BFEC 2019.
So ils Map
Braddock-Urban Land Complex
Subject Property
Academy St SHPO Map
-4'
4v
lip1
WO
+Y
April 23, 2019
NR Points NRHD Center Point
NR Individual Listing
NR Listing, Gone
1:1,862
0 0.01 0.03 0.05 mi
0 0.02 0.04 0.08 km
Microsoft

USGS The National Map: Orthoimagery. Data refreshed October, 2017.
National Flood Hazard Layer FIRMette
0 500 1,000 1,500 2,000250Feet
Ü81°28'28.80"W 36°25'19.50"N 81°27'51.35"W 36°24'50.54"N
SEE FIS REPORT FOR DETAILED LEGEND AND INDEX MAP FOR FIRM PANEL LAYOUT
SPECIAL FLOODHAZARD AR EAS
Without Base Flood Elevation (BFE)Zone A, V, A99With BFE or Depth Zone AE, AO, AH, VE, AR
Regulator y Floodway
0.2% Annual Chance Flood Hazard, Areasof 1% annual chance flood with averagedepth less than one foot or with drainageareas of less than one square mile Zone X
Future Conditions 1% AnnualChance Flood Hazard Zone XArea with Reduced Flood Risk due toLevee. See Notes.Zone X
Area with Flood Risk due to Levee Zone D
NO SCREE N Area of Minimal Flood Hazard Zone X
Area of Undetermined Flood Hazard Zone D
Channel, Culver t, or Storm SewerLevee, Dike, or Floodwall
Cross Sections with 1% Annual Chance17.5 Water Surface ElevationCoastal Transect
Coastal Transect BaselineProfile BaselineHydrographic Feature
Base Flood Elevation Line (BFE)
Effective LOMRs
Limit of StudyJurisdiction Boundar y
Digital Data Available
No Digital Data Available
Unmapped
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 theauthoritative NFHL web services provided by FEMA. This mapwas exported on 4/23/2019 at 1:29:55 PM and does notreflect changes or amendments subsequent to this date andtime. The NFHL and effective information may change orbecome superseded by new data over time.
This map image is void if the one or more of the following mapelements 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 forunmapped and unmodernized areas cannot be used forregulatory purposes.
Legend
OTHER AREAS OFFLOOD HAZARD
OTHER AREAS
GENERALSTRUCTURES
OTHERFEATURES
MAP PANELS
8
1:6,000
B 20.2
The pin displayed on the map is an approximate point selected by the user and does not represent an authoritative proper ty location.
USACE AID #: NCDWR #:
PROJECT / SITE INFORMATION:
1. Project name (if any): 2. Date of evaluation:
3. Applicant/owner name:
5. County: 6. Nearest named water body
7. River Basin: on USGS 7.5-minute quad:
8. Site coordinates (decimal degrees, at lower end of assessment reach):
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): 10. Length of assessment reach evaluated (feet):
11. Channel depth from bed (in riffle, if present) to top of bank (feet): Unable to assess channel depth.
12. Channel width at top of bank (feet):13. Is assessment reach a swamp stream? Yes No
14. Feature type: Perennial flow Intermittent flow Tidal Marsh Stream
STREAM RATING INFORMATION:
15. NC SAM Zone: Mountains (M) Piedmont (P) Inner Coastal Plain (I) Outer Coastal Plain (O)
16. Estimated geomorphic
valley shape (skip for ab
Tidal Marsh Stream):(more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip Size 1 (< 0.1 mi2) Size 2 (0.1 to < 0.5 mi
2) Size 3 (0.5 to < 5 mi
2)Size 4 (≥ 5 mi2)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? Yes No If Yes, check all that appy to the assessment area.
Section 10 water Classified Trout Waters Water Supply Watershed ( I II III IV V)
Essential Fish Habitat Primary Nursery Area High Quality Waters/Outstanding Resource Waters
Publicly owned property NCDWR riparian buffer rule in effect Nutrient Sensitive Waters
Anadromous fish 303(d) List CAMA Area of Environmental Concern (AEC)
Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
Designated Critical Habitat (list species):
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? Yes No
1. Channel Water – assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
A Water throughout assessment reach.
B No flow, water in pools only.
C No water in assessment reach.
Academy St Project 4/10/19
36.418354, -81.469517
1a ~300
Allen Yates 4. Assessor name/organization: BFEC
Ashe
New West Jefferson
Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant.
NC SAM FIELD ASSESSMENT FORM
Accompanies User Manual Version 2.1
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
0.8
2
2. Evidence of Flow Restriction – assessment reach metric
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 A
3. Feature Pattern – assessment reach metric
A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
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).
B Not A
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).
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 A Little or no evidence of conditions that adversely affect reference interaction
B 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 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 absent or assessment reach is a
man-made feature on an interstream divide
7.Water Quality Stressors – assessment reach/intertidal zone metric
Check all that apply.
A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
B Excessive sedimentation (burying of stream features or intertidal zone)
C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
D Odor (not including natural sulfide odors)
E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch"
section.
F Livestock with access to stream or intertidal zone
G Excessive algae in stream or intertidal zone
H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.)
I Other: (explain in "Notes/Sketch" section)
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 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. Yes 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)
A Multiple aquatic macrophytes and aquatic mosses F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats)G Submerged aquatic vegetation
B Multiple sticks and/or leaf packs and/or emergent H Low-tide refugia (pools)
vegetation I Sand bottom
C Multiple snags and logs (including lap trees)J 5% vertical bank along the marsh
D 5% undercut banks and/or root mats and/or roots K Little or no habitat
in banks extend to the normal wetted perimeter
E Little or no habitat
11. Bedform and Substrate – assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. Yes No
Is assessment reach in a natural sand-bed stream? (skip for Coastal Plain streams)
11b.Bedform evaluated. Check the appropriate box(es).
A Riffle-run section (evaluate 11c)
B Pool-glide section (evaluate 11d)
C Natural bedform absent (skip to Metric 12, Aquatic Life)
11c.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.
Low quality urban/residential runoff
*********************************REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS***************************Check for TidalMarsh Streamsonlypercentages should not exceed 100% for each assessment reach.
NP R C A P
Bedrock/saprolite
Boulder (256 – 4096 mm)
Cobble (64 – 256 mm)
Gravel (2 – 64 mm)
Sand (.062 – 2 mm)
Silt/clay (< 0.062 mm)
Detritus
Artificial (rip-rap, concrete, etc.)
11d. Yes 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. Yes 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. No Water Other:
12b. Yes 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
Aquatic reptiles
Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
Beetles (including water pennies)
Caddisfly larvae (Trichoptera [T])
Asian clam (Corbicula )
Crustacean (isopod/amphipod/crayfish/shrimp)
Damselfly and dragonfly larvae
Dipterans (true flies)
Mayfly larvae (Ephemeroptera [E])
Megaloptera (alderfly, fishfly, dobsonfly larvae)
Midges/mosquito larvae
Mosquito fish (Gambusia ) or mud minnows (Umbra pygmaea)
Mussels/Clams (not Corbicula )
Other fish
Salamanders/tadpoles
Snails
Stonefly larvae (Plecoptera [P])
Tipulid larvae
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.
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,
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 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
Y Y Are wetlands present in the streamside area?
NN
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.
A Streams and/or springs (jurisdictional discharges)
B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
C Obstruction that passes some flow during low-flow periods within assessment area (beaver dam, bottom-release dam)
D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage)
E Stream bed or bank soil reduced (dig through deposited sediment if present)
F None of the above
17. Baseflow Detractors – assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
C Urban stream (≥ 24% impervious surface for watershed)
D Evidence that the stream-side area has been modified resulting in accelerated drainage into the assessment reach
E Assessment reach relocated to valley edge
F None of the above
18. Shading – assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider “leaf-on” condition.
A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
B Degraded (example: scattered trees)
C Stream shading is gone or largely absentgg gy
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
A A A A ≥ 100-feet wide or extends to the edge of the watershed
BBBBFrom 50 to < 100-feet wide
CCCCFrom 30 to < 50-feet wide
DDDDFrom 10 to < 30-feet wide
EEEE< 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
BBNon-mature woody vegetation or modified vegetation structure
C C Herbaceous vegetation with or without a strip of trees < 10 feet wide
D D Maintained shrubs
E E Little or no vegetation
21. 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:
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
A A A A A A Row crops
BBBBBBMaintained turf
CCCCCCPasture (no livestock)/commercial horticulture
DDDDDDPasture (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
A A Medium to high stem density
B B Low stem density
CCNo 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.
CCVegetation 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. Yes No Was a conductivity measurement recorded?
If No, select one of the following reasons. No Water Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
A <46 B 46 to < 67 C 67 to < 79 D 79 to < 230 E ≥ 230
Notes/Sketch:
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) Floodplain Access
(4) Wooded Riparian Buffer
(4) Microtopography
(3) Stream Stability
(4) Channel Stability
(4) Sediment Transport
(4) Stream Geomorphology
(2) Stream/Intertidal Zone Interaction
(2) Longitudinal Tidal Flow
(2) Tidal Marsh Stream Stability
(3) Tidal Marsh Stream Geomorphology
(1) Water Quality
(2) Baseflow
(2) Streamside Area Vegetation
(3) Upland Pollutant Filtration
(3) Thermoregulation
(2) Indicators of Stressors
(2) Aquatic Life Tolerance
(2) Intertidal Zone Filtration
(1) Habitat
(2) In-stream Habitat
(3) Baseflow
(3) Substrate
(3) Stream Stability
(3) In-stream Habitat
(2) Stream-side Habitat
(3) Stream-side Habitat
(3) Thermoregulation
(2) Tidal Marsh In-stream Habitat
(3) Flow Restriction
(3) Tidal Marsh Stream Stability
(4) Tidal Marsh Stream Geomorphology
(3) Tidal Marsh In-stream Habitat
(2) Intertidal Zone Habitat
Overall LOW
LOW
MEDIUM
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
LOW
MEDIUM
LOW
LOW
LOW
MEDIUM
NA
NA
LOW
NA
LOW
MEDIUM
LOW
NA
NA
NA
NA
LOW
NO
NA
NA
LOW
MEDIUM
NA
NA
NA
LOW
(3) Tidal Marsh Channel Stability
(3) Streamside Area Attenuation
Function Class Rating Summary
(1) Hydrology
LOW
LOW
NA
NA
NA
NA
NA
LOW
MEDIUM
LOW
MEDIUM
LOW
LOW
LOW
NA
NO
NA
NA
LOW
Stream Site Name
LOW
NA
Academy St Project Date of Evaluation
LOW
(4) Tidal Marsh Channel Stability
NA
NA
LOW
LOW
LOW
LOW
LOW
MEDIUM
NA
NA
LOW
NA
MEDIUM
NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
LOW
LOW
USACE/
All Streams
NCDWR
Intermittent
NA
NA
(2) Flood Flow
BFEC
4/10/19
NO
YES
NO
Intermittent
NA
LOW
MEDIUM
LOW
(2) Baseflow
Stream Category Assessor Name/Organization
LOW
Mb1
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.

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. SAW-2019-00778 County: Ashe

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Calloway Properties, LLC
Attn: Jon Calloway
Address: 108 Brookside Drive
West Jefferson, NC 28694
Telephone Number: 336-977-3521

Permittee: Allen & Sharon Yates
Address: 672 Modock Road
Trade, TN 37691
Telephone Number: 828-264-5960

Location description: The site is located on Academy Street, in Jefferson, NC. Coordinates are: 36.418061 -81.469465.

Description of projects area and activity: This permit authorizes placement of fill/culverts for development of multi-
family housing known as Academy Street Apts. Impacts to stream channels authorized by this permit total 121 linear
feet of an unnamed tributary to Naked Creek.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 39
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
May 6, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee
to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit’s expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Amanda Jones at 828-271-7980, ext. 4225 or [e-mail].

Corps Regulatory Official: ___________________________ Date: June 17, 2019
Amanda Jones

Expiration Date of Verification: March 18, 2022

CF: BFEC, Inc. / Attn: Adam Williams (via email)
FUEMMELER.AMAND
A.JONES.1242835090
Digitally signed by
FUEMMELER.AMANDA.JONES.12
42835090
Date: 2019.06.17 09:06:49 -04'00'

Action ID Number: SAW-2019-00778 County: Ashe

Permittee: Calloway Properties, LLC & Allen/Sharon Yates

Project Name: Academy Street Apts / NWP 39

Date Verification Issued: June 17, 2019

Project Manager: Amanda Jones

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

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FILE NUMBER: 092-001

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. SAW-2019-00778 County: Ashe

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Calloway Properties, LLC
Attn: Jon Calloway
Address: 108 Brookside Drive
West Jefferson, NC 28694
Telephone Number: 336-977-3521

Permittee: Allen & Sharon Yates
Address: 672 Modock Road
Trade, TN 37691
Telephone Number: 828-264-5960

Location description: The site is located on Academy Street, in Jefferson, NC. Coordinates are: 36.418061 -81.469465.

Description of projects area and activity: This permit authorizes placement of fill/culverts for development of multi-
family housing known as Academy Street Apts. Impacts to stream channels authorized by this permit total 148 linear
feet of an unnamed tributary to Naked Creek. This permit replaces a previous authorization dated June 17, 2019 in
which impacts were modified/increased.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 39
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
May 6, 2019. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee
to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit’s expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Amanda Jones at 828-271-7980, ext. 4225 or [e-mail].

Corps Regulatory Official: ___________________________ Date: July 26, 2019 (revision)
Amanda Jones
Expiration Date of Verification: March 18, 2022

CF: BFEC, Inc. / Attn: Adam Williams (via email)
FUEMMELER.AMA
NDA.JONES.12428
35090
Digitally signed by
FUEMMELER.AMANDA.JONES.1
242835090
Date: 2019.07.26 07:37:48
-04'00'

Action ID Number: SAW-2019-00778 County: Ashe

Permittee: Calloway Properties, LLC & Allen/Sharon Yates

Project Name: Academy Street Apts / NWP 39

Date Verification Issued: July 26, 2019 (revision)

Project Manager: Amanda Jones

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

.;v5 ^ir>TN R."di &W1IDUPE
RIF,'- rt United States Department of the Interior
FISH AND WILDLIFE SERVICE
% Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
hU://www.fws.,gov/nc-es/es/coon , ft r
In Reply Refer To: April 26, 2019
Consultation Code: 04EN1000-2019-SLI-0283
Event Code: 04EN1000-2019-E-00750
Project Name: Academy St Apartment Development
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
httas://www.fws.2ov/asheville/htmis/aroiect 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.html

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/pdf/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 et seq.), and projects affecting these species may require additional consultation (see
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines (http://www.fws.gov/windenergy/) 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.mi rg atorybirds/CurrentBirdIssues/Hazards/towers/towers.htm;
http://www.towerkill.com; and http://www.fws. omi rorybirds/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: 04EN 1 000-2019-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
[phone]

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/mqps/Tlace/36.41794614114858N81.46944101046614W
Counties: Ashe, NC

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
NAME
STATUS
Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. _og v/ecp/species/2657
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. _og v/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws. _og v/ecp/species/9045

04/26/2019 Event Code: 04EN1000-2019-E-00750 4
Flowering Plants
NAME STATUS
Blue Ridge Goldenrod Solidago spithamaea Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. og v/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. og v/ecp/species/1087
Spreading Avens Geum radiatum Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws. og v/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. og v/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 Migratory 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
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Kentucky Warbler Oporornis formosus
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
Wood Thrush Hylocichla mustelina
This is a Bird of Conservation Concern (BCC) throughout its range in the
continental USA and Alaska.
BREEDING SEASON
Breeds May 20 to Aug
10
Breeds Apr 20 to Aug 20
Breeds May 10 to Aug
31

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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 (E)
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 l Okm 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 l Okm 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 Birds guide. 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 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: 04EN 1 000-2019-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. Armorps 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.

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