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20220138 Ver 1_401 Application_20220125
Staff Review Form NORTH CAROLINA Envlronm¢ntcl Qvofiry Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* Yes No ID# * 20220138 Version* 1 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office: * Submittal Type:* Yes • No Kaylie Yankura:eads\kyankura Asheville Regional Office - (828) 296-4500 401 Application Does this project require a request for payment to be sent?* Yes No How much is owed?* $240.00 $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: * For the Record Only (Courtesy Copy) New Project Modification/New Project with Existing ID More Information Response Other Agency Comments Pre -Application Submittal Re-Issuance\Renewal Request Stream or Buffer Appeal Project Contact Information Name: Jeff Golladay Who is submitting the information? Email Address: jeff@cwenv.com Project Information Project Name: Rich Mountain Subdivision Is this a public transportation project? Yes No Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Henderson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Rich_Mountain_PCN Application signed 1.25.22.pdf 13.42MB Only pdf or kmz files are accepted. Describe the attachments or comments: Please find attached the Individual 401 Water Quality Certification application and Nationwide Permit 29 application for Phase 1 of the Rich Mountain Subdivision project in Hendersonville, Henderson County, NC. Sign and Submit By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online 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 online form. Signature: Submittal Date: Is filled in automatically. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 CLearWaer An EnviroScience CompanyM ClearWater Environmental Consultants, Inc. www.cwenv.com January 25, 2022 David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 RE: Mr. Paul Wojoski NC DWR, 401 Permitting & Buffer Unit 512 N. Salisbury Street, 9th Floor Raleigh, North Carolina 27604 Rich Mountain Subdivision Phase 1 (+/- 84 Acres) PJD Request, NWP 29 Application, & Individual Water Quality Certification Request Henderson County, North Carolina Dear Mr. Brown and Mr. Wojoski, The attached Pre -Construction Notification (PCN) is being submitted on behalf of Ripple Falls, LLC; represented by Andy Baker. The project boundary is located on Henderson County Parcel Index Numbers 9671-58-4594, 9671-59-5717, 9672-41-0864, 9672-42-0371, 9672-51-3683 and 9672-71-2573. The site is accessed from Locust Grove Road in Hendersonville, North Carolina. The applicant is seeking a Preliminary Jurisdictional Determination, a Nationwide Permit 29 and Individual 401 Water Quality Certification to authorize permanent stream impacts associated with a new residential development. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish and Wildlife Service; and Mrs. Kaylie Yankura, NCDEQ Division of Water Resources. Sincerely, Pe# 9-0llaisav Jeff Golladay Biologist ,---DocuSigned by: 2.C./MAMA 21Mt. `-0A79F7DC85EE4F7... R. Clement Riddle, P.W.S. Principal Copy issued: NC Wildlife Resources Commission — Andrea Leslie USFWS Asheville Field Office — Byron Hamstead NCDEQ Division of Water Resources Asheville Office — Kaylie Yankura 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Preliminary Data Entry Fields for New Actions SAW — u 1. Project Name: Rich Mountain Subdivision 2. Work Type: Private 3. Project Description / Purpose: Institutional Government Commercial PJD application for a +/- 84 acre tract. Tract is slated for the development of a new, low -density residential subdivision. 4. Property Owner / Applicant: Ripple Falls, LLC; Attn: Andy Baker 5. Agent / Consultant: ClearWater, an EnviroScience Company 6. Related Action ID Number(s): 7. Project Location - Coordinates, Street Address, and/or Location Description: Locust Grove Road, Hendersonville, North Carolina; 35.408678, -82.441143 8. Project 9. Project 10. Project Location - Tax Parcel ID: 9671584594; 9671595717; 9672410864; 9672420371; 9672513683; 9672712573 Location — County: Hendserson Location — Nearest Municipality or Town : Hendersonville 11. Project Information — Nearest Waterbody: Featherstone Creek 12. Watershed / 8-Digit Hydrologic Unit Code: Authorization: Section 10 Regulatory Action Type: Upper French Broad / 06010105 Section 404 d mNationwidePerPermit # 29 nRegionalStandarGeneralit Permit P# n Jurisdictional Determination Request Section 10 & 404 ❑ Pre -Application Request n Unauthorized Activity n Compliance ❑ No Permit Required Revised 20210513 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 CLearWaer An EnvirrScience Company Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: Property Owner Address: Phone Number: Email address: Property Location: giro ro PL E 'FALt ,, LL C 67 eLARi) &Ae ig.04o nErc// #tX Z871 �2 € G ys . 33T q ay 4-CYM taro) F yo. r ror�v\, 1 +! D e v5T Cry VC-- 4.0, c',v x. Y 45C-51-11-1 /GCC (LC Owner/Managing partner Signature: Owner/Managing printed name: Date: ///2, ,4, 145 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.ewenv.conl H DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 _ Parcel Report Monday, January 10, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: WARNING: THIS IS NOT A SURVEY Parcel Information 10008026 RIPPLE FALLS, LLC 35 LAKE VISTA DR FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 003822/00592 2021-11-18 13:56:00.0 6,000 R3 RECOMBINATION 4.585 ACRES FLAG POLE PL2021-13774 9671.00 4.59000000 $0.00 $0.00 $0.00 North Carolina Senate District 48 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9671584594 MOUNTAIN HOME (D) Hoopers Creek MOUNTAIN HOME FIRE 2021 13774 CLEAR CREEK APPLE VALLEY MIDDLE NORTH HIGH Tate fine sandy loam, 7 to 15 percent slopes Park Ridge 2 Lower Hoopers Creek 117 11 Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the users€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). H DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 _ Parcel Report Monday, January 10, 2022 i REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: WARNING: THIS IS NOT A SURVEY Parcel Information 10008025 RIPPLE FALLS, LLC 35 LAKE VISTA DR FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 003822/00592 2021-11-18 13:56:00.0 6,000 R3 RECOMBINATION 3.257 ACRES FLAG POLE PL2021-13774 9671.00 3.26000000 $0.00 $0.00 $0.00 North Carolina Senate District 48 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9671595717 MOUNTAIN HOME (D) Hoopers Creek FLETCHER FIRE 2021 13774 CLEAR CREEK APPLE VALLEY MIDDLE NORTH HIGH Tate fine sandy loam, 7 to 15 percent slopes Park Ridge,Clear Creek 4 Lower Hoopers Creek 117 11 Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the users€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). H DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 _ Parcel Report Monday, January 10, 2022 i REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: WARNING: THIS IS NOT A SURVEY Parcel Information 1006491 RIPPLE FALLS, LLC 69 CLARK GAP RD FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 003822/00587 2021-11-18 13:53:00.0 964 R3 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: 9672410864 FLETCHER (C) Hoopers Creek FLETCHER FIRE 1415 350 FLETCHER APPLE VALLEY MIDDLE NORTH HIGH Edneyville (edneytown) fine BETTY SUE YOUNGBLOOD LO11 Soil: sandy loam, 15 to 25 percent slopes 9672.00 20.00000000 $0.00 $50,000.00 $50,000.00 North Carolina Senate District 48 Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: Hoopers Creek,Park Ridge 2 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the users€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). H DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 _ Parcel Report Monday, January 10, 2022 WARNING: THIS IS NOT A SURVEY Parcel Information REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: 1012601 RIPPLE FALLS, LLC 69 CLARK GAP RD FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 003822/00587 2021-11-18 13:53:00.0 964 R3 BETTY SUE YOUNGBLOOD FAMILY LO10 9672.00 20.10000000 $0.00 $50,300.00 $50,300.00 North Carolina Senate District 48 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9672420371 FLETCHER (C) Hoopers Creek FLETCHER FIRE 1415 350 FLETCHER APPLE VALLEY MIDDLE NORTH HIGH Porters stony loam, 45 to 70 percent slopes Hoopers Creek 2 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the users€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). H DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 _ Parcel Report Monday, January 10, 2022 WARNING: THIS IS NOT A SURVEY Parcel Information REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: 10008020 RIPPLE FALLS, LLC 35 LAKE VISTA DR FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 003822/00592 2021-11-18 13:56:00.0 6,000 R3 RECOMBINATION 45.866 ACRES TR1 PL2021-13774 9672.00 45.87000000 $0.00 $0.00 $0.00 North Carolina Senate District 48 JULMFHpro ��� Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: 9672513683 FLETCHER (D) Hoopers Creek FLETCHER FIRE 2021 13774 CLEAR CREEK APPLE VALLEY MIDDLE NORTH HIGH Edneyville (edneytown) fine Soil: sandy loam, 15 to 25 percent slopes Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: Hoopers Creek,Park Ridge,Clear Creek 4 Lower Hoopers Creek 117 11 Zone X, Not Shaded (Areas outside of the floodplain) Henderson County GIS Geographic Information Systems( ) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed,purchased or otherwise distributed, whether in hard copy or digital 9 media, shall be at the users€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). H DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 _ Parcel Report Monday, January 10, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: WARNING: THIS IS NOT A SURVEY 1 9929063 RIPPLE FALLS, LLC 35 LAKE VISTA DR FLETCHER, NC 28732 0 NO ADDRESS ASSIGNED 003822/00592 2021-11-18 13:56:00.0 6,000 R3 Parcel Information SR1552 ON LIVINGSTON RD 9672.00 146.45000000 $0.00 $366,100.00 $366,100.00 North Carolina Senate District 48 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: Soil: Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9672712573 FLETCHER (D) Hoopers Creek FLETCHER FIRE Not Available CLEAR CREEK APPLE VALLEY MIDDLE NORTH HIGH Ashe stony sandy loam, 45 to 70 percent slopes Hoopers Creek,Park Ridge,Clear Creek 4 Lower Hoopers Creek 117 11 Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 P: (828) 698-5124 F: (828) 698-5122 THIS IS NOT A SURVEY. All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the users€T""s own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, legal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit \ Section 404 Permit 1b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: lc. Has the NWP or GP number been verified by the Corps? ❑ Yes \ No ld. Type(s) of approval sought from the DWQ (check all that apply): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization \ 401 Water Quality Certification ❑ 401 Water Quality Certification le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes \ No ❑ Yes \ No 1f. Is payment into a mitigation bank or in -lieu fee mitigation of impacts? If so, attach the acceptance or in -lieu fee program. program proposed for letter from mitigation bank ❑ Yes \ No lg. Is the project located in any of NC's twenty coastal counties. If yes, answer lh below. ❑ Yes \ No lh. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes \ No 2. Project Information 2a. Name of project: Rich Mountain 2b. County: Henderson 2c. Nearest municipality / town: Fletcher 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed: Ripple Falls, LLC (Attn: Andy Baker) 3b. Deed Book and Page No. 3c. Responsible Party (for LLC if applicable): Andy Baker 3d. Street address: 69 Clark Gap Road 3e. City, state, zip: Fletcher, NC 28732 3f. Telephone no.: (616) 402-0367 3g. Fax no.: N/A 3h. Email address: andy@tfmcarolina.com Page 1 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 4. Applicant Information (if different from owner) 4a. Applicant is: \ Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: R. Clement Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, an EnviroScience Company 5c. Street address: 145 7th Avenue W; Suite B 5d. City, state, zip: Hendersonville, NC, 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: N/A 5g. Email address: jeff©cwenv.com Page 2 of 10 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 B. Project Information and Prior Project History 1. Property Identification 1 a. Property identification no. (tax PIN or parcel ID): Multiple - See Attached. 1 b. Site coordinates (in decimal degrees): Latitude: 35.408678 Longitude: -82.441143 1 c. Property size: 84 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Featherstone Creek 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: Upper French Broad / 06010105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: See additional information following the PCN form. 3b. List the total estimated acreage of all existing wetlands on the property: 0.012 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,477 3d. Explain the purpose of the proposed project: The purpose is to construct a new access road for a low -density residential subdivision. 3e. Describe the overall project in detail, including the type of equipment to be used: See additional information following the PCN form. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (including all prior phases) in the past? ❑ Yes ❑ No \ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. ClearWater conducted a delineation of the Water of the US at the project site on August 19, 2021 and October 27, 2021. A preliminary jurisdictional determination request is included in Appendix A of this application. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes \ No Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? \ Yes ❑ No 6b. If yes, explain. See additional information following the PCN form. Page 3 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction \ Streams — tributaries 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT Featherstone Creek PER Corps 3 39 S2 P Culvert UT Featherstone Creek PER Corps 5 37 S3 P Culvert UT Featherstone Creek PER Corps 3 41 S4 P Culvert UT Featherstone Creek PER Corps 4 38 S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 155 3i. Comments: S1 totals 0.003 Ac (39 L.F.); S2 totals 0.004 Ac (37 L.F.); S3 totals 0.002 Ac (41 L.F.); S4 totals 0.006 Ac (38 L.F) Total stream bed impact area (acres): 0.015 Ac Page 4 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The stream impacts are the minimum necessary to construct the proposed access road to provide access to the new residential development. Impacts to aquatic resources only occur within the 100' access road easement corridor. Impacts to aquatic resources within proposed residential lots are avoided. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The culverts will be installed in the dry and all equipment will be operated from high ground. The applicant will adhere to erosion and sediment control standards necessary to protect downstream water quality. See Figure 5.1 for culvert installation and work in the dry details. 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? No ❑ Yes \ 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. WII the project result in an impact within a protected riparian buffer that requires buffer mitigation? Yes \ No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes \ No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 12.21 % 2b. Does this project require a Stormwater Management Plan? \ Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed project is subject to review by Henderson County. A low -density stormwater permit application has been submitted to Henderson County. 2e. Who will be responsible for the review of the Stormwater Management Plan? Henderson County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Henderson County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): \ Phase II NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes \ No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): Coastal counties ❑ HQVV ❑ORW ❑Session Law 2006-246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes \ No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑ Yes ❑ No 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑ Yes \ No 2b. Is this an after -the -fact permit application? ❑ Yes \ No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes \ No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed stream impacts will not result in additional development that could affect downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Individual home sites will have septic systems installed for the treatment of wastewater. Page 9 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 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? ❑ Yes \ No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes \ No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Threatened and Endangered Species Habitat Assessment in Appendix B. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes \ No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 12/30/2021 at https://www.habitat.noaa.gov/protection/efh/efhmapper/. 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 (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? Yes \ No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See additional information following the PCN form. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes \ No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA's National Flood Hazard Layer Viewer; FIRM Panels: 3700672000J & 3700967100J (eff. 10/02/2008). See Figure 6. R. Clement Riddle Applicant/Agent's Printed Name r DocuSigned by: 'Z• U`'�" C;24At. `-0A79F7DC85EE4F7... 1/25/2022 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 PCN Form Additional Information Section B.3a Project Description — Land Use The Phase 1 project area is currently comprised of undeveloped, wooded lots. The project area is accessed from Locust Grove Road to the south. The site is bordered by undeveloped woodland in all directions. Featherstone Creek (Class C) is approximately 0.50 miles southwest of the site and Duncan Creek (Class C;Tr) is approximately 0.25 miles north of the site. Section B.3e Project Description — Details The project will involve the development of a new, low -density residential subdivision. Access to the subdivision will require construction of a new access road that will originate at Locust Grove Road and travel north into the Phase 1 development area (See Figure 3). The development of the new access road will involve four (4) permanent stream impacts associated with stream crossings for the proposed new access road. The proposed alignment of the access road will run north through a 100' easement and cross four (4) streams. Each stream crossing will involve the installation of a culvert (Impact S1 totals 39 L.F. [0.003 Ac]; S2 totals 37 L.F. [0.004 Ac]; S3 totals 41 L.F. [0.002 Ac]; S4 totals 38 L.F. [0.006 Ac]; See Figure 5.1). Typical grading equipment (trackhoe, dozer, drum -roller, etc.) will be used during the development of the site and will be operated from high ground. Culverts at stream crossings where the slope exceeds 5% (i.e. culverts P3, P4, and P8; Figure 5.1) will be installed level with the grade of the slope and the outlet will be flush with the stream. Culvert P7 will be embedded. All proposed stream impacts occur in unnamed tributaries to Featherstone Creek (Class C). Grading activities along the proposed new access road has begun as of the preparation of this permit application. Temporary culverts have been installed at the four (4) proposed permanent stream crossing locations described in the paragraph above. The temporary culverts have been installed in accordance with Nationwide 33 to facilitate construction access for the initial stages of grading the new access road. Two of the temporary stream crossings are 20 L.F., while the other two crossings are 25 L.F. The total temporary stream crossings impact is 90 L.F. A temporary impacts plan showing the location and details of the four (4) temporary stream crossings is available in Figure 5.2. Upon approval of this permit application, the temporary culverts will be removed, and the permanent culverts associated with the four (4) permanent stream impacts described above will be installed at the same location. Temporary impacts are not tabulated on the PCN form, as the temporary and permanent impacts occur at the same location. Section B.6b Future Project Plans — Explanation The new, proposed residential development will be pursued in 3 phases. Impact plans for a new access road and the phase 1 development area are the subject of this permit application and are included in Figure 5. Development plans for future phases have not been finalized and their impacts have not been studied. The timing of future phases is currently unknown. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Section F.5d Endangered Species and Designated Critical Habitat - Sources See Appendix B. Section F.7b. Historic or Prehistoric Cultural Resources - Sources No historic sites are located within 1.0 mile of the project site. It is the opinion of ClearWater that project activities will not affect any historic properties. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed January 10, 2022. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) is m _cs S C h to�; "?o, a Royal\Pines Ai Fletcher v 0 a L _ _ I Project Boundary Terrace "(1-Rd— Hoopers Cr ee k 0 0.5 1 2 Miles Drawn by:2MG Date; 12.29.21 CEC Proje t #1219 Henderson County, North Carolina o4 a,. aC'ap Rd Project Boundary Goodluck Oak Hill [LearWater An EnviroSsience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 • Fruitland �S_M IIS_Gap=R y\ j Vicinity Map Figure 1 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) Drawn by: JMG Date; 12.29:21 CEC _Project'#s1219 Henderson County, North Carolina [LearWater An EnviroScience Companya 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USGS Topographic Map 1:24K; Fruitland Quad Figure 2 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) Henderson County, North Carolina CLearWaher An Enviracience Company 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 Aerial Imagery Map NCCGIA 2019 Figure 3 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) r=i Project Boundary USDA Soil Type AhF: Ashe stony sandy loam, 25 to 45 percent slopes AhG: Ashe stony sandy loam, 45 to 70 percent slopes ArG: Ashe-Rock outcrop complex, 15 to 70 percent slopes EdE: Edneyville (edneytown) fine sandy loam, 15 to 25 percent slopes EvC: Evard fine sandy loam, 7 to 15 percent slopes PoE: Porters stony loam, 15 to 25 percent slopes TeC: Tate fine sandy loam, 7 to 15 percent slopes TuE: Tusquitee stony loam, 15 to 25 percent slopes TuF: Tusquitee stony loam, 25 to 45 percent slopes 08.03.2.1 Project.#1219 Henderson County, North Carolina [LearWater An EnviroScience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USDA Soils Map NRCS Web Soil Survey Figure 4 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 MAS TER PLAN LEGEND EXIST. BOUNDARY EXIST. ADJOINER EXIST. STREAM EXIST. STREAM BUFFER EXIST. WETLAND EXIST. FEMA NON- NCROACHMENT FEMA FLOOD HAZA D AREA (1%) FEMA FLOOD HAZA ID AREA (0.2%) EXIST. RIGHT OF WAY EXIST. BUILDING SETBACK EXIST. BUILDING EXISTING SIDEWALK EXISTING PAVEMENT EXIST. CURB NEW PROPERTY LINES NEW RIGHT OF WAY NEW EASEMENT BUILDING SETBACK LINE NEW LANDSCAPE BUFFER NEW COMMON OPEN SPACE NEW BUILDING NEW PAVEMENT NEW HD PAVEMENT NEW CONCRETE SIDEWALK NEW GRAVEL NEW CURB & GUTTER NEW WALL (BY OTHERS) SITE AND ZONING NOTES PROPERTY ZONING: R3 PROPERTY SIZE: PH1: 82.78 - TOTAL: 245.86 AC. PROPERTY STEEPER THAN 60%: 16.76 AC (6.82%) MINIMUM LOT SIZE: 1.50 AC. / 35,640 SQ.FT. SMALLEST PROPOSED LOT: 1.86 ACRES / 80,936 SQ.FT. MINIMUM LOT WIDTH: 30' @ R.O.W. MAXIMUM BUILDING HEIGHT: 40' SETBACKS: FRONT: 15' (LOCAL) REAR: 15' SIDE: 15' PROPOSED LINEAR FEET OF ROAD: PHASE 1: 2,394 LF TOTAL ON PROPERTY: 9,856 LF OFF PROPERTY EASEMENT: 3,452 LF *ALL DIMENSIONS ARE FROM EDGE OF ASPHALT, FACE OF CURB, FACE OF WALL, OR FACE OF BUILDING UNLESS OTHERWISE NOTED. *ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF DETAILS, SPECIFICATIONS, AND OTHER DEVELOPMENT ORDINANCES OF HENDERSON CO. DEVELOPMENT DATA Figure 5.0 Impacts: Site Overview PROPOSED 15' BUILDING SETBACK (TYP) (SEE SHEET C-4.14) EXISTING 10FT CONTOURS (TYP) PROPERTY ADDRESS: LOCUST GROVE ROAD HENDERSONVILLE NC PIN NUMBER: 9672712573, 9672512885, 967240371 9672410864, 9671485404, 967240583 PROPERTY SIZE: PH1: 82.78 AC - TOTAL: 245.86 AC ZONING REVIEW: HENDERSON COUNTY EROSION CONTROL REVIEW: HENDERSON COUNTY STORMWATER REVIEW: HENDERSON COUNTY ZONING CLASSIFICATION: R3 PROPOSED NUMBER OF UNITS: PH1: 22 -TOTAL: 60 PROPOSED DENSITY: PH1: 0.26 LOTS/AC - TOTAL: 0.244 LOTS / AC PROPOSED LINEAR FEET OF ROAD: PHASE 1: 3,654 LF TOTAL ON PROPERTY: 9,856 LF OFF -PROPERTY EASEMENT: 2,934 LF LOTS 1-51 ARE LOCATED IN A FARMLAND PRESERVATION DISTRICT, LOTS 52-60 ARE WITHIN 1/2 MILE OF A THE FARMLAND PRESERVATION DISTRICT WATER AND SEWER WILL BE PROVIDED BY INDIVIDUAL WELLS AND SEPTIC SYSTEMS PUBLIC WATER AND SEWER ARE APPROXIMATELY 3.0 MILES FROM THE SITE DRY HYDRANT IS LOCATED APPROXIMATELY 0.90 ROAD MILES FROM THE ENTRANCE TO THE SITE PROPERTY OWNER: MULTIPLE OWNERS - SEE SHEET C-0 FOR CONTACT INFORMATION DEVELOPER: RIPPLE FALLS LLC CONTACT: ANDY BAKER ADDRESS: 69 CLARK GAP ROAD FLETCHER NC EMAIL: ANDY@TFMCAROLINA.COM PHONE: (616) 402-0367 ENGINEER: BROOKS ENGINEERING CONTACT: WYATT EDSEL PE ADDRESS: 15 ARLINGTON ST ASHEVILLE, NC 28801 EMAIL: WEDSEL@BROOKSEA.COM PHONE: 828-232-4700 S 300 600 SCALE: 1 "= 300 91325 S. Ise[ PROPOSED 45FT RIGHT OF WAY (TYP) \ 1 ( '" \ )t• //fiv 1)1\ _)1\//i`' EXISTING STREAM (TYP) 1 1 �.: (' F,1t'AtPA\C\TSLV,?.Y1. PIN: 9671 8 0 � PROPERTY BOUNDARY (TYP) EXISTING AREAS OVER 60% SLOPE (TYP) PROPOSED LOT LINE (TYP) (SEE SHEET C-4.14) ADJACENT PROPERTY BOUNDARY (TYP) ROAD A PROPOSED 20FT PAVED ROAD (TYP) (SEE SHEET C-4.14) EXISTING ROAD (LOCUST GROVE RD) (SR1528) EXISTING 50FT RIGHT OF WAY (TYP) Z 0 03 Z 0 w SEAL 045408 File Location: L:\2021 Projects\543521 Ripple Falls_Rich Mtn. Due Diligence\Dwg\Civil-Base-543521.dwg DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 GRADING AND STORMWATER LEGEND EXIST. BOUNDARY EXIST. ADJOINER - EXIST. STREAM EXIST. STREAM BUFFER EXIST. RIGHT OF WAY EXIST. EASEMENT EXIST. BUILDING SETBACK EXIST. MINOR CONTOUR -ELEV- EXIST. MAJOR CONTOUR ■ ■ NEW BUILDING NEW PAVEMENT ST NEW STORM PIPE LIMITS OF DISTURBANCE PROP. MINOR CONTOUR ELEV PROP. MAJOR CONTOUR pacts Summary Table Culvert Pipe Size Stream Impact (SQ.FT.) Stream Impact (AC.) Stream Impact (IF) P3 36" 120 0.00275 39 P4 48" 166 0.00381 37 P6 30" 87 0.00200 41 P7 42" 282 0.00647 38 Total - 655 0.01504 155 \\\\\� �\\, \ ` \ \\\ N„, N \� ` N \ -, N NO STREAM IMPACTS DUE TO \ \ \\ PROPOSED ROAD \ \ \ \ e• CONSTRUCTION \ \\ \ \ \ \\\\\ \\\;1\it: \\ \\\\\ \\\\\\NN\\\\\\\ \`\\\\\\ \\�\\\�\\ N \�I�\\\ \\ \\ \ \ \) 111 I1\ \ III\1 1I I I II\II\\ \\ \\ \\t\ INV IN: 2896.5' \ INV OUT: 2892.0' \ \ �\ \ \� N INV OUT: 2894.0' Figure 5.1 Impacts Plan \ \ \ 1\ \ \I \ \ S4 PERMANENT STREAM IMPACT P7: 282 SQFT OR 0.00647 AC (38LF) CULVERT - ACCESS ROAD ROAD CROSSING PROPOSED CULVERT: 36 LF 42" HDPE PIPE ROAD CROSSING PROPOSED CULVERT: 40 LF 30" HDPE PIPE PERMANENT STREAM IMPACT P6: 87 SQFT OR 0.00200 AC (41LF) CULVERT - ACCESS ROAD PROPOSED HDPE PIPE (SEE SIZING ON SHEET ST-1) 4" BASE FLOW FILL PIPE WITH STREAM BED MATERIAL TO EXISTING STREAM BED ELEVATION - 12" TYPICAL CULVERT PIPE CROSS SECTION NOT TO SCALE • - . - \\ � I• �• �240�85 .\ /77 4 4,BERT \ / I, approved \dewatering device sediment dike pumps should discharge onto a stable velocity dissipator made of rip rap or sandbags discharge hoses work area length not to exceed that which can be completed in one day STREAM DE -WATERING DETAIL stream diversion pumps intake hose sump -hole ar pool (12" to 18" deep 2' dia.) NO WORK SHALL BE PERFORMED DURING ELEVATED STREAM BASE FLOWS 0 N S 150 300 SCALE: 1 "= 150 rr��\� ��1)\ \ I L ( I \ \ \ \ N200 T - -� L B: 1 D 9, kG: 8 10, PG� 42 i // I g�N: 0i89, 883/ , \ , 7149089 / / / \ // Ax )-/1/)/' ' // / �� / ��� �( /I / //I i i A \ \ \ i \ \ \ / v / ,, / -_- • \\\ \ ‘ z \ \ \ 1 I / /,I I / ( �� \ I I/ 1• / ) 1 r\ c \ ,._ _7/I 1 / / /) l \ , / ,_ / i \ I /-(1 / / 1 -�- \ \ \ \ / 1 / f _ / / I \\ / / // / 1 N, \ j\\I /)r L � ✓ s J I� o \ 1\ \\ LOVE O E T77- D$: 1O73, P�. 56� r / Tnr. nc i♦ oc- ri / 3 i 450 2• X 2• X 38• WOODEN STAKES PLACED 5' O.C. (,,,,,./.._ 1, SECTION rem 2• X 2• X 38"WOODEN STPJCES PLACED 5' O.C. PLAN MAXIMUM DEPTH OF CONTAMINATED WATER IS 50 A OF CONCRETE WASHOUT HEIGHT 18. DIAMETER FILTREXX® SOXXTM {ALSO AVAILABLE IN 8". 12` MD 2-I DIAMETERS) PUMP CONTAMINATED WATER INTO CONCRETE WASHOUT 18" DIAMETER FILTREXX®3OXX'• {ALSO AVAILABLE IN 8'. 12` AND 21" DIAMETERS) NOTES: 1. INSTALL ON FLAT GRADE FOR OPTIMUM PERFORMANCE 2. CONCRETE WASHOU _ _TACKED IN A PYRAMIDAL CONFIGURATIO3 FOR, CONFIGURATION AND STABILITY 3. CONCRETE WASHODU RECT SEEDED AT THE TIME OF INSTALLATION FILTREXX TRENCH WATER DE -WATERING BASIN DETAIL INV OUT: 2668.0' INV OUT: 2682.0' CONSTRUCTION SEQUENCE: ALL WORK TO BE PERFORMED IN THE DRY USING PUMP AROUND SYSTEM SHOWN ALL WORK MUST BE PERFORMED ONLY AFTER 401/404 PERMIT HAS BEEN OBTAINED AND IN ACCORDANCE OF ALL CONDITIONS. 1. INSTALL FILTREX FILTER RING 2. INSTALL PUMP AROUND AND DEWATERING PUMP, DO NOT TURN ON 3. INSTALL ALL REQUIRED PUMPING PIPING 4. INSTALL UPSTREAM AND DOWNSTREAM DIKES AND BEGIN DEWATERING 5. ONCE TRENCH IS DRY, REMOVE EXISTING CULVERT (IF PRESENT) AND INSTALL NEW ONE 6. RE -STABILIZE BANK IF NECESSARY. USE BIO-DEGRADABLE EXCELSOIR CURLEX III 100% SEED FREE ASPEN FIBERS. 7. REMOVE ANY COLLECTED SEDIMENT IN TRENCH OR FILTREXX FILTER RING 8. REMOVING PUMPS AND PIPING EQUIPMENT 9. REMOVE DIKES 10. APPLY WETLAND SEED MIX TO ANY DISTURBED AREAS W 0 N Nib 1 qk S 30 60 E 90 SCALE: 1 "= 30 1 I I I'11111 \` \ , \\ \ \ \ \ I 1 1 I I III \ \\\\\\ \ \ \ \\ \� \ \\ \\\\\\ \ I I \ \ \ \ \ \ \ \\ \ \\ \\ \ 1 \\\\ \ \ \\ \\ \ N\ \\ \\ \\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\\\ \\ \\\ \ \ \ \\ \\\\ \ \ \ \ \ 1 \ \ \ \ \ \\ \ \\ \ \ \ \\\ \ \ \\ \ \ I �\\ \\ \ \\\\\ \ \ \ \ \ \ \ \ \\\\\\\\\ \ \ \\ \ \ \ \\\ \ \ \ \ 1 \\\\\\\ �\ \\ \\\\\\\\\ \\\\ \ \, V1\ 1 \ \\ 1 1\\\\\ \ \\ \ \ \\\ \\ \\ \ \ \\\\ \\\ \ \III\\\\\ \\ \ \\\\\\ \\� 1 I I \ \ \ INV IN: 22683' \ \ \ \ \ \ \ \ 11I\ S2 \\ PERMANENT STREAM IMPACT P4: 166 SQFT OR 0.00381 AC (37 LF) CULVERT - ACCESS ROAD ROAD CROSSING PROPOSED CULVERT: 36 LF 48" HDPE PIPE INV IN: 2678.0' ROAD CROSSING PROPOSED CULVERT: 36 LF 36" HDPE PIPE I 11\I PERMANENT STREAM IMPACT S 1 1 i \ P3: 120 SQFT OR 0.00275 AC (39 LF) CULVERT - ACCESS ROAD \ 15 Arlington Street U) 0 0 N 0 N I REVISIONS/SUBMISSIONS HENDERSON C OUNTY TRC STREAM IMPACTS d z N Revision/Submission number with a triangle indicates changes made on this sheet \\\\\\111111111/,,��/ \\\�� N CARAO SEAL 035686 O F!VGI //''%y�H. KINNWR\\\\\\ FINAL DRAWING - FOR REVIEW PURPOSES ONLY h AS NOTED ai 0 OD N O N 0 a) U a) 0 Asheville, N.C. 28801 Phone: 1-828-232-4700 Fax: 1-828-232-1331 D) • a) U C• .N C7) a . i CVS a a.) a wo cn ▪ w =• RICH MOUNTAIN SUBDIVISION PHASE 1 RESIDENTIAL SUBDIVISION NORTH CAROLINA HENDERSON COUNTY Drawing Title: STREAM IMPACTS PLAN File Location: L:\2021 Projects\543521 Ripple Falls_Rich Mtn. Due Diligence\Dwg\Stream impacts_recover.dwg DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 GRADING AND S TORMWA TER LEGEND EXIST. BOUNDARY — — EXIST. ADJOINER — EXIST. STREAM EXIST. STREAM BUFFER EXIST. RIGHT OF WAY EXIST. EASEMENT — EXIST. BUILDING SETBACK L J ▪ EXISTING BUILDING r EXISTING SIDEWALK EXISTING PAVEMENT EXIST. sO EXIST. Oc.o. EXIST. E—SS EXIST. EXIST. E—W EXIST. IWMI EXIST. HYDt5 EXIST. wvlXl EXIST. E OU EXIST. PPS fl EXIST. E U EXIST. E—ST EXIST. EXIST. • EXIST. ® EXIST. Q EXIST. © EXIST. DI EXIST. EXIST. ST ...................... ...................... ELEV CURB MANHOLE MANHOLE SANITARY SEWER SEWER CLEAN OUT WATER LINE WATER METER FIRE HYDRANT WATER VALVE OVERHEAD UTILITIES POWER POLE UNDRGRND UTILITIES STORM DRAIN CURB INLET JUNCTION BOX DROP INLET TELE MANHOLE DROP INLET TRANFORMER LIGHT POLE EXIST. MINOR CONTOUR EXIST. MAJOR CONTOUR NEW BUILDING NEW PAVEMENT NEW HEADWALL NEW FLARED END SECTION NEW STORM PIPE RIP RAP LINED DITCH NEW MINOR CONTOUR NEW MAJOR CONTOUR NEW SPOT GRADE NEW PROPERTY LINES NEW RIGHT OF WAY LIMITS OF DISTURBANCE NEW WALL (BY OTHERS) DEVELOPMENT DATA PROPERTY ADDRESS: LOCUST GROVE ROAD HENDERSONVILLE NC PIN NUMBER: 9672712573, 9672423071, 9672410864 PROPERTY SIZE: PH1: 88.89 AC - TOTAL: 256.28 AC ZONING REVIEW: HENDERSON COUNTY EROSION CONTROL REVIEW: HENDERSON COUNTY STORMWATER REVIEW: HENDERSON COUNTY ZONING CLASSIFICATION: R3 PROPOSED NUMBER OF UNITS: PH1: 22 -TOTAL: 60 PROPOSED DENSITY: PH1: 0.247 LOTS/AC - TOTAL: 0.234 LOTS / AC PROPOSED LINEAR FEET OF ROAD: PHASE 1: 7,139 LF TOTAL ON PROPERTY: 11,717 LF LOTS 1-51 ARE LOCATED IN A FARMLAND PRESERVATION DISTRICT, LOTS 52-60 ARE WITHIN 1/2 MILE OF A THE FARMLAND PRESERVATION DISTRICT WATER AND SEWER WILL BE PROVIDED BY INDIVIDUAL WELLS AND SEPTIC SYSTEMS PUBLIC WATER AND SEWER ARE APPROXIMATELY 3.0 MILES FROM THE SITE DRY HYDRANT IS LOCATED APPROXIMATELY 0.90 ROAD MILES FROM THE ENTRANCE TO THE SITE PROPERTY OWNER: RIPPLE FALLS, LLC CONTACT: ANDY BAKER ADDRESS: 69 CLARK GAP ROAD FLETCHER NC EMAIL: ANDY@TFMCAROLINA.COM PHONE: (616) 402-0367 DEVELOPER: RIPPLE FALLS, LLC CONTACT: ANDY BAKER ADDRESS: 69 CLARK GAP ROAD FLETCHER NC EMAIL: ANDY@TFMCAROLINA.COM PHONE: (616) 402-0367 ENGINEER: BROOKS ENGINEERING CONTACT: WYATT EDSEL PE ADDRESS: 15 ARLINGTON ST ASHEVILLE, NC 28801 EMAIL: WEDSEL@BROOKSEA.COM PHONE: 828-232-4700 STORM AND EROSION NOTES PROPERTY SIZE: PH1: 88.89 AC. - TOTAL: 256.28 AC. PROPERTY STEEPER THAN 60%: 16.76 AC (6.82%) PROJECT DENSITY: PH1: 0.247 LOTS/AC. - TOTAL 0.234 LOTS/AC. IMPERVIOUS SUMMARY: ROADS: PH1: 3.27 AC. - TOTAL: 5.40 AC. HOUSES & DRIVES (15,000 SF / LOT): 7.58 AC. - 20.66 AC. TOTAL: 10.85 AC. (12.21 %) - 26.06 AC. (10.16%) EROSION CONTROL NOTES: 1. SEE SHEET C-5.11 FOR STABILIZATION TIME FRAMES. 2. EROSION CONTROL MEASURES WILL BE MAINTAINED AT ALL TIMES. IF FULL IMPLEMENTATION OF THE APPROVED PLAN DOES NOT PROVIDE FOR EFFECTIVE EROSION CONTROL, ADDITIONAL EROSION AND SEDIMENT CONTROL MEASURES SHALL BE IMPLEMENTED TO CONTROL OR TREAT THE SEDIMENT SOURCE AND AN AMENDED PLAN BE SUBMITTED AND APPROVED SHOWING MODIFIED EROSION CONTROL DEVICES. STORMWATER NOTES: 1. ALL STREAMS SHALL HAVE A 30' SETBACK FOR NEW BUILT -UPON AREAS. 2. ALL PIPE SHALL BE DOUBLE -WALL HDPE WITH PROPER STONE BEDDING AND SHALL HAVE A MINIMUM COVER OF 30". 3. ALL FILL SLOPES SHALL BE COMPACTED FULL DEPTH TO NOT LESS THAN 95 PERCENT MAXIMUM DENSITY (STANDARD PROCTOR), SHALL BE PLACED ON A SURFACE CLEAR OF GROWTH AND DEBRIS AND BE PROPERLY BENCHED AND DRAINED. 4. ALL SLOPES GREATER THAN 3:1 AND TALLER THAN 10 FEET SHALL BE SEEDED AND COVERED WITH MATTING AS SHOWN IN THE PLANS. 5. AN APPROVED GRADING PERMIT IS REQUIRED FOR ANY BORROW OR WASTE SITE PRIOR TO INITIATION OF ANY LAND DISTURBING ACTIVITY. *ALL CONSTRUCTION SHALL BE IN ACCORDANCE WITH THE LATEST EDITION OF DETAILS, SPECIFICATIONS, AND OTHER DEVELOPMENT ORDINANCES OF HENDERSON CO. 0 100 / / // \ l / W VE,,RQBER T / bB: f690, PG 42 1 / PII1 9671490S8 , ( / , / ( ° / // / / / / ( 1 / / ///�\\\ \ \ \ // \ \ \ ) l \ \ \ / I S 200 300 SCALE: 1"= 100 / I f \ 1 \ \_______ i\---___ —\ \ \ 1 ,-� 1 / 1_J \ter / i� I J / // / / / 1 1 / / 1 / / / \ / r / / / i / / \, / / / ( / 7 _21 / \' 1/ / ( / JI / ) / _ - �I / L A( / / / 1 / / ,\ / \ / / / / / ,i / / / / -- ) ( \ \ /Liz / / / 1 \ \ \ v1 / I I t)?\ 7 1 / l j If\1 \ / / // l / / \ \ / I ____// / ( 3 \ / I/ / 7l �\ 1/ f % 1 \ /1 / / \ \ / /' ( /I �-/- -' / / / \ \ / 7[:\ \ \ /—/ I 2 / / \ \ �\ \ N \ `---- ----- / / / / / —`•-•-, P9 PROPOSED 20' TEMPORARY STREAM CROSSING 7 L ( \ \X\St i / \ / PROPOSED 25' TEMPORARY STREAM CROSSING / —I D13: 10(89„PG: 481 l PAN: ?6725188 I ) \ r . f 6.. 9 Acres \ \ / \\ \ \ \ \ 266(I 1 4 Fe 6,c\ \ 1 \\ \ \\ \ x x lS8,2 E\ \ \ \ \ \ \ EXISTING DELINEATED STREAM \ \\\ \ \\\ 7 3.172 \cres\\ \ \ / 125 1 C\ Sq. Feed — — \ \ \ \ \ \ \ \ \ \\ \ \ \ \ \ \ \ \ \ \\\ \\ \\ \ \ \ \\\\ , ,\ \\ .\\ \\ Figure 5.2: Temporary Impacts Plan XX BETT 1-- \ \ \ \ \ \ \ \ \ N \k4-‘1\6`94 N I X\ XP N\ X \ \ \ \ \ \\ \ -- I N \° i i) \ \\ i ' N \ \ 7) \ ))1 \ I Is' / i ( 1 // // --------- 1 , , y I \ IIII 110k\ \\ 0\ z \\\\ \ \\ " " \\\\\ \\\\\\\ 7/-1 \ /) \\O \ \I \ \ \\\\\\ %/- //// \\\i • LOVE 00 '[7---`7---zP DB: 1031P 1,5 / / r/ EXISTING DELINEATED STREAM \ N cts 0 03 06 0 SEAL 045408 15 Arlington Street Asheville, N.C. 28801 Phone: 1-828-232-4700 tes changes made on this s ion number with a triangle i Ce LLI ce Fax: 1-828-232-1331 CD • www.brooksea.com LLI • RICH MOUNTAIN SUBDIVISION PHASE 1 8 on a_ RESIDENTIAL SUBDIVISION NORTH CAROLINA HENDERSON COUNTY 0 Lil 12 l— File Location: L:\2021 Projects\543521 Ripple Falls_Rich Mtn. Due Diligence\Dwg\Archive\2022-01-13 Clement Tewmp\Civil-Base-543521.dwg DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) I _I Project Boundary FEMA Flood Zone AREA OF MINIMAL FLOOD HAZARD 500 1,000 2,000 Drawn Project #1219 Feet �I I 1 1 1 Project Boundary 0441111111116 AMMO Henderson County, North Carolina [LearWater An EnviroScience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 FEMA Flood Zone Map FIRM Panels: 3700967200J & 3700967100J (Eff. 10/02/2008) Figure 6 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Appendix A: Preliminary Jurisdictional Determination DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Jurisdictional Determination Request US Army Corps of Engineers Wilmington D strict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw.usace. army.mil/Missions/Re gul atoryPermitPro gram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Depailment of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: Locust Grove Road City, State: Fletcher, North Carolina County: Henderson Parcel Index Number(s) (PIN): 9671584594; 9671595717; 9672410864; 9672420371; 9672513683; 9672712573 B. REQUESTOR INFORMATION Name: ClearWater Environmental Consultants Mailing Address: 145 7th Avenue W; Suite B Telephone Number: Electronic Mail Address: Select one: Hendersonville, NC 28792 828-698-9800 jeff@cwenv.com I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: Ripple Falls, LLC (Attn: Andy Baker) Mailing Address: 69 Clark Gap Road Telephone Number: Electronic Mail Address: Fletcher, NC 28732 (616) 402-0367 andy@tfmcarolina.com ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3'4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: ❑ Owner ❑✓ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) El I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. ❑ I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps L confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization faun/letter signed by owner(s). Version: May 2017 Page 3 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS n Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area +/- 84 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS ❑✓ ❑✓ Project Coordinates (Decimal Degrees): Latitude: 35.408678 Longitude: -82.441143 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x 17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. n Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Pro gram/Jurisdiction/ Version: May 2017 Page 5 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Pro gram/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization Form C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A 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: Henderson City: Fletcher Center coordinates of site (lat/long in degree decimal format): Lat.: 35.408678 Long.: -82.441143 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Featherstone Creek (Class C) 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) See Attached Aquatic Resources Table. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Table 1. Aquatic Resources Site number Latitude Longitude Estimated amount of aquatic resource in review area Type of aquatic resource Geographic authority to which the aquatic resources "may be" subject WA 35.407485 -82.443106 0.002 Wetland Section 404 WB 35.410974 -82.442097 0.001 Wetland Section 404 WC 35.411036 -82.442078 0.007 Wetland Section 404 WD 35.411278 -82.442305 0.002 Wetland Section 404 SA (Per) 35.401651 -82.438222 71 Wetland Section 404 SA (Int) 35.401506 -82.438357 81 Non -Wetland Waters Section 404 SB 35.401506 -82.438022 26 Non -Wetland Waters Section 404 SC 35.402364 -82.438685 403 Non -Wetland Waters Section 404 SD 35.402815 -82.438693 40 Non -Wetland Waters Section 404 SE 35.405995 -82.439173 190 Non -Wetland Waters Section 404 SF 35.406157 -82.439396 375 Non -Wetland Waters Section 404 SG (Int) 35.408043 -82.442178 51 Non -Wetland Waters Section 404 SH 35.407604 -82.442981 90 Non -Wetland Waters Section 404 Si 35.411016 -82.442164 150 Non -Wetland Waters Section 404 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 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:Vicinity, USGS Topo, Aerial, USDA Soil, Wetland/Stream Delineation O Data sheets prepared/submitted by or on behalf of the PJD requestor. n Office concurs with data sheets/delineation report. n 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: 1:24,000 Scale; Fruitland Quad ❑ 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): NCCGIA 2019 or ■❑ Other (Name & Date): Photo log (CEC 08/19/21 & 10/27/21) n Previous determination(s). File no. and date of response letter: n Other information (please specify): Property Data 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 r DocuSigned by: 2. U 2160 DA79F7DC85FF4F7 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1/25/2022 1 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. DocuSign Envelope ID: 2CE34532-C6FA-4514-AFO9-DE49B6724B52 ` Waters_Name HGM_Cotle I Meas_Type I WA NORTH CAROLINA PFO Area 0.002 ACRE DELINEATE 35.40748500-82.44310600 WB NORTH CAROLINA PFO Area 0.001 ACRE DELINEATE 35.41097400 -82.44209700 WC NORTH CAROLINA PFO Area 0.007 ACRE DELINEATE 35.41103600-82.44207800 WD NORTH CAROLINA PFO Area 0.002 ACRE DELINEATE 35.41127800 -82.44230500 SA(Per) NORTH CAROLINA R5 Linear 71 FOOT DELINEATE 35.40165100-82.43822200 SA(Int) NORTH CAROLINA R4 Linear 81 FOOT DELINEATE 35.40150600 -82.43835700 SB NORTH CAROLINA R5 Linear 26 FOOT DELINEATE 35.40150600 -82.43802200 SC NORTH CAROLINA R5 Linear 403 FOOT DELINEATE 35.40236400 -82.43868500 SD NORTH CAROLINA R5 Linear 40 FOOT DELINEATE 35.40281500 -82.43869300 SE NORTH CAROLINA R5 Linear 190 FOOT DELINEATE 35.40599500 -82.43917300 SF NORTH CAROLINA R5 Linear 375 FOOT DELINEATE 35.40615700 -82.43939600 SG(Int) NORTH CAROLINA R4 Linear 51 FOOT DELINEATE 35.40804300 -82.44217800 SH NORTH CAROLINA R5 Linear 90 FOOT DELINEATE 35.40760400 -82.44298100 SJ NORTH CAROLINA R5 Linear 150 FOOT DELINEATE 35.41101600 -82.44216400 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) is m _cs S C h to�; "?o, a Royal\Pines Ai Fletcher v 0 a L _ _ I Project Boundary Terrace "(1-Rd— Hoopers Cr ee k 0 0.5 1 2 Miles Drawn by:2MG Date; 12.29.21 CEC Proje t #1219 Henderson County, North Carolina o4 a,. aC'ap Rd Project Boundary Goodluck Oak Hill [LearWater An EnviroSsience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 • Fruitland �S_M IIS_Gap=R y\ j Vicinity Map Figure 1 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) Drawn by: JMG Date; 12.29:21 CEC _Project'#s1219 Henderson County, North Carolina [LearWater An EnviroScience Companya 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USGS Topographic Map 1:24K; Fruitland Quad Figure 2 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) Henderson County, North Carolina CLearWaher An Enviracience Company 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 Aerial Imagery Map NCCGIA 2019 Figure 3 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) r=i Project Boundary USDA Soil Type AhF: Ashe stony sandy loam, 25 to 45 percent slopes AhG: Ashe stony sandy loam, 45 to 70 percent slopes ArG: Ashe-Rock outcrop complex, 15 to 70 percent slopes EdE: Edneyville (edneytown) fine sandy loam, 15 to 25 percent slopes EvC: Evard fine sandy loam, 7 to 15 percent slopes PoE: Porters stony loam, 15 to 25 percent slopes TeC: Tate fine sandy loam, 7 to 15 percent slopes TuE: Tusquitee stony loam, 15 to 25 percent slopes TuF: Tusquitee stony loam, 25 to 45 percent slopes 08.03.2.1 Project.#1219 Henderson County, North Carolina [LearWater An EnviroScience Company® 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USDA Soils Map NRCS Web Soil Survey Figure 4 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Overview (+1- 84 AC) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Phase 1 & Easement Boundary: Brooks Engineering; Topography: Henderson County; Aerial Imagery: NC OneMap * Data Form Wetland Streams Intermittent Perennial Culvert [___; Phase 1 Boundary [___; Road Easement 10 ft. Contours Potentially Jurisdictional Waters of the US Stream Linear Feet SA (Per) SA (Int) SB SC SD SE SF SG (Int) SH SJ Total Acres (streambed) 0 250 500 Wetland Acres 0.002 0.001 0.007 0.002 1,000 Feet WD WC SJ ' DP -WC WB Potential Non -Wetland Waters of the US SJ - 150 L.F. (0.009 Ac) Potential Non -Wetland Waters of the US SH - 90 L.F. (0.007 Ac) Potential Wetland Waters of the US WA-0.002A Phase 1 Project Boundary Potential Wetland Waters of the US WD - 0.002 Ac Potential Wetland Waters of the US WC - 0.007 Ac Potential Wetland Waters of the US WB - 0.001 Ac Potential Non -Wetland Waters of the US SG (Int) - 51 L.F. (0.001 Ac) is I. Potential Non -Wetland - I' Waters of the US SF - 375 L.F. (0.033 Ac) 1 1 1 1 1 1 Potential Non -Wetland Waters of the US SE - 190 L.F. (0.013 Ac) • DP Potential Potential Non -Wetland Waters of the US SC - 403 L.F. (0.061 Ac) Potential Non -Wetland Waters of the US SA (Per) - 71 (0.005 Ac) SA (Int) - 81 L.F. (0.007 Ac) 100' Corridor Centered on Alignment N Potential Non -Wetland Waters of the US SD - 40 L.F. (0.004 Ac) sc \ _SA _t Potential Non -Wetland Waters of the US SB - 26 L.F. (0.002 Ac) Henderson County, North Carolina CLearWaer An EnviroScience Company 145 7th Avenue West, Suite B Hendersonville, NC 28792 Wetland & Stream Map Delineated August 19 & October 27, 2021 Figure 5 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 Detail (+1- 84 AC) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Phase 1 & Easement Boundary: Brooks Engineering; Topography: Henderson County; Aerial Imagery: NC OneMap j------------- I DP-UPL 1 1 I Potential Wetland Waters of the US WD - 0.002 Ac Potential Wetland Waters of the US WC - 0.007 Ac WD WC SJ * DP -WC WB Potential Non -Wetland Waters of the US SJ - 150 L.F. (0.009 Ac) Potential Non -Wetland Waters of the US SH - 90 L.F. (0.007 Ac) 1 SH WA Potential Wetland Waters of the US WB - 0.001 Ac \ \ • • \j \\ • SG/SDP-SG I 1 i— Potential Non -Wetland I ► Waters of the US SG (Int) - 51 L.F. (0.001 Ac) Potential Wetland Waters of the US WA - 0.002 Ac • \ • • • • r#T 7 SF Phase 1 Project Boundary • \ Potential yJurisdictional Waters of the US Stream Wetland Linear Feet Acres (stream bed) Acres SA (Per) SA (Int) SB SC SD SE SF SG (Int) SH SJ Total 71 0.005 WA 0.002 81 26 0.007 0.002 WB WC 0.001 0.007 403 0.061 WD 0.002 40 190 0.004 0.013 375 0.033 51 90 0.001 0.007 150 0.009 1,477 0.142 Total 0.012 * Data Form - Wetland Streams Intermittent Perennial Culvert [-- Phase 1 Boundary L I Road Easement 10 ft. Contours N\ Potential Non -Wetland Waters of the US SF - 375 L.F. (0.033 Ac) Potential Non -Wetland Waters of the US SE - 190 L.F. (0.013 Ac) \ • • • SE \\ I 1 1 Drawn by: JMG;111.02.21; CEC Project#`1219 � � Henderson County, North Carolina [LearWater An ErwiroScience Companyg 145 7th Avenue W; Suite B Hendersonville, NC 28792 Wetland & Stream Map Delineated August 19 & October 27, 2021 Figure 5.1 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Easement Detail (+1- 84 AC) Potential Non -Wetland Waters of the US SH - 90 L.F. (0.007 Ac) Potential Wetland Waters of the US WA - 0.002 Ac * Data Form - Wetland Streams Intermittent Perennial Phase 1 Boundary Road Easement DPI SG ( I \\ • • • • • • SG Potential Non -Wetland Waters of the US SG (Int) - 51 L.F. (0.001 Ac) • • • • • _ SF \ • • • \\ 1�� SF �\\ Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Phase 1 & Easement Boundary: Brooks Engineering; Topography: Henderson County; Aerial Imagery: NC OneMap 1"" Potential ly J urisdictional Waters of the US Stream Wetland Linear Feet Acres (stream bed) Acres SA (Per) 71 0.005 WA 0.002 SA (Int) 81 0.007 WB 0.001 SB 26 0.002 WC 0.007 SC 403 0.061 WD 0.002 SD 40 0.004 SE 190 0.013 SF 375 0.033 SG (Int) 51 0.001 SH 90 0.007 SJ 150 0.009 Total 1,477 0.142 Total 0.012 j SEi 1 1 \ \� , \ \ DP-UPL 2 I / /!� I I I 1 \• SD\ 1 ,\ \`\ SC / \� SB / / / / 1 / 1 1 1 1 1 1 / / / / Centered on Alignment I 1/ / // I I 1 1 I 1 I / / I I I 1 1 I I 1 • • • • 100' Corridor Drawn by:TJMG 91A2.21; CEC Project# 1219 44 Potential Non -Wetland Waters of the US SF - 375 L.F. (0.033 Ac) Potential Non -Wetland Waters of the US SE - 190 L.F. (0.013 Ac) SC Potential Non -Wetland Waters of the US SD - 40 L.F. (0.004 Ac) • Potential Non -Wetland Waters of the US SA (Per) - 71 (0.005 Ac) SA (Int) - 81 L.F. (0.007 Ac) Potential Non -Wetland Waters of the US SC - 403 L.F. (0.061 Ac) \\ • • 1 \ SB Potential Non -Wetland Waters of the US SB - 26 L.F. (0.002 Ac) Henderson County, North Carolina [LearWater An EmiroScience Companyg 145 7th Avenue W; Suite B Hendersonville, NC 28792 Wetland & Stream Map Delineated August 19 & October 27, 2021 Figure 5.2 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Rich Mountain Phase 1 Applicant/Owner: City/County: Fletcher / Henderson Investigator(s): B. Yant & J. Golladay Landform (hillside, terrace, etc.): Hillside Subregion (LRR or MLRA): LRR N, MLRA 130E Lat: 35.411377 Sampling Date: 10/27/21 State: NC Sampling Point: DP-UPL 1 Section, Township, Range: Fletcher Local relief (concave, convex, none): Convex Slope (%): 30 Soil Map Unit Name: AhG: Ashe stony sandy loam, 45 to 70 percent slopes Long: -82.443795 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: None Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes No X Remarks: Data point location is upland. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Water (A1) Aquatic Plants (B14) Vegetated Concave _Surface _True _Sparsely High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Deposits (B3) Muck Surface (C7) Visible on Aerial _Drift _Thin _Saturation Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Fails to satisfy criteria for wetland hydrology ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPL 1 Tree Stratum (Plot size: 30 1. Acer rubrum 2. Betula lenta 3. Gleditsia triacanthos 4. 5. 6. 7. Absolute Dominant Indicator % Cover Species? Status 50 Yes FAC 25 Yes FACU 15 No FAC 90 =Total Cover 50% of total cover: 45 20% of total cover: 18 Sapling/Shrub Stratum (Plot size: 15 1. Hydrangea arborescens 30 Yes FACU 2. Quercus rubra 3. 4. 5. 6. 7. 8. 9. 10 Yes FACU 40 =Total Cover 50% of total cover: 20 20% of total cover: 8 Herb Stratum (Plot size: 5 1. Polystichum acrostichoides 10 Yes FACU 2. Rosa multiflora 3 No FACU 3. Geum canadense 2 No FACU 4. Dennstaedtia punctilobula 5 Yes FACU 5. 6. 7. 8. 9. 10. 11. 20 =Total Cover 50% of total cover: 10 20% of total cover: 4 Woody Vine Stratum (Plot size: 15 1. Toxicodendron radicans 2. Celastrus orbiculatus 3. 4. 5. 5 3 Yes FAC Yes FACU 8 =Total Cover 50% of total cover: 4 20% of total cover: 2 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 25.0% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 70 x 3 = 210 FACU species 88 x 4 = 352 UPL species 0 x 5 = 0 Column Totals: 158 (A) 562 (B) Prevalence Index = B/A = 3.56 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) Fails to meet criteria for hydrophytic vegetation ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 SOIL Sampling Point: DP-UPL 1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Color (moist) Ok 0-1 7.5YR 3/2 100 1-10 10YR 3/3 100 Redox Features Color (moist) % Typel Loc2 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Texture Remarks Loamy/Clayey Loamy/Clayey Auger refusal on rock at 10" 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: Fails to meet criteria for hydric soils. Auger refusal on rock at 10". ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Rich Mountain Phase 1 Applicant/Owner: City/County: Fletcher / Henderson Investigator(s): T. Kurtz & J. Golladay Landform (hillside, terrace, etc.): Crenulation Subregion (LRR or MLRA): LRR N, MLRA 130E Lat: 35.405148 Sampling Date: 8/19/21 State: NC Sampling Point: DP-UPL 2 Section, Township, Range: Fletcher Local relief (concave, convex, none): Concave Slope (%): 15 Long: -82.438625 Datum: NAD83 Soil Map Unit Name: EdE: Edneyville (edneytown) fine sandy loam, 15 to 25 percent slopes NWI classification: None Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes No X Remarks: Data point location is upland. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Water (A1) Aquatic Plants (B14) Vegetated Concave _Surface _True _Sparsely High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Saturation Visible on Aerial _ _Thin _ Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Fails to satisfy criteria for wetland hydrology ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPL 2 Tree Stratum (Plot size: 1. Betula lenta 30 2. Oxydendrum arboreum 3. Liriodendron tulipifera 4. 5. 6. 7. Absolute % Cover 5 Dominant Indicator Species? Status No FACU 10 Yes UPL 30 Yes FACU 45 =Total Cover 50% of total cover: 23 Sapling/Shrub Stratum (Plot size: 15 1. Rhododendron maximum 2. Betula lenta 3. Liriodendron tulipifera 4. Carya tomentosa 5. Carya glabra 6. Oxydendrum arboreum 7. 8. 9. 20 10 5 5 5 5 20% of total cover: 9 Yes FAC Yes FACU No FACU No UPL No FACU No UPL 50 =Total Cover 50% of total cover: 25 20% of total cover: 10 Herb Stratum (Plot size: 5 1. Toxicodendron radicans 2. Acer rubrum 3. Parthenocissus quinquefolia 4. Potentilla simplex 5. Cypripedium acaule 6. 7. 8. 9. 10. 11. 5 2 5 2 2 Yes No Yes No No 16 =Total Cover FAC FAC FACU FACU FACU 50% of total cover: 8 20% of total cover: 4 Woody Vine Stratum (Plot size: 15 1. Vitis rotundifolia 2. 3. 4. 5. 10 Yes 10 =Total Cover FAC 50% of total cover: 5 20% of total cover: 2 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 3 (A) Total Number of Dominant Species Across All Strata: 7 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 42.9% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 37 x 3 = 111 FACU species 64 x 4 = 256 UPL species 20 x 5 = 100 Column Totals: 121 (A) 467 (B) Prevalence Index = B/A = 3.86 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) Fails to meet criteria for hydrophytic vegetation ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 SOIL Sampling Point: DP-UPL 2 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth (inches) Matrix Color (moist) Ok 0-22 10Y R 3/2 100 22-24 10Y R 4/4 100 Redox Features Color (moist) % Typel Loc2 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Texture Remarks Loamy/Clayey Loamy/Clayey 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: Fails to meet criteria for hydric soils. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Rich Mountain Phase 1 Applicant/Owner: City/County: Fletcher / Henderson Investigator(s): B. Yant & J. Golladay Landform (hillside, terrace, etc.): Crenulation Subregion (LRR or MLRA): LRR N, MLRA 130E Lat: 35.411077 Sampling Date: 10/27/21 State: NC Sampling Point: DP -WC Section, Township, Range: Fletcher Local relief (concave, convex, none): Concave Slope (%): 15 Soil Map Unit Name: AhG: Ashe stony sandy loam, 45 to 70 percent slopes Long: -82.442097 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? Are Vegetation , Soil , or Hydrology Are Vegetation , Soil , or Hydrology NWI classification: None Yes X No (If no, explain in Remarks.) significantly disturbed? Are "Normal Circumstances" present? Yes X No naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Hydric Soil Present? Wetland Hydrology Present? Yes X Yes X Yes X No No No Is the Sampled Area within a Wetland? Yes X No Remarks: Data point is located in a linear wetland feature. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ X Surface Water (Al) Aquatic Plants (B14) X Sparsely Vegetated Concave _True X High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ Water Marks (B1) Presence of Reduced Iron (C4) Dry -Season Water Table _ _ _ Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Saturation Visible on Aerial _ _Thin _ Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) X Geomorphic Position (D2) _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ X Water -Stained Leaves (B9) Microtopographic Relief _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes X No Depth (inches): 0.5 Wetland Hydrology Present? Yes X No Water Table Present? Yes X No Depth (inches): 8 Saturation Present? Yes X No Depth (inches): 8 (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Satisfies criteria for wetland hydrology. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP -WC Tree Stratum 1. 2. 3. 4. 5. 6. 7. (Plot size: 30 Absolute Dominant Indicator % Cover Species? Status =Total Cover 50% of total cover: 20% of total cover: Sapling/Shrub Stratum (Plot size: 15 1. Rhododendron maximum 60 Yes FAC 2. Acer rubrum 10 No FAC 3. 4. 5. 6. 7. 8. 9. Herb Stratum 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. (Plot size: 70 =Total Cover 50% of total cover: 35 20% of total cover: 14 5 =Total Cover 50% of total cover: 20% of total cover: Woody Vine Stratum (Plot size: 15 1. 2. 3. 4. 5. =Total Cover 50% of total cover: 20% of total cover: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 1 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 100.0% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 70 x 3 = 210 FACU species 0 x 4 = 0 UPL species 0 x 5 = 0 Column Totals: 70 (A) 210 (B) Prevalence Index = B/A = 3.00 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation X 2 - Dominance Test is >50% X 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 SOIL Sampling Point: DP -WC Depth (inches) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features Color (moist) % Color (moist) % Typel Loc2 Texture 0-8 10YR 3/1 100 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Remarks Mucky Loam/Clay Auger refusal at 8". 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) _ 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) X Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: Soil satisfies the criteria for hydric soils. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 NC DWQ Stream Identification Form Version 4.11 Date: 08/19/21 Rich Mountain Phase 1 Latitude: 35.408090 Evaluator: T. Kurtz & J. Golladay County: Henderson Longitude: - 82.442166 Total Points: Stream is at least intermittent if 19 or perennial if 30* Stream Determination: Ephemeral Intermittent Perennial Other Stream Name: SG 20.75 Intermittent Absent Weak Moderate Strong 1. Continuity of channel bed and bank* 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel No = 0 Yes = 3 *artificial ditches are not rated; see discussions in manual A. Geomorphology Subtotal 10 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 B. Hydrology Subtotal 3.5 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 0.75 *perennial streams may also be identified using other methods. C. Biology Subtotal 7.25 Notes: Stream is intermittent until it terminates - possibly continuing underground. Stagnant water in most of channel, few macroinvertabltes observed (3 casebuilding caddisfly). Sketch: DocuSignEnvelope ID: 2CE34532C6FA-4514-AF09-DE 9B6 24B52 pitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network 10 tu- n Jan 2021 r �n Feb 2021 r'l n Mar 2021 Apr 2021 Coordinates 35.408678, -82.441143 Observation Date 2021-08-19 Elevation (ft) 3212.58 Drought Index (PDSI) Moderate wetness WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason Deters U.S. Army Corps of Engineers _rq May 2021 Jun FlrrA n_ Jul 2021 2021 Aug 2021 2021-08-19 � I"I Sep 2021 1 - Daily Total - 30-Day Rolling Total 30-Year Normal Range n v � n it, rn [1 n n fl Oct Nov Dec 2021 2021 2021 30 Days Ending 30th %ile (in) 70th %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2021-08-19 4.056299 6.608662 7.614173 Wet 3 3 9 2021-07-20 3.185433 5.629134 3.968504 Normal 2 2 4 2021-06-20 3.42874 5.884646 3.07874 Dry 1 1 1 Result Normal Conditions - 14 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted L Days (Normal) Days (Antecedent) HENDERSONVILLE 1 NE 35.3297, -82.4492 2160.105 5.476 1052.475 8.227 11179 88 HENDERSONVILLE 4.9 NNE 35.3915, -82.444 2291.995 1.198 920.585 1.642 31 0 FLETCHER 3.1 SE 35.4,-82.467 2553.15 1.575 659.43 1.747 1 0 FLETCHER 2.5 E 35.4412, -82.4596 2201.116 2.476 1011.464 3.618 25 0 FLETCHER 2 NE 35.45, -82.4833 2189.961 3.713 1022.619 5.467 1 0 GERTON 0.4 SW 35.476, -82.353 2815.945 6.801 396.635 5.758 0 2 HENDERSONVILLE 9.6 ENE 35.3857, -82.3103 2773.95 7.538 438.63 6.699 5 0 FLETCHER 0.8 W 35.4344, -82.5163 2108.924 4.59 1103.656 7.131 5 0 FLETCHER 1.2 WSW 35.4308, -82.5242 2116.142 4.92 1096.438 7.609 2 0 ASHEVILLE RGNL AP 35.4319, -82.5375 2117.126 5.658 1095.454 8.744 104 0 DocuSignEnvelope ID: 2CE34532C6FA-4514-AF09-DE 9B6 24B52 pitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network j‘i LT!! Apr 2021 May 2021 Coordinates 35.408678, -82.441143 Observation Date 2021-10-27 Elevation (ft) 3212.58 Drought Index (PDSI) Moderate wetness WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written byJason Deters U.S. Army Corps of Engineers ,rj zozi-os-za Aug 2021 PI id] Sep 2021 Oct 2021 021-10-27 II n nn Nov 2021 Dec 2021 Jan 2022 - Daily Total - 30-Day Rolling Total 30-Year Normal Range Feb 2022 Mar 2022 30 Days Ending 30th %ile (in) 70th %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2021-10-27 2.156693 4.490158 4.594488 Wet 3 3 9 2021-09-27 3.008662 5.91063 2.153543 Dry 1 2 2 2021-08-28 3.388583 6.638977 7.122047 Wet 3 1 3 Result Normal Conditions - 14 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted L Days (Normal) Days (Antecedent) HENDERSONVILLE 1 NE 35.3297, -82.4492 2160.105 5.476 1052.475 8.228 11175 90 HENDERSONVILLE 4.9 NNE 35.3915, -82.444 2291.995 1.198 920.585 1.642 32 0 FLETCHER 3.1 SE 35.4,-82.467 2553.15 1.575 659.43 1.747 1 0 FLETCHER 2.5 E 35.4412, -82.4596 2201.116 2.476 1011.464 3.619 26 0 FLETCHER 2 NE 35.45, -82.4833 2189.961 3.713 1022.619 5.468 1 0 GERTON 0.4 SW 35.476, -82.353 2815.945 6.801 396.635 5.758 2 0 HENDERSONVILLE 9.6 ENE 35.3857, -82.3103 2773.95 7.538 438.63 6.698 5 0 FLETCHER 0.8 W 35.4344, -82.5163 2108.924 4.59 1103.656 7.131 5 0 FLETCHER 1.2 WSW 35.4308, -82.5242 2116.142 4.92 1096.438 7.608 2 0 ASHEVILLE RGNL AP 35.4319, -82.5375 2117.126 5.658 1095.454 8.744 104 0 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Appendix B: Federally Protected Species Information and Habitat Assessment DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Approximately 84 Acres Henderson County, NC Threatened and Endangered Species Habitat Assessment Prepared For Ripple Falls LLC 69 Clark Gap Road Fletcher, NC 28732 Prepared By ClearWater Environmental Consultants, an EnviroScience Company 145 7th Avenue W Suite B Hendersonville, NC 28792 January 12, 2022 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 INTRODUCTION The following report includes methods used and results for a threatened and endangered species habitat assessment for the proposed Rich Mountain development. The project area is approximately 84-acres and is comprised of forested, riparian and wetland areas. The tract is in Hendersonville, Henderson County, North Carolina (Figure 1). The project area ranges in elevation from 2610 feet to 3220 feet above mean sea level (MSL) (Figure 2). The threatened and endangered species habitat assessment was conducted to determine the potential for federally listed threatened and endangered flora and fauna to occur within the study area (Figure 3). Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22). 2.0 METHODOLOGY The threatened and endangered species surveys and habitat assessment was conducted on December 09, 2021, by ClearWater Environmental Consultants, an EnviroScience Company (ClearWater). An official species list was obtained through the US Fish and Wildlife Service (FWS) Information and Planning and Consultation (IPaC) on December 10, 2021. This species list provides existing data concerning the presence or potential occurrence of threatened or endangered species in the defined project boundary (Appendix A). The FWS lists nine (9) federally threatened and endangered species, in addition to the bald eagle, as potentially occurring within the project boundary. USFWS IPaC generated Official Species List for federally protected species listed as potentially occurring within the project boundary. Common Name Scientific Name Status Bald eagle Heliaeetusleucocephalus BGPA' Gray bat Myotis grisescens Endangered Northern long-eared bat Myotis septentrionalis Threatened Bog turtle Clemmysmuhlenbergii Similarity of Appearance (Threatened) Appalachian elktoe Alasmidonta raveneliana Endangered Bunched Arrowhead Sagittaria fasciculata Endangered Mountain Sweet Pitcher -plant Sarracenia rubra spp. jonesii Endangered Small whorled pogonia lsotria medeoloides Threatened Swamp Pink Helonias bullata Threatened White Irisette Sisyrinchium dichotomum Endangered A database search from the NC Natural Heritage Program (NHP) dated December 10, 2021, provided existing data concerning the presence or potential occurrences of federal and state listed species in Henderson County, North Carolina within one mile of the site (Appendix A). ClearWater Environmental Consultants, an EnviroScience Company Project #1219 Rich Mountain Page 1 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 3.0 HABITAT ASSESMENT During the site visit on December 09, 2021, ClearWater biologists identified five (5) habitats within the Project Site: oak -hickory forest, chestnut oak forest, acidic cove forest, headwater forest, and riparian corridor. A general overview of the site and descriptions of each habitat type are included below. The project site covers approximately 84 acres and is primarily forested with several unnamed tributaries to Featherstone Creek, one unnamed tributary to Duncan Creek and several wetlands. The project site occupies a ridge near Rich Mountain as well as the north- and south -facing slopes of the ridge. 3.1 Oak -Hickory Forest The oak -hickory forest contains a variety of species common to typic montane oak -hickory forests in Western North Carolina, however the project site lies below elevations associated with montane habitats. Mature canopy trees are present and dense throughout this habitat. White oak (Quercus alba), northern red oak (Quercus rubra), mockernut hickory (Carya tomentosa), bitternut hickory (Carya cordiformis), tulip poplar (Liriodendron tulipifera), and American beech (Fagus grandifolia) dominate the canopy. Additional canopy trees observed include sourwood (Oxydendrum arboreum), sweet birch (Betula lenta), eastern white pine (Pinus strobus), Carolina silverbell (Halesia carolina), chestnut oak (Quercus montana), American holly (Ilex opaca), and red maple (Acer rubrum). The forest understory ranges from moderately dense to sparse throughout this habitat type. At the time of the survey, the area nearest the ridge and just south of the ridge appeared to be disturbed due to recent logging activity. The understory in these areas, and most of the oak -hickory forest, were dominated by multiflora rose (Rosa multiflora), Chinese privet (Ligustrum sinense), and Japanese honeysuckle (Lonicera japonica). Additional shrubs and saplings present in the understory include a sparse assembly of all the canopy tree species listed above. The herbaceous layer was sparse to bare throughout the oak -hickory forest due to the timing of the survey. Remaining live, dormant, and dead vegetation were identified to the nearest reasonable taxonomic level. Living herbs present throughout the oak -hickory forest include Christmas fern (Polystichum acrostichoides), putty root orchid (Aplectrum hyemale), New York fern (Parathelypteris noveboracensis), pokeweed (Phytolacca americana), English ivy (Hedera helix), roundleaf greenbrier (Smilax rotundifolia), and buttercup (Ranunculus sp.). Additional dormant and/or dead herbs that were identified include goldenrod (Solidago sp.), bergamot (Monarda sp.), asters (Symphyotrichum spp.), poison ivy (Toxicodendron radicans), and sweet cicely (Osmorhiza sp.). 3.2 Chestnut Oak Forest This habitat type covers the highest elevations along the north -facing slope within the project site. Further down the north -facing slope there is a transition to acidic cove forest, which is described in the next section below. Mature canopy trees ClearWater Environmental Consultants, an EnviroScience Company Page 2 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 are present and dense throughout the chestnut oak forest. Chestnut oak, Northern red oak, tulip poplar, and sourwood dominate the canopy. Additional trees include eastern white pine, bitternut hickory, red maple, American beech, sweet birch, and black gum (Nyssa sylvatica). The understory of the chestnut oak forest was dense with great rhododendron (Rhododendron maximum) The abundance of great rhododendron was a distinguishing factor between the forests of the south- and north -facing slopes within the property. Additional species in the shrub and sapling stratum include mountain laurel (Kalmia latifolia), multiflora rose, bitternut hickory, sourwood, American beech, and eastern hemlock (Tsuga canadensis). The herbaceous layer is sparse and includes Christmas fern, striped wintergreen (Chimaphila maculata), Galax (Galax sp.), hay -scented fern (Dennstaedtia punctilobula), blackberry (Rubus sp.), ebony spleenwort (Asplenium platyneuron), rushes (Juncus spp.), roundleaf greenbrier, and various asters. 3.3 Acidic Cove Forest The acidic cove forest comprises the lower -half of the north -facing slope down to the northern project boundary. The streams and wetlands found within this area are included in the headwater forest described in the next section below. The acidic cove forest is primarily north -facing and has an understory of acid - tolerant species. The dominant tree species observed are tulip poplar and red maple. Northern red oak, sweet birch, sourwood, and American elm (Ulmus americana) was also observed in the tree stratum. The understory is dense with great rhododendron and mountain laurel. Eastern white pine and sourwood were also observed in the shrub and sapling layer. The herbaceous layer is very sparse in this habitat type and is primarily striped wintergreen, Christmas fern, hay -scent fern, multiflora rose, roundleaf greenbrier, and sweet cicely. 3.4 Headwater Forest Several forested wetlands are scattered throughout the site. The soils are mostly mineral with small pockets of high organic content. A small network of headwater forest wetlands occurs near the north -central boundary of the project site, abutting an unnamed tributary Duncan Creek. These headwater wetlands are primarily seeps with sparse vegetation. In general, the dominant canopy trees observed include red maple and tulip poplar. Shrub species observed include great rhododendron and white ash (Fraxinus americana). The herbaceous layer is relatively sparse across this habitat type. The dominant herbaceous species observed include golden ragwort (Packera aurea), multiple species of sedge (Carex spp.), jewelweed (Impatiens sp.), buttercup, and hydrangea (Hydrangea sp.). 3.5 Riparian Corridor The riparian corridor covers the upland woody corridors along the unnamed tributaries throughout the site. Survey efforts revealed that the vegetative ClearWater Environmental Consultants, an EnviroScience Company Page 3 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 communities along all the streams in the site were similar in composition. These corridors are comprised of a combination of the species found in the acidic cove forest and headwater forest. The dominant canopy tree species observed include red maple and tulip poplar. Bitternut hickory, shagbark hickory (Carya ovate), sweet birch, American holly, and Northern red oak were also observed in the tree stratum. The dense shrub stratum is dominated by great rhododendron and Chinese privet. Multiflora rose, hickories, red maple, and sweet birch were also observed in the shrub and sapling stratum. The herbaceous layer included roundleaf greenbrier, buttercup, golden ragwort, Christmas fern, bittersweet (Celastrus orbiculatus), pokeweed, burning bush (Euonymus alatus), ebony spleenwort, putty root orchid, and wine berry (Rubus phoenicolasius). 3.6 Soils Soils mapped by the Natural Resources Conservation Service (NRCS) Henderson County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2021). Table 2. USDA Soil Units occurring within the aroiect boundary. Map Unit Symbol Map Unit Name AhF Ashe stony sandy loam, 25 to 45 percent slopes AhG Ashe stony sandy loam, 45 to 70 percent slopes ArG Ashe-Rock outcrop complex, 15 to 70 percent slopes EdE Edneyville (edneytown) fine sandy loam, 15 to 25 percent slopes EvC Evard fine sandy loam, 7 to 15 percent slopes PoE Porters stony loam, 15 to 25 percent slopes TeC Tate fine sandy loam, 7 to 15 percent slopes TuE Tusquitee stony loam, 15 to 25 percent slopes TuF Tusquitee stony loam, 25 to 45 percent slopes 4.0 PROTECTED SPECIES The following is a brief description of each federally listed species included in the survey, its recognized habitat, and comments regarding survey results for that species. 4.1 Appalachian Elktoe Federally listed as endangered, the Appalachian elktoe (Alismidonta raveniliana) has a thin but not fragile, kidney -shape shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide (Clarke 1981). Juveniles generally have a yellowish -brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell C ours wy RidearriB 4 i - USFFS'�; ClearWater Environmental Consultants, an EnviroScience Company Project #1219 Rich Mountain Page 4 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches (adapted from Clarke 1981). Only two populations of the species are known to survive. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain County, North Carolina. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, well -oxygenated, moderate- to fast -flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy substrates (Department of the Interior 1994). Suitable habitat for Appalachian elktoe was not observed within the study area. The unnamed tributaries within the project boundary are relatively slow -moving headwaters with silt and small sand that has embedded most of the rocky substrate. It is the opinion of CEC that the proposed project is not likely to adversely affect the Appalachian elktoe. 4.2 Bald Eagle Bald eagles (Haliaeetus leucocephalus) were removed from the endangered species list in August 2007 because their populations recovered sufficiently. Bald and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Act (Eagle Act) Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused with golden eagles, bald eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. No bald eagle nests were observed within the project boundary. Additionally, a review of the NCNHP database on December 10, 2021, revealed no known occurrences of this species within a 1-mile radius of the project study area. Due to results of the survey and lack of known occurrences, it is the opinion of CEC that the proposed project is not likely to disturb nesting bald eagles. ClearWater Environmental Consultants, an EnviroScience Company Page 5 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 4.3 Bog Turtle The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown or black carapace may be marked with radiating light lines or a light blotch on the vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and young adult specimens, but the carapace may be nearly smooth in old adults. The head, neck, and limbs are typically dark brown with variable reddish to yellow spots and streaks. large reddish -orange to yellow blotch is visible behind and above each tympanum, sometimes merging into a continuous band on the neck. The upper jaw is weakly notched. The plastron is brown or black, but often with lighter yellow blotches towards the medial and anterior scute edges. A mature male bog turtle has a concave plastron and a long, thick tail, with the vent posterior to the rear edge of the carapace with tail extended. The female has a flat plastron and a thinner, smaller tail, with the vent at or beneath the rear carapace edge. A The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the USFWS has designated the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. No suitable habitat for bog turtle was found on site. Additionally, the northern population of bog turtle does not occur in North Carolina. It is of the opinion of CEC that the proposed project is not likely to adversely affect the northern bog turtle. 4.4 Bunched arrowhead Bunched arrowhead (Sagittaria fasciculata) is a small herbaceous plant growing 15 - 16 inches tall in saturated soils. It's the only Sagittaria species in the Southern Appalachians that does not have arrowhead - shaped leaves. Emergent leaves are broad and tapered at the tip and up to 12 inches long and 1 — 2 inches wide. The white flowers begin blooming in mid -May and ClearWater Environmental Consultants, an EnviroScience Company Project #1219 Rich Mountain Page 6 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 continue through July. The fruits mature a few weeks after flowering. Bunched arrowhead occurs in undisturbed sites that are typically located just below the origin of slow, clean, continuous seeps on gently sloping terrain in deciduous woodlands. Bunched arrowhead is known from the upstate of South Carolina and southwestern North Carolina. Potentially suitable habitat for bunched arrowhead was not observed on site. The wetlands on the site are all seeps that are part of headwater complexes. These seeps have variable surface water and are typically underlain by rocky substrate, and not underlain by clay as is typical of the bogs known to support bunched arrowhead. Additionally, no members of the Sagittaria genus were observed on site. It is the opinion of CEC that the proposed project is not likely to adversely affect bunched arrowhead. 4.5 Gray Bat The gray bat (Myotis grisescens) is the largest member of its genus in the eastern United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It is easily distinguished from all other bats within its range by its mono -colored fur. All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following molt in July or August, gray bats are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in reproductive females during May and June). The wing membrane connects to the foot at the ankle rather than at the base of the first toe, as in other species of Myotis. Gray bats roost in caves year-round. Most winter caves are deep and vertical; all provide large volume below the lowest entrance and act as cold air traps. A much wider variety of cave types are used during spring and fall transient periods. In summer, maternity colonies prefer caves that act as warm air traps or that provide restricted rooms or domed ceilings that can trap the combined body heat from thousands of clustered individuals. No naturally occurring caves were found within the project boundary, however several rock shelters were observed within the site (See Photos 7-9 in Attachment C). The rock shelters ranged from 20-30 ft deep, 15-30 ft wide, and 2-3 ft in height. The survey conducted on 12/09/21 by CEC biologists did not include a bat survey to confirm or deny the presence of protected bat species; therefore, CEC cannot make an effects determination for gray bat. Additional surveys for gray bat conducted by a licensed bat biologist may be recommended by USFWS. 4.6 Mountain Sweet Pitcher Plant Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling flowers. The leaves contain liquid and enzymes, and when insects fall into them, they are digested and the nutrients are incorporated into the plant's tissues. The evolutionary role of carnivory in such plants is not fully understood, but some evidence indicates that absorption of minerals from insect prey may allow carnivorous species to compete in nutrient -poor habitats. The unusual red flowers (yellow in rare cases) appear from April to June, with fruits ripening in ClearWater Environmental Consultants, an EnviroScience Company Page 7 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 August. Flowering plants reach heights of 29 inches. Very little specific information is available on the biology of the mountain sweet pitcher plant. Like other pitcher plants, it has rhizomes that are likely long-lived and capable of persisting and reproducing vegetatively for decades without producing seedlings. Mountain sweet pitcher plant typically occurs in mountain bogs and is known from a small number of counties in upstate South Carolina and southwest North Carolina. Potentially suitable habitat for the mountain sweet pitcher plant was not observed on site. No mountain bogs are present. No members of the Sarracenia genus were observed in any of the wetlands within the project area. It is the opinion of CEC that the proposed project is not likely to adversely affect this species. 4.7 Northern Long-eared Bat The northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are bats noted for their small ears (Myotis means mouse -eared). The NLEB is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. NLEBs spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose bark of live or dead trees typically greater than three inches DBH (diameter at breast height). No naturally occurring caves were found within the project boundary, but several rock shelters were observed within the site (See Photos 7-9 in Attachment C). The rock shelters ranged from 20-30 ft deep, 15-30 ft wide, and 2-3 ft in height. However, CEC consulted the USFWS's maps of North Carolina counties that contain confirmed hibernation or maternity sites. Henderson County does contain multiple watersheds listed as having confirmed hibernation or maternity sites; however, these identified areas are greater than five miles from the project site. Therefore, this project satisfies the 4(d) rule and consultation with USFWS is not required. The UFWS recommends avoiding tree clearing during NLEB pup season (June 1 to July 31) and/or active season (April 1 to October 31) as a voluntary conservation measure. 4.8 Small -whorled Pogonia Small -whorled pogonia (Isotria medeoloides) is federally listed as an endangered species. It occurs on upland sites in mixed - deciduous or mixed-deciduous/coniferous forests that are generally in second or third growth successional stages. Characteristics common to most sites include sparse to moderate ground cover in the species' microhabitat, a relatively open understory canopy, and proximity to features that create long persisting breaks in the forest canopy. Soils at most sites ClearWater Environmental Consultants, an EnviroScience Company Project #1219 Rich Mountain Page 8 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 are highly acidic and nutrient poor, with moderately high soil moisture values. Light availability could be a limiting factor for this species. The stem is smooth, hollow pale green and 3.7-9.8 inches tall with a single whorl of 5 to 6 light green elliptical leaves 3 inches long and 1.6 inches wide. A flower is borne at the top of the stem. It is distinguished from the similar Isotria verticillata by the latter's purplish stem and long, dark sepals. Potentially suitable habitat for the small whorled pogonia may occur within the project site (Figure 3). The oak -hickory forest includes areas where white pine is relatively abundant and canopy breaks provide light gaps. Along historic logging roads, the margins of the oak -hickory forest were relatively clear and provide consistent canopy breaks as well. Additionally, all the canopy trees and many of the groundcover species listed in the USFWS Small Whorled Pogonia Recovery Plan (1992) as associated vegetation for small whorled pogonia are present in these areas. Although no individuals of the Isotria genus were observed on site, it is of the opinion of CEC that additional surveys should be conducted during the optimal survey window for small whorled pogonia to confirm the presence or absence of this species within the project site. 4.9 Swamp Pink Swamp pink (Helonias bullata) is a perennial herb in the lily family. It has a basal rosette of evergreen, strap -like leaves and an upright pink to lavender flower head. The tall flower stalks (up to 4.5 feet) appear from March to May. During the winter the leaves often turn reddish brown and lie flat or slightly raised above the ground. These winter leaves are often hidden by leaf litter, but a visible button in the center of the leaves represents the next season's flower head. Although the plant can reproduce by seed, most of its reproduction is by vegetative expansion of established plants. This means plants tend to grow in clumps, close to the parent plants. Seed dispersal is limited, and populations appear to expand at a very slow rate. Swamp pink is found in a variety of wetland habitats, including mountain bogs, swampy forested wetlands bordering small streams, wet meadows, and spring seepage areas. Swamp pink can be found across much of New Jersey and Delaware and sporadically in Maryland, Virginia, North Carolina, South Carolina, and Georgia. Potentially suitable habitat for swamp pink was not observed on site. The wetlands on the site are all seeps that are part of headwater complexes. These seeps have variable surface water and are typically underlain by rocky substrate and do not contain thin layers of decomposed organic matter as is typical of the swamps known to support swamp pink. Typically associated vegetation was also not observed in the wetland seep areas. Additionally, no members of the Helonias genus were observed on site. It is the opinion of CEC that the proposed project is not likely to adversely affect swamp pink. ClearWater Environmental Consultants, an EnviroScience Company Page 9 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 4.10 White Irisette White irisette (Sisyrinchium dichotomum) is federally listed as endangered. This plant occurs on rich, basic soils probably weathered from amphibolite, in clearings and the edges of upland woods where the canopy is thin and often where downslope runoff has removed much of the deep litter layer ordinarily present on these sites. This plant grows in a dichotomously -branching pattern. It is 4 to 8 inches tall with pale bluish -green basal leaves and tiny white flowers with reflexed petals in of 4 to 6 at the ends of winged stems. The fruit is round with 3 to 6 seeds. White flowers and dichotomous branching pattern distinguish it from similar species. The species flowers in late May through July (USFWS 2013). a cluster Potentially suitable habitat for white irisette was not observed on site. The forested slopes along the ridge within the site do not provide areas of shallow soil over rock. Additionally, none of the known associated soil series are mapped within the project boundary. No herbs belonging to the Sisyrinchium genus were observed on site. It is the opinion of ClearWater that project activities are not likely to adversely affect white irisette. 5.0 CONCLUSION AND RECOMMENDATIONS During the threatened and endangered species habitat assessment for the Rich Mountain Site CEC observed potentially suitable habitat for small whorled pogonia. Areas of potentially suitable habitat for small whorled pogonia were all surveyed outside of the USFWS designated optimal survey windows. As such, USFWS may recommend additional surveys be conducted within the optimal survey window for this species. Additionally, several rock shelters were observed within the project boundary. A bat study was not conducted during the habitat assessment; therefore, CEC cannot produce an effects determination for gray bat. We recommend obtaining concurrence from the FWS regarding an effects determination for the gray bat. Potentially suitable habitat for Appalachian elktoe, bald eagle, bog turtle, bunched arrowhead, mountain sweet pitcher plant, northern long-eared bat, swamp pink, and white irisette was not observed within the project boundary. It is of the opinion of CEC that the development of the Rich Mountain project site is not likely to adversely affect these species. ClearWater Environmental Consultants, an EnviroScience Company Page 10 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 6.0 REFERENCES Fryer, Janet. 2019. Isotria medeoloides, small whorled pogonia and Isotria verticillata, large whorled pogonia. In: Fire Effects Information System, [Online]. U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, Missoula Fire Sciences Laboratory (Producer). https://www.fs.fed.us/database/feis/plants/forb/isospp/all.pdf. Accessed December 2021. NCNHP (North Carolina Natural Heritage Program Database). 2021. https://ncnhde.natureserve.org/; Accessed December 2021 NCWRC. 2020. Appalachian Elktoe Distribution. https://www.ncwildlife.orq/Learning/Species/Mollusks/Appalachian-Elktoe#3017843- distribution; Accessed December 2021. NRCS (Natural Resources Conservation Service). 2021. Web Soil Survey for Henderson County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed December 2021. USFWS. 1997. Gray Bat Factsheet. https://www.fws.gov/midwest/endanciered/mammals/pdf/gray-bat.pdf; Accessed December 2021. USFWS. 2011. Small -whorled Pogonia Fact Sheet. https://www.fws.gov/asheville/pdfs/SmallWhorledPogonia factsheet.pdf; Accessed December 2021. USWFS. 2016. Northern Long-eared Bat Consultation Areas: Haywood County. https://www.fws.gov/asheville/pdfs/NLEB-4DRule Haywood. pdf; Accessed December 2021 USFWS. 2019. Appalachian Elktoe. https://www.fws.gov/southeast/wildlife/mussels/appalachian- elktoe/; Accessed December 2021. USWFS Asheville Field Office. 2016. Northern long-eared bat - what it means for you project. https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html; Accessed December 2021. USFWS Information, Planning, and Consultation System. 2021. https://ecos.fws.gov/ipac/; Accessed December 2021. USFWS Midwest Region. 2015. Northern Long-eared Bat Fact Sheet. https://www.fws.gov/Midwest/endangered/mammals/nleb/pdf/NLEBFactSheet01 April201 5.pdf; Accessed December 2021. USFWS Raleigh Ecological Services Field Office. 2018. Optimal Survey Windows for North Carolina's Federally Threatened, Endangered, and At Risk Plants. https://www.fws.gov/raleigh/pdfs/Optimal Survey Windows for listed plants.pdf; Accessed December 2021. USFWS. 2007. Bald Eagle Fact Sheet. https://www.fws.gov/miciratorybirds/pdf/management/bald- eagle-fact-sheet.pdf; Accessed December 2021. USFWS. 2011. Bog Turtle Fact Sheet. https://www.fws.gov/southeast/pdf/fact-sheet/bog- turtle.pdf; Accessed December 2021. USFWS. 2011. Bunched Arrowhead Fact Sheet. https://www.fws.gov/asheville/pdfs/BunchedArrowhead factsheet.pdf; Accessed December 2021. USFWS. 2011. Mountain Sweet Pitcher Plant Fact Sheet. https://www.fws.gov/asheville/pdfs/MtSweetPitcherPlant factsheet.pdf; Accessed December 2021. USFWS. 2011. Small -whorled Pogonia Fact Sheet. https://www.fws.gov/asheville/pdfs/SmallWhorledPogonia factsheet.pdf; Accessed December 2021. USFWS. 2012. Swamp Pink (Helonias bullata): Identification Guide. https://www.fws.gov/northeast/njfieldoffice/endangered/swamppink2.html; Accessed December 2021. ClearWater Environmental Consultants, an EnviroScience Company Page 11 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 USWFS. 2016. Northern Long-eared Bat Consultation Areas: Henderson County. https://www.fws.gov/asheville/pdfs/NLEB-4DRule Henderson.pdf; Accessed December 2021 USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service: Bald Eagle Protection Act of 1940. https://www.fws.Qov/laws/lawsdiciest/baldegl.html. Accessed December 2021. USFWS. 2019. Appalachian Elktoe. https://www.fws.gov/southeast/wildlife/mussels/appalachian- elktoe/. Accessed December 2021. USFWS. 2019. Bog Turtle. https://www.fws.gov/northeast/nyfo/es/bogturtle.htm; Accessed May 2021 USFWS. 2019. White Irisette Fact Sheet. https://www.fws.gov/asheville/pdfs/Whitelrisette factsheet.pdf; Accessed December 2021 USWFS Asheville Field Office. 2016. Northern long-eared bat — what it means for you project. https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html; Accessed December 2021. U.S. Fish and Wildlife Service. 1983. Bunched Arrowhead Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, Georgia. 37 pp. U.S. Fish and Wildlife Service. 1992. Small Whorled Pogonia (Isotria medeoloides) Recovery Plan, First Revision. Newton Corner, Massachusetts. 75 pp. U.S. Fish and Wildlife Service. 1991. Swamp Pink (Helonias bullata) Recovery Plan. Newton Corner, Massachusetts. 56 pp. U.S. Fish and Wildlife Service. 1995. White Irisette Recovery Plan. U.S. Fish and Wildlife Service, Atlanta, Georgia. 22 pp. ClearWater Environmental Consultants, an EnviroScience Company Page 12 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) ro = ro I� LRoyakPines po' Fletcher 0 Balfour L _ _ I Project Boundary Terrace 0.5 2 ' Rd Hoopers Cr ee k Miles Drawn by:2MG Date; 12.29.21 CEC Project #1219 Henderson County, North Carolina o4 a,. aCp Rd Goodluck Oak Hill Project Boundary • Fruitland �S=M an, 16. -Sugarloaf=° a•/ I_aItevie'ww �'" Estates CLearWaLer An Enviro5cience Company ID al Vicinity Map Figure 1 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) Drawn by: JMG Date; 12,29.21 CEG Project #1219 Henderson County, North Carolina CLearWaLer An Enviro5cience Company D. 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 wvoy----,A,1 rgit, (..-aw % rill USGS Topographic Map 1:24K; Fruitland Quad Figure 2 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) Potentially Suitable Habitat for Small Whorled Pogonia r Project Boundary 0 250 500 1,000 11 Feet Drawn bv: JMG Date; 0,1.12.22 GEG Rroiect,#.1219 . \ \• \ I I I t 1\ \ • ` • I \ �• I \ --- =,\ . \-----_ . Project Boundary Rock Shelters 100' Access Road Easement N Henderson County, North Carolina CLearWaLer An Enviro5cience Company ra 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 Study Area Map Aerial Imagery - NCCGIA 2019 Figure 3 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Rich Mountain Phase 1 (+1- 84 AC) r=i Project Boundary USDA Soil Type AhF: Ashe stony sandy loam, 25 to 45 percent slopes AhG: Ashe stony sandy loam, 45 to 70 percent slopes ArG: Ashe-Rock outcrop complex, 15 to 70 percent slopes EdE: Edneyville (edneytown) fine sandy loam, 15 to 25 percent slopes EvC: Evard fine sandy loam, 7 to 15 percent slopes PoE: Porters stony loam, 15 to 25 percent slopes TeC: Tate fine sandy loam, 7 to 15 percent slopes TuE: Tusquitee stony loam, 15 to 25 percent slopes TuF: Tusquitee stony loam, 25 to 45 percent slopes Henderson County, North Carolina CLearWaLer An Enviro5cience Company ra 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USDA Soils Map NRCS Web Soil Survey Figure 4 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Appendix A: US Fish and Wildlife Service IPaC - Official Species List NC Natural Heritage Program Data ClearWater Environmental Consultants, an EnviroScience Company Page 14 Project #1219 Rich Mountain DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 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 http://www.fws.gov/nc-es/es/countyfr.html In Reply Refer To: Consultation Code: 04EN1000-2022-SLI-0164 Event Code: 04EN1000-2022-E-00462 Project Name: 1219 - Rich Mountain December 10, 2021 Subject: List of threatened and endangered species that may occur in your proposed project location 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/htmls/project review/Recommendations.html • Optimal Survey Times for Federally Listed Plants https://www.fws.gov/nc-es/plant/plant survey.html • Northern long-eared bat Guidance https://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html • Predictive Habitat Model for Aquatic Species https://www.fws.gov/asheville/htmls/Maxent/Maxent.html 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. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 2 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-library/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 hops://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:// www. fws. gov/migratorybirds/CurrentBirdlssues/Hazards/towers/towers. htm; http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/ towers/comtow.html. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 3 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 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 1 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 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 2 Project Summary Consultation Code: 04EN1000-2022-SLI-0164 Event Code: Some(04EN1000-2022-E-00462) Project Name: 1219 - Rich Mountain Project Type: DEVELOPMENT Project Description: New residential development. Project Location: Approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/@35.40480755,-82.43864339119378,14z Counties: Henderson County, North Carolina DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 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. 1. 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 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 No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9045 Reptiles NAME Threatened STATUS Bog Turtle Clemmys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/6962 Clams NAME Similarity of Appearance (Threatened) STATUS Appalachian Elktoe Alasmidonta raveneliana There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https://ecos.fws.gov/ecp/species/5039 Endangered DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/9743 Flowering Plants NAME Bunched Arrowhead Sagittaria fasciculata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1720 Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4283 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/1890 Swamp Pink Helonias bullata No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/4333 White Irisette Sisyrinchium dichotomum No critical habitat has been designated for this species. Species profile: https://ecos.fws.gov/ecp/species/8097 Candidate STATUS Endangered Endangered Threatened Threatened Endangered Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act1 and the Bald and Golden Eagle Protection Actz. 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 BREEDING SEASON Prothonotary Warbler Protonotaria citrea 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. Breeds Apr 1 to Jul 31 Breeds May 10 to Aug 31 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 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 2 FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence ( 1) Each green bar represents the bird's relative probability of presence in the 10km 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: 1. 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 (I) 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 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 1 survey effort — no data DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 3 SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC WarblerProthon°tom --�- +-+ 1111 1111 1111 1111 +--- ---- ---- ---- +—+ BCC Rangewide (CON) Wood Thrush BCC Rangewide --�—+—+— —��— --++ 1111 1111 1111 1111------------ 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/ management/project-assessment-tools-and-guidance/ conservation-measures.php • Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/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 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. 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 10km 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 Act requirements may apply), or a species that has a particular vulnerability to offshore activities or development. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 4 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 AKN Phenology 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 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). 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 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 5 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. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 12/10/2021 Event Code: 04EN1000-2022-E-00462 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. WETLAND INFORMATION WAS NOT AVAILABLE WHEN THIS SPECIES LIST WAS GENERATED. PLEASE VISIT HTTPS://WWW.FWS.GOV/WETLANDS/DATA/MAPPER.HTML OR CONTACT THE FIELD OFFICE FOR FURTHER INFORMATION. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Roy Cooper, Governor . NC DEPARTMENT OF Na: gum NATURAL AND CULTURAL RESOURCES au■ ■ D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-16533 December 10, 2021 ClearWater Environmental Consultants, an EnviroScience Company ClearWater Environmental Consultants, an EnviroScience Company 145 7th Avenue West Hendersonville, NC 28792 RE: Rich Mountain; 1219 Dear ClearWater Environmental Consultants, an EnviroScience Company: The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: https://www.fws.gov/offices/Di rectory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JOKES STREET, RALEIGh i_ NC 27603 • 16S1 MAIL SERVICE CENTER. RALEIGH. NC 27699 OFC .919 707.9120 • FAX 919.707.9121 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Rich Mountain Project No. 1219 December 10, 2021 NCNHDE-16533 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank • Date im Rank MI i Amphibian 39873 Plethodon amplus Blue Ridge Gray- 2019-06-20 E 3-Medium Significantly G2 S1 cheeked Salamander Rare Amphibian 39874 Plethodon amplus Blue Ridge Gray- 2019-11-07 E 2-High Significantly G2 S1 cheeked Salamander Rare Amphibian 39867 Plethodon yonahlosseeCrevice Salamander 2019-06-21 E 3-Medium Special G4T1T S2 pop.1 Concern 2Q Dragonfly or 33444 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very Significantly G5 S1S2 Damselfly Low Rare Natural 39764 Chestnut Oak Forest --- 2020-03-27 C 2-High G4 S3S4 Community (Mesic Subtype) Natural 39479 Low Elevation Granitic --- 2019-09-05 C 2-High G2 S2 Community Dome Natural 39766 Montane Oak --Hickory --- 2020-03-27 C 2-High G4G5 S4S5 Community Forest (Acidic Subtype) Vascular Plant 25168 Dendrolycopodium Prickly Ground -pine 1949-Pre H 5-Very Significantly G5 S2 dendroideum Low Rare Peripheral Vascular Plant 40845 Hexastylis contracts Mountain Heartleaf 2021-05-05 C 2-High Endangered G3 S1 Natural Areas Documented Within a One -mile Radius of the Project Area Nam epresentationating Rocky Mountain R4 (Moderate) Collective Rating C4 (Moderate) Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name - ner Type Conserving Carolina - Youngblood Farm Conserving Carolina Private Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/help. Data query generated on December 10, 2021; source: NCNHP, Q3 October 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 NCNHDE-16533: Rich Mountain '?27t jf Burge Mounter r yecr,µ. rya December 10, 2021 ❑ Project Boundary ❑ Buffered Project Boundary • NHP Natural Area (NHNA) r�! Managed Area (MAREA) ournta▪ rr, iQhtop M 1:30,026 0 0.25 0.5 Grte, Moon 1 mi 0 0.4 0.8 1.6 km Sources: Esri, HERE. Garmin. Inlarmap. increment P Corp.. GERCO. USGS. FAO. NP5. NRCAN. GeoEase. IGN, Kadaster NI_ Ordnance Survey. Esri Japan. ME-Ff. Esrl China {Hong Kong), (c) aperw5lreeWlap contributors, and the GIS User Community Page 3 of 3 DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 U.S. Fish & Wildlife Service Northern Long -Eared Bat Consultation Areas Henderson County Buncombe Co. E towah r' New hen&rson- Transyi CCV ntr T•rransylvan is Co. 'Royal Pines -FIFtch•Hr .Mountain Home Pinehurst Henderson Co. Project Site •Hendersonville :• ,ivi l airl ,• East Flat Rock Flat Rock as 6-0p phi-,Esr•, • Y ET,,. G°go'EB North Carolina County Boundary Watersheds with Known NLEB Maternity Trees or Hibernation Sites If your project falls within the red areas identified in Henderson County, please contact the USFWS Asheville Field Office. 0 0I I r 0 5 Miles 5 Kilometers USFWS Ecological Services Asheville, North Carolina Map Date: 2/3/2016 I•{1m Polk Co. WC MG, USGS,-NASA, Pt ,A.moinreriie 1tti DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Appendix C: Photolog DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Photo 1. Typical view of Stream E (SE). Photo 2. Typical view of Stream C (SC) DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Photo 3. Typical view of uplands adjacent to streams in the access road easement. Photo 4. Typical view of Wetlands B, C, and D (WB, WC, WD). DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Photo 5. View of forest on north -facing slope. Photo 6. View of forest and rock outcrop on south -facing slope. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE49B6724B52 Photo 7. View of rock outcrop with shelter on south -slope of ridge. Photo 8. View of rock shelter under the outcrop in Photo 7. Shelter is approximately 20-30 ft deep, 15-30 ft wide, and 2-3 ft in height. DocuSign Envelope ID: 2CE34532-C6FA-4514-AF09-DE4966724652 Photo 9. Second rock outcropping on south -slope with additional rock shelters. Photo 10. View of Stream F (SF) north of access road easement.