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Home My WebLink About20140923 Ver 1_401 Application_20140814Lear a. L6r 20140923 C1earWater Environmental Consultants, Inc. August 25, 2014 www.cwenv.com Mr. David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -2638 Ms. Karen Higgins NC DWR 401 & Buffer Permitting Unit 512 N. Salisbury Street, 90' Floor Raleigh, North Carolina 27604 RE: Davidson River Village, LLC Road ROW Transylvania County, North Carolina Mr. Brown and Ms. Higgins, The attached Pre - Construction Notification (PCN) is being submitted on behalf of Davidson River Village, LLC represented by Mr. Michael Singer. Davidson River Village is seeking permit authorization for impacts associated with the development of a roadway which would connect Highway 64 (Hendersonville Highway) with Highway 64/276 (Asheville Highway). The roadway would be constructed to NCDOT standards and support future commercial development at the project site. The roadway is a part of a larger master planned development. The proposed project would intersect Ecusta Road in Brevard, Transylvania County, North Carolina. Should you have any questions regarding the attached permit application and supplemental information please do not hesitate to contact me at 828 - 698 -9800. A copy of this package has been sent to Mr. Doug Besler of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to the NC Division of Water Resources, Asheville Regional Office. Respectfully, Rebekah L. Newton Project Biologist Ls AUG 9, "1 20i7 111 Y ®UAiITY P" R. Clement Riddle, P.W.S Principal Copy Furnished: LW06 ` ? r E anch J NC Division of Water Resources; Asheville Regional Office — Tim Fox NC Wildlife Resources Commission — Doug Besler US Fish and Wildlife Service — Bryan Tompkins 224 South Grove Street, Suite F Hendersonville, NC 28792 828 - 698 -9800 Tel 828 - 698 -9003 Fax Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Davidson River Village, LLC. 2. Name of Property Owner /Applicant: Davidson River Village LLC, c/o Renova Partners LLC.; Attn: Michael Singer 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): 2008 -1792 and 2014 -01120 5. Site Address: Ecusta Road 6. Subdivision Name: N/A 7. City: Pisgah Forest 8. County: Transylvania 9. Lat: 35.267892N Long: -82.708721W (Decimal Degrees Please) 10. Quadrangle Name: Pisgah Forest 11. Waterway: Davidson River 12. Watershed: French Broad 06010105 13. Requested Action: x Nationwide Permit #39, 18, and 13 _ General Permit # Jurisdictional Determination Request Pre- Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: Department of the Army NCDENR Wilmington District, Corps of Engineers NC DWR, Webscape Unit Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins PO Box 1890 512 North Salisbury Street Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604 I, the current landowner /managing partner of the property identified below, hereby authorize Cleat-Water 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 on- site 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: V00iDso.4 WJ6tt 11t""ir , "4- Property Owner of Address: 4 o w g1,NvT &T A*&'r + s o I TW 2 a t wE�t -ts�rr ter► oz rat Phone Number: -let. 'i S t• 6101 s.'J Ac" 1p*",(. Property Location: US N)6WJ%Y (vq &6o - p rboe.c Owner/Managing Partner Printed Name: Owner/Managing Partner Signature: •�� Date: 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828 - 698 -9800 www.cwenv.com I.4y O�O�- W A Ti 49 I 1 > � I �� I" o •c Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ®Section 404 Permit El Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39/18/13 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑ Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ® Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. ❑ Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Davidson River Village Roadway Project 2b. County: Transylvania 2c. Nearest municipality / town: Brevard 2d. Subdivision name: n/a �7-1 p 2e. NCDOT only, T.I.P. or state project no: n/a 3 3. Owner Information - ATtR QUAL h, & Starm4 3a. Name(s) on Recorded Deed: Davidson River Village, LLC (c /o Renova Partners) — 3b. Deed Book and Page No. 444/521, 666/164, 671/591, 453/140 3c. Responsible Party (for LLC if applicable): Mr. Michael Singer 3d. Street address: 40 Walnut Street, Suite 301 3e. City, state, zip: Wellesley, Massachusetts 02481 3f. Telephone no.: 781- 431 -8101 3g. Fax no.: n/a 3h. Email address: n/a Page 1 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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, Inc. 5c. Street address: 224 South Grove Street, Suite F 5d. City, state, zip: Hendersonville, North Carolina 28792 5e. Telephone no.: 828 -698 -9800 5f. Fax no.: n/a 5g. Email address: rebekah @cwenv.com Page 2 of 11 PCN Form — Version 1.3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 1 b. Site coordinates (in decimal degrees): 1c. Property size: 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: 2b. Water Quality Classification of nearest receiving water: 2c. River basin: 3. Project Description 8597 -52 -6973, 8597 -53 -8878, 8597 -42 -7854, 8597 -32- 8849, 8597 -33 -1166 Latitude: 35.267892 Longitude: - - 82.708721 (DD.DDDDDD) (- DD.DDDDDD) +/- 21 acres (roadway); +/- 530 acres (entire site) Davidson River Davidson (upstream of intake) — WS -V, B, Tr Davidson (downstream of intake) - B French Broad 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: The proposed project site is the location of the former Ecusta Mill. The mill has been demolished and removed. Only a few buildings remain (guard house, pump station, treatment plant, bams, etc.). The site also contains industrial landfills that were once a part of the mill. The property is highly disturbed and wooded areas are generally limited to stream buffers and the floodplain adjacent to the French Broad River. Land use in the vicinity is residential and commercial. 3b. List the total estimated acreage of all existing wetlands on the property: Approximately 4.2 acres of wetland are present on the entire site. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 27,159 linear feet of stream are present on the entire site. 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a roadway connecting Highway 64 (Hendersonville Highway) with Highway 64/276 (Asheville Highway). The roadway will be constructed to NCDOT standards and support future commercial development at the project site. The roadway is a part of a larger master planned development (Attachment A); however, development plans have not been finalized. 3e. Describe the overall project in detail, including the type of equipment to be used: The roadway project includes construction of two bridges over the Davidson River, bank stabilization associated with bridge abutments, one culverted road crossing, and one area of stream fill. Typical construction and earth - moving equipment will be utilized on site. 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): Rebekah Newton and Kevin Mitchell Agency /Consultant Company: ClearWater Environmental Consultants Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A Notification of Jurisdictional Determination (JD) was issued for the site by Ms. Amanda Jones on July 9, 2008 (Action ID 2008 - 1792). The JD was reverified by Mr. David Brown on August 18, 2014 (Action ID 2014 -01120). A separate JD was issued for the proposed roadway by Mr. David Brown on August 18, 2014 (Action ID 2008 - 1792). All previous JDs are included in Attachment B. Page 3 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Project History 5a. Have permits or certifications been requested or obtained for ®Yes El No El Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. A "No Permit Required" letter was issued to the property owner on December 15, 2008 (Attachment C) under Action ID 2008 -1792. The site is a designated Brownfields site and was undergoing clean -up supervised by the EPA under the Comprehensive Environmental Response, Compensation, and Liability Act ( CERCLA). Activities undertaken entirely on a CERCLA site by authority of CERCLA as approved or required by the EPA, are not required to obtain permits under Section 404 of the Clean Water Act. Approximately 0.065 acre of linear wetland was filled associated with the clean -up. 6. Future Project Plans 6a. Is this a phased project? ® Yes ❑ No 6b. If yes, explain. The proposed roadway is the first phase of the proposed Davidson River Village project. The roadway will be constructed to NCDOT standards and support future commercial development at the project site. The roadway is a part of a larger master planned development (Attachment A); however, development plans have not been finalized. Page 4 of 11 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number – Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ – non -404, other) (acres) —Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P FIT ❑ Yes ❑ Corps ❑ No ❑ DWQ 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. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) ) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ – non404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Culvert UT Davidson ® PER ® Corps 3 246 River ❑ INT ® DWQ S2 ®P ❑ T Stream Fill UT Davidson ® PER ® Corps 3 36 River ❑ INT ® DWQ S3 ® P ❑ T Bank Stabilization Davidson River ® PER ❑ INT ® Corps ® DWQ 20 145 S4 ® P ❑ T Bank Stabilization Davidson River ® PER ❑ INT ® Corps ® DWQ 20 135 S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 562 N. Comments: Impacts include 282 linear feet for culverts and stream fill; and 280 linear feet for bank stabilization. Page 5 of 11 PCN Form – Version 1.3 December 10, 2008 Version 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. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number - (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑PEI 02 ❑P ❑T 03 ❑P ❑T 04 ❑ PEI T 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 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. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number - Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ora T impact required? B1 ❑P ❑T E3 Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: Page 6 of 11 PCN Form - Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The roadway will utilize two bridges which will minimize and avoid impacts to the Davidson River. The newly proposed bridges will be completely spanning structures that do not require bents or other supports in the river. Existing bridge bents in the Davidson River will be removed or made flush with the stream bottom. The proposed culvert will be the minimum length necessary to provide for the road crossing. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. The proposed road crossings will be constructed from high - ground. Bridges can be constructed without machinery crossing the river. 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? ® Yes ❑ No 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 El Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete'if Using a Mitigation Bank 3a. Name of Mitigation Bank: To be determined. 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: The applicant is pursuing 282 linear feet of mitigation credit from a Mitigation Bank. An acceptance letter will be forwarded to the Corps and DWR once it is received. 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: 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 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 7 of 11 PCN Form — Version 1.3 December 10, 2008 Version 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will 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 8 of 11 PCN Form — Version 1.3 December 10, 2008 Version 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? El Yes No 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes El No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 19 % (approx. for entire site at full build -out) 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 City of Brevard approved general language regarding the future Stormwater Management Plan in the Master Plan approval. The City will require the applicant to submit detailed Stormwater Management Plans associated with each phase of the development project for review and approval. 2e. Who will be responsible for the review of the Stormwater Management Plan? ® Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Brevard ❑ Phase II 3b. Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply): ❑ USMP ❑ Water Supply Watershed ® Other: Locally imposed rules. 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? 4. DWQ Stormwater Pro ram Review ❑ Coastal counties 4a. Which of the following state - implemented stormwater management programs apply El HQW ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No S. 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 9 of 11 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 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 ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 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.) ❑ Yes ❑ No Comments: 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, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 213 .0200)? 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 ❑ Yes ® No additional development, which could impact nearby downstream water quality? 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 project as a whole, roadway and development, would not result in additional development which could impact nearby downstream water quality. The project as a whole represents the redevelopment of a Brown Fields site. All work conducted at the site has improved environmental quality of the site. Any goods and services required can be obtained from the nearby towns of Brevard, Hendersonville, and Asheville. 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. Wastewater will not be generated as a part of the roadway project. Wastewater generate by the future development project will be treated by the local municipal facility in Brevard. Page 10 of 11 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS County data and the Natural Heritage Program Element Occurrence data. 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? South Atlantic Habitat and Ecosystem [MS. Impact will not occur in a marine system. 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 ❑ Yes ® No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? A background study and archaeological reconnaissance was completed by TRC. There findings indicate eight sites previously recorded within the project boundaries. Three sites are in locations that have been heavily modified since originally recorded in the 1960s and three other sites have been recommended not eligible to the NRHP. The remaining two sites have been recommended potentially eligible to the NRHP; however, these sites are not within the proposed roadway corridor. TRC's re ort'is included for review Attachment D). 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: Proposed activities will comply with FEMA- approved state or local floodplain management requirements. 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program — Digital Flood Insurance Rate Map (DFIRM) panel 3700859700J (effective 10/02/09). ,/2 Applicant/ Agent's Signature Applicant/Agent's Printed Name Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 11 of 11 PCN Form — Version 1.3 December 10, 2008 Version Davidson River Village, LLC -Road ROW ( +/- 21 AC) yr 64 !`� Park Dr �. tbbom e Fed t r,r „A Legend M Road Right of Way Dawn by: P+N 08.11.14; CEC Project# 552 Transylvania County, North Carolina f'i s 0 X50 as CLearWater 224 South Grove Street, Suite F Hendersonville, North Carolina 28792 N ry 0 1,000 2,000 4,000 Feet Site Vicinity Figure 1 Davidson River Village, LLC - Road ROW ( +/- 21 AC; r ,, „, t .. t:, F c w �. >, .: r � � �. .y a r � � u,>�� 4. t�� °+�� ` a a a � r1 � y., n� CC .�ti ➢ .. � � T �.� t S ':i1aF. >. t � . • � T i f - r ,� f g y,, R ... - +Pk r a { � W � f. � ��j4� J .. 4+ fin. .. i� �, �4� x i' {. • . � �^r•1,,. Y �. � A� e �� - w '4a � tri5 _- �. �' �.�. _. t -1/► � y * *,� `.. ;,L...' .,. � � � - '� t. � � �._ mss+ Y� EXISTING STREAM BED DAVIDSON RIVER VILLAGE - ' — PROPOSED 72" RCP SQUARE EDGE ENTRANCE WITH HEADWALL ROADWAY CA STA: 16 +73.81 – – IKE LANE if 20 MEDIAN PROPOSED EDGE PROPOSED ENDWALL OF PAVEMENT IMPACT 1 - PLAN VIEW N.T.S. PROPOSED HW PROPOSED PROPOSED (NCDOT STD. 838.39) ROADWAY 72 "RCP �- GRADE (2.07.) 12" OF STREAMOED MATERIAL \_ PROPOSED INVERT CROSS SECTION VIEW N.T.S. PROPOSED HEADWALL CDOT STD. 838.39) 14.0' 20' 14.0' SHOULDER 28' MEDIAN SHOULDE 28' TRAVEL LANES TRAVEL LANES EXISTING GRADE 2.� .02 FT 0.02 FT FT 0.02 FT /FT P.02 FT PROPOSED ENDWALL / (NCDOT STD. 838.39) PROPOSED 233 LF 72" RCP ® 2.067. ROAD CROSS SECTION (246 LF OF STREAM PRELIMINARY IMPACTS) —// N.T.S. NOT FOR CONSTRUCTION WGLA Engineering, PLLC CONSULTING ENGINEERS & LAND FIGURE 3.0 PLANNERS DAVIDSON RIVER VILLAGE 1 STREAM IMPACT NC License No: P -1342 TRANSYLVANIA COUNTY, # 214 N. King Street Hendersonville, NC 28792 NORTH CAROLINA Date: 8 Job #13104 14 14 (828) 687 -7177 8/14/14 wgla.com Scal e:N. T. S. EXISTING CHANNEL PROPOSED BRIDGE FOUNDATION WALL US 64 150' R/W i ' I PROPOSED ROADWAY BRIDGES _ _ (SEE FIGURE 3.3 FOR RIVER BANK EXISTING SECONDARY j STABILIZATION IMPACT) ` I STREAM DAVIDSON RIVER VILLAGE PROPOSED 120' R/W 5.5' PROPOSED STORM DRAINAGE (TYPICAL) 32'- TRAVEL LANES 0.02 FT /FT I I I I I I i PROPOSED STREAM EXISTING 24 CMP OF FILL (36 PROPOSED JUNCTION STREAM IMPACTS) BOX TO INTERCEPT EXISTING 24" CMP IMPACT 2 - PLAN VIEW N.T.S. PROPOSED GUARDRAIL —32'— TRAVEL LANES 0.02 5.5' r i'.•S. Ra♦ .!{�, :., •,f �- �•'y:''�r: it y.,'s f: i,.�:i;if.T'j ,•Rf'.v. �.' �•~ :•ix •.i :'�. -If r :.i- '•'r - ,•.►•.'r •.. �' .. :�..•1. r•!•��'r•` > ��'.'i "�;�.�.'-�. fyl' + :. '�f•i ;•"�. �, ':.j +•�:•.: iii �: %.: .LS; 'O�a!F -R •: •. �:'��.y.�•i.�'7, .�.!+ 'i.' `• �': • •' .R, '.1:' ... ..f'.. .. '�•R.ir. `.:'Yr�• i� ;J�• •t.. 1.'.: 1 - -..i. : . r. .. S Nr,' ..,'�.5. •.,.! ,'t',Y j r•. }:.�'f :.f, :r .�► ;•f: � �• : r7r :; : r: •: .. �s•,. ?'�'f.' ,r •'1 .. ' r. � r S •• • •� '. t..: .i i i : y`� .'��.�� ,.__,��r� •. ��+ :�..' . •!� •r i'•'f�� •�� - ••�- • +�.`n -•'l ...v • ~•� �•.��. A• :a:�•:. !r: ►.f �- .:'�..��'�,v •,� i:'�� • ►. f: ir�'`•��f;..'f..•:i"��r :• 'tr' .i. •7.•�•• ..3' ♦ .i ' .•7I ..S PROPOSED SECONDARY STREAM FILL EXISTING GRADE PROPOSED BRIDGE FOUNDATION WALL IMPACT 2 - CROSS SECTION VIEW N.T.S. PRELIMINARY NOT FOR CONSTRUCTION WGLA Engineering, PLLC CONSULTING ENGINEERS & LAND FIGURE 3.1 PLANNERS DAVIDSON RIVER VILLAGE STREAM IMPACT NC License S treet P -1342 TRANSYLVANIA COUNTY, #2 twa 4�, 214 N. King S � 3104 Hendersonville, NC 28792 NORTH CAROLINA Job Date #8/19/14 (828) 687 -7177 wglo.com Scale:N. T. S. PROPOSED FLOODPLAIN BENCHES DAVIDSON RIVER EXISTING BRIDGE DAVIDSON RIVER VILLA PROPOSED 120' R/W PROPOSED ROADWAY BRIDGE (C /L STA. 3609.25 TO STA. 3736.75) �t 1 PROPOSED 145 LF OF CLASS II RIP RAP PROPOSED STORM DRAINAGE (TYPICAL) EXISTING TOP OF CHANNEL BANK IMPACT 3 - PLAN VIEW N.T.S. BEGIN BRIDGE STA. 3609.25 PROPOSED LOW CHORD — (PROPOSED ROADWAY GRADE (1.0%) CLASS II RIP RAP (TYP) 1.5:1 SLOPE TO CAP \— EXISTING GRADE END BRIDGE STA. 3736.75 EXISTING BRIDGE PROPOSED FLOODPLAIN BENCHES IMPACT 3 - CROSS SECTION VIEW PRELIMINARY N.T.S. NOT FOR CONSTRUCTION WGLA Engineering, PLLC FIGURE 3.2 CONSULTING ENGINEERS & LAND RIVER BANK PLANNERS DAVIDSON RIVER VILLAGE STABILIZATION— IMPACT 3 NC License No: P -1342 TRANSYLVANIA COUNTY, 214 N. King Street Job #13104 om Hendersonville, NC 28792 NORTH CAROLINA Date: 8/21/14 r (828) 687 -7177 wglo.com Scale:N.T.S. DAVIDSON RIVER (ORIGINAL CHANNEL) t PROPOSED ROADWAY BRIDGE (C /L STA. 5036 TO STA. 5126) DAVIDSON RIVER VILLA PROPOSED 120' R/W - PROPOSED ' STORM J DRAINAGE (TYPICAL) EXISTING TOP OF CHANNEL BANK IMPACT 4 - PROPOSED R GRADE N.T.S. BEGIN BRIDGE STA. rinla US 64 150' R/W i PROPOSED 135 LF i OF CLASS II RIP RAP I I I I - I I 1 I i 1• I I i I I ( I I EXISTING 24" CMP PLAN VIEW IMPACT 4 - CROSS SECTION VIEW N.T.S. BRIDGE STA. 5126 ,TING GRADE PRELIMINARY NOT FOR CONSTRUCTION WGLA Engineering, PLLC FIGURE 3.3 CONSULTING ENGINEERS & LAND RIVER BANK PLANNERS DAVIDSON RIVER VILLAGE STABILIZATION— IMPACT 4 NC License No: P -1342 TRANSYLVANIA COUNTY, . 214 King Street Job #13104 bj�_r Hendersonville, NC 28792 NORTH CAROLINA Date: 8/22/14 (828) 687 -7177 wgla.com Scale:N. T. S. Davidson River Village, LLC -Road ROW ( +/- 21 AC) Davidson River Village, LLC -Road ROW (+/- 21 AC) Attachment A Conceptual Master Plan (dated 2009) 0 3 a u a -Q o �° d 3 v A A 0 J J 40 •\� f� r'` PIP 64 &J 9-=6-.j Attachment B Notification of Jurisdictional Determinations Entire Site - July 9, 2008 (Action ID 2008-1792) Roadway - August 18, 2014 (Action ID 2014-01120) Entire Site - August 18, 2014 (Action ID 2008-1792) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: 2008-01792 County: Transylvania U.S.G.S. Quad: Pisgah Forest and Brevard NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Davidson River Village, LLC / Attn.: Michael Singer Address: 40 Walnut Street, -Suite 301 Wellesley, MA 02481 Telephone Number: 781-431-8101 Size (acres): 530.14 Nearest Town: Brevard Nearest Waterway: UTs to Davidson River, Trash Creek, Davidson River, & French Broad River River Basin/ HUC: Upper French Broad (06010105) Coordinates: 35.264477 N. 82.703722 W Location description: The site is located on a tract of land (PINS 8597-32-8849, 8597-42-7854, 8597-51-5.302, 8596-8 6077.8597-52-6973, and 8597-53-8878) known as the former Ecusta Mill properties and/or Davidson River Village off Indicate Which of the Following Apply: A. Preliminary Determination _ Based, on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination X There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement, of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 323 or david.w.brown@usace.army.mil. C. Basis for Determination: The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation AIunual and the Regional Supplement to the Cops of Engineers 117edands Delineation Alanual: Eastern AIountain and Piedmont Region, Version 2. These wetlands are abutting to stream channels located on the property that exhibit indicators of ordinary high water marks and have perennial flow. The stream channels on the property are unnamed tributaries (UTs) to the Davidson River, all are relatively permanent waters (RPW), Trash Creek (RPW), the Davidson River (RPW) and the French Broad River (a traditional navigable water). The UTs to the Davidson River flow into the Davidson River, then the Davidson River and Trash Creek flow into the French Broad River, a designated Section 10 water downstream of Wilson Road Bridge in Brevard, North Carolina. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. Remarks: An approved jurisdictional determination for this property (excluding 12.99 acre tract, PIN 8597-32-8849) was issued by the Corps on July 9, 2008 under this Action ID and expired on July 9, 2013. The waters of the U.S., at this site, were verified on-site by the Corps on July 31, 2014 and are as approximately depicted on the attached Stream and Wetland Delineation Map (updated July 17, 2014) submitted by ClearWater Environmental Consultants, Inc. E. Attention USDA Program Participants . This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular''site identified in this request. The delineation/determination 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 17, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Offici t �� David Brown Issue Date of JD: August 18, 2014 Expiration Date: Five year's from Issue Date The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue'to do so, please complete our Customer Satisfaction Survey, located online at littp:Hrey-u latorN,. usacesurvey.com/. Copy furnished: ClearWater Environmental Consultants, Inc., Attn.: Rebekah Newton, 224 South Grove Street, Suite F, Hendersonville NC 28792 :D5 2 - U.S. U.S. ARMY CORPS OF ENGINEERS 5-16-114 WILMINGTON DISTRICT Action ID: 2014-01120 County: Transylvania U.S.G.S. Quad: Pisgah Forest NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Davidson River Village LLC / Attn • Michael Singer Address: 40 Walnut Street, Suite 301 Wellesley, MA 02481 Telephone Number: 781431-8101 Size (acres): +/-21 Nearest Town: Brevard Nearest Waterway: UTs to Davidson River and Davidson River Coordinates: 35.26859 N, 82.70429 W River Basin/ HUC: Upper French Broad (06010105) Location description: The site is a proposed road right-of-way known as Davidson River Village Parkway located on a tract of land (PINS 8597-32-8849 859742-7854 8597-52-6973 and 8597-53-8878) known as the former Ecusta Mill Properties and/or Davidson River Village off Ecusta Road and U.S. Highway 64 in Brevard Transylvania County North Carolina. NOTE: This road right-of-way site is part of a larger 530.14 acre tract of land The Corns issued an approved iurisdictional determination for the entire tract under Action 1D 2008-01792 on August 18, 2014. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide new information for further consideration by the Corps to reevaluate the JD. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the pen -nit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 30 l of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 323 or david.w.brown@usace.army.mil. C. Basis for Determination: The stream channels on the project site are two unnamed tributaries (UTs) to the Davidson River, both are relatively permanent waters (RPW) and the Davidson River (RPW). The UTs to the Davidson River flow into the Davidson river, which flows into the French Broad River, a traditionally navigable water (TNW) and a designated Section 10 water downstream of Wilson Road Bridge in Brevard, North Carolina. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. The UTs to the Davidson River and the Davidson River, at the project site, have perennial flow and exhibit indicators of ordinary high water mark. This jurisdictional determination is valid for the proposed road right-of-way project site only. D. Remarks: The waters of the U.S., at this site, were verified on-site by the Corps on July 31, 2014 and are as approximately depicted on the attached Stream Delineation Alap, Figure 5 (dated July 17, 2014) and the road -right -way project site is shown on Aerial Photograph (1012), Figure 4, both submitted by C1earWater Environmental Consultants, Inc. E. Attention USDA Program Participants This del ineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The del ineation/determ inat ion 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 request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room IOM 15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by October 17, 2014. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: e David Brown Issue Date of JD: August 18.2014 Expiration Date: Five years from Issue Date The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://reeulatory.usacesurvey.com/. Copy furnished: C1earWa'ter Environmental Consultants, Inc., Aun.: Rebekah Newton. 224 Grove Street, Suite F, Hendersonville NC 28792 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2008-1792 County: Transylvania U.S.G.S. Quad: Pisgah Forest NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Renova Partners, LLC / Attn: Mike Sinner Address: 36 Washington Street, Suite 390 Wellesley, MA 02481 Telephone No.: 781431-8101 x.105 Property description: Size (acres) 500 acres Nearest Town Brevard Nearest Waterway Davidson River River Basin French Broad USGS HUC 06010105 Coordinates ' 35.264477N / 82.703722W Location description The site is located on Ecusta Road and formerly known as the Ecusta Mill in Brevard Transylvania County, NC. Indicate Which of the Following Apply: A. Preliminary Determination Based on preliminary information, there may be stream channels and wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. - X There are stream channels and wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We strongly suggest you have the stream channels and wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The stream channels and wetlands on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. The stream channels and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination maybe relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the pen -nit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. Action Id. 2008-1792 Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980. C. Basis For Determination The site 'contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property are known as Thrash Creek, the Davidson River, and their unnamed tributaries. The stream channels flow into the French Broad River and ultimately flows to the Atlantic Ocean through the Gulf of Mexico. D. Remarks Delineation was verified during Mav 1 2008 on-site meeting E. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) Attached: to this verification is an approved jurisdictional determination. If you are not in agreement with that approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: District Engineer, Wilmington Regulatory Program Attn: Amanda Jones, Project Manager 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by September 9, 2008. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** - - - — -- Corps Regulatory Official: Amanda Jones Issue Date: July 9, 2008 Expiration Date: July 9. 2013 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete the Customer Satisfaction Survey located at our website at h ://rDgulatory,usacesuryeV.com/ to complete the survey online. SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: Clearwater Consultants, Attn: Rebekah Newton, 718 Oakland St., Hendersonville, NC 28791 2 Attachment C No Permit Required Letter (dated December 15, 2008) U.S. ARMY CORPS OF ENGINEERS Wilmington District Action ID: 2008-1792 County: Transylvania NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED Property Owner Davidson River Village, LLC Address 36 Washinglon Street, Suite 220 CEC Project # 002 Wellesley, MA 02481 Date Recieved 12 — D90 Telephone Number 781-431-8101 x.104 Size and Location of Property (waterbody, Highway nametnumber, town, etc.): The site is known as the former Ecusta Mill located on Ecusta Road, in Brevard, Transylvania County, North Carolina. Description of Activity: The site is currently designated as a Brownfield site and is undergoing clean up as supervised by the Environmental Protection Agency under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). As part of the remediation, approximately 0.065 acre of wetlands will be filled. Your work as proposed does not require Department of the Army authorization for the following reason(s): There are no jurisdictional waters or wetlands within the boundaries of the property. The proposed project does not impact jurisdictional waters or wetlands. X The proposed project is exempt from Department of the Army regulation. (Specify) The fill does not require a 404 permit since the proposed work is associated with a CERCLA remediation. This Department of the Army determination does not relieve the permittee of the responsibility to obtain any other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate State and local agencies before beginning work. Any changes in the above described work must be coordinated with the Corps of Engineers prior to commencement. If you have any questions regarding the Corps of Engineers regulatory program, please contact Amanda Jones at telephone number (828) 271-7980 x.231 Regulatory Project Manager Signature Date December 15, 2008 Expiration Date December 15, 2012 SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORM, ETC., MUST BE ATTACHED TO THE YELLOW (FILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE. CF: Clearwater Environmental Consultants, Attn: Rebekah Newton, 718 Oakland Street, Hendersonville, NC 28791. Attachment D TRC Letter Report (dated August 22, 2013) 5 Dogwood Road Asheville, NC 28806 828.657.3838 r•r�or F 828.667:3839 a. www.TRCsoltitioiis.corn August 22, 2014 Ms. Rebekah Newton Clearwater Environmental Consultants, Inc. 224 South Grove Street, Suite F Hendersonville, NC 28792 Re: Letter Report, Archaeological Background Research and Reconnaissance of Davidson River Village, Transylvania County, North Carolina Dear Ms. Newton, TRC Environmental Corporation (TRC) has completed a background study and reconnaissance for the proposed Davidson River Village in Transylvania County, North Carolina (Figure 1). The project area is situated along the Davidson and French Broad rivers northeast of Brevard and comprises approximately 530 acres. The area formerly contained the Ecusta Mill and also a quarry. Currently, two landfill areas occupy the site, along with a large pond and a few standing structures related to the Ecusta Mill. Much of the area has previously been disturbed, and portions of the property have been the subject of remediation efforts due to contaminated groundwater and soil related to past industrial use. The research was intended to assess the potential for significant resources on various parts of the tract, so that information could be considered for planning purposes. The archaeological field reconnaissance was conducted on August 12, 2014 by Michael Nelson. The reconnaissance included limited documentation of the entire tract, but focused on the areas that may not have been previously disturbed. The background research was conducted by Tasha Benyshek, also on August 12, 2014. BACKGROUND RESEARCH RESULTS Archaeological Sites. A review of the files and records at the Office of State Archaeology (OSA) in Asheville indicated that there are eight previously recorded sites within the project boundaries, one that is recorded adjacent but may extend onto the property (Table 1; see Figure 1), and at least 24 others recorded within a mile of the project area. Three of the sites within the project area were recorded during the University of North Carolina's (UNC) Cherokee Archaeological Project in the 1960s and site documentation is limited (31TV3, 31TV43, and 31TV 121); all three are prehistoric in age and contained pottery and lithic material. Holden (1966) includes these sites in her descriptions of the Transylvania sites she recorded, so some component information is available (see Table 1). Collections exist at UNCs Research Laboratory of Archaeology in Chapel Hill for these sites. Four of the sites were recorded as a result of an NCDOT survey for a bridge replacement project (Bridge No. 193 along SRI 504 [Old Hendersonville Highway]) (Zinn and O'Connell 2005). Three of these sites are 20th century and were found not eligible for the National Register of Historic Places (NRHP) (see Table 1). The fourth site is a prehistoric site of unknown temporal affiliation that was also recommended not eligible for the NRHP, but was not fully delineated outside the project right-of-way (31TV835). This site may extend into the project area. Two of the sites within the project boundaries were discovered during Wetmore's (1993) survey of portions of Transylvania County and she recommended both potentially eligible to the NRHP (see Table 1). 31TV533 is located east of the Davidson River, south of the northern landfill area. Wetmore's excavations included a single 1 x 1 m test unit and four 50 x 50 cm test units, along with three transects of auger tests. A fairly high density of material was recovered, including sherds and a variety of lithic material. The predominant component represented was the Pisgah Phase (ca. A.D. 1000-1450). The stratigraphy documented was somewhat variable and includes an apparent buried A horizon(s). Most material was derived from the plowzone (Wetmore 1993). The second site Wetmore recorded within the project boundaries, 31TV652, consists of late 19`h century "wing dam" remains found on both sides of the French Broad River in the southernmost portion of the project area and also outside the project area. Up to 20 of these may be located along the southern boundary of the project area spaced at 100 foot intervals along the French Broad. Wetmore found 30 dams surveying by canoe during low water conditions between the mouth of the Davidson River and the Little River. The majority consisted of pairs of lateral dams, and timber cribbing was observed in a few cases (including at least one example with timber cribbing at 31TV652). These dams represent a portion of the 19th century efforts to make the French Broad River a navigable stream (Wetmore 1993; see Dykeman 1965). Historic Structures. Review of the State Historic Preservation Office (SHPO) online database (HPOWEB 2014) determined that there are no structures listed on the NRHP or that have been determined eligible within the project boundaries. Two structures that have such designations are located near the project boundaries. The Elizur Patton House (TV0460) has been determined eligible to the NRHP and is directly adjacent to the project area along the northwest side of Old Hendersonville Highway (SRI 504). The William Deaver House (TV0003) is NRHP listed and is approximately 0.2 miles north of the project area along the northwest side of Asheville Highway (NC 280). Within the project boundaries, the former Ecusta Mill (TV0464) is shown on the study list, with the Ecusta cafeteria shown separately as surveyed (TV0465). Bishir et al. (1999) discuss the Ecusta mill history briefly and record that it contained structures from 1938 and later and that the complex included the original mill and warehouse, along with other buildings. The cafeteria is mentioned as distinctive and consisted of ...... a 1 1/2 story brick building with bracketed eaves, a front porch, and stone chimneys" (Bisher et al. 1999:331). The mill was built in 1939 and originally produced cigarette papers, and later a cellophane production operation was added (Dykeman 1965). The plant closed in 2002, and most of the buildings have been demolished (see below). The Davidson River Gaging Station (TV0421) is also on the study list and is very near or within the northwestern project boundaries, south of Pisgah Highway (US 276) and west of Asheville Highway (US 64). The Davison River Cemetery (TV0480) is on the study list and is near (but outside of) the northeastern project boundary. Others on the study list within a mile of the project area include the Patton Houses District (TV0598), the Charles Patton House (TV0376), and the Ike Ledbetter House (TV0554). Several surveyed structures are within a mile of the project area, but are not listed on the NRHP or on the study list; one is listed as a local landmark, the Partridge Hill cottage (TV0623). 2 Table 1. Previously Recorded Archaeological Sites within and Directly Adjacent to the Project Area Site No. Previous Description NRHP Status Reference 31TV3 Prehistoric sherds (n=208), celt(?) fragment, Area Modified/ Site form (Coe 1949/1955, 31TV834 projectile point (n=2), debitage (n=10) found Filled over (this Holden 1964); Holden (1966) 31TV835 behind church on surface; Holden reports report) Zinn and O'Connell (2005) collectors obtained celts, pipes, axes, gaming and O'Connell); Site stones, and projectile points; Connestee may extend into predominant component, Pisgah present, also project area (this 31TV837 reports Early Woodland, Pigeon, Swift report) Not eligible Zinn and O'Connell (2005) 31TV838 Creek, and Woodstock sherds. Not eligible Zinn and O'Connell (2005) 31TV43 Prehistoric sherds (n=37), debitage (n=17), Largely destroyed Site form (Holden 1964); found on "Ecusta Island." Holden reports the (Holden); Holden (1966) area used as an incinerator for the Ecusta Destroyed/Filled Paper Co. and that the site was largely over (this report) destroyed. Pisgah primary component, Connestee and Early Woodland also present 31TV121 Prehistoric sherds (n=8), debitage (n=21), Destroyed/Filled Site form (Holden 1964); stone tools (n=3) found on surface along over (this report) Holden (1966) Thrash Creek; Pisgah, Connestee *31TV533 Multi-component prehistoric (Late Archaic, Potentially eligible Wetmore (1993) Early Woodland, Middle Woodland, Pisgah, Qualla); 1 x 1 m test unit excavated along with 4 50 x 50 cm units and auger tests; buried A horizon(s) present *31TV652 19'h century wing dams on both sides of the Potentially eligible, Wetmore (1993) French Broad River preservation by 31TV834 20th century domestic avoidance Not eligible Zinn and O'Connell (2005) 31TV835 Unknown prehistoric lithic, limited survey Not eligible (Zinn Zinn and O'Connell (2005) and O'Connell); Site may extend into project area (this 31TV837 2e century domestic report) Not eligible Zinn and O'Connell (2005) 31TV838 20`x` century residential and commercial Not eligible Zinn and O'Connell (2005) *Bold. Sites potentially eligible to the.NRHP within the protect area Cemeteries. There are no indications that any cemeteries are present on the tract (TTP 2014; NISCM 2014). The nearest known cemetery is Davidson River Cemetery (referenced above), located adjacent to the',northeastern project boundary (see Figure 1). The cemetery is depicted as early as 1935 on maps of the area (USGS 1935). Historic Map Review. Topographic maps, United States Department of Agriculture (USDA) soil survey maps, and historic maps were examined for information on natural or cultural variables that might have affected site locations. A number of 19"' -century maps show the generalized vicinity of the project area, but very little detail. One of the earliest maps of Western North Carolina (Price and Strother 1808) shows the French Broad River and `Bendavidsons Creek," along with the Little River and other waterways, but no other detail of the area. The MacRae map of 1833 depicts the Davidson, Little, and French Broad rivers in the area along with other tributaries of the French Broad, but no other detail in the area. The 1884 Royce map of the former territorial limits of the Cherokee depicts Brevard along with rivers and streams, but no other detail in the project vicinity. A late 19th -century map (Kerr 1882) shows a little more detail of the vicinity of the project area with the addition of roads. One of the first maps to contain much detail of the project area is the 1905 Pisgah quadrangle, which depicts the communities of Pisgah Forest, Davidson River, and Ecusta in the project vicinity (the community of Ecusta shows up on maps as early as 1892 [Rand McNally and Co. 1892]). The railroad is also shown along with the roads; roads appear in the approximate locations as Asheville Highway and Ecusta Road; due to the schematic nature of the map, however, it is difficult to determine if any of the structures depicted are within the project area. A structure is depicted north of the river in the vicinity of the extant gaging station (USGS 1905) (Figure 2). The 1906 soil survey map of Transylvania County shows a similar amount of detail as the 1905 Pisgah quadrangle, but little other detail within the project area (Hearn and MacNider 1906). The 1935 Pisgah Forest map shows a school and church east of a road in what is now just west or within the western part of the pond (Figure 3). Signage at the approximate locations of these buildings indicate the church was the Davidson River Presbyterian Church (ca. 1800-1975), while the school was the Davidson River Academy (ca. 1824); a related structure was built at this location in 1855 and destroyed by fire in 1891, according to the signage (Figure 4). A structure is also shown along what is now Ecusta Road within the project boundaries, and another is shown in the westernmost part of project area; these structures are not depicted on the 1946 version. A structure is also shown just east of Thrash Creek, south of Old Hendersonville Highway; this also appears on the 1946 version. The gaging station is also depicted on the 1935 map. The first USGS map to depict the Ecusta Mill is the 1946 Pisgah Forest quadrangle (USGS 1946); this map also shows the channelization of the Davidson River that occurred northeast of the plant and formed "Ecusta Island" in the northern landfill area. The roads in the area are roughly in their current configurations. Vanderbilt Road is shown on this map, which later was renamed Ecusta Road. Besides the mill and presumed mill buildings, three structures are shown in what is now the landfill area north of the extant pond. The church is also still depicted, and a structure is shown in the area that contained the school in 1935 (USGS 1946). FIELDWORK RESULTS The archaeological reconnaissance consisted of a walkover and visual inspection of most of the project area with emphasis given to areas that appeared to be less impacted by the former industrial use of the property. No shovel tests were excavated, but limited subsurface contexts were examined to determine if intact soils are present. In addition, standing structures were photographed within the project boundaries. While most of the Ecusta Mill structures and facilities have been demolished, a few remain intact, including the Davidson River pump house and low head dam (Figure 5), three storage sheds/barns (Figure 6), a brick guard house, a wastewater treatment facility, and a pump house along the French Broad River. Of these buildings, former employee Jack Gairen states that the Davidson River pump house is the only remaining building that dates to the original mill construction in 1939. The storage sheds were constructed in 1943, the French Broad pump house in 1955, the gatehouse in 1965, and the waste treatment facilities in 1975, according to Garren (personal communication, 2014). The majority of the project area, including the location of the former mill (Figure 7), the two inactive landfills (Figures 8 and 9), and the large pond and earthen dam (Figures 10 and 11), is heavily modified and/or steeply sloped. These areas are unlikely to contain intact subsurface cultural deposits (Figure 12). Portions of the former mill operation location have been the target of remediation efforts that have involved substantial excavation. While some areas may contain intact floodplain/terrace soils in the former mill area, these are likely very limited. The remaining sections of the project area appear to be relatively undisturbed and non -sloped. These areas include the southernmost floodplain at the confluence of the Davidson and French Broad rivers (Figures 13 and 14), wooded and overgrown terraces along Davidson River, a wooded area along Carr Lumber 4 ecre brra • 0 ,'1 �. aagi tat on~' �._ '�` •,�tl rillgr�co( r }l C t ' ` 4 'qgFor 9t V f ~ , 31N43 , o u y If I .,Quarry � �' !ng • 11 • �{ � • � �� • • it •811P rlit ` to \ r�1 • " • .. •'rn ��tatim bi • ••� R7 i�i G\�i� � ,� •3tiDf) ,�` • t0 O�ti\Car S • • C 17Voil. �• J : ei i • t 1 • .., l s �i Cel , o� y ! . ater filtration •—�1 < Opol • ,po----.._ VLr has k n.. ' �, ret'_` .' .\• trh r/ • r • ••rr•r • � t i V, K- 6,�i r , �• a .x °� 1:', ` /' 41 ~% i i U 311V838 0% J BM J 56 2,109 tania CommunRy B ` 31TV834 6� 31TV121 j NAT gOR �i� • •11 P4 . to 317V837 ] 70isgah Fore it ;• .. t �Pumping``t �.� �`y ' � •� 11 v 31TV652 NVIL L •oUNNS R f` Q Legend J� Project Area r0 250 Soo 750 1,000 -iiii Meters \ Ae Rekn wledpi e of thea O`ogiAI Survey-would' deri d from se data. Figure 1. Location of Previously Recorded Sites within and Adjacent to the Davidson River Village Project Area 9 i-ULMCMIrKnoo it.., , W �•- r r d� Fiic�r A1.; �- ',� , _ �-.�� ` � . � tt>li , Funneltop Mt "Glend Knob r�'f ' �,� _�avrel Mt. %nett r r, ` i�iu stone .�• M '% s.. all Q ap i Rich Mt �� \ +�1t, p k h'ti ksb Gap r uCk at'. • -� rte' .,� i r; K _. _{aAhsmt`+ �;�.,,�k S �P siinla + Ivy i6ck mti isdMt tt '�4 r b� Ge "�s, j • Horse Kno6� dutilr� B� tt Knob r. l /' i ', '• C4,ntree Hifi" k i4 Ii1Ci(Or �,��r �.,,iLSitt6n { n7 h - okl t T f�` . Kno15� `. fi ;pear_ n Mt. - t y • i idcierptack. Mt _ J h n R04 r- xr High X56b Chestnut Knob i, h'el;tFiUt Mt Project Area` �f ' • } 4�3. WJ f'�.. 1 114 y { 5 k a' _ H ic': s 4 Bla Mr. _ y}, � f. � ,� • � r [ err � :.1 � . i ,�� , ,.: � •t� �' .1�,�°-+,^^fid. \`'}�, i1 i ft -. rt'`r''` ..� ' Gunn '•Rocit� ! �} r -�. f1:'• •FP �..IY` s In�.b�l i may{ •+ .F�«SA �v C . _ _ i... -. -'ice ...1 •«=' �} +i, -�X Lu I # }1 i' s� r r 1 � • 1 ihln�ah t ; 111EiYi t'.l�„r� ! .._ - --_ -� "��.. i ,+•A l� �p�sGa � _j-..' , � mitt 1, gu1c z, rurtlon of tyu.) rlsgatl Ouadrangle showing project area. 10 NIL• • + m t �•r Turkq Creek Ch m \ r y R r T `\ e ♦it O> as <; ♦ a a •aa / G� � ♦ r BraecA 0 •i e'• J(Ve Filifl KnobE, (iaP'�.__� SASINS STA ••s ♦♦+ • ; 'O 1 i• R i d e• '� ,� ''p i i ,N • b r '■ ; • Proj r Ct Area �"; � a C �� ``• f; ��Rj. 'P, Glade' I +' = X1 `♦`� DAVIDSON,INV[R CEM �.Od� •r W• � Cyd +- ,• Camp • i U S pphire Forest r ``. •♦ Service L • r ,`,• ♦+. Administrau're i �' - ' • • r 9� ��► ♦ �� Site • M 2110 • ^�� '.` r ' DRV Der IBOVn •r � I qf' ♦• ��, :OUTNERN S M • RIM ', e4� = NATIONAL FO j Wah Forest •. No t • E14 C;f ina civ !i CCCGuryNo P 66 �• +• UN RZ � 999.980 reap 42'30" Scale 24,000 c Survey I 0 5,000 c— 0 =E,-... 1. 1 v1uv11 V1 isgan rorest yuaarangie snowing project area. 11 C 4r.- - �w id Olt, 7- 4t, Z� A. id Olt, 7- C •�>�� .:' . � . . ,: '� , y �1 :ia .. _ � " `F:_ ' �� `��M � � f � f� s.p �� __. .ru.c o.--iucrl, ,atiuitii site, view To northeast. • •amu.. -/. ivkA„„cdMrn, portion of northern landfill site, view to northwest. 14 - -o--- - .,— -- omuuiclti mijuim AICA, view io northeast. 15 9• y � s - ♦ :�f r� r a 1, + { �, ;R fir •t � % ''` -y. 'ti. r� r r ' v r A.. Y'w . - � f � ��) ��k �AS�i iF4Y ,/ r�' 'lam � ' .• IN e. JI µa g #akr likrz Legend o Areas of Disturbance10 250 f Project Area §e 500 750 1,000 ya, to}•yam 1 G C nrr�uor {rC Cbz xr {�c dl TJ'J i . [ L Il -1 u 1p� , ... �!'� •�� 4� iJa` ��: • t +"� : �' T :�..., Y•''. �".,... '' e'er - •• " , v w r rQ R IF `°'" ,fit' �,:, ..�,•�, 4 x}k x''4.15 � �/K: ��AA i ��` f rR •' if. , ,e♦ r • :'.'trap„ ' " ` �'�^o t #49%. 71-1. e• �-_- .��. . n• �'.. `ems r a Mv `°'" ,fit' �,:, ..�,•�, 4 x}k x''4.15 � �/K: ��AA i ��` f rR •' if. , ,e♦ r • :'.'trap„ ' " ` �'�^o t #49%. 71-1. e• �-_- .��. . n• �'.. `ems r a `°'" ,fit' �,:, ..�,•�, 4 x}k x''4.15 � �/K: ��AA i ��` f rR •' if. , ,e♦ r • :'.'trap„ ' " ` �'�^o t #49%. Road (SRI 566), and three open fields north of the southernmost landfill. These areas likely contain intact soils, at least in some locations. Two previously recorded potentially eligible archaeological sites are located within the areas that appear to be undisturbed or less obviously disturbed. 31TV533 is a multicomponent prehistoric site with possible buried A horizons located east of the Davidson River and south of the northernmost landfill (Wetmore 1993). This site would need further testing to determine NRHP eligibility (Figure 15). 31TV652 consists of a series of late 19"' century wing dams, which are located along both sides of the French Broad River both within and outside the project limits; at least two of these were visible during the current reconnaissance (Figure 16). Preservation by avoidance has been recommended for the wing dam remains (Wetmore 1993). The locations of three of the previously recorded sites -31 TV3, 31 TV43 and 31 TV 121—have been heavily modified since the sites were originally recorded or last visited. Sites 31TV3 and 31TV 121, located on the west and southeast sides of the large pond respectively, were likely completely destroyed by the pond construction. 31 TV3 was located in the area of the Davidson River Presbyterian Church. While it cannot be completely discounted that archaeological remains of the prehistoric site and the former 19`s century buildings still exist east of the pond embankment and parallel ditch at this location, the entire area appears to be modified (see Figures 4 and 10). 31 TV 121 is located wholly within the pond and embankment area. Site 31 TV43 is located in the northeast corner of the northernmost landfill on "Ecusta Island" and was largely destroyed when originally recorded by Holden (1966); it has been further buried and/or destroyed by the continued industrial use of this portion of the project area (see Figure 9). Three of the four sites-31TV834, 31TV837, and 31TV383—recorded during an NCDOT survey for a bridge replacement project along Old Hendersonville Highway are located within the project area, but were determined not eligible for the NRHP (Zinn and O'Connell 2005) and need no further work. The fourth site, 31TV835, is located outside the current project boundaries to the west. Although it was also recommended not eligible for the NRNP, it was not fully delineated (Zinn and O'Connell 2005) and may extend into the southernmost portion of the current project area, which appears largely undisturbed. SUMMARY AND RECOMMENDATIONS The background study and archaeological reconnaissance indicate that of the eight sites previously recorded within the project boundaries, three are in locations that have been heavily modified since originally recorded in the 1960s, while three have been recommended not eligible to the NRHP (Zinn and O'Connell 2005). The remaining two sites have been recommended potentially eligible to the NRNP. 31 TV533 consists of a multicomponent prehistoric site east of the Davidson River, and this site may be intact based on the reconnaissance of the area. 31TV652 consists of late 19`s century wing dams along the French Broad River, and preservation by avoidance has been recommended (Wetmore 1993). The reconnaissance indicates these still exist in the area. Finally, previously recorded prehistoric site 31TV835 may extend into the project area. Areas that have the most potential to contain intact soils and archaeological remains within the project area total approximately 130 acres (excluding that surveyed by Zinn and O'Connell [2005]), and include the southernmost floodplain at the confluence of the Davidson and French Broad rivers, wooded and overgrown terraces along Davidson River, a wooded area along Carr Lumber Road, and three open fields north of the southernmost landfill (see Figure 12). If an archaeological survey becomes necessary, systematic survey would likely be required of those areas. In addition, depending on project impacts, further testing at 31TV533, additional documentation of 31TV652, and verification that 31TV3 has been completely destroyed may be necessary. Thank you for the opportunity to work with you on this project. If you have any questions about this investigation, please feel free to contact me at (828) 230-4812 or tbenyshek@tresolutions.com, or Michael Nelson at 919-414-4562 or mvnelson@tresolutions.com. Sincerely, Tasha Benyshek M.A., RPA Assistant Program Manager, Asheville REFERENCES CITED Bishir, Catherine W., Michael T. Southern, and Jennifer F. Martin 1999 A Guide to the Historic Architecture of Western North Carolina. The University of North Carolina Press, Chapel Hill. Dykeman, Wilma 1965 The French Broad. Wakestone Books, Newport, Tennessee. HPOWEB 2014 North Carolina State Historic Preservation Office GIS Web Service. http://izis.ncdcr.gov/hl2oweb/, accessed August 14, 2014. Hearn, Edward W., and G.M. MacNider 1906 Soil Survey of Transylvania County, North Carolina. U.S. Government Printing Office, Washington, D.C. On file, North Carolina State Archives, Raleigh. Available online at North Carolina Maps, http://dc.lib.unc.edu/cdm/ref/collection/ncmai)s/id/854. Holden, Patricia P. 1966 An Archaeological Survey of Transylvania County, North Carolina. Unpublished Master's Thesis, University of North Carolina, Chapel Hill. Kerr, W.C. 1882 . Map of North Carolina. On file, North Carolina State Archives, Raleigh. Available online at North Carolina Maps, http://dc.lib.unc.edu/cdm/ref/collection/ncmgps/id/1032. MacRae, John 1833 A New Map of the State of North Carolina. John MacRae, Fayetteville, and H.S. Tanner, Philadelphia. Names in Stone Cemetery Maps (NISCM) 2014 Transylvania County, North Carolina. Electronic document, http://www.namesinstone.com/CemeteryList.asl2x#, accessed March 14, 2014. National Resources Conservation Service (NRCS) 2014 Natural Resources Conservation Service, United States Department of Agriculture Web Soil Survey. Electronic document, http://websoilsurvev.nres.usda.gov/, accessed August 2014. North Carolina State Highway and Public Works Commission (NCSHPWC) 1936 Map of Transylvania County. On file, North Carolina State Archives, Raleigh. Available online at North Carolina Maps, http://dc.lib.unc.edu/cdm/ref/collection/ncmus/id/2168. 1953 Map of Transylvania County. On file, North Carolina State Archives, Raleigh. Available online at North Carolina Maps, httl2:Hdc.lib.unc.edu/cdm/ref/collection/ncmaps/id/2022. Price, Jonathon, and John Strother 1808 The First Actual Survey of the State of North Carolina. On file, North Carolina State Archives, Raleigh. Available online at North Carolina Maps, http://dc.lib.unc.edu/cdm/ref/collection/ncmaDs/id/1214. Rand McNally and Company 1892 Rand, McNally & Company's North Carolina. Rand McNally and Company. Royce, C.C. 1884 Map of the Former Territorial Limits of the Cherokee "Nation of Indians. Smithsonian Institution, Washington, D.C. Available online at North Carolina Maps, http://dc.lib.unc.edu/cdm/ref/collection/ncmai)s/id/l 059. Tombstone Transcription Project (TTP) 2014 Transylvania County, North Carolina http://www.usgwtombstones.orp/northcarolina/transylvania html, accessed August 14, 2014. U.S. Geological Survey (USGS) 1905 Pisgah, N.C., 1:125,000 scale topographic map. 1934 Pisgah Forest, N.C., 1:24,000 scale topographic map. 1946 Pisgah Forest, N.C., 1:24,000 scale topographic map. Wetmore, Ruth Y. 1993 An Archaeological Survey of Transylvania County, North Carolina. Sponsored by the Transylvania County Historic Properties Commission. North Carolina Division of Archives and History, Department of Cultural Resources, Raleigh. 7 Zinn, Jesse D., and Megan O'Connell 2005 Archaeological Survey and Evaluation Replacement of Bridge No. 193 on SR 1504 Over the Davidson River Transylvania County, North Carolina NCDOT-Division 14. Federal Aid No. BRSTP-1504(7) State project No. 8.2001501. WBS # 33630.1.1 B4291. NCDOT Human Environment Unit, Raleigh.