20201480 Ver 1_401 Application_20201016

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version*
20201480
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Andrew Moore:eads\awmoore3
Select Reviewing Office:* Asheville Regional Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

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: * r
For the Record Only (Courtesy Copy)
r
New Project
r
Modification/New Project with Existing ID
r
More Information Response
r
Other Agency Comments
r
Pre -Application Submittal
r
Re-Issuance\Renewal Request
r
Stream or Buffer Appeal
Project Contact Information
Name: Alea Tuttle
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Sweet Birch Commons LLC Phase III
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Buncombe
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
PCN Submittal 9.21.2020 Sweet Birch.pdf 4.66MB
Only pdf or Iv17 files are accepted.
Describe the attachments
or comments:
Sign and Submit
V Bychecking the boxand signing box below, I certifythat:
■ 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');
■ 1 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 autorratically.

CLearWaLer
C1earWater Environmental Consultants, Inc.
September 21, 2020 vvvv'w cwenv.com
Ms. Amanda Jones
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
RE: Sweet Birch Commons LLC Phase III (+/- 3.27 AC)
Nationwide Permit 29 Application
General Certification 4139
Buncombe County, North Carolina
Ms. Jones:
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Sweet Birch
Commons LLC, represented by Mr. Jack Weaver. The project site is a 7.36 acre parcel located at
213 Blue Ridge Road, Black Mountain, in Buncombe County, North Carolina. The Phase IN
project area consists of 3.27 undeveloped acres within this parcel. The applicant is seeking a
Nationwide Permit 29 for 0.095 acres of wetland impact and 65.7 linear feet of stream impact in
order to construct a proposed residential development.
Should you have any questions regarding the attached PCN and supplemental information please
do not hesitate to contact me at 828-698-9800. A copy of this application has been sent to
Andrea Leslie at the NC Wildlife Resources Commission and Byron Hamstead of the US Fish
and Wildlife Service. A courtesy copy has been sent to Andrew Moore, of the North Carolina
Division of Water Resources Swannanoa Office.
Respectfully,
9LbVd__0_
Alea Tuttle, P.W.S.
Biologist
Copy Furnished:
Andrea Leslie - NC Wildlife Resources Commission
Byron Hamstead - US Fish and Wildlife Service
Andrew Moore- NC Division of Water Resources
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
A Al"I_-*
R. Clement Riddle, P.W.S.
Principal

Preliminary ORM Data Entry Fields for New Actions
ACTION ID 4: SAW- 2020-00641 Begin Date (Date Received):
Prepare file folder ❑ Assign Action ID Number in ORM ❑
1. Project Name [PCN Form A2a]: Sweet Birch Commons LLC Phase III
2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial
3. Project Description / Purpose [PCN Form 133d and 133e]:
The project purpose is to construct a road crossing over streams and wetlands to build Phase III of the Sweet Birch Commons housing
development.
4. Property Owner / Applicant [PCN Form A3 or A41: Sweet Birch Commons LLC
5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]:
ClearWater Environmental Consultants, Inc.
6. Related Action ID Number(s) [PCN Form 135b]:
7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]:
The project site is a +/- 7.36 acre tract located at 213 Blue Ridge Road, Black Mountain, in Buncombe
County, North Carolina. 35.603032,-82.325212
8. Project Location —Tax Parcel ID [PCN Form Bla]: 0619-10-7982
9. Project Location — County [PCN Form A2b]: Buncombe County
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Black Mountain
11. Project Information — Nearest Waterbody [PCN Form 132a]: Swannanoa River
12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: French Broad - 06010105
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit 429
Regional General Permit 4
Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

CLearWater
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
1, 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: Z.---Z-Z 20.p�
Property Owner Address: Gc �y ,�
7Ii
Phone Number: f tAo — '-5 5-3 . e 9�
Email address:
Property Location:
Owner/Managing partner Sigi
Owner/Managing printed nan
Date:
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.Cwenv.com

Type: CONSOLIDATED REAL PROPERTY
Recorded: 5/16/2018 1:26:02 PM
Fee Amt: $2,426.00 Page 1 of 3
Revenue Tax: $2,400.00
Buncombe County, NC
Drew Reisinger Register of Deeds
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $2,400.00
Parcel Identifier No. Ob 19-10-7719-00000
Mail/Box to: Begley Law Firm, PA
This instrument was prepared by: Wm. Michael Begley, Begley Law Firm, PA, a licensed North Carolina
attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon
disbursement of closing proceeds. This instrument was prepared without examination of title and no
opinions or representations are being made, either express or implied, by the preparer.
Brief description for the Index:
THIS DEED made this 15th day of May, 2018, by and between
0"W l►Mal
Lakey Gap Land Company, a North Carolina
corporation
309 N Dougherty Street
Black Mountain, NC 28711
GRANTEE
Sweet Birch Commons LI..0
P. O. Box 801
BIack Mountain, NC 28711
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESS ETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in the City of Black Mountain, BIack Mountain
Township, Buncombe County, North Carolina and more particularly described as follows:
See Exhibit A attached hereto entitled "Description", which is hereby incorporated as if set forth herein
verbatim.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 922, page 192
and Book 1111, Page 152.
submitted electronically by "Begley Law Firm, PA"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Buncombe county Register of Deeds.
Book: 5664 Page: 925 Page 1 o1 3

All or a portion of the property herein conveyed includes or _X_ does not include the primary residence
❑fa Grantor.
A map showing the above described property is recorded in flat Book 189, page 31 .
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and
that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than
the following exceptions: Easements, restrictions, rights of way of record, zoning ordinances of the Town
of Slack Mountain, and 2018 ad valorem taxes, prorated as of the date of closing. The Grantor further
warrants that restrictions, if any, have not been materially violated and do not affect the value of the subject
property; that any labor or material furnished to the subject property within 120 days prior to the date of this
Deed have been paid; and that, upon delivery of this Deed, no tenant or any person other than the Grantee
herein will have any right to use or possess the subject property.
IN WITNESS WIIEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
LAKEY GAP LAND COMPANY......
By:
Y
Joseph M. Tyson, President
State of North Carolina - County of Buncombe
I, the undersigned Notary Public of the County and State aforesaid, certify that JOSEPH M. TYSON, who
is known to me or proved to me on the basis of satisfactory evidence to be the person described, personally
appeared before me this day and acknowledged that he is President of LAKEY GAP LAND COMPANY,
a North Carolina corporation, and that by authority duly given lie executed the foregoing instrument on
behalf of said entity for the purposes therein expressed. Witness my hand and Notarial stamp or seal this
11 th day of May, 201 S.
Mary P. Wald, Public
My Commission Expires: February 29, 2020
Book: 5664 Page: 925 Page 2 o1 3

EXHIBIT A
DESCRIPTION
Being all of those tracts of land designated as "Lot 1, Lot 2, Lot 3, Phase 1, and Future
Development", containing a total of 14.281 acres, more or less, as shown on a Plat for Sweet Birch
Commons LLC, which said Plat is duly recorded in the Office of the Register of Deeds for
Buncombe County, North Carolina in Plat Book 189, Page 31, reference to which said Plat is hereby
made for a more particular metes and bounds description of said tracts of land.
Book: 5664 Page: 925 Page 3 o1 3

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
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1 d.
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
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑X Yes ❑ No
For the record only for Corps Permit:
❑ Yes ❑X 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 ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Sweet Birch Phase III
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Black Mountain
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Sweet Birch Commons, LLC
3b.
Deed Book and Page No.
5664-0925
3c.
Responsible Party (for LLC if
applicable):
Jack Weaver
3d.
Street address:
PO Box 801
3e.
City, state, zip:
Black Mountain, NC 28711
3f.
Telephone no.:
410-533-8996
3g.
Fax no.:
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
0 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):
Clear Water Environmental Consultants
5c.
Street address:
32 Clayton Street
5d.
City, state, zip:
Asheville, NC 28801
5e.
Telephone no.:
828-698-9800
5f.
Fax no.:
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
0619-10-8903
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.603032 Longitude:-82.325212
1 c.
Property size:
7.36 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Swannanoa River
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
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:
The site consists of forested land and maintained turf and meadow, with wetlands and streams on site. The site has been partially developed with the
construction of a paved access road and utility infrastructure. The vicinity of the site is primarily forested, residential, hay/pasture and commercial use.
3b.
List the total estimated acreage of all existing wetlands on the property: 0,299
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 793
3d. Explain the purpose of the proposed project:
The project purpose is to construct a road crossing over streams and wetlands to build Phase III of the Sweet Birch Commons housing development.
3e. Describe the overall project in detail, including the type of equipment to be used:
Please refer to attached Supplemental Information
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases) in the past?
❑X Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
Other: Clearwater Environmental Consul
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
PJD issued 5/27/2020. Attachment A.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑X Yes ❑ No
6b. If yes, explain.
Prior phases did not require a USACE permit. This is the third and final phase
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X 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.
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 P
Fill
Bottomland Hardwood Forest
Yes
Corps
0.095
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:
0.095
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 to Swannanoa
PER
Corps
3
65.7
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
65.7
3i. Comments:
S1: A 36" CMP Culvert will be placed on UT to Swannanoa, resulting in impacts to 65.7 LF to stream, with 197.1 sqft (0.0045 AC) impact to WOTUS.
Page 4 of 10
PCN Form — Version 1.4 January 2009

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 indivi ually 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)
O1
Choose one
Choose
O2
Choose one
Choose
O3
Choose one
Choose
O4
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the 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 miti ation, 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

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
68.2% (0.204 AC) of wetlands are avoided, and 91 % (727.3 LF) of streams are avoided on the project site. Impacts to wetlands and streams have
been minimized to the maximum extent possible to achieve project goals. The culvert crossing on LIT to Swannanoa is necessary for vehicle access to
the eastern portion of the parcel.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Sediment and erosion control measures and best management practices would be
utilized on -site. Culvert installation on LIT to Swannanoa (S2) would be done "in the dry" via the use of a coffer dam and pump around system. Refer to
Attachment B for project plans.
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 ❑X 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:
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: DIMS Letter in
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

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 7 of 10

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
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑X No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
40 %
2b.
Does this project require a Stormwater Management Plan?
❑X 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:
A Stormwater Management Plan designed by Davis CivilSolutions, PA will be submitted for review and approval to Buncombe County. Buncombe
County is a delegated local authority for revision and approval of Stormwater Management Plans.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Buncombe County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
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

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 ❑X 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
El 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
❑ Yes ❑ No
letter.)
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 ❑X No
or Riparian Buffer Rules (15A NCAC 2B .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
El Yes ❑X 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.
This project may result in the construction of residential homes within the project area, but will not result in additional development outside of the
project area which could impact nearby 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.
The will connect to the existing sanitary sewer Tine on Blue Midge Road. The wastewater form the site will be treated by the
project generated
Metropolitan Sewerage district of Buncombe County, NC
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or 0 Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes 0 No
impacts?
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?
CEC consulted the NC Natural Heritage Program Data Explorer, USFWS list of threatened and endangered species, federal species of concern and
candidate species for Buncombe County, and USFWS Northern Long Eared Bat Consultation Areas map (Attachment C)
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes X❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystems IMS: project does not occur near a marine environment.
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 X❑ 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?
See Attached PCN Supplement.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑X Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Portions of Phase I and II are within the FEMA floodplain. The applicant has acquired a Floodplain Development Permit from Buncombe County.
Phase III is not within the FEMA floodplain.
8c. What source(s) did you use to make the floodplain determination?
CEC consulted the FEMA Floodplain Map 3710061900J Effective January 6, 2010
Cke)A
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agents signature is valid only If an authorization
letter from the applicant isprovided.)
Page 10 of 10

Sweet Birch Phase III SAW 2020-00641
Pre -construction Notification (PCN) Form Supplement
Clearwater Environmental Consultants
B. Project Information and Prior Project History
Section 3. Project Description
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will consist of single-family residential homes. The residential development and
associated infrastructure would be constructed using typical construction and earth moving
equipment. The project will include installation of 36" CMP culvert crossing on UT to
Swannanoa and impacts to wetlands by fill. The project will also include the installation of a new
sewer line. The line will extend from the existing MSD manhole and extend along the proposed
road alignment for 640 LF and will cross the stream at the location of the proposed culvert.
Typical details for the stream crossings are included for review (Attachment B)
Section F. Supplementary Information
7b. What data sources did you use to determine whether your site would impact historic or
archeological resources?
CEC utilized the NC State Historic Preservation Office GIS Service "HPOWEB 2.0 Buffer Tool"
to determine the site's proximity to State and Nationally designated historic places. The site is
within one mile of National Register of Historic Places sites: BN0196 (Rafael Guastavino Sr.
Estate), BN0807 (Monte Vista Hotel), BN0199 (In the Oaks), BN0443 (Kate And Charles Noel
Vance House), BN1259 (Black Mountain Downtown Historic District), BN1795 (Dougherty
heights historic district.) The site is also near the State Listed Sites: BN1452 (Black Forest
Lodge) and BN2473 (High Top Colony Historic District.) There are no designated state or federal
historic sites within the project area. It is the opinion of CEC that development of this project will
not impact these historic sites or districts.

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CONTACT: JAM HEAVER
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ADDRM 625C MERRIMOH AVENUE 0228
AS'NEVILE, NC 28804
FIN: 08,9-10-89L13
PHYSICAL ADDRESS, 213 SLLE IMGE ROAM
BLACK MOUNTAIN, NC 20711
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ATTACHMENT A: Preliminary Jurisdictional Determination Issued May 27, 2020

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2020-00641 County: Buncombe U.S.G.S. Quad: NC- Black Mountain
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Sweet Birch Commons, LLC
Jack Weaver
Address: 118 White Oak Circle
Black Mountain, NC 28711
Telephone Number: 410-533-8996
E-mail: weaveri ack1963
Size (acres) 14.3 Nearest Town Black Mountain
Nearest Waterway Swannanoa River River Basin French Broad -Holston
USGS HUC 06010105 Coordinates Latitude: 35.603032
Longitude:-82.325212
Location description: The project site is located at 213 Blue Ridge Road, Black Mountain, NC 28711
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 7/10/2019 (Figure 5).
Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be
affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that maybe subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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 waters, including wetlandson the above described project area/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 recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

2020-00641
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, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. 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/property 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 in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or
amanda.i ones(a)us ace.army.mil.
C. Basis for Determination: See the preliminary iurisdictional determination form dated 05/27/2020.
D. Remarks: None.
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
Atlas: Phillip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
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 Not applicable.
**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:
Digitally signed by
FUEMMELER.AMAND FUEMMELER.AMANDA.JONES.1242
A.JONES.1242835090 835090
Date: 2020.05.2714:47:23-04'00'
Date of JD: 05/27/2020 Expiration Date of JD: Not applicable

Sweet Birch (+/- 14.3 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 Arrrry 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: Project Boundary - Davis CivilSolutions, PA
Topo - Buncombe County
Project Boundary
Legend
Project Boundary
Culvert
Stream
Wetland
Data Form
Contours (20ft)
Potential Wetland
Waters of the US
Potential Wetland
Waters of the US
Potentially Jurisdictional Water
Wetland (AC)
Stream(LF)
W 1
0.025
S1
1,050
W2
0.242
S2
101
W3
0.057
S3
145
Total
0.324
Total
1,296
W2
Potential Wetland
Waters of the US
land
S
s2
I' Potential Non -Wetland
Waters of the US
SI" j
� I
I
�I
. W1 i Milk 2
k - ` OM,
N
0 100 200 400
Feet
[LearWater Stream & Wetland
Buncombe County, Delineation Map
North Carolina 32 Clayton Street y Delineated Jul 10, 2019
Asheville, North Carolina 28801 Fl aure 5

ATTACHMENT S: Project Plans Davis CivilSolutions, PA

Si11)teevelopment Plan for
gig
Index of Drawings
TOWN Of:'f3LACr\
r Sheet
Owner/ Developer: SWEET BIRCH COMMONS, LLC MOUNTAIN C1. G1. CovExier
Conditions
C2. Layout
Contact: MR. JACK WEAVER C3. Road Plan/Profile
410.533.8996 5 N
P.O. BOX 801 C4. Grading, SW, EC
� � P
MOUNTAIN BLACK 2 5 C , NC 8 711 rim � C5. Sewer Plan &Profile
C6. Water Plan & Profile
PIN: 0619-10-8903 C7. Stream Culvert Plan & Profile
Project C8. Wetland Disturbance Area
Location D1. Details
BLUE RIDGE
�� D1.1. NCG01 Details
S T D1.2. NCG01 Details
OLD LAKEY GAS RD D2. Details
D3. Details
D4. Details
Vicinity Map D5. Details
D6. Details
NOT TO SCALE
Davis CivilSolutions, PA D7. StormTech Details
Site Infrastructure • En ineerin Planning
g\ elm D8. StormTech Details
/ g g/ g135-A Charlotte Highway Asheville, North Carolina 28803�e RZ"
D9. StormTech Details August, 2020
828.299.9449 PH • www.daviscivilsolutions.com
12296 = T D10. Culvert Placement Details TDescription
THIS DOCUMENT AND THE INFORMATION PROVIDED HEREIN IS COPYRIGHTED CONFIDENTIAL ° I Revision I�c1tE. .
MATERIAL AND IS THE PROPERTY OF DAVIS CIVILSOLUTIONS, PA., PROVIDEDAS AN INSTRUMENT e° \
OF SERVICE. THIS DOCUMENT MAY NOT BE COPIED, REPRODUCED, ALTERED, PROVIDED TO ANY
OTHER PARTY, OR USED FOR ANYTHING OTHER THAN THE SPECIFIC PROJECT IDENTIFIED OR
REFERRED TO HEREIN, OR USED FOR EXTENSION TO THIS PROJECT, IN PART OR IN WHOLE,
WITHOUT THE EXPRESS WRITTEN CONSENT OF DAMS CIVILSOLUTIONS, PA. DE
^ ° O` \\\\
COPYRIGHT2020 ��IIII \ q w
DAVIS CIVILSOLUTIONS, PA. r
ALL RIGHTS RESERVED '�

D
Z3z
z
PIN 0619-21-3439
ANNA POTT5 0LACKWELL
APPROXIMAT 20X' ' ELEPII EA5EMENT DB 5191 PG 751
PER DD l 62 PG 4 44 05 5509 PG 1450 P6 42 PG 15
PIN 06 -2 I -1367 TELEPHONE
PHASE 3 PROJECT ANI)RFW AI I FN P3RnFHi lll• TRI9HA I YNN .SFARI P�ACCE55 PANEL
TOWN OF BLACK
MOUNTAIN
H� -/0
Project
BLUE Location
RIDGE RD
SIT 9
OLD LAI E GAP RD
Vicinity Map `
NOT TO SCALE
DEVELOPMENT DATA BLOCK
OWNER/DEVELOPER:
SWEET BIRCH COMMONS LLC
CONTACT:
JACK WEAVER
PHONE:
410.533.8996
ADDRESS:
825C MERRIMON AVE. #298
ASHEVILLE, NC 28804
PIN:
0619-10-8903
PHYSICAL ADDRESS:
213 BLUE RIDGE ROAD
BLACK MOUNTAIN, NC 28711
PROPERTY SIZE:
7.36 ACRES
PROJECT AREA PH. •
3.27 ACRES
ZONING DISTRICT:
ToB ZONING TR-4 PUD APPROVED
35' CUL-DE- C
PER DB 5 5 PG 10300, 80 120 180
/ GRAPHIC SCALE 1"-60'
S�
. i'"'1 O G
Oz
C�
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(U 14
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THIS DOCUMENT AND THE INFORMATION
PROVIDED HEREIN IS COPYRIGHTED
CONFIDENTIAL MATERIALAND IS THE
PROPERTY OF DAVIS CIVILSOLUTIONS, PA.,
PROVIDED AS AN INSTRUMENT OF SERVICE.
THIS DOCUMENT MAY NOT BE COPIED,
REPRODUCED, ALTERED, PROVIDED TO ANY
OTHER PARTY, OR USED FOR ANYTHING
OTHER THAN THE SPECIFIC PROJECT
IDENTIFIED OR REFERRED TO HEREIN, OR
USED FOR EXTENSION TO THIS PROJECT, IN
PART OR IN WHOLE, WITHOUT THE EXPRESS
WRITTEN CONSENT OF DAVIS
CIVILSOLUTIONS, PA.
COPYRIGHT 2016
DAVIS CIVILSOLUTIONS, PA.
ALL RIGHTS RESERVED
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WILL BUILD UP ON BOTTOM
SANITARY SEWER
TYPICAL ROAD SECTION
NOT TO SCALE
8"
MIN.
(TYP. )
ATM METER
CULVERT TO BE
DDED 6• — 12•
NOTE
—THERE SHALL BE AN 18• VERTICAL
SEPARATION BETWEEN WATER AND
SEWER LINES
—WATER LINES SHALL BE A MAAMUM
OF 3 FEET FROM THE EDGE OF CURB
AND GUTTER
—ALL UTILITIES SHALL BE A MINIMUM OF 3
FEET FROM THE WATER LINE.
CULVERT SHALL BE BACKFILLED
WITH ENGINEERED FILL PLACED AND
COMPACTED IN 6" LIFTS.
HAUNCH
(COMPACTED TO 98%
OF STANDARD PROCTOR).
BEDDING
(COMPACTED TO 98%
OF STANDARD PROCTOR).
#57 STONE WRAPPED IN
MIRAFI 140 N OR
EQUIVALENT
CULVERT INSTALLATION DETAIL
NOT TO SCALE
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THIS DOCUMENT AND THE INFORMATION
PROVIDED HEREIN IS COPYRIGHTED
CONFIDENTIAL MATERIAL AND IS THE
PROPERTY OF DAVIS CIVILSOLUTIONS, P.A.,
PROVIDED AS AN INSTRUMENT OF SERVICE.
THIS DOCUMENT MAY NOT BE COPIED,
REPRODUCED, ALTERED, PROVIDED TOANY
OTHER PARTY, OR USED FOR ANYTHING
OTHER THAN THE SPECIFIC PROJECT
IDENTIFIED OR REFERRED TO HEREIN, OR
USED FOR EXTENSION TO THIS PROJECT, IN
'ART OR IN NMOLE, WITHOUT THE EXPRESS
WRIT TEN CONSENT OF DAVIS
CIVILSOLUTIONS, P.A.
COPYRIGHT 2016
DAVIS CIVILSOLUTIONS, PA.
ALL RIGHTS RESERVED
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D10

ATTACHMENT C: Threatened and Endangered Species Data

Buncombe County Endangered Species, Threatened Species,Federal Spe...
https://www.fws.gov/raleigh/species/cntylist/buncombe.html
Endangered Species, Threatened Species,Federal Species of
Concern, and Candidate Species,
Buncombe County, North Carolina
Updated: 07-17-2020
Common Name Scientific name Federal Record Status
Status
Vertebrate:
Allegheny woodrat
Neotoma magister
FSC
Current
Appalachian Bewick's wren
Thryomanes bewickii altus
FSC
Historical
Bachman's sparrow
Aimophila aestivalis
FSC
Historical
Bald eagle
Haliaeetus leucocephalus
BGPA
Current
Blotchside logperch
Percina burtoni
FSC
Historical
Bog turtle
Glyptemys muhlenbergii
T (S/A)
Current
Carolina northern flying squirrel
Glaucomys sabrinus coloratus
E
Current
Cerulean warbler
Dendroica cerulea
FSC
Current
Eastern small -footed bat
Myotis leibii
ARS
Current
Gray bat
Myotis grisescens
E
Current
Hellbender
Cryptobranchus alleganiensis
ARS
Current
Longhead darter
Percina macrocephala
FSC
Historical
Northern long-eared bat
Myotis septentrionalis
T
Current
Northern saw -whet owl (Southern
Aegolius acadicus pop. I
FSC
Current
Appalachian population)
Paddlefish
Polyodon spathula
FSC
Historical
Pygmy salamander
Desmognathus wrighti
FSC
Current
Rafinesque's big -eared bat
Corynorhinus rafinesquii
FSC
Historical
Red crossbill (Southern
Loxia curvirostra
FSC
Current
Appalachian)
Southern Appalachian black-
Poecile atricapillus practicus
FSC
Historical
capped chickadee
Southern water shrew
Sorex palustris punctulatus
FSC
Current
1 of 3 9/14/2020, 4:35 PM

Buncombe County Endangered Species, Threatened Species,Federal Spe... https://www.fws.gov/raleigh/species/cntylist/buncombe.html
Spotfin chub=turquise shiner
Yellow -bellied sapsucker
(Southern Appalachian
population)
Invertebrate:
Appalachian elktoe
French Broad crayfish
Rusty patched bumble bee
Southern Tawny Crescent
butterfly
Spruce -fir moss spider
Tan Af aclhnll
Vascular Plant:
Blue Ridge Goldenrod
Blue Ridge Ragwort
Bunched arrowhead
Butternut
Cain's reedgrass
Fraser fir
Fraser's loosestrife
French Broad heartleaf
Gray's lily
Granite Dome Goldenrod
Mountain Sweet Pitcherplant
Piratebush
Spreading avens
Virginias ip raea
Nonvascular Plant:
a liverwort
a liverwort
Appalachian Pocket Moss
Lichen:
Rock gnome lichen
Erimonax monachus T
Sphyrapicus varius appalachiensis FSC
Alasmidonta raveneliana E
Cambarus reburrus FSC
Bombus afnis E
Phyciodes batesii maconensis FSC
Microhexura montivaga E
Epioblasma florentina walkeri E
(=E. walkeri)
Solidago spithamaea T
Packera millefolium FSC
Sagittaria fasciculata
Juglans cinerea
Calamagrostis cainii
Abies fraseri
Lysimachia fraseri
Hexastylis rhombiformis
Lilium grayi
Solidago simulans
Sarracenia rubra ssp. Jonesii
Buckleya distichophylla
Geum radiatum
Spiraea virginiana
Plagiochila sharpii
Plagiochila vrginica var.
caroliniana
Fissidens appalachiensis
Gymnoderma lineare
E
FSC
FSC
FSC
FSC
FSC
FSC
FSC
E
FSC
E
T
Historical
Current
Current
Current
Historical
Historical
Current
Historicalal and
Obscure
Current
Current
Historical
Historical
Current
Current
Historical
Current
Current
Current
Current
Current
Current
Historical
ARS Current
FSC Current
ARS
E
Historical
Current
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to
support listing. (Formerly "C1" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered
Species Act. Consultation under Section 7(a) (2) of the ESA is not required for Candidate or Proposed species;
2 of 3 9/14/2020, 4:35 PM

Buncombe County Endangered Species, Threatened Species,Federal Spe... https://www.fws.gov/raleigh/species/cntylist/buncombe.html
although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting
species proposed for listing.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically
endangered or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential).
Experimental, nonessential populations of endangered species (e.g., red wolf) are treated as threatened species
on public land, for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Bald and Golden Eagle Protection Act (BGPA)_
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed
(de -listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August
8,2007. After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes
the primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit http://www.fws.gov/migratorybirds/baldeagle.htm
Threatened due to similarity of appearance(T(S/A))_
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from
New York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south
to Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part
of the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - Based on NC Natural Heritage Program information, this taxon is considered to be extant in the
county.
Historical - Based on NC Natural Heritage Program information, this taxon is considered to be historical in
the county, meaning that all recorded occurrences are either extirpated, have not been found in recent surveys,
or have not been surveyed recently enough to be confident they are still present.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.
3 of 3 9/14/2020, 4:35 PM

a ■■N
•� i NC DEPARTMENT OF
notan NATUPAL AND CULTURAL RESOURCES
■ soil
Roy Cooper. Governor
Susi Hamilton, Secretary
Walter Clark, Director, Land and Water Stewardship
NCNHDE-12866
September 14, 2020
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, NC 28801
RE. Sweet Birch, 1054
Dear ClearWater Environmental Consultants, Inc.:
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/Directory/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, Clean Water Management Trust 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 rodnev.butlerWncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
1:1 W. JONES STREET, RnLE01_ rrC 27603 - 1CS1 MAIL SERVICE CENTER. RALEiGH. NC 276"
OFC !J19 707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Sweet Birch
Project No. 1054
September 14, 2020
NCNHDE-12866
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
K07bservation
Occurrence
Status Status
Rank
Rank
n Rank
Amphibian
8526 Ambystoma
Mole Salamander
1987-10-21 H
3-Medium
--- Special
G5
S2S3
talpoideum
Concern
Amphibian
7156 Cryptobranchus
Eastern Hellbender
2019-03-15 C
3-Medium
--- Special
G3T2
S3
alleganiensis
Concern
alleganiensis
Bird
9398 Setophaga cerulea
Cerulean Warbler
1983-07 H
4-Low
--- Special
G4
S213
Concern
Crustacean
648 Cambarus reburrus
French Broad River
1984-09-25 H
3-Medium
--- Significantly
G3
S2
Crayfish
Rare
Dragonfly or
33442 Calopteryx amata
Superb Jewelwing
2004-Pre H?
5-Very
--- Significantly
G5
S1S2
Damselfly
Low
Rare
Natural
3321 Rich Cove Forest
---
2010 C
4-Low
--- ---
G4
S4
Community
(Montane Intermediate
Subtype)
Sawfly, Wasp,
37107 Bombus affinis
Rusty -patched Bumble
1919-07-18 H
4-Low Endangered
Significantly
G2
S1
Bee, or Ant
Bee
Rare
Vascular Plant
23549 Scutellaria galericulata
Hooded Skullcap
1912-07-19 H
4-Low
--- Special
G5
SH
Concern
Historical
Vascular Plant
6526 Thermopsis fraxinifolia
Ash -leaved Golden-
1981-06-22 E
3-Medium
--- Special
G3?
S2?
banner
Concern
Vulnerable
Natural Areas Documented Within a One -mile Radius
of the Project Area
Representational Rating
ollective Rating
Christmount Natural Area
R5 (General)
C5 (General)
Blue Ridge Assembly
Natural Area
R5 (General)
C4 (Moderate)
Page 2 of 4

Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Name Owner Owner Type -
NC Clean Water Management Trust Fund Funded NC DNCR, Clean Water Management Trust State
Project Fund
Town of Black Mountain - Douglas M. Brock Park Town of Black Mountain Local Government
North American Land Trust Easement North American Land Trust Private
Town of Black Mountain - Dr. John Wilson Town of Black Mountain Local Government
Community Garden
Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.org/helr). Data query generated on September 14, 2020; source: NCNHP, Q3 July 2020.
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 3 of 4

NCNHDE-12866: Sweet Birch
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September 14, 2020
❑
Project Boundary
❑
Suffered Project Boundary
NH Natural Area (NH NA)
L3
Managed Area (MARSA)
1:21,684
0 0.175 0.35 0.7 mi
0 0.275 0.55 1.1 km
Sources: Esri, HERE, Garmin. Inlen—p, inuemanl P Corp., GEWO, USGS,
fAG, NP$. NRCAN, Gee$asa, IG N, Kadas[er NL, Ordnance Survey, Esri ,lepan.
MET,- Esri China [Hong Kang!• [c] OpenslreeVAap cantritulors, and the GIs
user Co Unit'
Page 4 of 4