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HomeMy WebLinkAbout20210512 Ver 1_401 Application_20210429Staff Review Form Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 1 20210512 Is this project a public transportation project?* Reviewer List:* Select Reviewing Office:* Submittal Type:* r Yes r No Andrew Moore:eads\awmoore3 Asheville Regional Office - (828) 296-4500 401 Application Does this project require a request for payment to be sent?* C' Yes No How much is r $240.00 owed?* C' $570.00 Project Submittal Form Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request ✓ Stream or Buffer Appeal Pre -Filing Meeting Information Before submitting this form please ensure you have submitted the Pre -Filing Meeting Request Form as we will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used in accordance with 40 C.F.R. Section 121.4(a) "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency" and in accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Click here to read more information on when this form is needed prior to application submission or here to view the form. Attach documentation of Pre -Filing Meeting Request here: Pre -Filing Meeting Request Acknowledgement - Pi....pdf 121.59KB Date for Meeting Request 3/12/2021 ID# 20215012 Version 1 Project Contact Information Name: Tyson Kurtz who is submitting the inforrration? Email Address: tyson@cwenv.com Project Information Project Name: Amarx- Valley Road Is this a public transportation project? r Yes a 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 docunent Amarx Valley Rd NWP 29 and PJD Application - 4.5MB 4.29.21 - Signed.pdf Only pdf or krre files are accepted. Describe the attachments or comments: NWP 29 and Individual WQC 4256 PCN application for the Amarx - Valley Road project located in Asheville. Sign and Submit 17 By checking the box and signing box below, I certify that: • I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. • I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the online form. Signature: Submittal Date: Is filled in autorratically. DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Lear a Pr ClearWater Environmental Consultants, Inc. www.cwenv.com April 29, 2021 Amanda Fuemmeler US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 Mr. Paul Wojoski NC DWR, 401 Permitting & Buffer Unit 512 N. Salisbury Street, 9th Floor Raleigh, North Carolina 27604 RE: Amarx — Valley Road (+/- 6 Acres) NC DWR Project No. 20215012 vl Nationwide Permit 29 Application Buncombe County, North Carolina Dear Mrs. Fuemmeler and Mr. Wojoski, The attached Pre -Construction Notification (PCN) request is being submitted on behalf of Pinecroft AVL LLC, represented by Kyle Gilliland. The project site is defined by Buncombe County parcel 975028138300000 located at 502 Beaverdam Road in Asheville, North Carolina. The applicant is pursuing a Nationwide Permit 29 for stream impacts associated with access to a residential development. Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Mr. Andrew Moore, NCDEQ Division of Water Quality. A courtesy copy will be sent to Mr. Byron Hamstead, US Fish and Wildlife Service. Sincerely, DocuSigned by: DocuSigned by: Tyson Kurtz Biologist DocuSigned by: 2. U 2 6AC 1/4,-0A79F7DC85EE4F7... R. Clement Riddle, P.W.S. Principal Copy issued: Andrew Moore - NCDEQ — Division of Water Resources (Asheville Regional Office) Byron Hamstead — US Fish and Wildlife Service (Asheville Field Office) 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder n Assign Action ID Number in ORM n 1. Project Name [PCN Form A2a]: Amarx - Valley Road 2. Work Type: Private InstitutionalFl Government [1 Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: NWP 29 application and PJD request on behalf of Pinecroft AVL, LLC for a +/- 6 acre tract of land proposed for residential development in Asheville, Buncombe County, NC. 4. Property Owner / Applicant [PCN Form A3 or A4]: Pinecroft AVL, LLC attn: Kyle Gilliland 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location — Coordinates, Street Address, and/or Location Description [PCN Form B lb]: The project site is located at 502 Beaverdam Road in northern Asheville (35.645077, -82.527503). 8. Project Location — Tax Parcel ID [PCN Form B 1 a] : 975028138300000 9. Project Location — County [PCN Form A2b]: Buncombe 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Asheville 11. Project Information — Nearest Waterbody [PCN Form B2a]: Beaverdam Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: French Broad / 06010105 Authorization: Section 10 fl Section 404 fl Regulatory Action Type: Standard Permit Nationwide Permit # 29 Regional General Permit # Jurisdictional Determination Request Section 10 and 404 pi RPre -Application Request Unauthorized Activity RCompliance No Permit Required Revised 20150602 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 CLea r WaLe r 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 C1earWater 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 USAGE or DWR. Additionally, l 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. A Property Owner of Record: RAE_ c etrr , A VL t (!{� Property Owner Address: — .SkrN 1Ir' 4 Zrgey Phone Number: _ _ gZ $ - h'Z /-77P Email address: Property Location: Owner/Managing partner Signature: Owner/Managing printed name: Date: 1y d t 5-02 &4.,.,, L 2J ALA JI, mot- lever ietk II/ ill 41 5/1 145 7th Avenue West. Suite B l lendersonvil le, NC 28792 Phone:828-698.9800 www.Cwenv.cam DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 sr — Buncombe County Assessment Property Record Search BUNCOMBE COUNTY ASSESSMENT PROPERTY RECORD SEARCH 975028138300000 PINECROFT AVL LLC 502 BEAVERDAM RD 825-C MERRIMON AVE #298, ASHEVILLE, NC, 28804 Key Information Total Appraised Value $650,000 Zoning Land Use Code Fire District Present Use Exemption Legal Description ADULT CARE HOME/COMM Neighborhood Municipality Special District Appraisal Area R3KK CAS SAS Erik Simes (828) 250-4935 erik.simes@buncombecounty.org Deed Date:12/04/2020 Deed:5988-0908 Lot:1 Plat:0213-0077 Plat Reference 213-77 Assessment Details Land Value Building Value Features $650,000 $0 $0 Total Appraised Value Deferred Value Exempt Value Total Taxable Value $650,000 $0 $650,000 LAND INFORMATION ZONING LAND USE CODE SIZE (ADULT CARE HOME/COMM 5.82 acres NEIGHBORHOOD R3KK ASSESSED VALUE $650,000 FLOODPLAIN NO VALUE CHANGE HISTORY DATE OF VALUE EFFECTIVE TAX LAND BUILDING FEATURES NEW CHANGE YEAR REASON FOR CHANGE VALUE VALUE VALUE VALUE 2021-02-01 2021 (COMMERCIAL REAPPRAISAL NOTICE $180,200 $1,149,900 $0 $1,330,100 2021-02-05 2021 HEARING WITH DECREASE $650,000 $0 $0 $650,000 RECENT PERMIT ACTIVITY No data to display Developed for Buncombe County Assessment Property Record Search by Spatialest Data last updated: 02/25/2021 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 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: ❑ Section 10 Permit X Section 404 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): — Regular ❑ Non-404 Jurisdictional General Permit — Express ❑ Riparian Buffer Authorization X 401 Water Quality Certification ❑ 401 Water Quality Certification 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: For the record only for Corps Permit: ❑ Yes X No ❑ 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: Amarx - Valley Road 2b. County: Buncombe 2c. Nearest municipality / town: Asheville 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Pinecroft AVL LLC 3b. Deed Book and Page No. 5988-0908 3c. Responsible Party (for LLC if applicable): Kyle Gilliland 3d. Street address: 825-C MERRIMON AVE #298 3e. City, state, zip: Asheville, NC 28804 3f. Telephone no.: 3g. Fax no.: n/a 3h. Email address: Page 1 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 4. Applicant Information (if different from owner) 4a. Applicant is: X 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: Clement R. Riddle 5b. Business name (if applicable): ClearWater Environmental Consultants, Inc. 5c. Street address: 145 7th Avenue W; Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 5f. Fax no.: 5g. Email address: tyson@cwenv.com Page 2 of 10 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 975028138300000 lb. Site coordinates (in decimal degrees): Latitude: 35.645077 Longitude: -82.527503 lc. Property size: 6 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Beaverdam Creek 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 +/- 6 acre site contains a vacant adult care building that is located at the top of Valley Road. The majority of the parcel is forested. A residential gravel driveway (for a house off -site) is located in the eastern half of the site. Land use within the project vicinity is a mixture of commercial, residential, and institutional properties. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 190 3d. Explain the purpose of the proposed project: The purpose of the project is to widen the existing stream crossing to provide direct access to the site and install a sidewalk along Pinecroft Road. 3e. Describe the overall project in detail, including the type of equipment to be used: See Additional Information following the PCN form. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / (includingall priorphases)in the past? project � ❑ Yes X No ❑ Unknown Comments: A PJD request is included in Appendix A 4b. If the Corps made the jurisdictional determination, what type of determination was made? Preliminary Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Clearwater Environmental Other: Consultants, Inc. 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? Yes ❑ No X Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections ❑ Wetlands were completed below for your project (check all that apply): ❑ Buffers ❑ Open Waters ❑ Pond Construction X Streams — tributaries 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary (T) 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 - Choose one Choose one Yes/No - W2 - Choose one Choose one Yes/No - W3 - Choose one Choose one Yes/No - W4 - Choose one Choose one Yes/No - W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. Stream impact number Permanent (P) or Temporary (T) 3b. Type of impact 3c. Stream name 3d. Perennial (PER) or intermittent (INT)? 3e. Type of jurisdiction 3f. Average stream width (feet) 3g. Impact length (linear feet) S1 P Culvert UT to Beaverdam Creek PER Corps 3.6 28 S2 P Culvert UT to Beaverdam Creek PER Corps 3.6 149 S3 - Choose one - - S4 - Choose one - - S5 - Choose one - - S6 - Choose one - - 3h. Total stream and tributary impacts 177 3i. Comments: S1 involves 0.014 acres of stream bed and S2 involves 0.004 acres of stream bed. Page 4 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 - Choose one Choose O2 - Choose one Choose 03 - Choose one Choose 04 - Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 - Yes/No B2 - Yes/No B3 - Yes/No B4 - Yes/No B5 - Yes/No B6 - Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 D. Impact Justification and Mitigation 1. Avoidance and Minimization la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. A two lane paved road is required for access to the residential development. Impact S1 is limited to the minimum width needed for a two lane road and will occur where the existing stream crossing is located, reducing the net loss of stream. The City of Asheville is requiring a sidewalk to be installed along Pinecroft Road, from the south side of the access road to the southern extent of the parcel. To accommodate the City's request, the stream must be placed in a culvert and the sidewalk built on top. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Additional Information following the PCN form. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? No ❑ Yes X 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps 2c. If yes, which mitigation option will be used for this project? ❑ Mitigation bank ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Type: Choose one Type: Choose one Quantity: Quantity: Quantity: 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 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 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ❑ No lb. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 28 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: The proposed project is subject to review and approval by Buncombe County. Buncombe County is a delegated authority for the review and approval of Stormwater Management Plans. Documentation of approval can be forwarded if requested. 2e. Who will be responsible for the review of the Stormwater Management Plan? Buncombe County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Buncombe County 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): X Phase II NSW MP ❑ ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been attached? ❑Yes X No 4. DWQ Stormwater Program Review 4a. Which of the following state -implemented stormwater management programs apply (check all that apply): ❑Coastal counties ❑HQW ❑ORW ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been attached? ❑ Yes ❑ No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? ❑ Yes X No 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? ❑Yes ❑ No lc. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) Comments: ❑ Yes ❑ No 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? ❑Yes X No 2b. Is this an after -the -fact permit application? ❑Yes X No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes X No 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed project will only involve development of the subject parcel and will not result in additional development that could impact 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. Wastewater generated from the proposed project will enter the municipal sewer system. An existing connection to the municipal sewer system is located along Pinecroft Road, adjacent to the property. Page 9 of 10 PCN Form — Version 1.4 January 2009 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat? ❑ Yes X No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts? ❑ Yes X No 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Additional Information following the PCN Form. 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? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 2/25/2021 at https://www.habitat.noaa.gov/protection/efh/efhmapper/. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? ❑ Yes X No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? See Additional Information following PCN form. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA's National Flood Hazard Layer Viewer; FIRM Panel: 3700975000J (Eff. 1/6/2010). See Figure 7. R. Clement Riddle Applicant/Agent's Printed Name r DocuSigned by: 2• CAC;24At. `-0A79F7DC85EE4F7... 4/29/2021 Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 10 of 10 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 PCN Form Additional Information Section 8.3e Project Description - Details Existing access to the site is limited to a one lane road at the end of Valley Road, through the parking lot of the Accordius Health nursing home. The new residential development will utilize an existing stream crossing on the east side of the site for a new access road. The existing stream crossing is currently a gravel driveway that leads off -site. This project proposes a wider culvert to allow for a paved, two lane access road to the upland residential development. The proposed access road from Pinecroft Road will avoid residential traffic being directed through the Accordius Health parking lot. The City of Asheville is requiring a sidewalk to be installed from the proposed access road to the southern edge of the parcel along Pinecroft Road. To install a sidewalk adjacent to the road, the stream must be put into a culvert. Typical earth -moving equipment will be used (i.e. backhoe, etc.). A request for Preliminary Jurisdictional Determination is included in Appendix A. Section D.1b Avoidance and Minimization — Construction Techniques All construction equipment would be operated from high ground. Appropriate erosion and sediment controls will be utilized on site to avoid unintended impacts to downstream waters. The majority of the culvert installation will be conducted in the dry. Details for the pump around system are included on Figure 6.3 and 6.4. Because the proposed culvert will be connected to an existing culvert, the last portion of culvert will need to be installed in the wet. Section F.5d Endangered Species and Designated Critical Habitat — Sources CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Buncombe County. Buncombe County is not listed as having known occurrences of hibernation or maternity sites. It is the opinion of CEC that the project would have "no effect" on the northern long-eared bat. A review of the NC Natural Heritage Program database on February 25, 2021 did not indicate any documented occurrences of federally protected species within a one -mile radius of the project boundary. See Appendix C. Section F.7b. Historic or Prehistoric Cultural Resources — Sources The nearest historic site is approximately 1000 feet southeast of the project site and is listed on the National Register of Historic Places (Site ID: BN0623: Rice -Cornell -Brown House; Status: NR). The proposed project is not likely to be within the viewshed of Rice -Cornell -Brown House. The next two nearest potential historic sites are between 0.25 and 0.33 miles from the project site. The two sites are Site ID: BN0688: J. R. Stradley House (Status: SO) and Site ID: BN0698: Swain -Lane House (Status: SO). Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed 2/25/2021. DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Amarx - Valley Rd (+1- 6 AC) Buncombe County, North Carolina CLearWaker 145 7th Avenue W; Suite B Hendersonville, NC 28792 Vicinity Map Figure 1 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Amarx - Valley Rd (+1- 6 AC) Drawn by: TJK 1.11.20; CEC Project# 1163 Buncombe County, North Carolina CLearWaker 145 7th Avenue W; Suite B Hendersonville, NC 28792 USGS Topographic Map 7.5 Minute Quad: Weaverville Figure 2 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Amarx - Valley Rd (+1- 6 AC) Drawn by: TJK 1.11.20; CEC Project# 1163 Buncombe County, North Carolina CLearWaker 145 7th Avenue W; Suite B Hendersonville, NC 28792 Project Boundary Field Map DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Amarx - Valley Rd (+1- 6 AC) i ! Project Boundary Soil Units CuC: Clifton -Urban land complex, 8-15% slopes CuD: Clifton -Urban land complex, 15-30% slopes TmC: Tate -Urban land complex, 8-15% slopes UhE: Udorthents-Urban land complex, 2- 50% slopes Drawn by: TJK 1.11 20; CEC Project# 1163 Buncombe County, North Carolina CLearWaker 145 7th Avenue W; Suite B Hendersonville, NC 28792 N Project Boundary USDA Soils Map NRCS Web Soil Survey Figure 4 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Amarx - Valley Rd (+1- 6 AC) Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Parcel Boundary - Buncombe County GIS; Contours - NC OneMap ! Project Boundary Stream - Perennial Culvert Contours - 4ft * Data Form • Drawn by: TJK,1.15.20; CEC Project# 1163 Buncombe County, North Carolina Project Boundary 0 Potential Non -wetland Waters of the US SA - 190 LF (.019 Ac) 100 N DP-U PL Potentially Juris dictional Waters of the US Stream Wetland Linear Acres Feet (stream bed) SA 190 0.019 Acres Total 190 0.019 Total 0.000 200 CLearWaker 145 7th Avenue W; Suite B Hendersonville, NC 28792 400 Feet Wetland & Stream Delineation Delineated Janurary 14, 2021 Figure 5 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 - ZONING : R54 / / PIN: 9750-18-4870 KAREN G. NOEL D.B. 4019, PG. 568 ZONING : R54 9750-18-6290 IT BARNHARD EGAN BEEBE 4699, PG. 338 3NING : RS4 Y18-6290 SHELLEY SHELLEY 7, PG. 441 3u : RS4 IMEU'r [NATES I '.ZONING: RM16° //I PIN: 5750- ASHEVILLE TWO PROPCO LLC ' B. 5113, PG. 806 / ' ING : NOT ZONES' ,- 1 LT CARES E I JUDY K. BOOTH D.B. 1292, PG. 477 ZONING: RM16 PIN: 9750-21 MAI YAO F D.B. 4566, P( I ZONING: R 5 83°22'48" E 673.30'•"prr ROAD CROSSING EXISTING CULVERT: 31 LF PROPOSED CULVERT: 56 LF PERMANENT STREAM IMPACT S1: 156 SQFT OR 0.0036 AC (28 LF) CULVERT - ACCESS ROAD PERMANENT STREAM IMPACT S2: 627 SQFT OR 0.0144 AC (149 LF) CULVERT - PUBLIC SIDEWALK SIDEWALK: PROPOSED 163 LF 72" CULVERT PIN: 9750-28-1' ASHLEY LEE JASON LEE D.8. 5113_ PG. 806 M 9750-28-487 HELLY PEREA 3. 5231, PG. 341 ZONING:•.4 PROPOSED PUBLIC SEWER CONNECTION r 0 100' 200' 300' SCALE: 1 "=100' N 1 W s PRELIMINARY, NOT FOR CONSTRUCTION BROOKS ENGINEERING ASSOCIATES AMARX BEAVERDAM Figure 6.1 - SITE PLAN DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 40' 80' 120' SCALE: ■ 1"=40' PROPOSED SIDEWALK SIDEWALK: PROPOSED 163 LF 72" CULVERT C JLOT I PERMANENT STREAM IMPACT S2: 627 SQFT OR 0.0144 AC (149 LF) CULVERT - PUBLIC SIDEWALK J`sue •�5Q I INV OUT: 2250.0' Up Invert INV IN: 2255.0' ROAD CROSSING EXISTING CULVERT: 31 LF PROPOSED CULVERT: 56 LF To be Removed To be Added Net impacts PERMANENT STREAM IMPACT S1: 156 SQFT OR 0.0036 AC (28 LF) CULVERT - ACCESS ROAD Down Invert Pipe Size Pipe Length (inches) Material (feet) Addition of 190 linear feet of pipe PROPOSED 72" HDPE PIPE ± 4" BASE FLOW FILL PIPE WITH STREAM BED MATERIAL TO EXISTING STREAM BED ELEVATION —12" NOT TO SCALE Summary of Impacts: Permanent Stream Impact Si: 0.0036 Ac / 28 LF Permanent Stream Impact S2: 0.0144 Ac / 149 LF Total: 0.018 Ac / 177 LF PRELIMINARY, NOT FOR CONSTRUCTION AMARX BEAVERDAM ENGINEERING ASSOCIATES Figure 6.2' - STREAM IMPACTS DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 approved dewatering device stream diversion pumps I discharge hoses P �_ pdewatering pump — intake hose 116 fll t A flow ! i 1` flow --- • intake hose sediment dike t� clean water dike * ,' hole sum . —or pool (12" to 118" deep discharge work area 2' dia_) pumps should length not to exceed onto a stable velocity that which can be dissipator made of rip rap completed in one day or sandbags STREAM DE -WATERING DETAIL NO WORK SHALL BE PERFORMED DURING ELEVATED STREAM BASE FLOWS PRELIMINARY, NOT FOR CONSTRUCTION ���- 7f�, 113100KS ENGINEERING ASSOCIATES AMARX BEAVERDAM Figure 6.3 - PROPOSED PUMP AROUND SYSTEM DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 2" MIN 2' X 2" X 36° WOODEN STAKES PLACED 5' 0 C INSTALL 601b OF SAND BAGS ON TOP OF OUTLET SECTION NTS MAXRVIUh1 DEPTH OF CONTAMINATED WATER IS 50% OF CONCRETE WASHOUT HEIGHT cr) 2" X 2" X 36" WOODEN STAKES PLACED 5' O.C. Jr' PLAN 18" DIAMETER FILTREXX S SOXXT" (ALSO AVAILABLE IN 8", 12" AND 24" DIAMETERS) PUMP CONTAMINATED WATER INTO WASHOUT 18" DIAMETER FILTREXX] SOXX"" NOTES? 1. INSTALL ON FLAT GRADE FOR OPTIMUM PERFORMANCE 2. WASHOUT MAY BE STACKED IN A PYRAMIDAL I CONFIGURATION FOR ADDED HEIGHT AND STABILITY 3. WASHOUT MAY BE DIRECT SEEDED AT THE TIME OF INSTALLATION CONSTRUCTION SEQUENCE: ALL WORK TO BE PERFORMED IN THE DRY USING PUMP AROUND SYSTEM SHOWN ALL WORK MUST BE PERFORMED ONLY AFTER 401/404 PERMIT HAS BEEN OBTAINED AND IN ACCORDANCE OF ALL CONDITIONS. 1. INSTALL FILTREX FILTER RING 2. INSTALL PUMP AROUND AND DEWATERING PUMP, DO NOT TURN ON 3. INSTALL ALL REQUIRED PUMPING PIPING 4. INSTALL UPSTREAM AND DOWNSTREAM DIKES AND BEGIN DEWATERING 5. ONCE TRENCH IS DRY, REMOVE EXISTING CULVERT (IF PRESENT) AND INSTALL NEW ONE 6. RE -STABILIZE BANK IF NECESSARY. USE BIO-DEGRADABLE EXCELSOIR CURLEX III 100% SEED FREE ASPEN FIBERS. 7. REMOVE ANY COLLECTED SEDIMENT IN TRENCH OR FILTREXX FILTER RING 8. REMOVING PUMPS AND PIPING EQUIPMENT 9. REMOVE DIKES 10. APPLY WETLAND SEED MIX TO ANY DISTURBED AREAS FILTREXX TRENCH WATER DE -WATERING BASIN DETAIL PRELIMINARY, NOT FOR CONSTRUCTION BROOKS ENGINEERING ASSOCIATES AMARX BEAVERDAM Figure 6.4 - PROPOSED PUMP AROUND SYSTEM DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Amarx - Valley Rd (+1- 6 AC) Project Boundary ! Project Boundary FEMA Flood Zones 500-Year Flood plain 100-Year Flood plain Floodway Drawn by: TJK 2.25.21; CEC Project# 1163 N Buncombe County, North Carolina CLearWaker 145 7th Avenue W; Suite B Hendersonville, NC 28792 FEMA Flood Zones Map FIRM Panel: 3700975000J (eff. 1/6/2010) Figure 7 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Appendix A: Preliminary Jurisdictional Determination Request DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Jurisdictional Determination Request US Army Corps of Engineers Wilmington Dstrict This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http: //www. saw. usace. army. mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 502 Beaverdam Road City, State: Asheville, North Carolina County: Buncombe Parcel Index Number(s) (PIN): 975028138300000 B. REQUESTOR INFORMATION Name: ClearWater Environmental Consultants Mailing Address: 145 7th Avenue W; Suite B Telephone Number: Electronic Mail Address: Select one: Hendersonville, NC 28792 828-698-9800 tyson@cwenv.com I am the current property owner. I am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION2 Name: See Attached Agent Authorization Mailing Address: Telephone Number: Electronic Mail Address: See Attached Agent Authorization See Attached Agent Authorization See Attached Agent Authorization See Attached Agent Authorization ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: ❑ Owner 2 Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) El I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ❑ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ❑✓ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my peil lit application and the JD is to be used in the peiiuitting process. ❑ I intend to construct/develop a project or perfoilu activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: E 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS n Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area +/- 6 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS ❑✓ ❑✓ Project Coordinates (Decimal Degrees): Latitude: 35.645077 Longitude: -82.527503 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. n Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- P ro gram/Juri s dictio n/ Version: May 2017 Page 5 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' ✓❑ ❑ Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf ' Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: February 26, 2021 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization Form C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Buncombe CO. City: Asheville Center coordinates of site (lat/long in degree decimal format): Lat.: 35.645077 Long.: -82.527503 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Beaverdam Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) SA 35.645396 -82.526246 190 LF (0.019 Ac) Non -wetland Section 404 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: • Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map:Vicinity, USGS Topo, Aerial, USDA Soil, Wetland/Stream Delineation, FEMA O Data sheets prepared/submitted by or on behalf of the PJD requestor. n Office concurs with data sheets/delineation report. n Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. • U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale Topo Quad: Weaverville ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ■❑ FEMA/FIRM maps: FIRM Panel: 3700975000J (eff. 1/6/2010) ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) • Photographs: • Aerial (Name & Date): NCGGIA 2019 or • Other (Name & Date): Photolog (CEC 1/14/2021) n Previous determination(s). File no. and date of response letter: n Other information (please specify): Property Data IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD DocuSigned by: 2. UcMc i 1;Mc.. 4/29/2021 L 0A79F7DC85EE4F7... Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Waters_Name SA NORTH CAROLINA Cowardin_Code I NWPR_Determine_Code Linear 190 FOOT PJD404 35.64539600 -82.52624600 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 U.S. Army Corps of Engineers WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R OMB Control #: 0710-xxxx, Exp: Pending Requirement Control Symbol EXEMPT: (Authority: AR 335-15, paragraph 5-2a) Project/Site: Amarx - Valley Road Applicant/Owner: Amarx City/County: Asheville/ Buncombe Investigator(s): T. Kurtz & B. Yant Landform (hillside, terrace, etc.): valley Subregion (LRR or MLRA): LRR N, MLRA 130E Lat: 35.645112 Section, Township, Range: Sampling Date: 1/14/2021 State: NC Sampling Point: DP-UPL Local relief (concave, convex, none): concave Slope (%): 5 Soil Map Unit Name: TmC: Tate -Urban land complex, 8-15% slopes Long: -82.526508 Datum: NAD83 Are climatic / hydrologic conditions on the site typical for this time of year? NWI classification: n/a Yes X No (If no, explain in Remarks.) Are Vegetation , Soil , or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Hydric Soil Present? Yes No X Wetland Hydrology Present? Yes No X Is the Sampled Area within a Wetland? Yes No X Remarks: Data point was taken in an mature upland forest, dominated by English Ivy. The Anticedent Precipitation Tool resulted in "normal" conditions during the date of delineation. HYDROLOGY Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Secondary Indicators (minimum of two required) Surface Soil Cracks (B6) Surface (B8) (C2) Imagery (C9) (D1) (D4) _ Water (A1) Aquatic Plants (B14) Vegetated Concave _Surface _True _Sparsely High Water Table (A2) Hydrogen Sulfide Odor (C1) Drainage Patterns (B10) _ _ _ Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) _ _ _ Marks (B1) n/a Presence of Reduced Iron (C4) -Season Water Table _Water _Dry Deposits (B2) Iron Reduction in Tilled Soils (C6) Burrows (C8) _Sediment _Recent _Crayfish Drift Deposits (B3) Muck Surface (C7) Saturation Visible on Aerial _ _Thin _ Mat or Crust (B4) (Explain in Remarks) or Stressed Plants _Algal _Other _Stunted Iron Deposits (B5) Geomorphic Position (D2) _ _ Inundation Visible on Aerial Imagery (B7) Shallow Aquitard (D3) _ _ Water -Stained Leaves (B9) Microtopographic Relief _ _ Aquatic Fauna (B13) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPL Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status 1. Pinus strobus 55 Yes FACU 2. Juglans nigra 5 No FACU 3. Prunus serotina 10 No FACU 4. 5. 6. 7. 70 =Total Cover 50% of total cover: 35 20% of total cover: 14 Sapling/Shrub Stratum (Plot size: 15 1. Fagus grandifolia 15 Yes FACU 2. Ligustrum sinense 20 Yes FACU 3. Carya tomentosa 5 No UPL 4. Mahonia bealei 5 No UPL 5. Fraxinus americana 3 No FACU 6. 7. 8. 9. 48 =Total Cover 50% of total cover: 24 20% of total cover: 10 Herb Stratum (Plot size: 5 1. Hedera helix 2. Lonicera japonica 3. Allium vineale 4. Liriope muscari 5. Ligustrum sinense 6. 7. 8. 9. 10. 11. 95 Yes FACU 5 3 3 5 No FACU No FACU No UPL No FACU 111 =Total Cover 50% of total cover: 56 20% of total cover: 23 Woody Vine Stratum (Plot size: 15 1. Celastrus orbiculatus 2. Hedera helix 3. 4. 5. 5 Yes FACU 10 Yes FACU 15 =Total Cover 50% of total cover: 8 20% of total cover: 3 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 0 (A) Total Number of Dominant Species Across All Strata: 6 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 0.0% (NB) Prevalence Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 0 x 2 = 0 FAC species 0 x 3 = 0 FACU species 231 x 4 = 924 UPL species 13 x 5 = 65 Column Totals: 244 (A) 989 (B) Prevalence Index = B/A = 4.05 Hydrophytic Vegetation Indicators: 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% 3 - Prevalence Index is <_3.01 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation (Explain) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub - Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 SOIL Sampling Point: DP-UPL Depth (inches) Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Matrix Redox Features Color (moist) % Color (moist) % Typel Loc2 Texture 0-3 10Y R 3/3 100 3-16 10YR 4/3 100 Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Loamy/Clayey Remarks Loamy/Clayey Sandy Loam 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Histosol (A1) _ Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) _Thick Dark Surface (Al2) Sandy Mucky Mineral (S1) _ Sandy Gleyed Matrix (S4) _ Sandy Redox (S5) _ Stripped Matrix (S6) Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) _ Redox Dark Surface (F6) _ Depleted Dark Surface (F7) _ Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Red Parent Material (F21) (MLRA 127, 147, 148) Indicators for Problematic Hydric Soils3: 2 cm Muck (A10) (MLRA 147) _ Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) _ Red Parent Material (F21) (outside MLRA 127, 147, 148) _Very Shallow Dark Surface (F22) Other (Explain in Remarks) 3lndicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes No X Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 DocuSign Envelope ID: BCABFBC-BA36-4277-BD9E-DF29017145-5F 2 pitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network Jun 2020 Aug 2020 Sep 2020 Coordinates 35.645077, -82.527503 Observation Date 2021-01-14 Elevation (ft) 2303.85 Drought Index (PDSI) Severe wetness WebWIMP H2O Balance Wet Season Figure and tables made by the Antecedent Precipitation Tool Version 1.0 Written by Jason Deters U.S. Army Corps of Engineers Oct 2020 Nov 2020 Dec 2020 _ns Jan 2021 rt Feb 2021 Mar 2021 — Daily Total - 30-Day Rolling Total 30-Year Normal Range Apr 2021 May 2021 30 Days Ending 30th %ile (in) 70th %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product 2021-01-14 2.119685 4.215748 3.122047 Normal 2 3 6 2020-12-15 2.27441 3.814961 2.448819 Normal 2 2 4 2020-11-15 1.338583 3.632677 4.22441 Wet 3 1 3 Result Normal Conditions - 13 Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted L Days (Normal) Days (Antecedent) ASHEVILLE 35.5953, -82.5567 2237.861 3.81 65.989 1.966 11351 76 ASHEVILLE 2.9 N 35.6162, -82.5505 2166.011 2.377 137.839 1.397 0 14 BLACK MTN 2 W 35.6072, -82.3594 2290.026 9.797 13.824 4.544 2 0 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Appendix B: Federally Protected Species Information DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 ,-hreatened Species,Federal Species of Concern, and Candidate Species Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species, Buncombe County, North Carolina Updated: 07-17-2020 Common Name Vertebrate: Allegheny woodrat Appalachian Bewick's wren Bachman's sparrow Bald eagle Blotchside logperch Bog turtle Carolina northern flying squirrel Cerulean warbler Eastern small -footed bat Gray bat Hellbender Longhead darter Northern long-eared bat Northern saw -whet owl (Southern Appalachian population) Paddlefish Pygmy salamander Rafinesque's big -eared bat Red crossbill (Southern Appalachian) Southern Appalachian black - capped chickadee Southern water shrew Spotfin chub (=turquise shiner) Yellow -bellied sapsucker Scientific name Neotoma magister Thryomanes bewickii altus Aimophila aestivalis Haliaeetus leucocephalus Percina burtoni Glyptemys muhlenbergii Glaucomys sabrinus coloratus Dendroica cerulea Myotis leibii Myotis grisescens Cryptobranchus alleganiensis Percina macrocephala Myotis septentrionalis Aegolius acadicus pop. 1 Polyodon spathula Desmognathus wrighti Corynorhinus rafrnesquii Loxia curvirostra Poecile atricapillus practicus Sorex palustris punctulatus Erimonax monachus Sphyrapicus varius appalachiensis Federal Record Status Status FSC Current FSC Historical FSC Historical BGPA Current FSC Historical T (S/A) Current E Current FSC Current ARS Current E Current ARS Current FSC Historical T Current FSC Current FSC Historical FSC Current FSC Historical FSC Current FSC Historical FSC Current T Historical FSC Current https://www.fws.gov/raleigh/species/cntylist/buncombe.html 1/3 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Threatened Species,Federal Species of Concern, and Candidate Species (Southern Appalachian population) Invertebrate: Appalachian elktoe Alasmidonta raveneliana French Broad crayfish Cambarus reburrus Rusty -patched bumble bee Bombus affinis E FSC E Southern Tawny Crescent butterfly Phyciodes batesii maconensis FSC Spruce -fir moss spider Microhexura montivaga E Tan riffleshell Epioblasma florentina walkeri (=E. E walkeri) 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 Virginia spiraea Nonvascular Plant: a liverwort a liverwort Appalachian Pocket Moss Lichen: Rock gnome lichen Solidago spithamaea Packera millefolium 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 Current Current Historical Historical Current Historicalal and Obscure T Current FSC Current E Historical FSC Historical FSC Current FSC Current FSC Historical FSC Current FSC Current FSC Current E Current FSC Current E Current T Historical Plagiochila sharpii ARS Current Plagiochila virginica var. FSC Current caroliniana Fissidens appalachiensis ARS Historical Gymnoderma lineare E 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 "Cl" 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; 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 https://www.fws.gov/raleigh/species/cntylist/buncombe.html 2/3 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 hreatened Species,Federal Species of Concern, and Candidate Species u u .y . N �, p p p 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. https://www.fws.gov/raleigh/species/cntylist/buncombe.html 3/3 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 ■ ■■■ ■E • NC DEPARTMENT OF ■ ■. ■a NATURAL AND CULTURAL RESOURCES • ■D• February 25, 2021 ClearWater Environmental Consultants, Inc. ClearWater Environmental Consultants, Inc. 32 Clayton Street Asheville, NC 28801 RE: Amarx - Valley Road 1163 Dear ClearWater Environmental Consultants, Inc.: Roy Cooper, Governor D. Reid Wilson, Secretary Walter Clark Director, Division of land and Water Stewardship NCNHDE-14059 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, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rodney.butler@ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 4) 121 W. JONES STREET, RALEIGh 1_ NC 27603 • 1651 MAIL SERVICE CENTER. ALEIOH. NC 27699 OFC 919 707.9120 • FAX 9119.707.9121 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Taxonomic Group i Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Amarx - Valley Road Project No. 1163 February 25, 2021 NCNHDE-14059 Element Occurrences Documented Within a One -mile Radius of the Project Area EO ID cientific Name Common Name Element Accuracy Observation Occurrence Date dm Rank • Federal State Status Status MI i Global State Rank Rank Dragonfly or 33442 Calopteryx amata Superb Jewelwing Damselfly Mammal 37135 Mustela nivalis Least Weasel 2004-Pre 2007-07-19 No Natural Areas are Documented Within a One -mile Radius of the Project Area No Managed Areas are Documented Within a One -mile Radius of the Project Area H? 5-Very Low 2-High Significantly Rare Game Animal G5 S1S2 G5 S2 Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.org/help. Data query generated on February 25, 2021; source: NCNHP, Q4 January 2021. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 February 25, 2021 ❑ Project Boundary ❑ Buffered Project Boundary NCNHDE-14059: Amarx - Valley Road 1:21,099 0 0.175 0.35 0.7 mi 0 0.275 0.55 1.1 km Sources: Esn. HERE. Garmin. Inlarmap. Increment P Corp.. GERCO. USGS. FAO. NP5. NRCAN. GeaGase. IGN. Kadaster NI_ Ordnance 5urvey. Esri .Japan. METI_ Earl China {Hang Karla (c) Opers5lreeNAap cantrtutors, and the GIS User Community Page 3 of 3 DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Appendix C: Photolog DocuSign Envelope ID: BC7ABFBC-BA36-4277-BD9E-DF290F4D5F12 Photo 1. SA looking upstream from downstream end of reach. Standing at culvert. Photo 2. SA looking upstream from approximately center of the reach. From: Iaserfiche@ancdenr.gov To: Tyson Kurtz Cc: andrew.w.moore@Tncdenr.gov Subject: Pre -Filing Meeting Request Acknowledgement - Pinecroft - Beaverdam Road - 20215012 Ver 1 Date: Monday, March 08, 2021 2:47:10 PM Attachments: DWR Pre -Filing Meeting Request Form.pdf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Pinecroft - Beaverdam Road that you submitted on 3/5/2021. The ID number for that project is 20215012, Version 1. Reviewer Contact Information: Reviewer: Andrew Moore Email: andrew.w.moore@ncdenr.gov Reviewing Office: Asheville Regional Office - (828) 296-4500 You will either be contacted by staff to set up a meeting or notified by email that the 30 calendar day clock has been reached and you are allowed to submit your application. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses are not monitored.