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
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■ ■■■
■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
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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
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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
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Appendix C:
Photolog
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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.