20211077 Ver 1_401 Application_20210707

DWR
Division of Water Resources
Initial Review
Pre -Construction Notification (PCN) Form
April 11, 2020 Ver 3.1
Has this project met the requirements for acceptance in to the review process?*
6 Yes
✓ No
Is this project a public transportation project?*
CYesr No
Change Only 1 needed.
BIMS # Assigned* Version#*
20211077 1
Is a payment required for this project?*
✓ No payment required
✓ Fee received
6 Fee needed - send electronic notification
Reviewing Office *
Asheville Regional Office - [phone]
Information for Initial Review
la. Name of project:
20 South Bear Creek
la. Who is the Primary Contact?*
Jon Swaim
lb. Primary Contact Email:*
[e-mail]
Date Submitted
7/7/2021
Nearest Body of Water
Hominy Creek
Basin
French Broad
Water Classification
C
Site Coordinates
Latitude:
35.561116
A. Processing Information
What amout is owed?*
F $240.00
r $570.00
Select Project Reviewer*
Andrew Moore:eads\awmoore3
lc. Primary Contact Phone:*
[phone]
Longitude:
-82.604342
County (or Counties) where the project is located:
Buncombe
Is this a NCDMS Project
✓ Yes rr No
Is this project a public transportation project?*
✓ Yes G No
la. Type(s) of approval sought from the Corps:
l7 Section 404 Permit (wetlands, streams and waters, Clean Water Act)
n Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act)
1b. What type(s) of permit(s) do you wish to seek authorization?

I7 Nationwide Permit (NWP)
n Regional General Permit (RGP)
n Standard (IP)
lc. Has the NWP or GP number been verified by the Corps?
s Yes C- No
Nationwide Permit (NWP) Number: 14 - Linear transportation
NWP Numbers (for multiple NWPS):
Id. Type(s) of approval sought from the DWR:
fJ 401 Water Quality Certification - Regular
n Non-404 Jurisdictional General Permit
n Individual Permit
le. Is this notification solely for the record because written approval is not required?
For the record only for DWR 401 Certification:
For the record only for Corps Permit:
1f. Is this an after -the -fact permit application?*
C- Yes C No
n 401 Water Quality Certification - Express
n Riparian Buffer Authorization
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C- Yes (- No
lg. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts?
C- Yes C- No
Acceptance Letter Attachment
1h. Is the project located in any of NC's twenty coastal counties?
C Yes ( No
1j. Is the project located in a designated trout watershed?
6 Yes C No
B. Applicant Information
ld. Who is applying for the permit?
n Owner fJ Applicant (other than owner)
le. Is there an Agent/Consultant for this project?*
(' Yes r No
2. Owner Information
2a. Name(s) on recorded deed:
ASSEMBLY FKA WEST ASHEVILLE ASSEMBLY OF GOD
2b. Deed book and page no.:
1679, 0748/6027, 1767
2c. Responsible party:
Billy May, J. Michael Brown
2d.Address
Street Address
70 Weaverville Road
Address Line 2
aty State / Province / legion
Asheville North Carolina
Postal / Zip Code Country
28804-1360 United States
2e. Telephone Number: 2f. Fax Number:
[phone]
2g. Email Address:*
[e-mail]
C Yes r No
r Yes (' No
3. Applicant Information (if different from owner)

3a. Name:
Robert McIntosh
3b. Business Name:
CCP-SH Crossroads Manager, LLC
3c.Address
Street Address
1600 Camden Road
Address Line 2
(Sty State / Bovine / Region
Charlotte NC
Postal / Zip code Country
28203 USA
3d. Telephone Number: 3e. Fax Number:
[phone]
3f. Email Address:*
[e-mail]
4. Agent/Consultant (if applicable)
4a. Name:
Jon Swaim
4b. Business Name:
McGill Associates, PA
4c. Address
Street Address
1240 19th Street Lane NW
Address Line 2
aty
Hickory
Postal / Zip code
28601
4d. Telephone Number:
[phone]
4f. Email Address:*
[e-mail]
Agent Authorization Letter*
Agent Author Form-19.05302-Billy May (version 2).pdf
Crossroads Church Agent Form Signed.pdf
State / Bovine / Region
North Carolina
Country
United States
4e. Fax Number:
187.12KB
44.39KB
C. Project Information and Prior Project History
1. Project Information
1b. Subdivision name:
('rf appropriate)
20 South Bear Creek
lc. Nearest municipality/ town:
Asheville
2. Project Identification
2a. Property Identification Number:
9627-89-6780,9627-79-7125
2b. Property size:
90.5
2c. Project Address
Street Address
20 South Bear Creek Road
Address Line 2
at), State / Bovine / Region
Asheville North Carolina
Postal / Zip Code Country
28806 United States
3. Surface Waters

3a. Name of the nearest body of water to proposed project:*
Hominy Creek
3b. Water Resources Classification of nearest receiving water:*
C
3c. What river basin(s) is your project located in?*
French Broad
3d. Please provide the 12-digit HUC in which the project is located.
060101050503
4. Project Description and History
4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:*
The proposed project property is located approximately, 3.5 miles west of the City of Asheville and consists of a mix of undeveloped forested land and open fields currently used for
growing and harvesting feed hay. The northern and eastern property line is bordered by Hominy Creek (C) while the southern property line parallels Highway 26. An unnamed tributary
flows through the property from south to north and is adjoined by a large wetland area near the southern property line along Highway 26. The surrounding area consists of open and
forested undeveloped land, residential, commercial, and municipal properties.
4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?*
r Yes r No Unknown
4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR)
USGS Map.pdf 4.17MB
4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR)
Soil Map.pdf 1.59MB
4f. List the total estimated acreage of all existing wetlands on the property:
3.168
4g. List the total estimated linear feet of all existing streams on the property:
2,125.54
4h. Explain the purpose of the proposed project:*
The purpose of the proposed project is to provide 520 Multi -Family Residential Units and 140 Senior Housing Residential Units for the local community.
4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:*
Proposed development plans include a paved 24' wide private access road with a 60' right-of-way which provides access from S Bear Creek Road. The access road vdll cross the
unnamed tributary (Stream 1) to Hominy Creek, two small wetland areas (Wetland A) and two small riparian wetland areas (Wetland B). The proposed road crossing will result in approx
60LF of permanent stream impacts (Impact S1) and approx. 30LF of temporary impacts (Impacts S2, S3) as a result of culvert and headwall installation. Temporary impacts are
associated with equipment access and flow diversion/pump around to allow for in -stream work to be completed in the dry. Plans call for dual 72" culverts with precast concrete wing
walls. The culverts will be counter sunk 12" below natural stream bed to allow for low flow passage of water and aquatic life. Culvert installation will also result in permanent impacts to
approx 0.011-acres of Wetland A (W6, W7), approx. 0.007-acres of Wetland B (Impacts W2, W4) and approx. 0.004-acres of temporary impacts to Wetland B (Impacts W1, W3, W5).
All temporary impacts to streams and wetlands will be returned to original contours and elevations, and stabilized with fully biodegradable matting and a native Western NC seed mix.
See impact map, plan sheets, and notes for impact locations and details.
The remaining project development consists of paved parking areas, residential buildings, garages, retaining walls, amenity areas, wildlife trail system, sewer and water infrastructure,
and stormwater design. These development features will not result in impacts to jurisdictional areas.
Anticipated equipment to be used include trackhoes, skid steers, dump trucks, excavators, dozers, and asphalt pavers.
4j. Please upload project drawings for the proposed project.
2021-05-24_BC_EC SW Submittal.pdf 30.12MB
5. Jurisdictional Determinations
5a. Have the wetlands or streams been delineated on the property or proposed impact areas?*
r Yes
Comments:
r No C Unknown
5b. If the Corps made a jurisdictional determination, what type of determination was made?*
F Preliminary r Approved r Not Verified r Unknown r N/A
Corps AID Number:
SAW-2019-00843
5c. If 5a is yes, who delineated the jurisdictional areas?
Name (if known): Jon Swairn/Jonathan Herman
Agency/Consultant Company: McGill Associates, P.A.
Other: Delineated 5/2/19
5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR

11/13/2019
5d1. Jurisdictional determination upload
Army Corps Approved_PJD.pdf 3.09MB
6. Future Project Plans
6a. Is this a phased project?*
c Yes f No
7b. If yes, explain.
Project development plans call for the residential facilities to be constructed in two phases (See attached sheet C200). Phase I includes construction of the access road and stream
crossing. No additional impacts to jurisdictional areas are anticipated for Phase II.
Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity?
No
D. Proposed Impacts Inventory
1. Impacts Summary
la. Where are the impacts associated with your project? (check all that apply):
I7 Wetlands fJ Streams -tributaries
r Open Waters r Pond Construction
2. Wetland Impacts
r Buffers
2a. Site #* (?)
2a1 Reason (?)
2b. Impact type * (?)
2c. Type of W.*
2d. W. name *
2e. Forested *
2f. Type of
Jurisdicition * (?)
2g. Impact
area *
W1
Construction Access
T
Bottomland Hardwood Forest
W B
No
Both
0.001
(acres)
W2
Fill
P
Bottomland Hardwood Forest
W B
No
Both
0.001
(acres)
W3
Construction Access
T
Bottomland Hardwood Forest
W B
No
Both
0.002
(acres)
W4
Fill
P
Bottomland Hardwood Forest
W B
No
Both
0.006
(acres)
W5
Construction Access
T
Bottomland Hardwood Forest
W B
No
Both
0.001
(acres)
W6
Fill
P
Bottomland Hardwood Forest
W A
No
Both
0.001
(acres)
W7
Fill
P
Bottomland Hardwood Forest
W A
No
Both
0.010
(acres)
2g. Total Temporary Wetland Impact
0.004
2g. Total Wetland Impact
0.022
2g. Total Permanent Wetland Impact
0.018
2h. Comments:
Permanent wetland impacts associated with proposed access road crossing and culvert installation in Hominy Creek, Wetland A, and Wetland B.
Temporary impacts are associated with equipment access and flow diversion/pump around to allow for in -stream work to be completed in the dry.
3. Stream Impacts
3a. Reason for impact (?)
3b.lmpact type*
3c. Type of impact*
3d. S. name *
3e. Stream Type *
(?)
3f. Type of
Jurisdiction*
3g. S. width *
3h. Impact
length*
si
Road Crossing
Permanent
Culvert
UT-1 To Hominy Creek
Perennial
Both
10
Average (feet)
60
(linear feet)
S2
Road Crossing
Temporary
Excavation
UT-1 To Hominy Creek
Perennial
Both
10
Average (feet)
15
(ling feet)
S3
Road Crossing
Temporary
Excavation
UT-1 To Hominy Creek
Perennial
Both
10
Average (feet)
15
(linear feet)
3i. Total jurisdictional ditch impact in square feet:
0
3i. Total permanent stream impacts:
60
3i. Total temporary stream impacts:
30

3i. Total stream and ditch impacts:
90
3j. Comments:
Permanent stream impacts associated with proposed access road crossing/culvert installation in Hominy Creek and Wetland B. Temporary impacts are
associated with equipment access and flow diversion/pump around to allow for in -stream work to be completed in the dry.
E. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project:
Grading, lot layout, and access roads designed to avoid wetland/stream impacts as much as practical. Proposed culvert crossing designed to allow for
adequate flow during low flow conditions. Erosion control and stormwater measures designed to limit off -site sedimentation and protect jurisdictional
areas. Temporarily disturbed stream and wetland areas to be returned to original conditions and stabilized with fully biodegradable matting and native
seed.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques:
Approved erosion control and stormwater management plan to be obtained prior to beginning any phase of construction. Erosion control devices will
be maintained for the duration of the development period by the responsible party. A pump around or other approved flow diversion will be utilized
during culvert installation to ensure that all work occurs in the dry. Construction will be limited during rain events or high flow conditions.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State?
✓ Yes
6 No
2b. If this project DOES NOT require Compensatory Mitigation, explain why:
No compensatory mitigation will be required for the proposed project. Impact totals fall below mitigation thresholds for a Nationwide 14.
F. Stormwater Management and Diffuse Flow Plan (required by DWR) L)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules?
✓ Yes f• No
If no, explain why:
No riparian buffer rules associated with French Broad River watershed.
2. Stormwater Management Plan
2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?*
✓ Yes F No
2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)?
✓ Yes f No
2c. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state -approved local government stormwater
program?
✓ Yes G No
✓ WA - project disturbs < 1 acre
3. Stormwater Requirements
3a. Select whether a completed stormwater management plan (SMP) is included for review and approval or if calculations are provided to document the project will not cause
degradation of downstream surface waters.*
6 Stormwater Management C Antidegradation
Plan Calculations
3b. Stormwater Management Plan
Application for SW Permit (signed).pdf 259.03KB
3c. Antidegradation Calculations:
2021-05-24_EC SW Calcbook_combined.pdf 8.92MB
Comments:
Stormwater management plan (SMP) submitted to Buncombe County's Stormwater Management Program. SMP approval will be acquired prior to construction.
G. Supplementary Information
1. Environmental Documentation
la. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?*

• Yes 6' No
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)?*
✓ Yes a No
3. Cumulative Impacts (DWR Requirement)
3a. Will this project result in additional development, which could impact nearby downstream water quality?*
✓ Yes a No
3b. If you answered "no," provide a short narrative description.
No additional development anticipated as a result of the proposed project.
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project?*
✓ Yes a No r N/A
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 f No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?*
✓ Yes ( No
5d. Is another Federal agency involved?*
✓ Yes
5e. Is this a DOT project located within Division's 1-8?
✓ Yes ('No
G No ( Unknown
5f. Will you cut any trees in order to conduct the work in waters of the U.S.?
✓ Yes G No
5g. Does this project involve bridge maintenance or removal?
✓ Yes ('No
5h. Does this project involve the construction/installation of a wind turbine(s)?"
✓ Yes G No
5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.?
✓ Yes r No
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat?
https://ecos.fws.gov/ipac/
https://www.ncnhp.org/
A threatened and endangered species survey was completed by McGill Associates environmental specialists during site visits. No species occurrence
or critical habitat observed during site visits.
Consultation Documentation Upload
NCNHP.pdf
IPAC.pdf
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as an Essential Fish Habitat?*
✓ Yes f No
1.1 MB
755.89KB
6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?*
https://wwn.fisheries. noaa.gov/resource/map/essential-fish-habitat-mapper
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?*
✓ Yes GNo
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?*
https://ncshpo.org/
7c. Historic or Prehistoric Information Upload
NCSHPO Map.pdf 421.68KB

8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?*
G Yes No
8b. If yes, explain how project meets FEMA requirements:
Appropriate floodplain permits will be obtained through the City of Asheville Development Services Department or Buncombe County Floodplain
Development prior to any construction within the floodplain.
8c. What source(s) did you use to make the floodplain determination?*
https://fris.nc.gov/fris/Home.aspx?ST=NC
Miscellaneous
Comments
DWR pre -filing request form attached.
Miscellaneous attachments not previously requested.
Impacts Map-070721.pdf
DWR Pre -Filing Meeting Request Form.pdf
2.44MB
50.58KB
Signature
*
I7 By checking the box and signing below, I certify that:
• I have given true, accurate, and complete information on this form;
• I agree that submission of this PCN 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 PCN form.
Full Name:
Jon Swaim
Signature
Cime u S.Gsff
Date
7/7/2021

dotloop signature verification: dtlp.us/aQzE-s1 of-OwAI
mcgill
AGENT AUTHORIZATION FORM
PROJECT NAME: Catalyst Capital Partners — South Bear Creek Road Property
PROPERTY LEGAL DESCRIPTION: DB:5453 PG:0963
PARCEL ID. 9627896780
STREET ADDRESS: 20 S Bear Creek Rd
Please Print
Property Owner/Representative: Billy May
(If Representative) Title: Registered Agent
The undersigned, registered property owners of the above noted property, do hereby authorize
Jon Swaim
, of McGill Associates P.A.
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
70 Weaverville Hwy, Asheville NC 28804-1360
Telephone:
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
dotloop verified
05/13/19 2:45 PM
EDT
ITID-Z7W-F07X-F7ZZ
Authorized Signature Authorized Signature
Date: Date:
1013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607 I 828.386.1920
www.mcgillassociates.com

I A
meJi l lAgionsimorimmisim
Shaping Communities Together
AGENT AUTHORIZATION FORM
PROJECT NAME: Catalyst Capital Partners — South Bear Creek Road Property
PROPERTY LEGAL DESCRIPTION: DB:1679 PG:0748
PARCEL ID. 9627797125
STREET ADDRESS: 20 S Bear Creek Rd
Please Print
Property Owner/Representative: J. Michael Brown
(If Representative) Title: Lead Pastor
The undersigned, registered property owners of the above noted property, do hereby authorize
Jon Swaim , of McGill Associates P.A. w
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
�. } Leaj P Tbv-
Aut: orized Signature Authorized Signature
Date: kti JP Z O f Date:
1013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607 I 828.386.1920 I www.mcgillassociates.com

mcgill
Shaping Communities Together
AGENT AUTHORIZATION FORM
PROJECT NAME: Catalyst Capital Partners — South Bear Creek Road Property
PROPERTY LEGAL DESCRIPTION: DB:1679 PG:0748
PARCEL ID. 9627797125
S 1 REET ADDRESS: 20 S Bear Creek Rd
Please Print
Property Owner/Representative: J. Michael Brown
(If Representative) Title: Lead Pastor
The undersigned, registered property owners of the above noted property, do hereby authorize
Jon Swaim
(Contractor / Agent)
of McGill Associates P.A. ti
(Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or
certification and any and all standard and special conditions attached.
Property Owner's/Representative's Address (if different than property above):
Telephone: [phone]
We hereby certify the above information submitted in this application is true and accurate to the best of our
knowledge.
(At
} r.1)ae[ beoc.i,..). Lead Pprs v
Au orized Signature Authorized Signature
Date: kti j D Z O f d Date:
1013 STATE FARM ROAD, BOONE, NORTH CAROLINA 28607 I 828.386.1920 I www.mcgillassociates.com

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35° 33' 34"N
8 0. '
Soil Map —Buncombe County, North Carolina
I I I 1 1 I
354000 354100 354200 354300 354400 354500 35400
Map Scale: 1:6,510 if printed on A landscape (11" x 8.5") sheet
Meters
N 0 50 100 200 330
Feet
0 300 600 1200 1800
Map projection: Web Mercator Conerwordinates: WGS84 Edge tics: UTM Zone 17N WGS84
354700
I 1 1 1 1 1 I
354700 354800 354900 355000 355100 355200 355300
35° 33'34"N
USDA Natural Resources
II"Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/7/2019
Page 1 of 3

Soil Map —Buncombe County, North Carolina
MAP LEGEND
Area of Interest (AOI)
n Area of Interest (AOI)
Soils
0 Soil Map Unit Polygons
Soil Map Unit Lines
▪ Soil Map Unit Points
Special Point Features
0
44.1
A,
Ida
0
•
00
Blowout
Borrow Pit
Clay Spot
Closed Depression
Gravel Pit
Gravelly Spot
Landfill
Lava Flow
Marsh or swamp
Mine or Quarry
Miscellaneous Water
Perennial Water
Rock Outcrop
Saline Spot
Sandy Spot
Severely Eroded Spot
Sinkhole
Slide or Slip
Sodic Spot
Spoil Area
Stony Spot
Very Stony Spot
Wet Spot
▪ Other
r� Special Line Features
Water Features
Streams and Canals
Transportation
Rails
,-..� Interstate Highways
US Routes
Major Roads
Local Roads
Background
Aerial Photography
MAP INFORMATION
The soil surveys that comprise your AOI were mapped at
1:12,000.
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil
line placement. The maps do not show the small areas of
contrasting soils that could have been shown at a more detailed
scale.
Please rely on the bar scale on each map sheet for map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL:
Coordinate System: Web Mercator (EPSG:3857)
Maps from the Web Soil Survey are based on the Web Mercator
projection, which preserves direction and shape but distorts
distance and area. A projection that preserves area, such as the
Albers equal-area conic projection, should be used if more
accurate calculations of distance or area are required.
This product is generated from the USDA-NRCS certified data as
of the version date(s) listed below.
Soil Survey Area: Buncombe County, North Carolina
Survey Area Data: Version 15, Sep 10, 2018
Soil map units are labeled (as space allows) for map scales
1:50,000 or larger.
Date(s) aerial images were photographed: Nov 23, 2011—Nov
28, 2017
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor
shifting of map unit boundaries may be evident.
USDA Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
5/7/2019
Page 2 of 3

Soil Map —Buncombe County, North Carolina
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
BkC2
Braddock clay loam, 8 to 15
percent slopes, moderately
eroded
3.7
5.4%
BkD2
Braddock clay loam, 15 to 30
percent slopes, moderately
eroded
6.2
8.9%
CsC
Clifton sandy loam, 8 to 15
percent slopes
0.7
1.1%
CsD
Clifton sandy loam, 15 to 30
percent slopes
4.9
7.1%
EvD2
Evard-Cowee complex, 15 to
30 percent slopes,
moderately eroded
0.2
0.3%
EwC
Evard-Cowee complex, 8 to 15
percent slopes, stony
5.4
7.7%
EwD
Evard-Cowee complex, basin,
15 to 30 percent slopes,
stony
16.8
24.2%
EwE
Evard-Cowee complex, basin,
30 to 50 percent slopes,
stony
3.2
4.6%
IoA
lotla loam, 0 to 2 percent
slopes, occasionally flooded
20.7
29.8%
TsA
Toxaway loam, 0 to 2 percent
slopes, frequently flooded
2.5
3.6%
UhE
Udorthents-Urban land
complex, 2 to 50 percent
slopes
4.6
6.7%
W
Water
0.5
0.7%
Totals for Area of Interest
69.5
100.0%
USDA Natural Resources Web Soil Survey
Conservation Service National Cooperative Soil Survey
5/7/2019
Page 3 of 3

\\MCGILL-HICK-DC\USERFOLDERS$\JON\DESKTOP \IMPACTS MAP.DWG PLOT DATE 7/7/2021 4:35 PM JON SWAIM
Legend
Stream
Limits
Study
Limits
Permanent
Stream
Impact
Temporary
Stream
Impact
Permanent
Wetland
Impact
Temporary
Wetland
Impact
Wetland
Limits
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. __
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FLOOD AY (MP
IPROPOSED PERMANENT DITCH c P,
Permanent
Impact - WA-
0.011-acres
CONTROL MEASURE
PROPOSED RIP RAP APRON (MP)
co STORMWATER
ONTRMEASURE ( )
PROPOSED STURM
CONVEYANCE sys, , (T+P)
PROPOSED RETAN, WAu a
Temporary
Impact - W1 -
0.001 Acres
Permanent
Impact - W2-
0.001 Acres
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NCE WITH THE IAMST MAW
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8. TOPOGRAPHICAL INFORMAION .0. PROPOSED FROM
PHOTOGRAIMETRIC METHODS.
9. THE DEVELOPMENT SNOTTY ON THIS PLAN YELL BY MS0 SEDER AND CITY OF BE
LAYOUTS).UTILITY P FOR PRELIMINARY
WILL aE MADE BYNTHE DE OPER
FOR ELECTRICAL. TELEPHONE. CABLE. AND/OR NAMRAL
GAS SERVICE.
MANAGEMENT MAN TO BE .TAINED PRI. TO BEGINNING
ANY PHA. OF CONSTMJCT.. EROSION COMM' DEVICES
12. CONSTRUCT. WELT TO BEGIN IN THE SPRING OF 20 )
PHA. TO BE COMPLETE-0 IN APPROXIMATEL
13. SUBDIVISI. RO.S RILL NOT BE GATED. STREETLIGHTS
ARE NOT PROPO.D F. THIS PROJECT.
14. ROAD CORRIDOR HEI.T IS CONTAINED WITHIN A CM'
OF ITS TOTAL LENGTH; AND ME Cu-' riEl.T WALL
NOT EXCEED 90 FEET.
15. NO RETAINING WALLS CAM N MAN DO' TO BE PROPOSED
FOR PROJECT.
Permanent
Impact - S1-
60 L.F.
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EXIST.
Know what's below.
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NORTH
MASTER STORM DRAINAGE PLAN
GRAPHIC SCALE
nCn = 00 N.
W
20 SOUTH BEAR CREEK
DRAWN FM AMP
COL PROJECT NO.: 11925
E1C PERMIT NO. N/A
SHEET
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•
Temporary
Impact - S3 -
15 L.F.
Temporary
Impact - W5 -
0.0006 Acres
li
Permanent
Impact - W4 -
0.006 Acres
Temporary
Impact - W3 -
0.002 Acres
Impacts Table
Permanent
Stream
Impacts
60
L.F.
Temporary
Stream
Impacts
30
L.F.
Permanent
Wetland
Impacts
0.018
Acres
Temporary 0.0036
Wetland
Impacts Acres
1013 State Farm Road
iti
e i I I Boone, NC 28607
NC Firm License # C-0459
mcg i I I associ ates. co m
DATE
8/4/20
PROJECT #
20.05305
OFFICE MANAGER
MC
DESIGNER
AL
PROJECT MANAGER
MH
REVIEWER
JS
20 SOUTH BEAR CREEK ROAD DEVELOPMENT
CCP-SH CROSSROADS VANAGER, LLC
BUNCOMBE COUNTY, NORTH CAROLINA
300 0 150 300
600
GRAPHIC SCALE DIVISION VALUE = 300 FEET
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Local individual resources & centerpoints
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Local HD Center Point
Surveyed Only individual resources & centerpoints
Surveyed Only
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Surveyed in NRHD, Gone
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Blockface in NRHD
Surveyed Area, No designation
Surveyed Area in NHRD
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DOE, Gone
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DOE individual resources & centerpoints SL districts & boundaries
Determined Eligible Study List Boundary
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SL individual resources & centerpoints
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Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P,
NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri
(Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS
User Community
North Carolina State Historic Preservation Office
Buncombe County, NC, State of North Carolina DOT, Esri, HERE, Garmin, INCREMENT P, NGA, USGS I Esri, HERE

• ■■■
�� � NC DEPARTMENT OF
■ ■m■■ NATURAL AND CULTURAL RESOURCES
• ■■■
Jon Swaim
McGill Associates, PA
1013 State Farm Road
Boone, NC 28607
RE: South Bear Creek road; 1
Dear Jon Swaim:
Roy Cooper. Governor
Susi Hamilton, Secretary
Walter Clark, Director, Land and Water Stewardship
April 10, 2019
NCNHDE-8703
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or 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.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water
Management Trust Fund easement, or an occurrence of a Federally -listed species is 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 [e-mail] or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOVRCES
Q 121 W. JONES STREET. RALEIGH. NC 27603 • 16S1 MAIL SERVICE CENTER. RALEiGH. NC 27699
OFC 'M9.707.9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
South Bear Creek road
Project No. 1
April 10, 2019
NCNHDE-8703
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State
Group Observatio Occurrence Status tatus Rank Rank
=JIMILDate Rank
Freshwater Fish9028
Erimystax insignis Blotched Chub
No Natural Areas are Documented within the Project Area
No Managed Areas Documented within the Project Area
2010-05-19 E 3-Medium
Significantly G4 S2
Rare
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on April 10, 2019; source: NCNHP, Q1 Jan 2019.
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 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
South Bear Creek road
Project No. 1
April 10, 2019
NCNHDE-8703
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
Group
Bird
Butterfly
EO ID Scientific Name Common Name Element
Observation Occurrence
Date ` Rank
37908 Vermivora chrysoptera Golden -winged 2015-04-25 E
Warbler
35201 Erynnis martialis Mottled Duskywing
Dragonfly or 33442
Damselfly
Freshwater 21150
Bivalve
Freshwater Fish9028
Freshwater Fish11061
Reptile 10970
Reptile 10451
Vascular Plant 16582
Calopteryx amata Superb Jewelwing
Alasmidonta Appalachian Elktoe
raveneliana
Erimystax insignis Blotched Chub
Polyodon spathula Paddlefish
Crotalus horridus Timber Rattlesnake
Glyptemys Bog Turtle
muhlenbergii
1900-06
2004-Pre
2017-09-29
2010-05-19
Accu racy
2-High
X 5-Very
Low
H? 5-Very
Low
E 3-Medium
E 3-Medium
1983 H? 4-Low
1960 H 5-Very
Low
1978-05-15 H? 4-Low
Helianthus occidentalis Naked -stem Sunflower 1897-08-23 X 4-Low
ssp. occidentalis
Vascular Plant 17094 Lysimachia fraseri
Fraser's Loosestrife 1897-09
No Natural Areas are Documented Within a One -mile Radius of the Project Area
H 4-Low
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Na Own Owner Type
NC Clean Water Management Trust Fund Easement NC DNCR, Clean Water Management Trust State
Fund
RiverLink Conservation Easement RiverLink Private
Federal State
Status Status
Special
Concern
Significantly
Rare
Significantly
Rare
Endangered Endangered
Threatened
Similar
Appearance
Significantly
Rare
Endangered
Special
Concern
Threatened
Special
Concern
Historical
Endangered
Global State
Rank Rank
1
G4 S2S3B
G3 S2
G5 S1S2
G1 S1
G4 S2
G4 SH
G4 S3
G3 S2
G5T5 SX
G3 S3
Page 3 of 5

Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.ora/content/help. Data query generated on April 10, 2019
Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
source
NCNHP, Q1 Jan 2019.
Page 4 of 5

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Sources' Esri, HERE, Garmin, Intermap, increment P Corp.., GEBCO,, USGS,
FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan,
METI, Esri China (Hong Kong), swisstopo, © OpenStreetMap contributors, and
the GIS User Community
Page 5 of 5

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
http://www.fws.govinc-esies/countyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2020-SLI-0812
Event Code: 04EN1000-2020-E-01913
Project Name: 20 South Bear Creek Road Property
August 07, 2020
Subject: List of threatened and endangered species that may occur in your proposed project
location, and/or may be affected by your proposed project
To Whom It May Concern:
The attached species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. Although not required by
section 7, many agencies request species lists to start the informal consultation process and begin
their fulfillment of the requirements under section 7(c) of the Endangered Species Act (Act) of
1973, as amended (16 U.S.C. 1531 et seq.).
This list, along with other helpful resources, is also available on the U.S. Fish and Wildlife
Service (Service) Asheville Field Office's (AFO) website: https://www.fws.gov/raleigh/species/
cntylist/nc counties.html. The AFO website list includes "species of concern" species that could
potentially be placed on the federal list of threatened and endangered species in the future. Also
available are:
Design and Construction Recommendations
https://www.fws.gov/asheville/htmis/project review/Recommendations.html
Optimal Survey Times for Federally Listed Plants
https://www.fws.gov/nc-es/plant/plant survey.html
Northern long-eared bat Guidance
hops://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html
Predictive Habitat Model for Aquatic Species
https://www.fws.gov/asheville/htmls/Maxent/Maxent.html

08/07/2020
Event Code: 04EN1000-2020-E-01913 2
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could require modifications of these lists.
Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the Act,
the accuracy of the species lists should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the ECOS-IPaC website or the AFO website (the AFO website dates each
county list with the day of the most recent update/change) at regular intervals during project
planning and implementation for updates to species lists and information. An updated list may be
requested through the ECOS-IPaC system by completing the same process used to receive the
enclosed list or by going to the AFO website.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a Biological
Evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12 and on our office's website
at https://www.fws.gov/asheville/htmis/project review/assessment guidance.html.
If a Federal agency (or their non-federal representative) determines, based on the Biological
Assessment or Biological Evaluation, that listed species and/or designated critical habitat may be
affected by the proposed project, the agency is required to consult with the Service pursuant to
50 CFR 402. In addition, the Service recommends that candidate species, proposed species, and
proposed critical habitat be addressed within the consultation. More information on the
regulations and procedures for section 7 consultation, including the role of permit or license
applicants, can be found in the "Endangered Species Consultation Handbook" at: http://
www.fws.gov/endangered/esa-library/pdf/TOC-GLOS.PDF.
Though the bald eagle is no longer protected under the Endangered Species Act, please be aware
that bald and golden eagles are protected under the Bald and Golden Eagle Protection Act (16
U.S.C. 668 et seq.), and projects affecting these species may require additional consultation (see
hops://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should follow
the wind energy guidelines(http://www.fws.gov/windenergy/) for minimizing impacts to
migratory birds (including bald and golden eagles) and bats.
Guidance for minimizing impacts to migratory birds for projects including communications
towers (e.g., cellular, digital television, radio, and emergency broadcast) can be found at: http://
www. fws. gov/migratorybirds/CurrentBirdl ssues/Hazards/towers/towers. htm;

08/07/2020
Event Code: 04EN1000-2020-E-01913 3
http://www.towerkill.com; and http://www.fws.gov/migratorybirds/CurrentBirdlssues/Hazards/
towers/comtow.html.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Tracking Number in
the header of this letter with any request for consultation or correspondence about your project
that you submit to our office.
Attachment(s):
• Official Species List
• Migratory Birds
• Wetlands

08/07/2020
Event Code: 04EN1000-2020-E-01913 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

08/07/2020
Event Code: 04EN1000-2020-E-01913 2
Project Summary
Consultation Code: 04EN1000-2020-SLI-0812
Event Code: 04EN1000-2020-E-01913
Project Name: 20 South Bear Creek Road Property
Project Type: DEVELOPMENT
Project Description: Future Development
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/place/35.56422081606428N82.60307229615921W
Counties: Buncombe, NC

08/07/2020
Event Code: 04EN1000-2020-E-01913 3
Endangered Species Act Species
There is a total of 11 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAM L STATUS
Carolina Northern Flying Squirrel Glaucomys sabrinus coloratus Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/2657
Gray Bat Myotis grisescens
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Reptiles
NAME
Bog Turtle Clemmys muhlenbergii
Population: U.S.A. (GA, NC, SC, TN, VA)
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6962
Endangered
Threatened
STATUS
Similarity of
Appearance
(Threatened)

08/07/2020
Event Code: 04EN1000-2020-E-01913 4
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
Arachnids
NAME STATUS
Spruce -fir Moss Spider Microhexura montivaga Endangered
There is final critical habitat for this species. Your location is outside the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/4801
Flowering Plants
NAM STATUS
Blue Ridge Goldenrod Solidago spithamaea
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/5821
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Spreading Avens Geum radiatum
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6854
Virginia Spiraea Spiraea virginiana
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1728
Lichens
Threatened
Endangered
Endangered
Threatened
NAME ST
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Critical habitats
Endangered
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

08/07/2020
Event Code: 04EN1000-2020-E-01913 1
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Actl and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the USFWS
Birds of Conservation Concern (BCC) list or warrant special attention in your project location.
To learn more about the levels of concern for birds on your list and how this list is generated, see
the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that
every bird on this list will be found in your project area. To see exact locations of where birders
and the general public have sighted birds in and around your project area, visit the E-bird data
mapping tool (Tip: enter your location, desired date range and a species on your list). For
projects that occur off the Atlantic Coast, additional maps and models detailing the relative
occurrence and abundance of bird species on your list are available. Links to additional
information about Atlantic Coast birds, and other important information about your migratory
bird list, including how to properly interpret and use your migratory bird report, can be found
below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
NAME
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https://ecos.fws. gov/ecp/species/1626
Bobolink Dolichonyx oryzivorus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
BREEDING
SEASON
Breeds Sep 1 to
Aug 31
Breeds May 20
to Jul 31

08/07/2020 Event Code: 04EN1000-2020-E-01913 2
NAME
Northern Saw -whet Owl Aegolius acadicus acadicus
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
Prairie Warbler Dendroica discolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus
BREEDING
SEASON
Breeds Mar 1 to
Jul 31
Breeds May 1
to Jul 31
Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Sep 10
and Alaska.
Rusty Blackbird Euphagus carolinus
Breeds
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA elsewhere
and Alaska.
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Yellow -bellied Sapsucker sphyrapicus varius
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions
(BCRs) in the continental USA
hops://ecos.fws. gov/ecp/species/8792
Breeds May 10
to Jul 15
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee

08/07/2020 Event Code: 04EN1000-2020-E-01913
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season ( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (I)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
SPECIES
Bald Eagle
Non -BCC Vulnerable
Bobolink
BCC Rangewide (CON)
Northern Saw -whet
Owl
BCC - BCR
Prairie Warbler
BCC Rangewide (CON)
• probability of presence breeding season 1 survey effort — no data
JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Ilik III iiii iiii iiii
did hii
1' "p■ ■■■ +_
++++ ++++ ++++ ++ 11'II `,
++++ ++++ IIII I:•• i••• ••••i III
+ +++ ++++ ++++ ++1+ HIT 119� II' li■■■ ■■■
IIii ill NIL. -_ Jima
+ +�-, +�++'+++ ++++
+ +�.- +�++ ++++ ++++
++-- +--++ ++++ ++++

08/07/2020
Event Code: 04EN1000-2020-E-01913 4
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Red-headed
Woodpecker
BCC Rangewide (CON)
Rusty Blackbird
BCC Rangewide (CON)
Wood Thrush
BCC Rangewide (CON)
Yellow -bellied
Sapsucker
BCC - BCR
+ +I+ 11+1 Ilia 1 111- ++++ •+-+ ++++ ++�-- +--+I +111 ++II ++++
+ +1+ ++++ ++++ I+++ ++++ ++—+ ++++ ++---- +--++ ++++ ++++'+++
+ +++ ++++ ++++ ++++ 11+1 719 ipii 711.+-++ II++ ++++ ++++
II++ 1+1+ 1111 I+++ ++++ ++-+ ++++ ++�� +-++ III, II1+ ++++
Additional information can be found using the following links:
• Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/
birds-of-conservation-concern.php
• Measures for avoiding and minimizing impacts to birds http://www.fws.gov/birds/
management/project-assessment-tools-and-guidance/
conservation-measures.php
• Nationwide conservation measures for birds http://www.fws.gov/migratorybirds/pdf/
management/nationwidestandardconservationmeasures.pdf
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures and/or
permits may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the migratory birds potentially occurring in my specified
location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCC) and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act

08/07/2020
Event Code: 04EN1000-2020-E-01913 5
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the AKN Phenology Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets .
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering, migrating or present year-round in my
project area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab
of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of
interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your
migratory bird species list has a breeding season associated with it, if that bird does occur in your
project area, there may be nests present at some point within the timeframe specified. If "Breeds
elsewhere" is indicated, then the bird likely does not breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can

08/07/2020
Event Code: 04EN1000-2020-E-01913 6
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

08/07/2020
Event Code: 04EN1000-2020-E-01913 1
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R5UBH
• R3UBH

DWR Pre -Filing Meeting Request Form
NORTH CA:iOLINA
6nvlronmerrtal Qualify
Contact Name*
Contact Email Address*
Project Owner*
Project Name*
Project County*
Owner Address:*
Jon Swaim
[e-mail]
CCP-SH Crossroads Manager, LLC - Todd Jackovich
20 South Bear Creek
Buncombe
Street Address
1600 Camden Road
Address Line 2
City State / Rovince / Region
Charlotte NC
Fbstal / Zip Code Country
28203 USA
Is this a transportation project?* r Yes c: No
Type(s) of approval sought from the DWR:
l 401 Water Quality Certification - I— 401 Water Quality Certification -
Reg ula r Express
I— Individual Permit I— Modification
I— Shoreline Stabilization
Does this project have an existing project ID#?*
c: Yes (' No
Please list all existing project ID's associated with this projects.*
2019-00843
Do you know the name of the staff member you would like to request a meeting with?
Andrew Moore
Please give a brief project description below and include location information.*

The purpose of the proposed project is to provide 520 Multi -Family
Residential Units and 140 Senior Housing Residential Units for the
local community. Located at 20 S Bear Creek Road, Asheville, NC.
Proposed development plans include a paved 24' wide private access
road with a 60' right-of-way which provides access from S Bear Creek
Road. The access road will cross the unnamed tributary (Stream 1) to
Hominy Creek and two small riparian wetland areas (Wetland B). The
proposed road crossing will result in approx. 6OLF of permanent
stream impacts (Impact S1) and approx. 3OLF of temporary impacts
(Impacts S2, S3) as a result of culvert and headwall installation.
Temporary impacts are associated with equipment access and flow
diversion/pump around to allow for in -stream work to be completed in
the dry. Plans call for dual 72" culverts with precast concrete wing
walls. The culverts will be counter sunk 12" below natural stream bed
to allowfor low flow passage of water and aquatic life. Culvert
installation will also result in permanent impacts to approx. 0.007-
acres of Wetland B (Impacts W2, W4) and approx. 0.004-acres of
temporary impacts to Wetland B (Impacts W1, W3, W5). All temporary
impacts to streams and wetlands will be returned to original contours
and elevations, and stabilized with fully biodegradable matting and a
native Western NC seed mix.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• !also understand that DWR is not required to respond or grant the meeting request.
Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location
and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature *
a�u t,�.ereirt,
Submittal Date 6/3/2021

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2019-00843 County: Buncombe U.S.G.S. Quad: NC- Asheville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Catalyst Capital Partners
J. Michael Brown
Address: 20 S. Bear Creek Road
Asheville, NC 28806
Telephone Number: 828-254-5519
E-mail. mbrown(d,crossroadsag.org
Size (acres) 68.62 Nearest Town Asheville
Nearest Waterway French Broad River River Basin French Broad -Holston
USGS HUC 06010105 Coordinates Latitude: 35.561116
Longitude: -82.604342
Location description: The site is located at/near 20. S. Bear Creek Road, PINs 9627896780 and 9627797125, in Asheville, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 11/7/2019. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

2019-00843
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or
amanda. iones(d,usace.army.mil.
C. Basis for Determination: See the preliminary jurisdictional determination form dated 11/13/2019.
D. Remarks: None.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you
must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn. Phillip Shaman, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
FUEMMELER.AMAND FUEMMELER.AMANDA.JONE5.12
A.JONES.1242835090 42835°9°
Date: osoo
Corps Regulatory Official:
Date of JD: 11/13/2019 Expiration Date of JD: Not applicable

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Catalyst Capital Partners, J. Michael Brown File Number: 2019-00843 Date: 11/13/2019
Attached is:
See Section below
❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
❑ PROFFERED PERMIT (Standard Permit or Letter of permission)
B
❑ PERMIT DENIAL
C
❑ APPROVED JURISDICTIONAL DETERMINATION
D
/1
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION
Additional
or
I - The following identifies your rights and options regarding an administrative appeal of the above decision.
information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B:
•
•
PROFFERED PERMIT: You may accept or appeal the permit
ACCEPT: If you received a Standard Permit, you may sign the permit document and return
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and
signature on the Standard Permit or acceptance of the LOP means that you accept the permit
rights to appeal the permit, including its terms and conditions, and approved jurisdictional
permit.
APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of
you may appeal the declined permit under the Corps of Engineers Administrative Appeal
this form and sending the form to the division engineer. This form must be received by
it to the district engineer for final
your work is authorized. Your
in its entirety, and waive all
determinations associated with the
certain terms and conditions therein,
Process by completing Section II of
the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.

SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division
Attn: Amanda Jones
Asheville Regulatory Office
U.S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
If you only have questions regarding
also contact:
Mr. Phillip Shannin, Administrative
CESAD-PDO
U.S. Army Corps of Engineers,
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
the appeal process you may
Appeal Review Officer
South Atlantic Division
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
Copies Furnished:
McGill Associates, Attn: Jon Swaim (via email)

Legend
Stream
Limits
Study
Limits
Wetland
Limits
Data Point
Wetland and
Stream Table
Wetland A
Wetland B
Wetland C
3.08
Acres
0.08
Acres
0.008
Acres
1998.93
L.F.
126.61
L.F.
GRAPHIC SCALE
-300 0 150 300
1 INCH = 300 FEET
DELINEATION MAP
NOVEMBER 7, 2019
r
Wetland A
Potential Wetland Waters of the US
PROJECT #
19.05302
Wetland A
Potential Wetland Waters of the US
WA -OUT
UT-1 Hominy Creek
Potential Non -wetland Waters of the US
WA -I N
Wetland C
Potential Wetland Waters
of the US
Wetland B
Potential Wetland Waters
of the US
WB-OUT
WB-IN
Wetland B
Potential Wetland Waters
of the US
Wetland A
Potential Wetland Waters of the US
CATALYST CAPITAL PARTNERS - SOUTH BEAR CREEK ROAD
DEVELOPMENT
ASHEVILLE, NC
BUNCOMBE COUNTY,
NORTH CAROLINA
Hominy Creek
Potential Non -wetland Waters of the US
Study Limits
WC -OUT
UT-2 Hominy Creek
Potential Non -wetland Waters of the US
JURISDICTIONAL WETLANDS AND WATERS IDENTIFIED ON THIS MAP HAVE BEEN LOCATED WITHIN SUB -METER
ACCURACY UTILIZING A THALES MAPPING GRADE GLOBAL POSITIONAING 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 MCGILL ASSOCIATES, P.A. (MCGILL) IS
CONFIDENT IN OUR ASSESSMENT, THE US ARMY CORPS OF ENGINEERS IS THE ONLY AGENCY THAT CAN MAKE FINAL
DECISIONS REGARDING JURISDICTIONAL WETLAND AND WATERS OF THE US DELINEATIONS.
THIS MAP WAS PREPARED BY MCGILL USING THE BEST INFORMATION AVAILABLE TO MCGILL 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: BUNCOMBE COUNTY GIS.
McGill
ASSOCIATES
ENGINEERING PLANNING - FINANCE
1013 STATE FARM ROAD BOONE, NC 28607 PH. [phone]

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 11/13/19
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jon Swaim, McGill Associates P.A., 1013 State Farm Road, Boone, NC 28607
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CEDAW-RG-A / Catalyst Capital
Partners / AID 2019-00843
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 City: Asheville
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.562813 Long.: -82.603988
Universal Transverse Mercator: 354636.50, 3936643.35
Name of nearest waterbody: Hominy Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑■ Field Determination. Date(s): 06/02/19
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)
UT-, Hominy Creek
35.562985
-82.604678
1998.93 L.F
non -wetland
404
UT -2 Hominy Creek
35.563192
-82.601678
126.61 L.F
non -wetland
404
Wetland A
35.561116
-82.605190
3.08 Acres
wetland
404
Wetland B
35.561212
-82.604342
0.08 Acres
wetland
404
Wetland C
35.562711
-82.601246
0.008 Acres
wetland
404

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:
0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:LOCATION, SOIL, USGS, DELINEATION
❑j Data sheets prepared/submitted by or on behalf of the PJD requestor.
X Office concurs with data sheets/delineation report.
LJ 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: Asheville, 1 "= 1,000'
❑■ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
• FEMA/FIRM rnaps: SEE DELINEATION MAP
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑■ Aerial (Name & Date): 1-1-2015
or ■❑ Other (Name & Date): 5-1-2019 and 5-2-2019
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later iurisdicticnal
determinations.
FU EMMELER.AMAN Digitally signed by
DA.J O N ES.1242835 42835090FUEMMELER.AMANDA.JONE5.12
090 Date: 2019.11.13 11:00:28 -05'00'
Signature and date of
Regulatory staff member
completing PJD
Signatu and datof
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
t 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.

COUNTY OF BUNCOMBE
Planning and Development
46 Valley Street
Asheville, NC 28801
[phone]
APPLICATION FOR STORMWATER PERMIT
Financial Responsibility / Ownership Form
FOR OFFICE USE ONLY
Review Fee:
Permit No.:
Date Issued:
Date Paid
Check No.:
Reid Hy
INSTRUCTIONS: All sections must be completed. Please type or print information. Section 4 must be completed in the presence of a Notary
Public. (3 Originals must be submitted)
1)
Project Name: 20 SOUTH BEAR CREEK
Project Location: Highway/ Street 2050UTH BEAR CREEK RD, ASHEVILLE, NC Latitude 35334 Longitude -62362
Property Identification No. (PIN): %2749-6760
Purpose of development (residential / commercial) RESIDENTIAL
Total Area Disturbed 33.00 acres(s).
Total Acres of Site 55.4 AC.
Amount of fee enclosed: s17325.00
2) Division 5 section 1(a) of the Stormwater Management Ordinance "The developer/applicant and or property owner must maintain
stormwater improvements until accepted by a property owners association or lot owner" The undersigned states that he/she is the
applicant/developer and/or property owner and is financially responsible for installation, operation and maintenance of the stormwater
controls until ownership is conveyed and acknowledges receipt of a copy of the County of Buncombe Stormwater Management
Ordinance and that he/she has thereby been advised of the requirements therein as well as the penalties and resources available to the
County in the event of violation of the Ordinance.
Name of Business: CROSSROADS COMMUNITY, LLC
Name of Applicant: TODDJACROVLCH Date:
Mailing Address: 330 FRANKLIN ROAD, SUITE 135A-591, BRENTWOO➢, TN 37027
Street address:
E-mail address:
Telephone 274935 el+f Fax no:
Signature:
SAME
TODDQSTONEHENGEREG.COM
3) Landowner(s) of Record:
Name: CROSSROADS COMMUNRY,LLC
Mailing Address: 330 FRANKLIN ROAD, SUITE 135A-591, BRENTWOOD, TN 37027
Recorded in Deed Book No. 5453 Page : 963
4) The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. (If the
financially responsible person is an individual, this form must be signed by the individual or his attomey-in-fact; if the financially
responsible person is not an individual, this form must be signed by an officer, director, partner, or registered agent with authority to
execute instruments for the financially responsible person.) '°I1I I i
Date: , Z/2-
Name:
Title:
Signatur
CH
NN
%- 'Terri 4',
o
I, TL11. / t ki Li i �.[ S , a Notary Public for the County of W ./3(i t G. m *2
��
"re
Stateof /l(3.efjS.C.a,('
P _ ,herebycertifythat Todd 3!! LGh
—
appeared before me this day and under oath acknowledged that the above form was voluntarily executed by him wrbest of his knowledge and belief.
Witness my hand and seal, this 1Z day of
No
My Commission Expires
,202.
‚4;
§' .•''�► n COunt1``rr
•
4'�A,./1 ! 1I 1111111:3
eS 'June 20, 202
The County of Buncombe does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its
programs or activities. Requests for appropriate auxiliary aids and services, when necessary to offer a person with a disability an equal
opportunity to participate in or enjoy the benefits of County services, programs, or activities, may be made by contacting Buncombe County
Planning and Development, (828) 2504830. Buncombe County's TDD number is [phone].

COUNTY OF BUNCOMBE
Planning and Development
46 Valley Street
Asheville, NC 28801
[phone]
APPLICATION FOR STORMWATER PERMIT
Financial Responsibility / Ownership Form
FOR OFFICE USE ONLY
Review Fee'
Permit No:
Date Issued:
Date Paid:
Check No.:
Rec'd By
INSTRUCTIONS: All sections must be completed. Please type or print information. Section 4 must be completed in the presence of a Notary
Public. (3 Originals must be submitted)
1) Project Name: 20 s0ln0 BEAR CREEK
Project Location: Highway/ Street 20 SOUTH BEAR CREEK RD, ASHEVILLE, NC
Property Identification No. (PIN): %27-89-67e0
Purpose of development (residential / commercial) RESIDENTIAL
Total Area Disturbed 33.00 _acres(s).
Total Acres of Site 55.AAC.
Amount of fee enclosed: s17,325.00
Latitude 35.334 Longitude -82362
2) Division 5 section 1(a) of the Stormwater Management Ordinance "The developer/applicant and or property owner must maintain
stormwater improvements until accepted by a property owners association or lot owner" The undersigned states that he/she is the
applicant/developer and/or property owner and is financially responsible for installation, operation and maintenance of the stormwater
controls until ownership is conveyed and acknowledges receipt of a copy of the County of Buncombe Stormwater Management
Ordinance and that he/she has thereby been advised of the requirements therein as well as the penalties and resources available to the
County in the event of violation of the Ordinance.
Name of Business: CROSSROADS COMMUNITY. LLC
Name of Applicant: TODDIACKOVICB
Mailing Address: 330 FRANKLIN ROAD, SUITE 135A-591, BRENT WOOD, TN 37027
Street address:
E-mail address:
Telephone
Signature.
SAME
Date:
[e-mail]
3) Landowner(s) of Record:
Name: CROSSROADS COMMUNITY, LLC
Ma113ng Address: 330 FRANKLIN ROAD. SUITFI35A-591. BRENTWOOD, TN 37027
Recorded in Dccd Book No. 5453 Page : 963
4) The above information is true and correct to the best of my knowledge and belief and was provided by me while under oath. (If the
financially responsible person is an individual, this form must be signed by the individual or his attomey-in-fact; if the financially
responsible person is not an individual, this form must be signed by an officer, director, partner, or registered agent with authority to
execute instruments for the financially responsible person.)
Name: TODD IACKOVICH
Title:
Signature:
Date: 4/1 Z 12 i
1 7 i ✓ t V A. -Ft 4 G,., a Notary Public for the County of LI) I ! 1 t a MS ❑ A��, 11 ! (ill /��• /'
State of [ h Ylt 5 S•C1—. , hereby certify that Tb a of .-sCa c 1.4 A 0 i C-ice— `�� dinIllL. a a f d, a%
appeared before me this day and under oath acknowledged that the above form was voluntarily executed by hiltan •C 5rrect to flia• (O
best of his knowledge and belief. ((jj S. : . State % ; �.
44
of
Witness my hand and seal, this 1,2 day of .S�t , 20 2 /. '• Tennessee
No
CA4.141s v!4...-C) ,. Notary r
S.
•� �j •• ,,Public •; : ��:
a•' S f s ...., �`, I,
The County of Buncombe does not discriminate on the basis of disability in the admission or access to, or treatment ei !L�`,gyp,
programs or activities. Requests for appropriate auxiliary aids and services, when necessary to offer a person with a ittsjilii r an Re
opportunity to participate in or enjoy the benefits of County services, programs, or activities, may be made by contacting Bunai&Fil
Planning and Development, [phone]. Buncombe County's TDD number is [phone].
My Commission Expires_ (iC/ /—`S

COUNTY OF BUNCOMBE
Planning and Development
46 Valley Street
Asheville, NC 28801
[phone]
APPLICATION FOR STORMWATER PERMIT
Financial Responsibility / Ownership Form
FOR OFFICE USE ONLY
Review Fee:
Permit No.:
Dare Issued:
Date Paid'
Check No:
Rec'd By
INSTRUCTIONS: All sections must be completed. Please type or print information. Section 4 must be completed in the presence of a Notary
Public. (3 Originals must be submitted)
1) Project Name: 20 SOUTH BEAR CREEK
Project Location: Highway/ Street 20 SOUTH BEAR CREEK RD, ASHEVILLE, NC
Property Identification No. (PIN): 9627-89-67e0
Purpose of development (residential / commercial) RESIDENTIAL
Total Area Disturbed 33A0 acres(s).
Total Acres of Site 55.4 AC.
Amount of fee enclosed: sr7,325.00
Latitude 35.334 Longitude-82.362
2) Division 5 section 1(a) of the Stormwater Management Ordinance "The developer/applicant and or property owner must maintain
stormwater improvements until accepted by a property owners association or lot owner" The undersigned states that he/she is the
applicant/developer and/or property owner and is financially responsible for installation, operation and maintenance of the stormwater
controls until ownership is conveyed and acknowledges receipt of a copy of the County of Buncombe Stormwater Management
Ordinance and that he/she has thereby been advised of the requirements therein as well as the penalties and resources available to the
County in the event of violation of the Ordinance.
Name of Business: CROSSROADS COMMUNITY, LLC
Name of Applicant: TODD JACKOVICH
Mailing Address: 330 FRANKLIN ROAD, SUITE 135A-591, BRENTWOOD, TN 37027
Street address:
SAME
E-mail address: [e-mail]
Date:
Telephone No.: Ce Fax no:
Signature:
3) Landowner(s) of Record:
Name: CROSSROADS COMMUNITY, LLC
Mailing Address: 330 FRANKLIN ROAD, SUITE 135A-591, BRENTWOOD, TN 37027
Recorded in Deed Book No. 5453 Page : 963
4) The above information is true and correct to the best of my knowledge and belief and was provided by me while unti.gittir !LW*
financially responsible person is an individual, this form must be signed by the individual or his attomey-in-fact s? 01 fin '1
responsible person is not an individual, this form must be signed by an officer, director, partner, or registered 4E418. on a� %
execute instruments for the fmanciall y responsible person.)
s� �i
1 2 State • 2
Name: TODDJACKOVICH Date: �I I Z 'Z.L
4.
Title: LZ t 7ennes _
Signature: �_ .... rotary •, _
f ++ ff 1 ++ 3 Public •• :
I, Them V 4_'�fet a Notary Public for}�e County of ICI t i L fs YVL '�•�•.-1, .•• �'� ��
State of -re. ✓l ✓1' S S. .,a e- , hereby certify that TOGt Of .3-C.c.-Lc e. J 1`G CCC' .r�^•� O,? `\� O
appeared before me this day and under oath acknowledged that the above form was voluntarily executed by h- �Y6 rtb dt� \\\ ti
best of his knowledge and belief. n �I �SS1/ 1111 i 14 u1 a 2�.
I Z day ofTIC f 1 n.� JI
Witness my hand and seal, this l
0
My Commission Expires
aF� '
444.l e 2 7D
A
202_/.
Expires •ut•
The County of Buncombe does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its
programs or activities. Requests for appropriate auxiliary aids and services, when necessary to offer a person with a disability an equal
opportunity to participate in or enjoy the benefits of County services, programs, or activities, may be made by contacting Buncombe County
Planning and Development, [phone]. Buncombe County's TDD number is [phone].