20210403 Ver 1_401 Application_20220113

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20210403
Version* 1
Is this project a public transportation project?* Yes
• No
Reviewer List: * Andrew Moore:eads\awmoore3
Select Reviewing Office: * Asheville Regional Office - [phone]
Submittal Type:* 401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Project Contact Information
Name: Britten Yant
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Brooks Cove Road
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Henderson
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Brooks_Cove_Road_PCN_Application.pdf 12.35MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Windsor Built Homes, Inc.
represented by Mr. Scott Street. The project boundary consists of +/- 17 acres and is designated as Buncombe
County parcel 061988635300000. The project is located at 305 Brooks Cove Road, Black Mountain
(approximate address), in Buncombe County, North Carolina. The applicant is seeking a Nationwide Permit 29
for the authorization of stream and wetland impacts associated with the construction of 47 residential lots and
access roads for the proposed residential community.
Sign and Submit
By checking the box and signing box below, I certify that:

• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: Is filled in automatically.

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
CLearWaLer
An EnviroScience Company
C1earWater Environmental Consultants, Inc.
www.cwenv.com
January 13, 2022
Crystal Amschler
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Brooks Cove Road (+/- 17 AC)
Nationwide Permit 29 Application
Action ID: 2021-00224
Buncombe County, North Carolina
Dear Ms. Amschler and Mr. Wojoski,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Windsor Built
Homes, Inc. represented by Mr. Scott Street. The project boundary consists of +/- 17 acres and
is designated as Buncombe County parcel 061988635300000. The project is located at 305
Brooks Cove Road, Black Mountain (approximate address), in Buncombe County, North Carolina.
The applicant is seeking a Nationwide Permit 29 for the authorization of stream and wetland
impacts associated with the construction of 47 residential lots and access roads for the proposed
residential community.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Ms. Andrea Leslie with the NC Wildlife Resources Commission, Byron Hamstead of the
US Fish and Wildlife Service, and to Mr. Andrew Moore of the NC Division of Water Resources
(Asheville Office) via email.
Sincerely,
DocuSigned by: DocuSigned by,
C11A19F7DC85EE4F7
...
Britten Yant, P.W.S. R. Clement Riddle, P.W.S
Biologist Senior Scientist
CC: NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife Service — Byron Hamstead
NCDEQ Division of Water Resources Asheville Office — Andrew Moore
145 7' Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Preliminary Data Entry Fields for New Actions
SAW — -
1. Project Name: Brooks Cove Road
2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose:
The purpose of the proposed project is to develop the site with 47 residential lots and with
associated access roads/infrastructure.
4. Property Owner / Applicant:
Windsor Built Homes, Inc.
5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company
6. Related Action ID Number(s): Action ID: 2021-00224 (PJD)
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site is located at 305 Brooks Cove Roadd (Approx. Address), Black Mountain, NC.
35.623738,-82.302819
8. Project Location - Tax Parcel ID: 061988635300000
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town : Black Mountain
11. Project Information — Nearest Waterbody: UT to Swannanoa River
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad - 06010105
Authorization: Section 10 ❑ Section 404 W1 Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
R
Pre-Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20210513

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
uacusign knvelope ID: 3B95955D-1202-4F9E-8B65-EED1C852113880
CLear\Nater
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: William C Honeycutt, et al
Property Owner Address: PO Box 5601, Asheville, NC 28813
Phone Number: 828-713-6850 (David Begley - Realtor/Agent)
Email address: [e-mail]
Property Location: 305 Brooks Cove Road, Black Mountain, NC
Dxu8ipned by:
Owner/Managing partner Signature: kft u,,r
p28MFzN70.. r�
Owner/Managing printed name: wii am C Honeycutt, et al
Date: 1/7/2021
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.cwenv.com

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Deed/Property Information

Docu Sign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
®Buncombe County Assessment
Property Record Search
BUNCOMBE COUNTY ASSESSMENT PROPERTY RECORD SEARCH
061988635300000
WINDSOR BUILT HOMES INC
Total Appraised Value
LAUREL DR
40 W BROAD ST STE 500, GREENVILLE, SC, 29601
$ 311, 60 0
Key Information
Zoning
R-1
Neighborhood
BMRM
Land Use Code
UNDEVELOPED TRACT
Municipality
CBM
Fire District
Special District
-
Present Use
Appraisal Area
Bryan Marshall [phone]
[e-mail]
Exemption
Legal Description
Deed Date: 08/11/1988
Deed: 1249-0459 Subdiv: MT VIEW ESTATES Block: Lot: 114-151 & 160-163 Section:
Plat: 0012-0027
Plat Reference
12-27
Land Value
$311,600
Building Value
$0
Features
$0
Total Appraised Value $311,600
Deferred Value
$0
Exempt Value
$0
Total Taxable Value
$311,600
LAND INFORMATION
ZONING LAND USE CODE
RESIDENTIAL UNDEVELOPED TRACT
BUILDING INFORMATION
No data to display
Assessment Details
SIZE NEIGHBORHOOD
16.46 acres BMRM
Building(s)
ASSESSED VALUE FLOODPLAIN
$311,600 NO
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT
12021-06-14 1$860,000 1 Qualified Sale 6079-1642 JWDT
VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX
CHANGE (YEAR
L011-02-01 2021
7-01-27 2017
RECENT PERMIT ACTIVITY
No data to display
LAND
BUILDING
FEATURES
NEW
REASON FOR CHANGE
VALUE
VALUE
VALUE
VALUE
RAPP REAPPRAISAL
$311,600
$0
$0
$311,600
NOTICE
RAPP REAPPRAISAL
$224,600
$0
$0
$224,600
NOTICE
No Photo Available

Pn P J of A
`DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Type: CONSOLIDATED REAL PROPERTY
Recorded: 6/14/2021 4:58:15 PM
Fee Amt: $1,746.0.0 Page 1 of 4
Revenue Tax: $1,720.00
Buncombe County, NC
Drew Reisinger Register of Deeds
BK 6079 PG 1642 - 1645
There are no delinquent taxes that are a lien
the parcel(s) described in the deed which the
Buncombe County Tax Collector is charged
with collecting.
06-14-2021 ak , (//6,4
Date ector
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: $1,720.00
Parcel Identifier No. 0619-88-6353-00000
Mail/Box to: Worley & Peltz, PLLC
This instrument was prepared by: Wm. Michael Begley, Begley Law Firm, PA, a licensed North. Carolina
attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon
disbursement of closing proceeds. This instrument was prepared without examination of title and no opinions
or representations are being ;Wade, either express or implied, by the preparer.
Brief description for the Index:
THIS DEED made this loth day of June, 2021, by and between
GRANTOR
William C. Honeycutt, Jr., unmarried,
Judy H. Wood and husband,
John W. Wood, III, and
Nancy H. Chapin, unmarried
GRANTEE
Windsor Built Homes, Inc., a
South Carolina corporation
40 W. Broad Street, Suite 500
Greenville, SC 29601
The designation Grantor and Grantee as used Therein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is
hereby acknowledged, has and by these presents sloes grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in Black Mountain Township, Buncombe County, North
Carolina and more particularly described as follows:
See Exhibit A attached hereto entitled "Description", which is hereby incorporated by reference as if set forth
herein verbatim.
The property hereinbefore described was acquired by Grantor by instrument recorded in Book 1249, Page
459.
submitted electronically by "Worley & Peltz, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Buncombe County Register of Deeds.
Book: 6079 Page: 1642 Page 1 of 4 Book: 6079 Page: 1642 Seq

Pn P 2 of A
`DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
All or a portion of the property herein conveyed _ includes or _X_ does not include the primary residence
of a Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the
right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and
that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than
the following exceptions: Easements, restrictions, rights of way of record, ordinances or regulations of
Buncombe County related to zoning, subdivision, occupancy, use, construction or development, and 2021
ad valorem taxes, prorated as of the date of closing. The Grantor further warrants that restrictions, if any,
have not been materially violated and do not affect the value of the subject property; that any labor or
material furnished to the subject property within 120 days prior to the date of this Deed have been paid; and
that, upon delivery of this Deed, no tenant or any person other than the Grantee herein will have any right
to use or possess the subject property.
John W. Wood, III joins in the execution of this instrument for the sole purpose of conveying any marital
interest he may have in the property hercinbefore described, and not for any warranties contained herein.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
(SEAL)
William C. Honeycutt, Jr., umnarried
State of North Carolina - County of Buncombe
1, the undersigned Notary Public of the County and State aforesaid, certify that WILLIAM C. HONEYCUTT,
JR., who is known to me or proved to me on the basis of satisfactory evidence to be the person described,
personally appeared before me this day and acknowledged the due execution of the foregoing instrument for
the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of June, 2021.
NOTARY SEAL
,�` pLLO�S fi
G ......r. O si
��,�� ••'`ems ♦u}�.ry('pw'••. �.
f
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COM13 � G
Not Public
My Commission Expires: 1-1 -•-
Book: 6079 Page: 1642 Page 2 of 4 Book: 6079 Page: 1642 Seq

Pn P 2 of A
`DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
G (SEAL)
J y H. W od
(SEAL)
John . Wood, III
State of North Carolina - County of Buncombe
I, the undersigned Notary Public of the County and State aforesaid, certify that JUDY H. WOOD and
husband, JOHN W. WOOD, III, who is/are known to me or proved to me on the basis of satisfactory
evidence to be the persons described, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial
stamp or seal this \r,) day of June, 2021.
4ystaF s4{ti i tip Ppt
♦t!� f P. Y
s
NOT;4 SAL
0
40�
e e 3
SOB L\C'
`91 �68 FIF 6!}{kt {kj41``0
State of North Carolina - County of Buncombe
Notary Public
My Cotnrnission Expires: -
*Nan 6
(SEAL)
. Cl in, unmarried
1, the undersigned Notary Public of the County and State aforesaid, certify that NANCY H. CHAPIN, who
is known to me or proved to me on the basis of satisfactory evidence to be the person described, personally
appeared before me this day and acknowledged the due execution of the foregoing instrument for the
purposes therein expressed. Witness my hand and Notarial stamp or seal this day of June, 2021.
NOTARYSEAL
`apt°1011111
'OSSC?
®< G0\� ..•,• `o
�Yi U
P�Q'�
.'` Cj
`°t�tte�ctttt`'`
4uyV?Pj!Noblic
My Conanission Expires: -
Book: 6079 Page: 1642 Page 3 of 4 Book: 6079 Page: 1642 Seq

Pn P 4 of A
`DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
EXHIBIT "A"
LYING IN BUNCOMBE COUNTY, NORTH CAROLINA
BEING all of Tract VI described in that deed recorded in Deed Book 1249, at Page 459,
Buncombe County Register of Deeds; reference to which Deed is hereby made for a more
particular description of said Tract.
LESS AND EXCEPTING THEREFROM all of that property described in that deed recorded in
Deed Book 1521, at Page 343, Buncombe County Register of Deeds.
AND BEING a portion of that property described in that deed recorded in Deed Book 1249, at
Page 459, Buncombe County Register of Deeds.
TOGETHER WITH AND SUBJECT TO all easements, rights of way, conditions, covenants and
restrictions appurtenant to the property described above.
(20-1319 Windsor Built Homes, Inc.)
Book: 6079 Page: 1642 Page 4 of 4 Book: 6079 Page: 1642 Seq

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
O ^Y
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Brooks Cove
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Black Mountain
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Windsor Built Homes, Inc.
3b.
Deed Book and Page No.
BK 6079 PG 1642-1645
3c.
Responsible Party (for LLC if
applicable):
Scott Street
3d.
Street address:
40 West Broad Street, Suite 500
3e.
City, state, zip:
Greenville, SC 29601
3f.
Telephone no.:
864-370-9037
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
R. Clement Riddle
5b.
Business name
(if applicable):
ClearWater Environmental Consultants, an EnviroScience Company
5c.
Street address:
145 7th Avenue West, Suite B
5d.
City, state, zip:
Hendersonville, NC 28792
5e.
Telephone no.:
828-698-9800
5f.
Fax no.:
N/A
5g.
Email address:
[e-mail]
Page 2 of 10

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
061988635300000
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.623738 Longitude:-82.302819
1 c.
Property size:
17 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to Swannanoa River
2b.
Water Quality Classification of nearest receiving water:
C
2c.
River basin:
French Broad - 06010105
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The proposed 17 acre property currently consists of undeveloped land. Land use in the general vicinity of the project is primarily residential.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.208
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,104
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to develop the site with 47 residential lots and with associated access roads/infrastructure.
3e. Describe the overall project in detail, including the type of equipment to be used:
Please Reference Attachment A.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: PJD Included (Attachment B)
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): ClearWater Environmental
Agency/Consultant Company: Clearwater Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
03/03/2021 Action ID: 2021-00224 (Attachment B)
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps/DWQ
0.0001
W2 P
Fill
Headwater Wetland
Yes
Corps/DWQ
0.0316
W3 P
Fill
Headwater Wetland
Yes
Corps/DWQ
0.0074
W4 P
Fill
Headwater Wetland
Yes
Corps/DWQ
0.0137
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.0528
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
UT to Swannanoa River
PER
Corps/DWQ
4.5
98
S2 P
Culvert
UT to Swannanoa River
PER
Corps/DWQ
4.3
79
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
177
3i. Comments:
Total stream and tributary impacts equals 0.019 acres
Page 4 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
O2
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet)
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts to approximately 75% (0.1552 acres) of wetlands on -site will be avoided. Approximately 91 % of on -site stream (1,927 linear feet) will be
avoided as well.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Sediment and erosion control measures and best management practices would be
utilized on -site. Work is to be performed in the dry. Pump around / dewatering details are included (Figure 5).
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
25
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
The proposed project is subject to review and approval by Buncombe County. Buncombe County is a delegated authority for the review and approval
of Stormwater Management Plans. Documentation of approval can be forwarded upon request.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Buncombe County
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Buncombe County
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes 0 No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[]Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes 0 No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is located in a previously developed residential area. The proposed project would not result in additional development which
would impact nearby downstream water quality.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
generated from the proposed project tie into the existing municipal sewer system. The existing municipal sewer system runs along Brooks
cove road.
Page 9 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
Please Reference Attachment A.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Impacts will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Please Reference Attachment A.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program. FEMA Map Number 370061900J, effective 01/06/2010 (Figure 6).
DocuSigned by:
R. Clement Riddle
`2' 6 `-- `�'d`l�`
01-13-2022
Applicant/Agent's Printed Name
OA79F7DC85EE4F7...
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Brooks Cove Road (+/- 17 AC)
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DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Brooks Cove Road (+/- 17 AC)
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DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
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DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
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DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Brooks Cove Road (+/- 17 AC)
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DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Attachment A
PCN Continued

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
PCN Form Additional Information
Section B. Project Information and Prior Project History, 3e.:
The applicant is proposing to develop the project site with a new residential community.
(PCN Figure 5). The construction is planned for47 individual lots. Additional infrastructure
including access roads and stormwater treatment will also be associated with the project.
The parcel would be accessed via Brooks Cove Road which is an existing roadway.
Typical earth -moving equipment would be utilized onsite (backhoes, dump trucks, etc.)
Section F. Endangered Species and Designated Critical Habitat, 5d:
A review of the NC Natural Heritage Program database on August 13, 2021, indicated no
current documented occurrences of federally protected species occurring within a one -
mile radius of the project boundary. A Historic Element Occurrence was listed within one -
mile of the project for the Rusty -patched Bumble Bee (Low Accuracy — Last Observed
07-18-1919). An Official Species List was obtained for the project through the USFWS
Information for Planning and Consultation (IPAC) process on August 13, 2021.
CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for
Buncombe County. Buncombe County is not listed as having known occurrences of
hibernation or maternity sites. It is the opinion of CEC that the project would have "no
effect" on the northern long-eared bat. See Appendix C.
Section F. Supplementary Information, 7b.:
CEC reviewed the National Register of Historic Places records maintained by the NC
State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS
Service. No sites with historic status were found within a .5-mile radius of the project
boundary. Several sites west of McCoy Cove Road are listed by SHPO as being
"Surveyed Only" with no historic status listed.
It is the opinion of CEC that project construction will not negatively affect the integrity of
any historic or archeological resources.
1

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Attachment 6
Preliminary Jurisdictional Determination

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2021-00224 County: Buncombe U.S.G.S. Quad: NC- Black Mountain
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
William C. Honeycutt et al
David Begley (Realtor)
Address:
P.O. Box 5601
Asheville, NC 28813
Telephone Number:
828-714-6850
E-mail:
David( )GrevBeardRealtv.com
Size (acres) 17 Nearest Town Black Mountain
Nearest Waterway Swannanoa River River Basin French Broad -Holston
USGS HUC 06010105 Coordinates Latitude: 35.623738
Longitude:-82.302819
Location description: The site is located at 305 Brooks Cove Road, in Black Mountain, 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 9/11/2020 (Figure 5).
Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be
affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that maybe subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
2021-00224
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
am anda.i ones(&us ace.army.mil.
C. Basis for Determination: See the preliminary iurisdictional determination form dated 03/03/2021 and
attached Figure 5.
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 Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: (/ v V
Date of JD: 03/03/2021 Expiration Date of JD: Not applicable

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Potentially Jurisdictional Water
Site
Number
Latitude
Longitude
Estimated Amount
of Aquatic Resource
in Review Area
Type of
Aquatic
Resource
Geographic Authority to Which
the Aquatic Resource "may be"
Subject (404 or 10/404)
W1
35.624522
-82.302751
0.141 AC
Wetland
404
W2
35.623645
-82.302880
0.065 AC
Wetland
404
W3
35.623360
-82.303608
0.002 AC
Wetland
404
Wetland Total: 0.208 AC
S1
35.625687
-82.301978
264 LF (0.008 AC)
Perennial
Stream
404
S2
35.625535
-82.302792
1,637 LF (0.205 AC)
Perennial
Stream
404
S3
35.625483
-82.303166
127 LF (0.003 AC)
Intermittent
Stream
404
S4
35.622276
-82.302790
76 LF (0.006 AC)
Perennial
Stream
404
Stream Total:
2,104 LF (0.222 AC)

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Brooks Cove Road (+/- 17 AC)
Potential Non -Wetland
PotentiatlyJurisdictional Water
Stream Linear Feet Acres Wetland Acres
Sl
264
0.008
Wl
0.141
S2
1,637
0.205
W2
0.065
S3*
127
0.003
W3
0.002
S4
76
0.006
"S3 is intermittent
Total 2,104 0.222
1 Total
0.208
Jurisdictional wetlands and waters identified on this map have been
located within sub -meter accuracy utilizing a Trimble mapping grade
Global Positioning System (GPS) and the subsequent differential
cc mection of that data. GP points may demonstrate un correctable
errors due to topography, vegetative cover, and/or multipath signal
error.
Note: The illustrated wetland and stream locations are approximate.
These areas have been flagged in the field; however, they have not
been surveyed. Although Clearwater Environmental Consultants,
Inc. (CEC) is confident in our assessment, the US Army Corps of
Engineers (Corps) is the only agency that can make final decisions
regarding junsdictional wetland and waters of the US delineations.
Therefore, all preliminary determinations are subject to change until
written verification is obtained. CEC strongly recommends that
written venfcation be obtained from the Corps pnorto closing on the
property, beginning any site work, or making any legal reliance on
this determination.
This map was prepared by CEC using the best information available
to CEC at the time of production. This map is for informational
purposes only and should not be used to determine precise
boundaries, roadways, property boundary lines, nor legal
descriptions. This map shall not be construed to be an official
survey of any data depicted.
Source Data:
Project Boundary -Buncombe County GIs
Topo- Buncombe County GIs
Aerial Imagery - NC OneMap
Project Boundary
Legend
Project Boundary
Perennial Stream
Intermittent Stream
" Linear Wetland
Wetland
Stream - Off Property
Culvert
Contours 4ft
Drawn by: BWY 2.19.21; CEC Project#_113C
Buncombe County,
North Carolina
Waters of the U.S.
S�
r. _
Potential Non -Wetland
Waters of the U.S.
Potential
Wetland Waters
of the U.S.
0, in Mater
32 Clayton Street
Asheville, North Carolina 28801
Potential Non -Wetland
Waters of the U.S.
Potential
Wetland Waters
of the U.S.
Potential
Wetland Waters
of the U.S.
Potential Non -Wetland
Waters of the U.S.
0 100 200
400
T Feet
Stream and Wetland
Delineation Map
Delineated September 11, 2020
Fiaure 5

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
Attachment C
Federally Protected Species Information

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
■ now
■■ ■ NC DEPARTMENT OF
■■�■i NATURAL AND CULTURAL RESOURCES
■ ■■■
August 13, 2021
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: Brooks Cove Road; 1130
Dear ClearWater Environmental Consultants. Inc.:
Ray Cooper, Governor
D. Reid Wilson, Secretary
Walker Clark
Director, Division of Land and Water5tewwdship
NCNHDE-15414
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7HEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH. NC 27603 • 1691 MAIL SERVICE CENTER. RALEIGH. NC 27609
OFC 919.707.9120 • FAX [phone]

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DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
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.p,ov/nc-es/es/coupiyfr.html
In Reply Refer To:
Consultation Code: 04EN1000-2021-SLI-0952
Event Code: 04EN1000-2021-E-02196
Project Name: Brooks Cove Road
August 13, 2021
Subject: List of threatened and endangered species that may occur in your proposed project
location 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
https://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
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.

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
08/13/2021 Event Code: 04EN1000-2021-E-02196
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
https://www.fws.gov/southeast/our-services/permits/eagles/). Wind energy projects should
follow the wind energy guidelines (http://www.fws.gov/windenerg_y/) 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/CurrentBirdlssues/Hazards/towers/towers.htm;
http://www.towerkill.com; andhttp://www.fws.gov/migratoDbirds/CurrentBirdlssues/Hazards/
towers/comtow.html.

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
08/13/2021 Event Code: 04EN1000-2021-E-02196 3
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

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
08/13/2021 Event Code: 04EN1000-2021-E-02196
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]

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
08/13/2021 Event Code: 04EN1000-2021-E-02196
2
Project Summary
Consultation Code: 04EN1000-2021-SLI-0952
Event Code: 04EN1000-2021-E-02196
Project Name: Brooks Cove Road
Project Type: DEVELOPMENT
Project Description: +/- 17 AC tract of land planned for potential development.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(a)35.62397655,-82!3028352640631,14z
Counties: Buncombe County, North Carolina

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
08/13/2021
went Code: 04EN1000-2021-E-02196
3
Endangered Species Act Species
There is a total of 7 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
Fisheriesi, 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
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME
STATUS
Bog Turtle Clemmys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. The location of the critical habitat is not available.
Species profile: https:Hecos.fws.gov/ecp/species/5039

DocuSign Envelope ID: A0489B44-7483-4D65-BB2E-99E792A5304F
08/13/2021 Event Code: 04EN1000-2021-E-02196
Flowering Plants
NAME
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
Virginia Spiraea Spiraea virginiana
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1728
Lichens
NAME
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
4
STATUS
Endangered
Threatened
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.