20220142 Ver 1_401 Application_20220125

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID#*
20220142
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: Jeff Golladay
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Busbee Mountain Phase 1 & 1a
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)
Buncombe
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Signed BusbeePhase11a_PCN Application
12.87M B
1.25.22.pdf
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
Please find attached the Individual 401 Water Quality Certification application and Nationwide Permit 29
application for Phases 1 & 1a of the Busbee project in Asheville, Buncombe County, NC.
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: F3553A5F-88F5-42EA-B771-46CF506195B0
CLearWaLer
An EnviroScience CompanyM
C1earWater Environmental Consultants, Inc
www.cwenv.com
January 25, 2022
Crystal Amschler Mr. Paul Wojoski
US Army Corps of Engineers NC DWR, 401 Permitting & Buffer Unit
Asheville Regulatory Field Office 512 N. Salisbury Street, 9th Floor
151 Patton Avenue, Room 208 Raleigh, North Carolina 27604
Asheville, North Carolina 28801
RE: Busbee Phase 1 & 1 a (+/- 133 Acres)
SAW-2019-01017
NWP 29 Application & Individual Water Quality Certification Request
Buncombe County, North Carolina
Dear Mrs. Amschler and Mr. Wojoski,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Flournoy
Development Group, FDG Sweeten Creek Holdings, LLC, and PH-FDG Sweeten Creek JV, LLC;
represented by Ryan Foster. The project is located on Buncombe County Parcel Index Numbers
965631935000000, 965621842100000, 965642354000000, 965632877400000,
965632393900000, 965622921800000. The site is accessed from Sweeten Creek Road in
Asheville, North Carolina. The applicant is seeking a Nationwide Permit 29 and Individual 401
Water Quality Certification to authorize permanent and temporary stream impacts and permanent
and temporary wetland impacts associated with the construction of new access roads for a new
residential development. A Preliminary Jurisdictional Determination was issued for the project
area on November 06, 2019 (SAW-2019-01017).
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, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish
and Wildlife Service; and Mrs. Kaylie Yankura, NCDEQ Division of Water Resources.
Sincerely,
DocuSigned by:
OA79F7DC85EE4F7...
Jeff Golladay R. Clement Riddle, P.W.S.
Biologist Senior Scientist
Copy issued:
NC Wildlife Resources Commission — Andrea Leslie
USFWS Asheville Field Office — Byron Hamstead
NCDEQ Division of Water Resources Asheville Office — Kaylie Yankura
145 7t' Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Preliminary Data Entry Fields for New Actions
JSAW — -
u
1. Project Name:
Busbee Phase 1 & 1 a
2. Work Type:
Private Fv-1 Institutional
❑
Government ❑
Commercial ❑
3. Project Description / Purpose:
The purpose is to develop access roads for a new residential development.
4. Property Owner / Applicant: FDG Sweeten Creek Holdings, LLC and PH-FDG Sweeten Creek JV, LLC / Flournoy Development Group
(Attn: Ryan Foster)
5. Agent / Consultant: ClearWater, an EnviroScience Company
6. Related Action ID Number(s): SAW-2019-01017
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site consists of a +/- 133 acre located at 2352 Sweeten Creek Rd, Asheville, in
Buncombe County, North Carolina (approximate address). 35.518850,-82.517650
8. Project Location -Tax Parcel ID: 9656-31-9350, 9656-21-8421, 9656-42-3540, 9656-32-8774, 9656-32-3939, 9656-22-9218
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town : Asheville
11. Project Information — Nearest Waterbody: Fourmlle Branch
12. Watershed / 8-Digit Hydrologic Unit Code: Upper French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑ Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20210513

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
CLearWaLer
An Env :inSc'oance Company
I)epar7mew nl-the Arm\
Wilmington District. Corps of' Engineers
Attn: Scott McLendon- Chief Regis]atory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR. Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh. North Carolina 27604
1. the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants. Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and penn its 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 USACF 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: FDG Sweeten Creek Holdings, LLC
Property Owner Address: 1100 Brookstone Centre Pkwy
Columbus, GA 31904
Phone Number: 706-243 -9403
Email address: [e-mail]
Tract 2,3,4,5a,& 5b on Buncombe County, NC Plat BR 223 PG
Property Location: 145--1 PIN-96 28774 0 3939D0-H4,, 965621842100000
9656 50000 6423540000Qa
Owner/Managing partner Signature:
Owner/Managing printed name: Ryan Foster for Owner of Record
Date: 1-24-2022
145 7th Avenue West, Suiti B
Hendersonville, N(' 28792
Phone:[phone]
www.cwenv.com

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
CLearWaLer
Q
Department of tile Arne
Vdilming.Ion District_ Corps of Fneineers
Attn: Scott Mc!_cndon- Chiel' Regulalor% Di%ision
PO Box 1890
Wilmington. NC 28402-1890
-and-
NC DWR. Wehscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh. North Carolina 27604
I. the current landoxvrter/managing partner of the property identified heloxx. hereby authorize
ClearWater Environmental Consultants. Inc. (C[.C) to act on mx behlit' as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US suhject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and I larhors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USAC1= or DWR.
Additionally_ I authorize representatives of Llte 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 LIS subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Flarbors
Act of' 1899.
Property Owner of Record.
Property Owner Address:
PH-FDG Sweeten Creek JV, LLC
1100 Brookstone Centre Pkwy
Columbus, GA 31904
Phone Number: 706-243-9403
Lrnail address: ryan . fosterra)flournoydev. corn
Properfy Location: Tract 1 on B cotnbe Co ty, NC Plat BK 223 PG 145-146
Prop ID - 124051
Oh%ner/Managirig partner Signature:
()��neNManagiiig printed name: RyAn _Foster for Owner of Record
Date: 1-24 -2022
145 71h .lvcnuc West, `;cite B
I lendersunxide. N( 28792
Phone. [phone]ot)
tNNA!xC %en%xonl

n..- —L-- i--..--. A---------}
DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Property Record Search
Buncombe County Assessment Property Record Search
965632393900000 BILTMORE FARMS LLC
99999 SWEETEN CREEK RD PO BOX 5355, ASHEVILLE, NC, 28813
KEY INFORMATION
Zoning - Neighborhood PCVD
Land Use Code UNDEVELOPED TRACT Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption -
Legal Description Deed Date:04/17/1990 Deed:1222-0645 Lot:TRACT 3 Plat:0223-0145
Plat Reference 223-145
ASSESSMENT DETAILS
Land Value $0
Building Value $0
Features $0
Total Appraised $0
Value
Deferred Value $0
Exempt Value $0
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE
RES LOW DENSITY UNDEVELOPED TRACT
RESIDENTIAL UNDEVELOPED TRACT
BUILDING INFORMATION
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE
No items to display
Total Appraised Value
$0
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
18.02 acres PCVD $353,100 NO
18.02 acres PCVD $353,100 NO
VALID SALE BOOK/PAGE DEED INSTRUMENT
Data last updated: 01/20/2022

n..- —L-- i--..--. A---------}
DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Property Record Search
Buncombe County Assessment Property Record Search
965632877400000 BILTMORE FARMS LLC
99999 SWEETEN CREEK RD PO BOX 5355, ASHEVILLE, NC, 28813
KEY INFORMATION
Zoning - Neighborhood PCVD
Land Use Code UNDEVELOPED TRACT Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption -
Legal Description Deed Date:04/17/1990 Deed:1222-0645 Lot:TRACT 2 Plat:0223-0145
Plat Reference 223-145
ASSESSMENT DETAILS
Land Value $0
Building Value $0
Features $0
Total Appraised $0
Value
Deferred Value $0
Exempt Value $0
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE
RESIDENTIAL UNDEVELOPED TRACT
BUILDING INFORMATION
BUILDING(S)
TRANSFER HISTORY
Total Appraised Value
$0
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
23.89 acres PCVD $396,900 NO
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT
No items to display
Data last updated: 01/20/2022

n..- —L-- i--..--. A---------}
DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Property Record Search
Buncombe County Assessment Property Record Search
965642354000000 BILTMORE FARMS LLC Total Appraised Value
99999 SWEETEN CREEK RD PO BOX 5355, ASHEVILLE, NC, 28813 $0
KEY INFORMATION
Zoning - Neighborhood PCVD
Land Use Code UNDEVELOPED TRACT Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption -
Legal Description Deed Date:04/17/1990 Deed:1222-0645 Lot:TRACT 5B FUTURE DEVELOPMENT Plat:0223-0145
Plat Reference 223-145
ASSESSMENT DETAILS
Land Value $0
Building Value $0
Features $0
Total Appraised $0
Value
Deferred Value $0
Exempt Value $0
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
RES LOW DENSITY UNDEVELOPED TRACT 23.80 acres PCVD $297,500 NO
BUILDING INFORMATION
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT
No items to display
Data last updated: 01/20/2022

n..- —L-- i--..--. A---------}
DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Property Record Search
Buncombe County Assessment Property Record Search
965621842100000 BILTMORE FARMS LLC
99999 SWEETEN CREEK RD PO BOX 5355, ASHEVILLE, NC, 28813
KEY INFORMATION
Zoning - Neighborhood PCVD
Land Use Code UNDEVELOPED TRACT Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption -
Legal Description Deed Date:04/17/1990 Deed:1222-0645 Lot:TRACT 4 Plat:0223-0145
Plat Reference 223-145
ASSESSMENT DETAILS
Land Value $0
Building Value $0
Features $0
Total Appraised $0
Value
Deferred Value $0
Exempt Value $0
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE
RES LOW DENSITY UNDEVELOPED TRACT
RESIDENTIAL UNDEVELOPED TRACT
BUILDING INFORMATION
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE
No items to display
Total Appraised Value
$0
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
16.64 acres PCVD $307,100 NO
16.64 acres PCVD $307,100 NO
VALID SALE BOOK/PAGE DEED INSTRUMENT
Data last updated: 01/20/2022

n..- —L-- i--..--. A---------}
DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Property Record Search
Buncombe County Assessment Property Record Search
965631935000000 BILTMORE FARMS LLC Total Appraised Value
99999 SWEETEN CREEK RD PO BOX 5355, ASHEVILLE, NC, 28813 $0
KEY INFORMATION
Zoning - Neighborhood PCVD
Land Use Code UNDEVELOPED TRACT Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption -
Legal Description Deed Date:04/17/1990 Deed:1222-0645 Lot:TRACT 5A FUTURE DEVELOPMENT Plat:0223-0145
Plat Reference 223-145
ASSESSMENT DETAILS
Land Value $0
Building Value $0
Features $0
Total Appraised $0
Value
Deferred Value $0
Exempt Value $0
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE
RES LOW DENSITY UNDEVELOPED TRACT
RESIDENTIAL UNDEVELOPED TRACT
BUILDING INFORMATION
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE
No items to display
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
28.17 acres PCVD $376,700 NO
28.17 acres PCVD $376,700 NO
VALID SALE BOOK/PAGE DEED INSTRUMENT
Data last updated: 01/20/2022

n..- —L-- i--..--. A---------}
DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Property Record Search
Buncombe County Assessment Property Record Search
965622921800000 BILTMORE FARMS LLC
99999 SWEETEN CREEK RD PO BOX 5355, ASHEVILLE, NC, 28813
KEY INFORMATION
Zoning - Neighborhood PCVD
Land Use Code UNDEVELOPED TRACT Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption -
Legal Description Deed Date:04/17/1990 Deed:1222-0645 Lot:TRACT 1 Plat:0223-0145
Plat Reference 223-145
ASSESSMENT DETAILS
Land Value $0
Building Value $0
Features $0
Total Appraised $0
Value
Deferred Value $0
Exempt Value $0
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE
RES LOW DENSITY UNDEVELOPED TRACT
RESIDENTIAL UNDEVELOPED TRACT
BUILDING INFORMATION
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE
No items to display
Total Appraised Value
$0
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
16.98 acres PCVD $354,500 NO
16.98 acres PCVD $354,500 NO
VALID SALE BOOK/PAGE DEED INSTRUMENT
Data last updated: 01/20/2022

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
w A rEgQ�
T.
I�.kI a 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:
N Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑l 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 ❑] No
For the record only for Corps Permit:
❑ Yes ❑l 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 0 No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑] No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑] No
2.
Project Information
2a.
Name of project:
Busbee Phase 1 & 1 a
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Asheville
2d.
Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
FDG Sweeten Creek Holdings, LLC; PH-FDG Sweeten Creek JV, LLC
3b.
Deed Book and Page No.
See Attached Parcel Data. Recent Transaction Date: 12/30/2021.
3c.
Responsible Party (for LLC if
applicable):
Ryan Foster
3d.
Street address:
900 Brookstone Centre Parkway
3e.
City, state, zip:
Columbus, Georgia 31917
3f.
Telephone no.:
[phone]
3g.
Fax no.:
N/A
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
4.
Applicant Information (if different from owner)
4a.
Applicant is:❑
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, an EnviroScience Company
5c.
Street address:
145 7th Avenue W; Suite B
5d.
City, state, zip:
Hendersonville, NC 28792
5e.
Telephone no.:
828-698-9800
5f.
Fax no.:
N/A
5g.
Email address:
[e-mail]
Page 2 of 10

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
B.
Project Information and Prior Project History
1.
Property Identification
1 a.
Property identification no. (tax PIN or parcel ID):
See Attached Parcel Data.
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.51885 Longitude:-82.51765
1 c.
Property size:
133 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Fourmile Branch
2b.
Water Quality Classification of nearest receiving water:
Class C
2c.
River basin:
Upper 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:
See additional information following the PCN form.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.743
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 11,292
3d. Explain the purpose of the proposed project:
The purpose is to develop access roads for a new residential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
See additional information following the PCN form.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
0 Yes ❑ No ❑ Unknown
Comments:
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
0 Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clearwater
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A PJD was issued for this parcel on November 06, 2019 and is included as Appendix A. Action ID: SAW-2019-01017.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑ No 0 Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑l Yes ❑ No
6b. If yes, explain.
See additional information following the PCN form.
Page 3 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
N Wetlands ❑l 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
Culvert/Retaining Wall
Bottomland Hardwood Forest
Yes
Corps
0.066
W2 T
Construction Access
Bottomland Hardwood Forest
Yes
Corps
0.02
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.086
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 Fourmile Branch
PER
Corps
5
106
S2 T
Construction Access
UT Fourmile Branch
PER
Corps
5
20
S3 P
Culvert
Fourmile Branch
PER
Corps
4
16
S4 T
Construction Access
Fourmile Branch
PER
Corps
6
20
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
162
3i. Comments:
Streambed Impacts: S1 = 0.013 Ac (106 If); S2 = 0.003 Ac (20 If); S3 = 0.001 Ac (16 If); S4 = 0.004 Ac (20 If)
Total Permanent Streambed Impacts = 0.014 Ac; Total Temporary Streambed Impacts = 0.007 Ac.
Page 4 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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: F3553A5F-88F5-42EA-B771-46CF506195B0
D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The proposed stream and wetland impacts are the minimum necessary to provide access to the Phase 1 and Phase 1 a development areas. The
current access road alignments avoid additional impacts by crossing at locations that allow both Phase 1 and Phase 1 a development areas to avoid
impacts to surrounding aquatic resources. Stream impacts S3 and S4 occur at an existing stream crossing and replace existing culverts.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
The two culverts and retaining wall will be installed in the dry and all equipment will be operated from high ground. The applicant will adhere to erosion
and sediment control standards necessary to protect downstream water quality. See Figure 5.3 for culvert and retaining wall details. See Figure 5.4 for
work -in -the -dry and pump around system details.
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 ❑] 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: F3553A5F-88F5-42EA-B771-46CF506195B0
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 ❑] 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: F3553A5F-88F5-42EA-B771-46CF506195B0
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 ❑\ 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?
12.36 %
2b.
Does this project require a Stormwater Management Plan?
❑l 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. A stormwater management
plan and permit request for the Phase 1
development area has been submitted to Buncombe County for review. An additional stormwater management plan and permit request for the Phase
1 a development will be submitted to Buncombe County, but has not yet been submitted as of the writing of this application. 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
❑l Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑ Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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❑ 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 ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ Yes ❑ No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes El 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 stream and wetland impacts will not result in additional development that could affect downstream water quality. Development plans for
future phases have not been finalized and their impacts have not been studied. The timing of future phases is currently unknown. Additional permit
applications will be submitted for future phases if additional aquatic resource impacts are proposed.
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.
Proposed sanitary sewer mains on site will tie into an existing Buncombe County sanitary sewer main along Sweeten Creek Road. Wastewater will be
treated by the Buncombe County Municipal Sewage District.
Page 9 of 10
PCN Form — Version 1.4 January 2009

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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 ❑] No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes❑ 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?
See Threatened and Endangered Species Review and Habitat Assessment in Appendix B.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes El No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 01/19/2022 at https://www.habitat.noaa.gov/apps/efhmapper/?page=page_3.
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 ❑] No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See additional information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panel: 3700965600J (Eff. 01/06/2010). See Figure 6.
DocuSigned by,
E0A19F7DC85EE4F7
1/25/2022
R.clement Riddle
...
Applicant/Agent's Printed Name
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: F3553A5F-88F5-42EA-B771-46CF506195B0
PCN Form Additional Information
Section B.6b Future Project Plans — Explanation
This PCN applies to Phase 1 and Phase 1 a of the Sweeten Creek Road Tract/Busbee Mountain
development. Development plans for future phases have not been finalized and their impacts
have not been studied. The timing of future phases is currently unknown. Future development
areas are labeled in Figure 5.0.
Section B.3a Project Description — Land Use
The project area is currently an undeveloped, wooded lot. The project area is bordered by
Sweeten Creek Road to the west, residential properties to the north and south, and undeveloped
forest to the east. The project site covers approximately 133 acres and is entirely forested. A dry
ridge extending from Busbee Mountain bisects the site. To the north of the ridge, Fourmile Branch
(Class C) originates within the project boundary. Several unnamed tributaries to Fourmile Branch
are located within the valley bottom. South of the ridge, two unnamed tributaries to Dingle Creek
(Class C) are located within valleys. Most of the project site occupies a dry hilltop and upland
slopes above Fourmile Branch.
Section B.3e Project Description — Details
The project will involve the construction of a new residential development and associated access
roads. Access to the development will require construction of two new roads that will enter the
property from Sweeten Creek Road. The new access roads will run east into the property. An
additional road that spurs off of the northern access road is also proposed and will access the
Phase 1a development area (See Figure 5.0). The development of the property will involve two
permanent stream impacts (Impact S1 [106 L.F.; 0.013 Ac] and Impact S3 [16 L.F.; 0.001 Ac]),
two temporary stream impacts (Impact S2 [20 L.F.; 0.003 Ac] and Impact S4 [20 L.F.; 0.004 Ac]),
one permanent wetland impact (Impact W1 [0.066 Ac]), and one temporary wetland impact
(Impact W2 [0.020 Ac]). The impacts are associated with two stream crossings. The first stream
crossing (Impacts S1, S2, W1, and W2; Figure 5.1) involves the installation of one culvert and a
retaining headwall on both sides of the crossing. The second stream crossing (Impacts S3 and
S4; Figure 5.2) involves the replacement of an existing culvert in order to minimize project
impacts. Stream Impacts S1 and S2 occur in an unnamed tributary to Fourmile Branch, and
Stream Impacts S3 and S4 occur in Fourmile Branch. See Figure 5.3 for embedded culvert and
retaining wall details. See Figure 5.4 for work -in -the -dry and pump around system details. Typical
grading equipment (trackhoe, dozer, drum -roller, etc.) will be used during the development of the
site and will be operated from high ground.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
No historic sites are located within 0.5 mile of the project site. It is the opinion of ClearWater that
project activities will not affect the above listed property or any historic properties. Data gathered
from NCHPO's HPOWEB 2.0 for General Audience. Accessed January 19, 2022.

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Busbee Phase 1 & 1 a (+/- 133 AC)
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V
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Drawn by: JMG Date; 01.19.22 CEC Project #1004 dp
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Buncombe County, AnEnviro5cienceCompany Q- Y P
North Carolina 145 7th Ave West, Suite B Figure 1
Hendersonville, North Carolina 28792

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Busbee Phase 1 & 1 a (+/- 133 AC)
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Buncombe County CLearWaker,
An E-wimSciawn Companyg
North Carolina 145 7th Ave west, suite B
Hendersonville, North Carolina 28792
i
FIRI
USGS Topographic Map
1:24K; Asheville Quad
Figure 2
�I

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Busbee Phase 1 & 1 a (+/- 133 AC)
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An E-wimScmme Companyg
North Carolina
145 7th Ave west, suite s
Hendersonville, North Carolina 28792
A _
It
Aerial Imagery Map
NCCGIA 2019
Figure 3

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Busbee Phase 1 & 1 a (+/- 133 AC)

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
PROPOSED PERMANENT WETLAND
PROPOSED PERMANENT ROADWAY STREAM IMPACT #SI
IMPACT #W I (FIGURE 5.1)
PROPOSED TEMPORARY CULVERT INSTALLATION STREAM
PROPOSED TEMPORARY WALL
INSTALLATION WETLAND
\ IMPACT #S2 (FIGURE 5.1)
IMPACT #W2 (FIGURE 5.1)
EXISTING STREAM (TYP.)
EXISTING CULVERT (TYP.)
EXISTING SANITARY
SEWER MAIN (TYP.)
PHASE I
DEVELOPMENT
PROPOSED PERMANENT ROADWAY STREAM IMPACT #S3 (FIGURE 5.2)
PROPOSED TEMPORARY CULVERT INSTALLATION STREAM
IMPACT #S4 (FIGURE 5.2)
PHASE I A
DEVELOPMENT
FUTURE
DEVELOPMENT
PROPOSED SANITARY
f
SEWER MAIN (TYP.)
/ i \
FUTURE
DEVELOPMENT FUTURE
DEVELOPMENT
I M PACT SU M MARY TABLE
TEMPORARY WETLAND IMPACT
0.020±AC
PERMANENT WETLAND IMPACT
0.066±AC
TEMPORARY STREAM IMPACT
40 LF (0.007±AC)
PERMANENT STREAM IMPACT
122 LF (0.014±AC)
WGLA ENGINEERING, PLLC
724 5th AVENUE
HENDERSONVILLE, NC 28739
[phone]
WGLA.COM
NC LICENSE P-1342
PROJECT
BOUNDARY
EXISTING 10'
CONTOUR (TYP.)
PROPOSED 10'
CONTOUR (TYP.)
no
Preliminary
Busbee Stream Impacts
Limestone Township Figure 5.0
Buncombe County Job #: 21160
North Carolina Date: 1/24/22
Scale: 1" = 500'

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
PROPOSED TEMPORARY WALL INSTALLATION WETLAND IMPACT #W2
EXISTING 10' BELOW WALL ON BOTH SIDES OF ROAD
WETLAND (0.020± AC.)
(TYP.) PROPOSED TEMPORARY CULVERT
INSTALLATION STREAM IMPACT #S2
EXISTING 10' ABOVE AND BELOW
STREAM CULVERT (20± LF) (0.003± AC.)
(TYP.)
PROPOSED RETAINING
WALL (TYP.)
....�
::::: -. .
--
... . .......
B 5 Wi
Wa/
PROPOSED WATER
MAIN (TYP.)
C ••• 5
yyxxW �
'�'•� SS�,Y NJ
\ / f PROPOSED SANITARY
:. ::. :.:.:.: .� SEWER MAIN (TYP.)
'i .
_:�
..
d 0 � / a••� /
f.
10000
\ _
0000 .
PROPOSED ACCESS ROAD
AND UTILITY CORRIDOR TO PHASE IA
PROPOSED PERMANENT
WETLAND IMPACT #WI PROPOSED PERMANENT CULVERT
(0.066± AC.) STREAM IMPACT #S I
(I 06± LF) (0.013± AC.)
PROPOSED ACCESS ROAD
AND UTILITY CORRIDOR TO PHASE I
LEGEND
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
TEMPORARY STREAM IMPACT
PERMANENT STREAM IMPACT
Preliminary
WGLA ENGINEERING, PLLC
724 5th AVENUE
Busbee
Stream Impacts
HENDERSONVILLE, NC 28739
Limestone Township
Figure 5.1
[phone]
Buncombe County
Job #: 21160
WGLA.COM
North Carolina
Date: 1/24/22
NC LICENSE P-1342
Scale: 1" = 60'

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
PROPOSED TEMPORARY CULVERT
\ INSTALLATION STREAM IMPACT #S4
I V ABOVE AND BELOW
CULVERT (20± LF) (0.004± AC.)
\\ SS S
0.00
PROPOSED WATER
PROPOSED RETAIN G / MAIN (TYP.)
WALL (TYP.) EXISTING CULVERT
TO BE REPLACED
s
\ .
41
5 _ EXIS T iNG 21 LF CULVERT TO BE REPLACED WITH
NEW 37 LF CULVERT. NEW PERMANENT
— STREAM IMPACT #S3 (16± LF) (0.001± AC.)
PROPOSED SANITARY
SEWER MAIN (TYP.)
LEGEND
TEMPORARY WETLAND IMPACT
PERMANENT WETLAND IMPACT
TEMPORARY STREAM IMPACT
PERMANENT STREAM IMPACT
Preliminary
WGLA ENGINEERING, PLLC
724 5th AVENUE
WGLA
Busbee
Stream Impacts
HENDERSONVILLE, NC 28739
Limestone Township
Figure 5.2
[phone]
Buncombe County
Job #: 21160
Engineering WGLA.COM
North Carolina
Date: 1/24/22
NC LICENSE P-1342
Scale: 1° = 60'

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
PROPOSED ASPHALT ROADWA"
WITH CURB AND GUTTEI
PROPOSED RETAINING WALL
PROPOSED XX" HDPE BUF
12" MINIMUM BELOW STREAM BED
PERMANENT STREAM CROSSING
CROSS-SECTION
N.T.S.
PROPOSED RETAINING WALL
PROPOSED 22' ASPHALT ROADWAY
WITH CURB EACH SIDE
IMPERMEABLE DIKE
PROPOSED XX LF OF XX" HDPE DURING CONSTRUCTION
STREAM BED CULVERT BURIED 12" MINIMUM BELOW
STREAM BED —MATCH EXISTING GRADIENT
IMPERMEABLE DIKE
DURING CONSTRUCTION
PERMANENT STREAM CROSSING
PROFILE
N.T.S.
WGLA ENGINEERING, PLLC
724 5th AVENUE
HENDERSONVILLE, NC 28739
[phone]
WGLA.COM
INC LICENSE P-1342
Busbee
Limestone Township
Buncombe County
North Carolina
Preliminary
Stream Impacts
Figure 5.3
Job #: 21160
Date: 1/24/22
Scale: N/A

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
10'XS' STABILIZED OUTLET USING CLASS B RIP
IMPERVIOUS DIKE RAP & NCDOT TYPE 2 FILTER FABRIC
(SEE INSET "B")� PUMP
INTAKE PIPIN
DISCHARGE
PIPING
ACTIVE WORK AREA OF
CULVERT INSTALLATION
OR UTILITY CROSSING
IMPERVIOUS DIKE
SAND BAG (SEE INSET "B")
(24"X 12"X6")
OR STONE
IMPERVIOUS
SHEETING
INSET "B"
IMPERVIOUS DIKE
SCALE: NTS
STABILIZED OUTLET USING CLASS B FLEXIBLE DISCHARGE HOSE
RIPRAP TRENCHED INTO EXISTING FROM PUMP AROUND PUMP
GROUND A MINIMUM OF 6". SIZE HELD IN PLACE WITH SAND
AND LOCATION TO BE DETERMINED BAGS AS NEEDED
IN THE FIELD BY THE ENGINEER NOTES:
10' MIN
TER FABRIC
PUMP AROUND
SYSTEM
SCALE: NTS
GENERAL PUMPING SEQUENCE:
I. USE PUMP TO PUMP FLOW AROUND DURING CONSTRUCTION.
2. SET UP ROCK SILT CHECK DAM AT DOWNSTREAM END OF THE CHANNEL AT THE
END OF EACH DAY (SANDBAGS ARE AN ACCEPTABLE ALTERNATIVE.)
3. BELOW THE CHECK DAM, WATER WILL FLOW INTO THE EXISTING PIPE. MAKE SURE
NO LOOSE SOIL IS PRESENT AROUND THE PIPE INLET. USE SOD MATS, COIR MATTING
OR STONE TO STABILIZE ANY BARE GROUND.
4. AT THE BEGINNING OF THE NEXT DAY, RESHAPE AS NECESSARY AND USE THE CHECK
DAM AS THE IMPERVIOUS DIKE FOR THE PUMP AROUND OPERATION - INSTALL
IMPERVIOUS SHEETING AS SHOWN
WGLA ENGINEERING, PLLC
724 5th AVENUE
HENDERSONVILLE, NC 28739
[phone]
WGLA.COM
NC LICENSE P-1342
I. IF PUMPING CLEAN WATER, NO
DEWATERING BAG IS REQUIRED.
2. STREAM HAS SMALL BASE FLOW. A
SUITABLE OUTLET LOCATION IN THE
WOODS MAY BE IDENTIFIED AT THE
DISCHARGE LOCATION SO THAT
NATURAL FILTRATION CAPACITY OF
FOREST FLOOR AND TO AVOID
UNNECESSARY DISTURBANCE FOR
STONE DEWATERING PAD OR STONE
OUTLET.
Preliminary
Busbee
Limestone Township
Buncombe County
North Carolina
Typical Stream Bank
Stabilization
Figure 5.4
Job #: 21160
Date: 1/24/22
Scale: n.t.s.

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Busbee Phase 1 & 1 a (+/- 133 AC)
r Project Boundary
FEMA Flood Zone
0 100 Year Floodplain
0 750 1,500 3,000
Feet
Buncombe County,
North Carolina
yi Project Boundary
An EnvlroSdence CompanyED
145 7th Ave West, Suite B
Hendersonville, North Carolina 28792
FEMA Flood Zone Map
FIRM Panel: 3700965600J
(Eff. 01/06/2010)
Figure 6

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Appendix A:
Preliminary Jurisdictional
Determination

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2019-01017 County: Buncombe U.S.G.S. Quad: NC- Asheville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Biltmore Farms, LLC
Lee Thomason
Address: One Town Square Blvd., Suite 330
Asheville, NC 28803
Telephone Number: 828-209-2000
E-mail: lthomason(dbihmorefarms.com
Size (acres) 165
Nearest Waterway Fourmile Branch
USGS HUC 06010105
Nearest Town Asheville
River Basin French Broad -Holston
Coordinates Latitude:35.518850
Longitude:-82.517650
Location description: The site is located at approximatelv 2352 Sweeten Creek Road, 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 12/19/2018 (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 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.

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
2019-01017
❑ 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
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(dusace. army.mil.
C. Basis for Determination: See the preliminary jurisdictional determination form dated 11/06/2019.
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 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Digitally signed by
FUEMMELER.AMAND FUEMMELER.AMANDA.JONES.124
A.JONES.1242835090 2835090
Date: 2019.11.06 07:16:50-05'00'
Date of JD: 11/06/2019 Expiration Date of JD: Not applicable

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Sweeten Creek Road Tract (+/- 165 AC)
;.;%
Project Boundary
N
J
f
Potential Non-Wetland\�\ .
r t Waters of the US
Potential Wetland r $N i �� �; Potential Non -Wetland
Waters of the US / _ \ - �' Waters of the US
--
Potential Wetland
Waters of the US
SZ
/ W1 S2 W2
j W8 W7� • r
/ Wg W3 IF W6
j/ S4 W5
Potential Wetland /R /
/ r Waters of the US \
Potential Non -Wetland
Waters of the US
S
Potential Non -Wetland
Potential Non -Wetland
Waters of the US
Potential Wetland
-/ Waters of the US
Z
7-
Potential Non -Wetland
Waters of the US
i IW15 WA6
SNI_
$NO
/i Potential Wetland Waters of *FPF&**
r UJaters of the US
a0 Potential Non -Wetland
t Waters of the US
Jurisdictional wetlands and waters identified on this•map have been
_---mot located within sub -meter accuracy utilizing a Trimble mapping grade
Global Positioning System (GPS) and the subsequent differential
rre coction of that data. GPS points may demonstrate uncomectable
errors due to topography, vegetative cover, and/or multipath signal
error.
Note: The illustrated weland 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
•'�s (Corps) is the only agency that can make final decisions regarding
jurisdictional wetland and waters ofthe US delineations. Therefore, all
preliminary determinations are subject to change until written
verifcafion is obtained. CEC strongly recommends that written
Legend
Culvert
- Stream (Potential Non -Wetland Waters ofthe US)
Linear Wetland (Potential Non -Wetland Waters ofthe US )
■ Wetland (Potential Non -Wetland Waters ofthe US )
LProject Boundary
Contours(20ft)
Drawn by. b\W 12.20.18; CEC Project# 1004
Potentially Jurisdictional Water
Wetland (AC)
Stream (LF)
W 1
0.028
W 10
0.076
S l
379
S 10
870
W2
0.007
Wll
0.003
S2
3302
Sll
522
W3
0.020
W12
0.011
S3
413
S12
1275
W4
0.002
W13
0.005
S4
1253
W 5
0.003
W 14
0.007
S5
510
W 6
0.005
W 15
0.009
S6
417
W7
0.013
W16
0.005
S7
518
W 8
0.039
W 17
0.011
S8
294
W9
0.499
S9
1 1539
Total
0.743
Total
11,292
r
verifcafion be obtained from the Corps prior to closing on the property,
beginning any site work, or making any legal reliance on this
determination.
This map was prepared by CEC using the best information available to
CEC at the time of production. This map is for informational purposes
only and should not be used to determine precise boundaries,
roadways, property boundary lines, nor legal descriptions. This map
shall not be construed to be an official survey of any data depicted.
Source Data: Project Boundary- Froumoy Development
Topo-Buncombe County GIs
Aerial-NCCGIA
0 250 500 1,000
Feet
CLearWaker Stream and Wetland
Buncombe County, Delineation Map
North Carolina 32 Clayton Street Delineated 12/18 & 19/2018
Asheville, North Carolina 28801 Figure 5

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Appendix B:
Federally Protected Species Information
And Habitat Assessment

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Sweeten Creek Road Tract
Approximately 133 Acres
Buncombe County, NC
Threatened and Endangered Species Review and Habitat Assessment
Prepared For
WGLA Engineering, PLLC
724 51" Avenue W
Hendersonville, NC 28739
Prepared By
ClearWater, an EnviroScience Company
145 7t" Avenue W
Suite B
Hendersonville, NC 28792
January 20, 2022

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
Table of Contents
1.0
INTRODUCTION..................................................................................................................
2
2.0
METHODOLOGY.................................................................................................................
2
3.0
HABITAT CLASSIFICATION................................................................................................
3
3.1
Oak -Hickory Forest...........................................................................................................
3
3.2
Pine -Oak Forest................................................................................................................
4
3.3
Acidic Cove Forest............................................................................................................
4
3.4
Bottomland Hardwood Forest Wetland.............................................................................
5
3.5
Soils...................................................................................................................................6
4.0
PROTECTED SPECIES.......................................................................................................
6
4.1
Appalachian Elktoe...........................................................................................................
6
4.2
Bald Eagle.........................................................................................................................
7
4.3
Bog Turtle..........................................................................................................................
7
4.4
Gray Bat............................................................................................................................
8
4.5
Mountain Sweet Pitcher Plant...........................................................................................
9
4.6
Northern Long-eared Bat..................................................................................................
9
4.7
Rock Gnome Lichen........................................................................................................
10
4.8
Virginia Spiraea...............................................................................................................
10
5.0
CONCLUSION AND RECOMMENDATIONS.....................................................................
11
List of Tables
Table 1: US Fish and Wildlife Service IPaC - Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
List of Figures
Figure 1:
Site Vicinity Map
Figure 2:
USGS Topographic Map
Figure 3:
Study Area Map
Figure 4:
NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and INC
Natural Heritage Program Data
Appendix B: Photolog
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1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species survey and habitat assessment for the proposed approximately 133-acre project
known as the Sweeten Creek Road Tract. The study area occupies an entirely forested
tract along the east side of Sweeten Creek Road (NC-25), south of the Blue Ridge
Parkway, in Asheville, Buncombe County, North Carolina (Figure 1). The site ranges in
elevation from 2288 feet to 2630 feet above mean sea level (MSL) (Figure 2).
The threatened and endangered species habitat survey was conducted to determine the
potential for existence of federally listed threatened and endangered flora and fauna to
occur within the study area (Figure 3). Completion of this survey was directed by and
complies with three current state and federal regulations: the Federal Endangered Species
Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S.
Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979
(N.C.G.S. Sect. 19b 106: 202.12-22).
2.0 METHODOLOGY
The protected species surveys and habitat assessment was conducted on September 22,
2021, on the approximately 133-acre project by ClearWater, an EnviroScience Company
(ClearWater).
An official species list was obtained through the US Fish and Wildlife Service (FWS)
Information and Planning and Consultation (IPaC) on September 7, 2021. This species list
provides existing data concerning the presence or potential occurrence of threatened or
endangered species in the defined project boundary (Appendix A). The FWS lists seven (7)
federally threatened and endangered species, as well as the bald eagle, as potentially
occurring within the project boundary. Additionally, the IPaC letter indicated that there are
no "Critical Habitats" within the project boundary under the jurisdiction of the FWS.
Table 1. USFWS IPaC generated Official Species List for federally protected species listed as
potentially occurring within the project boundary.
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bald Eagle
Heliaeetus leucocephalus
BGPA'
Bog turtle
Glyptemys muhlenbergii
Threatened (S/A) 2
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcherplant
Sarracenia rubra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Rock gnome lichen
Gymnoderma lineare
Endangered
Virginia spiraea
Spiraea virginiana
Threatened
' Protected by the Bald and Golden Eagle Protection Act.
2 Threatened due to similar appearance; not subject to Section 7 consultation.
A database search from the NC Natural Heritage Program (NHP) dated September 7, 2021
provided existing data concerning the presence or potential occurrences of federal and
state listed species in Buncombe County, North Carolina within one mile of the site
(Appendix A).
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The NHP indicates element occurrences (EO) for bunched arrowhead (Sagittaria
fasciculata) within a one -mile radius of the study area. The EO for bunched arrowhead is a
low accuracy, historic record; last observed in 1896. No other threatened or endangered
species EOs were found in the NHP database as occurring within one mile of the project
boundary.
In addition, the NCNHP provided information on natural areas that have been documented
within the project area or within a one -mile radius of the project area. The NCNHP letter
revealed that no natural areas are documented in the project area or within a one -mile
radius of the site.
3.0 HABITAT CLASSIFICATION
During pedestrian field surveys conducted by ClearWater biologists, site habitats were
identified and compared with recognized habitats for the eight federally protected species
potentially occurring on the site. Flora was identified to the taxonomic unit level necessary
to determine if the observed specimen was a protected species. During the site visit on
September 22, 2021, ClearWater biologists identified four (4) habitats: oak -hickory forest,
pine -oak forest, acidic cove forest, and bottomland hardwood forest wetland. A general
overview of the site and descriptions of each habitat type are included below.
The project site covers approximately 133 acres and is entirely forested. A dry ridge
extending from Busbee Mountain bisects the site. To the north of the ridge, Fourmile
Branch (Class C) originates within the project boundary. Several unnamed tributaries to
Fourmile Branch are located within the valley bottom. South of the ridge, two unnamed
tributaries to Dingle Creek (Class C) are located within isolated valleys. Most of the project
site occupies a dry hilltop and upland slopes above Fourmile Branch.
The reach of Fourmile Branch within the project area is on 4-6 feet wide average, and the
substrate consists primarily of sand, silt, and some gravel.
3.1 Oak -Hickory Forest
The oak -hickory forest contains a variety of species common to both piedmont
and montane oak -hickory forests. Mature canopy trees are present and dense
thought this habitat. White oak (Quercus albs), mockernut hickory (Carya
tomentosa), pignut hickory (Carya glabra), tulip poplar (Liriodendron tulipifera),
and sourwood (Oxydendrum arboreum) dominate the canopy. Additional canopy
tree species observed include northern red oak (Quercus rubra), chestnut oak
(Quercus montana), sassafrass (Sassafras albidum), red maple (Acer rubrum),
blackgum (Nyssa sylvatica), shortleaf pine (Pinus echinata), American beech
(Fagus grandifolia), black cherry (Prunus serotina), white pine (Pinus strobus),
red mulberry (Morus rubra), and sweet birch (Betula lenta).
The oak -hickory forest understory ranges from sparse to moderately dense. The
understory becomes increasingly dense near roadways and as it transitions to
acidic cove forest in natural crenulations. White pine saplings and spicebush
(Lindera sp.) are the most prevalent species in the understory. Additionally, the
shrub and sapling stratum is composed of American holly (Ilex opaca), red
mulberry, sassafras, blackjack oak (Quercus marilandica), bush honeysuckle
(Lonicera tatarica), boxwood (Buxus sp.), white ash (Fraxinus americans), maple
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leaf viburnum (Viburnum acerifolium), and American chestnut (Castanea
dentata).
The herbaceous layer is sparse, but transitions to moderately dense near the
roadways and valleys. The most dominant herbs include striped wintergreen
(Chimaphila maculata) Virginia creeper (Parthenocissus quiquefolia) rattlesnake
root (Nabalus sp.), Christmas fern (Polystichum acrostichoides), tick -trefoil
(Desmodium sp.), and partridge berry (Mitchella repens). Additional herbaceous
species observed include Indian cucumber root (Medeola virginiana), poison ivy
(Toxicodendron radicans), downy rattlesnake plantain (Goodyera pubescens),
hog peanut (Amphicarpaea bracteata), Japanese stiltgrass (Microstegium
vimineum), rattlesnake root (Prenanthes sp.), red maple, hay -scented fern
(Dennstaedtia punctilobula), galax (Galax sp.), trailing arbutus (Epigaea repens),
wild strawberry (Fragaria vesca), twisted stalk (Streptopus amplexifolius), dwarf
iris (Iris verna), false solomon's-seal (Maianthemum racemosum), Indian tobacco
(Lobelia inflata), trillium (Trillium sp.), agrimony (Agrimonia sp.), skullcap
(scutellaria sp.), aster (symphyotrichum sp.), northern beech fern (Phegoteris
connectilis), whorled loosestrife (Lysimachia quadrifolia), tall meadow rue
(Thalictrum dasycarpum), and maidenhair fern (Adiantum sp.).
The sparse cover of vines observed include oriental bittersweet (Celastrus
orbiculatus) and wineberry (Rubus phoenicaolasius).
3.2 Pine -Oak Forest
On north facing slopes throughout the center of the project area the canopy
noticeably shifts to include white pine and chestnut oaks, while excluding white
oak and hickories. It is unclear whether the dominance of white pine in these
areas is the result of natural succession or disturbance due to nearby plantings
and/or historic logging activities.
The canopy throughout this habitat is dominated by white pine, chestnut oak,
northern red oak, and sourwood. Additional tree species observed include red
maple, shortleaf pine (Pinus echinata). The understory is moderately dense and
is dominated by sourwood and white pine. Red maple, sassafras, heath shrubs
(Vaccinium sp.), American holly, chestnut oak, and mountain laurel (Kalmia
latifolia) were also observed in the understory. The herbaceous layer is sparse
throughout the pine -oak forest and was primarily dominated by Christmas fern
and striped wintergreen. Additional species observed in the herbaceous layer
include Indian cucumber root, northern red oak, roundleaf greenbrier (Smilax
rotundifolia), red maple, wild yam (Dioscorea villosa), galax, and trailing arbutus.
3.3 Acidic Cove Forest
The natural valleys and coves surrounding the streams within the project area
presented a third habitat type. These areas most closely resemble the communities
of acidic cove forest. The canopy of within this habitat is dominated by tulip poplar
and red maple. Additional trees observed include black cherry and sweet birch.
Understory species observed include mockernut hickory, strawberry bush
(Euonymus americana), red maple, multiflora rose (Rosa multiflora), flowering
dogwood, tree of heaven, American witchhazel (Hamamelis virginiana), and
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spicebush. The herbaceous layer consists of black cohosh (Actaea racemose),
bloodroot (Sanguinaria sp.), hay -scented fern, Christmas fern, Chinese privet
(Ligustrum sinense), twisted stalk (Streptopus amplexifolius), jack-in-the-pulpit
(Arisaema triphyllum), blackberry (Rubus sp.), multiflora rose, sedges (Carex sp.),
bellwort (Uvularia sp.), wild comfrey (Cynoglossum sp.), golden ragwort (Packers
aurea), and English ivy (Hedera helix).
3.4 Bottomland Hardwood Forest Wetland
Several small wetlands and wetland complexes are scattered throughout the project
site. All wetlands occur in depressions or valley bottoms adjacent to the streams on -
site where conditions are locally saturated. The soils are mostly mucky mineral with
sparse pockets of high organic content.
Trees are present in the wetland and include red maple, poplar, ironwood, and
black gum. Canopy cover in these forested wetlands was high and consistent with
the surrounding acidic cove forest. The understory was dominated by characteristic
wet, acid -loving species. The dominant species in the understory include heath
shrubs (Vaccinium spp.), great rhododendron (Rhododendron maximum), and
possumhaw viburnum (Viburnum nudum). Additional species observed in the
understory include green ash (Fraxinus americans), sourwood, American
witchhazel, white oak, elderberry (Sambucus sp.), and spicebush. The herb layer
was also dominated acid -tolerant species such as Cinnamon fern (Osmunda
cinnamomea), royal fern (Osmunda spectabilis), yellow root (Xanthorhiza
simplicissima), green bog orchid (Platanthera huronensis), mountain doghobble
(Leucothoe fontanesiana), white turtlehead (Chelone glabra), and blue skullcap
(Scutellaria laterifolia). Additional herbs observed throughout the wetland areas
include lily (Lilium sp.), New York Fern (Thelypteris noveboracensis), cowbane
(Oxypolis rigidior), clearweed (Piles pumila), water horehound (Lycopus
americanus), smartweed (Polygonum sp.), sedges (Carex spp.), jewelweed
(Impatiens capensis), mountain brook lettuce (Micranthes micranthidifolia), cutleaf
coneflower (Rudbeckia laciniata), common rush (Juncus effusus), great blue lobelia
(Lobelia siphilitica), meadow -rue (Thalictrum sp)., three-way sedge (Dulichium
arundinaceum), goldenrod (Solidago sp.), bugleweed (Lycopus virginicus),
Japanese stiltgrass, poison ivy, American holly, and roundleaf greenbrier.
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Project #1004 Sweeten Creek Road Tract

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3.5 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Buncombe
County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2021).
Table 2. USDA Soil Units occurring within the project boundary.
Map Unit Symbol
Map Unit Name
EdE
Edneyville-Chestnut Complex, basin, 30-50% slopes, stony
EwC
Evard-Cowee Complex, basin, 8-15% slopes, stony
EwD
Evard-Cowee Complex, basin, 15-30% slopes, stony
EwE
Evard-Cowee Complex, basin, 30-50% slopes, stony
EwF
Evard-Cowee Complex, basin, 50-95% slopes, stony
ExD
Evard-Cowee-Urban land Complex, 15-30% slopes
TO
Tate loam, basin, 15-30% slopes, very stony
TmD
Tate -Urban land complex, 15-30% slopes
TpE
Toecane-Tusquitee complex, 30-50% slopes, very bouldery
UhE
Udorthents-Urban land complex, 2-50% slopes
4.0 PROTECTED SPECIES
The following is a brief description of each federally listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species.
4.1 Appalachian Elktoe
Federally listed as endangered, the
Appalachian elktoe (Alismidonta
raveniliana) has a thin but not fragile,
kidney -shape shell, reaching up to
about 3.2 inches in length, 1.4 inches
in height, and 1.0 inch wide (Clarke
1981). Juveniles generally have a
yellowish -brown periostracum (outer
shell surface) while the periostracum of
the adults is usually dark brown to
greenish -black in color. Although rays
are prominent on some shells, particularly in the posterior portion of the shell,
many individuals have only obscure greenish rays. The shell nacre (inside shell
surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or
brownish color in the central and beak cavity portions of the shell; some
specimens may be marked with irregular brownish blotches (adapted from Clarke
1981). Only two populations of the species are known to survive. The healthiest
of these populations exists in the main stem of the Little Tennessee River
between Emory Lake at Franklin, Macon County, North Carolina, and Fontana
Reservoir in Swain County, North Carolina. The second population occurs in the
Nolichucky River system. The Appalachian elktoe has been reported from
relatively shallow, medium-sized creeks and rivers with cool, well -oxygenated,
moderate- to fast -flowing water. It has been observed in gravelly substrates
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often mixed with cobble and boulders, in cracks in bedrock, and occasionally in
relatively silt -free, coarse, sandy substrates (Department of the Interior 1994).
Suitable habitat for Appalachian elktoe is not present within the study area. The
reach of Fourmile Branch within the project boundary is too small and disturbed
to support populations of Appalachian elktoe. No mussel species were observed
within Fourmile Branch or its tributaries during the habitat assessment. The
substrate is composed primarily of silt, sand, and gravel; therefore, the tributaries
on site do not provide suitable habitat for Appalachian elktoe.
It is the opinion of ClearWater that the proposed project is not likely to adversely
affect the Appalachian elktoe.
4.2 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently.
Bald and Golden eagles are protected under the Migratory Bird Treaty Act
(MBTA) and the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male
eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6
feet. Sometimes confused with golden eagles, bald eagles are mostly dark brown
until they are four to five years old and acquire their characteristic coloring.
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
rivers, and some seacoasts. In winter, the birds congregate near open water in
tall trees for spotting prey and night roosts for sheltering.
Based on a desktop review using 2019 aerial imagery, no potentially suitable
feeding sources for bald eagles are within a one -mile radius of the project
boundary. Bald eagles typically nest within one mile of suitable feeding sources.
Due to a lack of potentially suitable feeding sources and no recorded EOs within
one mile of the project, it is the opinion of ClearWater that the proposed project is
not likely to disturb nesting bald eagles.
4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is federally
listed as threatened in North Carolina. This is the
smallest emydid turtle, and one of the smallest
turtles in the world. Adult carapace length is 7.9 to
11.4 cm (3.1 to 4.5 inches). The dark brown or
black carapace may be marked with radiating light
lines or a light blotch on the vertebral and pleural
scutes. Scute annuli are usually prominent in
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juvenile and young adult specimens, but the carapace may be nearly smooth in
old adults. The head, neck, and limbs are typically dark brown with variable
reddish to yellow spots and streaks. A large reddish -orange to yellow blotch is
visible behind and above each tympanum, sometimes merging into a continuous
band on the neck. The upper jaw is weakly notched. The plastron is brown or
black, but often with lighter yellow blotches towards the medial and anterior scute
edges. A mature male bog turtle has a concave plastron and a long, thick tail,
with the vent posterior to the rear edge of the carapace with tail extended. The
female has a flat plastron and a thinner, smaller tail, with the vent at or beneath
the rear carapace edge.
The southern population of the bog turtle, ranging from southern Virginia to
northern Georgia, is also protected with a threatened designation because its
physical appearance is similar to the northern population. The southern bog
turtle population is separated from the northern population by approximately 250
miles. However, individual bog turtles in the southern population closely
resemble individuals in the northern bog turtle population, causing difficulty in
enforcing prohibitions protecting the northern population. Therefore, the FWS
has designated the southern population as "threatened (similarity of
appearance)." This designation prohibits collecting individual turtles from this
population and bans interstate and international commercial trade. It has no
effect on land management activities of private landowners in southern states
where the bog turtle lives.
Potentially suitable habitat for bog turtle was not found on site. The wetlands on
site are forested and shaded by tall canopy trees. Additionally, the northern
population of bog turtle does not occur in North Carolina. It is of the opinion of
ClearWater that the proposed project is not likely to adversely affect northern bog
turtle.
4.4 Gray Bat
The gray bat (Myotis grisescens) is the largest member of its genus in the eastern
United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It
is easily distinguished from all other bats within its range by its mono -colored fur.
All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following
molt in July or August, gray bats are dark gray, but they often bleach to chestnut
brown or russet between molts (especially apparent in reproductive females
during May and June). The wing membrane connects to the foot at the ankle
rather than at the base of the first toe, as in other species of Myotis. Gray bats
roost in caves year-round. Most winter caves are deep and vertical; all provide
large volume below the lowest entrance and act as cold air traps. A much wider
variety of cave types are used during spring and fall transient periods. In
summer, maternity colonies prefer caves that act as warm air traps or that
provide restricted rooms or domed ceilings that are capable of trapping the
combined body heat from thousands of clustered individuals.
No naturally occurring suitable habitat (caves) for the gray bat was observed on
this site. It is of the opinion of ClearWater that this project is not likely to
adversely affect gray bat.
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4.5 Mountain Sweet Pitcher Plant
Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous
perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling
flowers. The leaves contain liquid and enzymes, and when insects fall into them,
they are digested, and the nutrients are incorporated into the plant's tissues. The
evolutionary role of carnivory in such plants is not fully understood, but some
evidence indicates that absorption of minerals from insect prey may allow
carnivorous species to compete in nutrient -poor habitats. The unusual red
flowers (yellow in rare cases) appear from April to June, with fruits ripening in
August. Flowering plants reach heights of 29 inches. Very little specific
information is available on the biology of the mountain sweet pitcher plant. Like
other pitcher plants, it has rhizomes that are likely long-lived and capable of
persisting and reproducing vegetatively for decades without producing seedlings.
Mountain sweet pitcher plant typically occurs in mountain bogs and is known
from a small number of counties in upstate South Carolina and southwest North
Carolina.
Potentially suitable habitat for the mountain sweet pitcher plant was not observed
on site. No mountain bogs are present. No members of the Sarracenia genus
were observed in any of the wetlands on site. The survey was conducted during
the USFWS designated optimal survey window for the mountain sweet pitcher
plant (April -October). It is the opinion of ClearWater that the proposed project is
not likely to adversely affect mountain sweet pitcher plant.
4.6 Northern Long-eared Bat
The Northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized
bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its
name suggests, this bat is distinguished by its long ears, particularly as
compared to other bats in its genus, Myotis, which are actually bats noted for
their small ears (Myotis means mouse -eared). The NLEB is found across much
of the eastern and north central United States and all Canadian provinces from
the Atlantic coast west to the southern Northwest Territories and eastern British
Columbia. NLEBs spend winter hibernating in caves and mines, called
hibernacula. They typically use large caves or mines with large passages and
entrances; constant temperatures; and high humidity with no air currents.
Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose
bark of live or dead trees typically greater than three inches DBH (diameter at
breast height).
No naturally occurring suitable wintering habitat (caves) for the NLEB exists
within the project boundary. Potentially suitable summer habitat for NLEBs was
observed on site in the form of mature trees and large snags in the forested
areas.
ClearWater consulted the FWS's maps of North Carolina counties that contain
confirmed hibernation or maternity sites for NLEB. Buncombe County is not
known to contain hibernacula or maternity roosts. Therefore, this project satisfies
the 4(d) rule and consultation with US Fish and Wildlife Service (USFWS) is not
required.
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4.7 Rock Gnome Lichen
Federally listed as an endangered species, rock gnome lichen (Gymnoderma
lineare) occurs on rocks in areas of high humidity either at high elevations
(usually vertical cliff faces) or on boulders and large rock outcrops in deep river
gorges at lower elevations. Distinguishing characteristics include dense colonies
of narrow (.04 inch) straps that are blue -grey on the upper surface and generally
shiny -white on the lower surface. Near the base they grade to black (the similar
species of Squamulose cladonias are never blackened toward the base).
Fruiting bodies are borne at the tips of the straps and are black (similar Cladonia
species have brown or red fruiting bodies). Flowering occurs July through
September.
Suitable habitat for this species was not observed in the project area. Large rock
outcrops do not exist on the project site. Additionally, the site does not exceed
2,650 feet in elevation. Most known populations of rock gnome lichen occur
above 5,000 feet in elevation. It is the opinion of ClearWater that this project is
not likely to adversely affect rock gnome lichen.
4.8 Virginia Spiraea
Virginia spiraea (Spiraea virginiana) is a perennial shrub
with many branches. This shrub has alternate leaves that
are serrated and are typically 1 to 6 inches long and 1 to 2
inches wide. The leaves are occasionally curved have a
narrow, moderately tapered base, and are typically darker
green above than below. It grows 3 to 10 feet tall. The
plant produces yellowish green to pale white flowers, with
stamens twice the length of the sepal. Virginia spiraea
blooms from late May to late July, but flower production is
sparse and does not begin until after the first year of
establishment. The plant has a clonal root system that can
fragment and produce additional individuals. Reproduction
via root fragmentation is more common than reproduction
by seed dispersal or flower pollination for this species.
Virginia spiraea often occurs along rivers and streams and is known from seven
counties in Western North Carolina. It relies on periodic disturbances, such as
scouring events, to eliminate competition from other woody species and trees.
Virginia spiraea is found in the mountain regions of Ohio, Kentucky, Virginia,
West Virginia, Georgia, Tennessee, and North Carolina.
Potentially suitable habitat for Virginia Spiraea was not observed on site. The
largest stream on site is Fourmile Branch which is at most 4-6 feet wide within
the project boundary. All tributaries within the project site also lack the scoured
bank habitat that Virginia spiraea typically requires. Therefore, it is of the opinion
of ClearWater that this project is not likely to adversely affect Virginia spiraea.
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5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessments for the
Sweeten Creek Road tract, ClearWater observed potentially suitable summer habitat for
the northern long-eared bat. However, based on the project location, this project satisfies
the 4(d) rule for the northern long-eared bat and consultation with US Fish and Wildlife
Service (USFWS) is not required.
Potential flora were identified to the taxonomic unit level necessary to determine if the
observed specimen was a protected species.
It is of the opinion of ClearWater that the development of the Sweeten Creek Road tract is
not likely to adversely affect federally protected species listed as potentially occurring within
the project boundary.
Because of the transitory nature of some of the listed threatened and endangered species
and the particular flower/fruiting periods of some plants; it is possible that endangered
species populations and locations may change over time. Therefore, any potential findings
at a later date should be fully investigated and coordinated with appropriate agencies to
prevent potential adverse impacts.
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6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2021.
https://ncnhde.natureserve.org/; Accessed September 2021
NCWRC. 2020. Appalachian Elktoe Distribution.
https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian-Elktoe#3017843-
distribution; Accessed May 2021.
NRCS (Natural Resources Conservation Service). 2021. Web Soil Survey for Buncombe
County. https://websoilsurvey.sc.egov.usda.qov/App/WebSoilSurvey.aspx; Accessed
September 2021.
USFWS. 1992. Virginia Spiraea (Spiraea virginiana Britton) Recovery Plan.
USFWS. 1997. Gray Bat Factsheet.
https://www.fws.gov/midwest/endangered/mammals/pdf/pray-bat.pdf; Accessed
September 2021.
USFWS. 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans)
Yoshimura and Sharp. Atlanta, GA. 30 pp.
USFWS. 2007. Bald Eagle Fact Sheet. https://www.fws.qov/migratorybirds/pdf/management/bald-
eagle-fact-sheet.pdf; Accessed September 2021.
USFWS. 2011. Bog Turtle Fact Sheet. https://www.fws.,qov/southeast/pdf/fact-sheet/bog-
turtle.pdf; Accessed September 2021.
USFWS. 2011. Mountain Sweet Pitcher Plant Fact Sheet.
https://www.fws.qov/asheville/pdfs/MtSweetPitcherPlant factsheet.pdf; Accessed
September 2021.
USFWS. 2011. Rock Gnome Lichen Fact Sheet. https://www.fws.gov/southeast/pdf/fact-
sheet/rock-qnome-lichen.pdf; Accessed September 2021.
USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service:
Bald Eagle Protection Act of 1940. https://www.fws.,qov/laws/lawsdigest/baldeql.html.
Accessed September 2021.
USFWS. 2019. Appalachian Elktoe. https://www.fws.,qov/southeast/wildlife/mussels/appalachian-
elktoe/; Accessed September 2021.
USFWS. 2019. Bog Turtle. https://www.fws..qov/northeast/nvfo/es/bo.qturtle.htm; Accessed
September 2021.
USFWS. 2021. Critical Habitat Interactive Mapper.
https://www.arcgis.com/home/webmap/viewer.html?url=https://services.arcqis.com/QVEN
GdaPbd4LUkLV/ArcGIS/rest/services/USFWS Critical Habitat/FeatureServer&source=s
d. Accessed September 2021.
USWFS Asheville Field Office. 2016. Northern long-eared bat - what it means for you project.
https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html; Accessed
September 2021.
USFWS Information, Planning, and Consultation System. 2021. https://ecos.fws.gov/ipac/;
Accessed September 2021.
USFWS Midwest Region. 2015. Northern Long-eared Bat Fact Sheet.
https://www.fws.gov/Midwest/endangered/mammals/nleb/pdf/NLEBFactSheet0l April20l
5.pdf; Accessed September 2021.
USFWS Raleigh Ecological Services Field Office. 2018. Optimal Survey Windows for North
Carolina's Federally Threatened, Endangered, and At Risk Plants.
https://www.fws.gov/raleigh/pdfs/Optimal Survey Windows for listed plants.pdf;
Accessed September 2021.
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Appendix A:
US Fish and Wildlife Service IPaC -
Official Species List and NC Natural
Heritage Program Data
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* EN
■0 M NC DEPARTMENT OF
an ■■ NATURAL AND CULTURAL RESOURCES
■ Earn
September 7, 2021
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: Sweeten Creek Rd Tract; 1004 2021
Dear ClearWater Environmental Consultants. Inc.:
Roy Cooper, Governor
D. Reid Wilson, Secretary
Walter Clark
Director, Division of Land and Water Stewardship
NCNHDE-15630
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, Land and Water 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 rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREET. RALEIGH_ NC 27603 • 1651 MAIL SERVICE C£NT£R. PAL DGH. rFC 27699
OFC 919.707.9120 • FAX [phone]

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DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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: September 07, 2021
Consultation Code: 04EN1000-2021-SLI-1206
Event Code: 04EN1000-2021-E-02653
Project Name: Sweeten Creek Road Tract
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: F3553A5F-88F5-42EA-B771-46CF506195B0
09/07/2021 Event Code: 04EN1000-2021-E-02653
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.

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09/07/2021 Event Code: 04EN1000-2021-E-02653 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: F3553A5F-88F5-42EA-B771-46CF506195B0
09/07/2021 Event Code: 04EN1000-2021-E-02653
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: F3553A5F-88F5-42EA-B771-46CF506195B0
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2
Project Summary
Consultation Code: 04EN1000-2021-SLI-1206
Event Code: Some(04EN1000-2021-E-02653)
Project Name: Sweeten Creek Road Tract
Project Type: DEVELOPMENT
Project Description: Site proposed for residential development.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www. google.com/maps/(c►)35.51926265,-82.51719661440225,14z
F'
glwe•Ri#�3
#A
Rear ` Rark Ak
Counties: Buncombe County, North Carolina

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
09/07/2021
went Code: 04EN1000-2021-E-02653
3
Endangered Species Act Species
There is a total of 8 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: F3553A5F-88F5-42EA-B771-46CF506195B0
09/07/2021 Event Code: 04EN1000-2021-E-02653
4
Insects
IT A A ?TT
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
I T A I -
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
IT A I -
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
STATUS
Candidate
STATUS
Endangered
Threatened
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
09/07/2021 Event Code: 04EN1000-2021-E-02653
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act! 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 Treat. 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.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Cerulean Warbler Dendroica cerulea Breeds Apr 27
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/297

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Event Code: 04EN1000-2021-E-02653
2
BREEDING
NAME
SEASON
Golden -winged Warbler Uermivora chrysoptera
Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/8745
Kentucky Warbler Oporornis formosus
Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 20
and Alaska.
Prairie Warbler Dendroica discolor Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Red-headed Woodpecker Melanerpes erythrocephalus 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) only in particular Bird Conservation Regions elsewhere
(BCRs) in the continental USA
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.
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:
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
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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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 (1)
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.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
Vulnerable ���� ���� ■■■1 i+m+m+m MEME MEME MEME EMEM d■ ■ �1� on ■OME
Cerulean warbler
BCC Rangewide
— — — -
- — — -
- — — -
- — —
I IF ""I III-
---- — — — -
- — — -
- — — -
- — — —
(CON)
Golden -winged
Warbler ++++ ++++ ++++ ++++ +++ ++++ ++++ ­+­+ ++++ ++++ ++++
BCC Rangewide
(CON)
WarblerKentucky BCC Rangewide----
(CON)

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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Prairie Warbler FEE Er
BCC Rangewide ++++ ++++ ++++ ++++ 1+++ ++++ ++++ —+—+ ++++ ++++
(CON) AMMM MMMM &�
Red-headed 0 I "
Woodpecker +-� � � � � � � +++
BCC Rangewide
(CON)
Rusty Blackbird ++++ +,++ ++++ ++++ ++++ ++++ ++++ —+­+ ++++ +--- ++++ ++++
BCC -BCR
Wood Thrush
BCC Rangewide ++++ ++++ ++++ +++"�'�
(CON) �— ---- ----
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/migratoDLbirds/pdf/
irds/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 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
(BCQ 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

DocuSign Envelope ID: F3553A5F-88F5-42EA-B771-46CF506195B0
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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
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

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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.

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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

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Appendix B:
Photolog
C1earWater, an EnviroScience Company Page 14
Project 91004 Sweeten Creek Road Tract

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Photo 3 Typical view ofacidic cover forest nnsite.
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Photo ± Vie of typical bn#nm«n# hardwood forest wetland on site

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Photo 5. Representative view of streams on site with surrounding acidic cove forest.