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HomeMy WebLinkAbout20221147 Ver 1_USACE Permit_20221017U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2022-01262 County: Buncombe U.S.G.S. Quad: Skyland GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Ambach Communities, LLC / Attn: Mark Ambach Address: 740 Hibiscus Street Boca Raton, FL 33486 Telephone Number: 561-322-9264 Size (acres): Nearest Waterway: River Basin/HUC: 41.86 UT to Line Creek French Broad Nearest Town: Boca Raton Coordinates: 35.441570 -82.575006 Location description: The site is located at 2177 Brevard Road, in Arden, NC. Description of projects area and activity: This permit authorizes placement of fill for a multi -family residential development. Impacts to wetlands authorized total 0.017 acre. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP #29 SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions, above noted special conditions, and your submitted application and attached information dated August 23, 2022. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 828-296-4500) to determine Section 401 requirements. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Amanda Jones at 828-271-7980, ext. 4225 or amanda.jones@usace.army.mil. Corps Regulatory Official: anda Jones Expiration Date of Verification: March 15, 2026 Date: October 17, 2022 CESAW-RG-A 2022-01262 Determination of Jurisdiction: A. ® There are waters, including wetlands, on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. B. ❑ There are Navigable Waters of the United States within the above described project area 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 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. C. ❑ There are waters, including wetlands, within the above described project area that are 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. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: See attached preliminary jurisdictional determination form and Figure 3 (Delineation Map). Remarks: 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 and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn. Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 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. CESAW-RG-A 2022-01262 **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: Issue Date of JD: October 17, 2022 Expiration Date of JD: N/A Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey located at: https://regulatory.ops.usace.army.mil/customer-service-survey/ Copy furnished: McGill Associates, PA / Attn: Jon Swaim (via email) CESAW-RG-A 2022-01262 Action ID Number: 2022-01262 County: Buncombe Permittee: Ambach Communities, LLC / Attn: Mark Ambach Project Name: Creekside Community / NWP #29 Date Verification Issued: October 17, 2022 Project Manager: Amanda Jones Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: Amanda Jones 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date P:\2022\22.00105-AMBACHCOM-BREVARD RD DEV ELOPMENT\DRAWINGS\S CREEKSIDE COMMUNITY AMBACH COMMUNITIES, LLC mcijill Marzozz BUNCOMBE COUNTY, NORTH CAROLINA VICINITY MAP NOT TO SCALE J PRELIMINARY - FOR REVIEW PURPOSES ONLY - DO NOT USE FOR CONSTRUCTION 5400 Trinity Road Suite 107 Raleigh, NC 27607 919.378.9111 NC Firm License # C-0459 mcg illassociates.com DRAWING SCHEDULE Sheet Number Sheet Title G-001 Cover Sheet CE-101 Exisiting Conditions and Demolition Plan Overall C-101 Site Layout Plan Overall C-102 Grading and Erosion Control Plan Overall C-103 Stormwater Plan Overall C-104 Underground Utility Plan Overall CREEKSIDE COMMUNITY mcgill PIN 9633-34-6940 CHRISTINE A DINGIVAN ZONING: R-2 USE: RESIDENTIAL 2290 EXISTING WETLAND PROPOSED PROPERTY LINE / PIN 9633-35-9182 URBANA CLIFFS RE LLC / ZONING: R-2 / USE: RESIDENTIAL 1111\1\\`\ \ 1\ / / / // / 1 I \ 1 \ 1 \ \ \ 1 \ I 1\ \ I I 1 I \ \\ `\ \\ \\ \ \ \ \ 1 \I 1 1 II \V A A v v vv V v V 7/ / \ A l I 11 \\ \\\ \` \ \\ \ \\ \ \ \ I\ / 1 / / 295° IN 9 33-45-�130 E MA IS 2012 TRUST J AN MATHI$I TRUST / Z NING: 1Y 2 / / US/: RESIDENTIAL / / / / i / / ' I I /J4PIN 96 T S LI 2I/ 5 EDM# L MATVIS L1VIN TRUST SHE R/'YL M MATS LIVING TRUSIT ZON: R-21 USE: IDENTIEL 1 / / / 0 sA e/ 9 5.0 ACRE PARCEL TO REMAIN OUTSIDE OF PROJECT LIMITS EXISTING WOODS TO REMAIN \ \_EXISTING WETLAND I I PROPERTY I LINE (TYP.) I I / / I // ,I / EXISTING STRUCTURE ,--' TO BE REMOVED / ( / / / PLAN \N \ \ \ PIN 9633 L PRICE'3 \ 1 ROGER .PRICE \ \ ZONING: 0-4RICE \ EONING R� USE: RESIDENTIAL \ 1 / EXISTING ROAD TO / BE REMOVED / EXISTING STREAM / \ \ \ 7 '\ \ • / 1 1 1 \I 1 1 \\ \ ` \ \ \ \ \\ \ 1 1 \ \ \ \ I \ / / I / , I I , \ \ \ \ \ / I \ \ \ • / / / , I I 11 1/ \\ \ \ \ i ' / Q. I / / \I AI AI A AI / 77 _ 1 � / / / , f \N \ 1 \\ / / / / / Imo— `I I / / 1 \ / / I / �� • / \ \ \ / 4 \\ \ \\ I I / / 1 I I II \\ /\ 11 I 11 \ \\ / / / II / ; 1 1 I /\ \ \\ \ 11 I I --- -' , , / / I 1 \ \ \ I / I I / 1 / I I I J / I I i i I / 7./ / / I V ' / �I / I \ \ 1 1 \ CLEAR EXISTING WOODED AREA I I '\ PIN /9633 133-$6831 1 / CWC/ DEVEL¢PMEI/IT LLL \ I\\ / �1SE: R GGSIOEI�PI AL I \ \ \ \7/ I I \\ \\ \ `�\ \ / \ I\ `s, \\ `\ \ \\ \ \ I I \ \ • \\ \ \\ \ \ \\ \\ \ 1 1 / _ _ \\ \\ `\\ \ _ — 1 N \ \ \\ \ \ EXISTING WETLAND / / / i ll / `�__- - PIN 9633-55-5370 0 ` • -SHAD LAUGHTER • / \ \ KELLY N TER / 1 ZONING: NS / ,, \ �OS6: COMMERCIAL / o ry' \ CLEAR EXISTING WOODED AREA--__ \ \ ___ __•\ 7• �' \ \ /4?? \\ ` EXISTING WOODS TO REMAIN • 5400 Trinity Road Suite 107 Raleigh, NC 27607 919.378.9111 NC Firm License # C-0459 mcg i I lassociates. com / I I 77 \ \ \ 1 \ \ 1 I O DATE DESCRIPTION CREEKSIDE COMMUNITY AMBACH COMMUNITIES, LLC BUNCOMBE COUNTY, NORTH CAROLINA II i L_______ /, ;------- _IT�_ / / 'I/ -- / / / // / I / /' / I / PIN 4633-54,9998 / NJEIL G BISH 14ISTIE,K BISH ZONING: NS / OSE: RESIDENTIAL/ / / / / / / / / / I / I / I tt / PIN 9633-54-9744 03p AV PROPERTY HOLDINGS / ZONING: R-14tLG-- USE: RESIDENTIAL / I CARMEN HERNANDEZ ZONING: R-1 O USE: RESIDENTIAL PIN 9633-54-9203 I JOSEPH ANTHONY RAPOSA NING: 1 USE:ZORESIDENR-TIAL ' PIN 9633-53-5995 WILLIAM IRBY BRINSON'Jji. FAYE R BRINSON • ZONING: R-1 USE: RESIDENTIAL ply 9633-53-962B PICKY ROPERS ;ZONING: EMP Ur: CON14ERCIAL CLARIqL LLC GRAPHIC SCALE DIVISION VALUE = 50 FEET OFFICE MANAGER M. CATHEY PROJECT MANAGER R. WILL 1 DESIGNER G. WOOD REVIEWER R. WILL PRELIMINARY - FOR REVIEW PURPOSES ONLY - DO NOT USE FOR CONSTRUCTION EXISITING CONDITIONS AND DEMOLITION PLAN OVERALL DATE MAY 2022 IPROJECT. 22.00105 IFUNDING N/A SHEET S, LLC - CREEKSIOE COMMUNITY 105-AMBACHCOM BREVARD RD DEVELOPMENT \DRAVANGS\SHEETS\22.00105- 2- SITE LAYOUT PLAN OVERALL.DNG PLOT DATE PROPOSED 24' WIDE ASPHALT ROAD WITH 24- CURB AND GUTTER AT —GRADE WATER TANK 'SINGLE FAMILY HOME' (1 UNIT), TYP 35' / RADIUS EXISTING STREAM EXISTING WETLAND mcgill \ \ 55 Broad Street Asheville, NC 28801 828.252.0575 NC Firm License # C-0459 mcg i I lassociates. com TOWNHOUSE 'A' (8 UNITS), TYP. TOWNHOUSE 'C' (7 UNITS), TYP. 35' RADIUS TOWNHOUSE 'B' (6 UNITS), TYP. 20' SETBACK, TYP. EXISTING WETLAND PROPERTY LINE (TYP) 3 STORY APARTMENT BUILDING 1 — 176 UNITS — 320'x320' PARKING LOT LANDSCAPING AREA (T1'P) - TRASH COMPACTOR AND RECYCUNG ENCLOSURE #2 LARGE DOG PARK '31,350 SF COMMUNITY GARDEN AREA PROPOSED EVERGREEN \ TREE (TYP.) PROPOSED ROAD CENTERLINE (TYP.) SMALL DOG PARK #1 10' WIDE BRIDGE , 3 STORY APARTMENT BUILDING 2 — 80 UNITS — 240'x180' EXISTING STREAM EXISTING WETLAND MAILBOX CLUSTER ') SMALL DOG TRASH COMPACTOR AND RECYCUNG ENCLOSURE #1 PROPOSEDSIDEWALK (TYP.) 10' SETBACK (TYP.) NO. DATE BY DESCRIPTION PROPOSED COMMON AREA PROPOSED RETAINING WALL MAX HEIGHT: 9' Le SINGLE CAR GARAGE (TYP.) TWO CAR GARAGE (TYP.)1 BIG HOUSE (10 UNITS), TYP._ SETBACK, TYP. EXISTING WETLAND BREVARD ROAD RIGHT TURN LANE IMPROVEMENT MAIN ENTRANCE GATE HOUSE BREVARD ROAD LEFT TURN LANE IMPROVEMENT PARKING LOT 'I LANDSCAPING AREA (TYP) 0 II CLUB HOUSE, POOL, AND GRILL AREA iiiii'' —CLUB HOUSE — —POOL — 2,050 S—MAILBOXES INSIDE I„„III (2) PICKLEBALL COURTS I CREEKSIDE COMMUNITY II AMBACH COMMUNITIES, LLC BUNCOMBE COUNTY, NORTH CAROLINA SECONDARY ENTRANCE GATE HOUSE 100 0 50 100 200 GRAPHIC SCALE DIVISION VALUE = 100 FEET OFFICE MANAGER M. CATHEY PROJECT MANAGER R. WILL DESIGNER S. MEEKINS REVIEWER R. WILL NAME AND LOCATION OF PROJECT: CREEKSIDE COMMUNITY 2177 BREVARD ROAD ARDEN, NORTH CAROLINA28704 CURRENT PROPERTY OWNER: THE WEST FAMILY LIMITED PARTNERSHIP 2177 BREVARD ROAD ARDEN, NORTH CAROLINA 28704 PIN NUMBER: 9633-44-7561 PROPOSED PROPERTY OWNER: AMBACH COMMUNITIES LLC, A FLORIDA LLC 740 HIBISCUS STREET BOCA RATON, FL 33486 ZONING DISTRICT: MAX BUILDING HEIGHT: R-2 35' PROPOSED USE: PROPERTY SIZE: RESIDENTIAL 42.07 ACRES PARKING REQUIRED CRITERIA: CLUB HOUSE: 1 SPACE / 300 SF OF GFA POOL: 1 SPACE( 140 SF OF POOL +I SPACE/EMPLOYEE PICKLE BALL COURT: 2 SPACES / COURT MULTIFAMILY: 1.75 SPACES / DWELLING SINGLE FAMILY: 2 SPACES / DWELLING TOWNHOMES: 2 SPACES/DWELLING PARKING REQUIRED: CLUB HOUSE, POOL, & PICKLEBALL COURTS BIG HOUSES 3 STORY APT. BUILDING 1 3 STORY APT. BUILDING 2 SINGLE FAMILY HOUSES TOWNHOUSES TOTAL REQUIRED PARKING PROVIDED: CLUB HOUSE. POOL. & PICKLEBALL COURTS BIG HOUSES 3 STORY APT. BUILDING 1 3 STORY APT. BUILDING 2 SINGLE FAMILY HOUSES TOWNHOUSES ADDITIONAL SITE PARKING TOTAL PROVIDED PROPOSED BUILDINGS: APARTMENTS TOWNHOUSES BIG HOUSES SINGLE FAMILY TOTAL PROVIDED 52 SPACES 105 SPACES 308 SPACES 140 SPACES 4 SPACES 329 SPACES 938 SPACES 32 SPACES 132 SPACES 308 SPACES 140 SPACES 4 SPACES 432 SPACES 31 SPACES 1,079 SPACES 256 UNITS 179 UNITS 60 UNITS 2 UNITS 497 UNITS GROSS DENSITY (UNITS/ACRE): TOTAL OPEN SPACE AREA (ACRES(: 11.81 12.66 (PRE -DEVELOPMENT) TOTAL PERVIOUS AREA: 41.27 ACRES (1,832,569 SF) (PREDEVELOPMENT)TOTAL IMPERVIOUS AREA: 0.80 ACRES (34,650 SF) (POSTDEVELOPMENT)TOTAL PERVIOUS AREA: 23.24 ACRES (1,012334 SF) (POST -DEVELOPMENT) TOTAL IMPERVIOUS AREA: 18.83 ACRES (820,402 SF) (98.1%) (1.9%) (55.2 %) (44.8%) OWNERSHIP: ALL UNITS TO BE LEASED. PROPOSED ROADS WITHIN THE DEVELOPMENT TO BE PRIVATE INTERNAL ROADS. FLOOD MAP INFORMATION: THE PROPERTY LIES WITHIN ZONE X, 'AREAS OF MINIMAL FLOOD HAZARD,' PER FEMA FIRM 3700963300K EFFECTIVE JANUARY 6,2010. ESTIMATED SCHEDULE: PHASE I START/ END DATE: JANUARY 2023 / MAY 2024 PHASE 2 START/END DATE: MARCH 2024/ NOVEMBER 2025 MAINTENANCE PLAN: STREETS. STORMWATER, WATER/SEWER SERVICES, COMMON AREAS, AND AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPER. SITE LAYOUT PLAN OVERALL PRELIMINARY - FOR REVIEW PURPOSES ONLY - DO NOT USE FOR CONSTRUCTION DATE MAY 2022 PROJECT# 22.00105 FUNDING# N/A SHEET C-101 I , I / / / / / /// / / �/ / / / /(- / / / I I // / / // // TEMPORARY SKIMMER / ry1aa—' /SEDIMENT BASIN / / 1R3o' /, -- /_— — , TEMPORARY SKIMMER / SEDIMENT BASIN \\ "1 - 1\ \ PROPOSED SUPER \\ \\ \ \ SILT FENCE (TYP.) I \ \ \ \ �� EXISTING WETLAND. \)'�\ I I `:\ \ \. \ \\ \ \ \ \\ \ \\ I I 1 II I \\ , \\ \ \ , I , II / \\\ ; I ; \\ II I I I 1I j / I 11 / / \ PROPERTY I / /LINE (TYP.) / , I \ / / _/ PROPOSED SUPER SILT FENCE (TYPO' \ 1. PIPE SHALL BE SLOPED TOWARDS OUTLET AS INDICATED ON PLANS. WRAP WASHED STONE MIN NON -WOVEN FILTER FABRIC ANS OVERLAP MIN. I'-0' FILTER FABRIC MIRAFI 140N OR EQUAL (ALL LOCATIONS) FRENCH DRAIN UPDATED MARCH, 2017 NOT TO veiF / \ / / 0 '0 / \`\ / I - • ' / k' ▪ \ \ PROPOSED RETAINING WALL �� \��— MAX HEIGHT — 9' ._.A—•—•-77�.a \ (/ \\ 7 \\ w \ �. �, \ ` 1 \ \\ / \ / EXISTING STREAM / I ; 1\ \\ \\ \ / 1 I \\ \\ \\\\ \\ \ \ • \ 0 \ \ \ \ \ \ \ \• \ EXISTING WETLAND \ \\ \\ \\ \\• •\ \ \ \ \ \ \ \ 1 \ \\ \\ \\ \ \\ \ \\ \\ \\ /I I \\ \ \\\ \\ \\ \ \ \ \ \ \ \ / " i \ vv vv v vv 1 / \ \ PROPOSED % / / 1 \SILT FENCE (TYP.) \ \ / 1 i 1 1 \ \ / �'-- ,/' / / / •1 I A 1 `v \\ --____ —� // / \ \ \ / 1 1'I PROPOSED TEMPORARY DITCH INSTALL FRENCH CJRAIN ALONG XISTING WETLAND IC/(SEE D TAIL SD-131, EXISTING_ WETLAND - — / —7= / / TEMPORARY SKIMMER SEDIMENT BASIN --- \ • • \ TEMPORARY CONSTRUCTION � ENTRANCE \' l- I \\ TEMPORARY SKIMMER — — SEDIMENT BASIN , TEMPORARY SKIMMER SEDIMENT BASIN TEMPORARY CONSTRUCIION ENTRANCE ,/ TEMPORARY SKIMMER / SEDIMENT BASIN / / NAME AND LOCATION OF PROJECT: CREEKSIDE COMMUNITY 2177 BREVARD ROAD CURRENT PROPER, OWNER: THE WEST FAMILY LIMITED PARTNERSHIP PIN NUMBER: 9633-44-7561 PROPOSED PROPER, OWNER: 740 HIBISCUS STREET ZONING DISTRICT: MAX BUILDING HEIGHT: PROPOSED USE: PROPERTY SIZE: RESIDENTIAL 42.07 ACRES PARKING REQUIRED CRITERIA: POOL: 1 SPACE / 140 SF OF POOL 1 SPACE / EMPLOYEE PICKLE BALL COURT: 2 SPACES / COURT MULTIFAMILY: 1.75 SPACES / DWELLING SINGLE FAMILY: 2 SPACES / DWELLING PARKING REQUIRED: CLUB HOUSE, POOL, & PICKLEBALL COURTS BIG HOUSES 3 STORY APT. BUILDING 1 3 STORY APT. BUILDING 2 SINGLE FAMILY HOUSES TOWNHOUSES TOTAL REQUIRED PARKING PROVIDED: CLUB HOUSE, POOL, & PICKLEBALL COURTS BIG HOUSES 3 STORY APT. BUILDING 1 3 STORY APT. BUILDING 2 SINGLE FAMILY HOUSES TOWNHOUSES ADDITIONAL SITE PARKING TOTAL PROVIDED PROPOSED BUILDINGS: APARTMENTS TOWNHOUSES BIG HOUSES SINGLE FAMILY TOTAL PROVIDED 52 SPACES 105 SPACES 308 SPACES 140 SPACES 4 SPACES 329 SPACES 938 SPACES 32 SPACES 132 SPACES 308 SPACES 140 SPACES 4 SPACES 432 SPACES 31 SPACES 1,079 SPACES 256 UNITS 179 UNITS 60 UNITS 2 UNITS 497 UNITS GROSS DENSITY (UNITS/ACRE): TOTAL OPEN SPACE AREA (ACRES): 11.81 12.66 f PRE -DEVELOPMENT) TOTAL PERVIOUS AREA: 41.27 ACRES (1.832.569 SF) f PRE -DEVELOPMENT) TOTAL IMPERVIOUS AREA 0.80 ACRES (34,650 SF) (POST -DEVELOPMENT) TOTAL PERVIOUS AREA: 23.24 ACRES (1,012334 SF) SPOST-DEVELOPMENT) TOTAL IMPERVIOUS AREA: 18.83 ACRES (820,402 SF) OWNERSHIP: ALL UNITS TO BE LEASED. PROPOSED ROADS WITHIN THE DEVELOPMENT TO BE PRIVATE INTERNAL ROADS. FLOOD MAP INFORMATION: THE PROPERTY LIES WITHIN ZONE X, 'AREAS OF MINIMAL FLOOD HAZARD,' PER FEMA FIRM ESTIMATED SCHEDULE: PHASE 2 START / END DATE: MARCH 2024 / NOVEMBER 2025 MAINTENANCE PLAN: STREETS, STORMWATER, WATER/SEWER SERVICES, COMMON AREAS, AND AMENITY AREAS WILL BE OVVNED AND MAINTAINED BY THE DEVELOPER. PRELIMINARY - FOR REVIEW PURPOSES ONLY - DO NOT USE FOR CONSTRUCTION mcgill 5400 Trinity Road Suite 107 Raleigh, NC 27607 919.378.9111 NC Firm License # C-0459 mcg i I lassociates. com NO. DATE BY DESCRIPTION CREEKSIDE COMMUNITY BUNCOMBE COUNTY, NORTH CAROLINA 50 0 25 100 GRAPHIC SCALE DIVISION VALUE = 50 FEET OFFICE MANAGER M. CATHEY DESIGNER G. WOOD GRADING AND EROSION CONTROL PLAN OVERALL PROJECT MANAGER R. WILL REVIEWER R. WILL DATE MAY 2022 PROJECT # 22.00105 FUNDING N/A SHEET S, LLC - CREEKSIOE COMMUNITY r rry5 "5 / / // ---------- , / _ / /--�� l --- ,...../ i l °�/-___ 1 / / ,1\ t / // / / _ 1 LT-rzTT4i j �7 // / / / // — — __, I / PROPOSED CURB I INLET (TYP.) I I / \ I \ ROOF DRAIN LEADERS TO \\ TIE INTO NEARBY STORM DRAIN SYSTEM (TYP.)1 � I I 1 I I I I I I I I \ I I I I I I I I I I 1 I ` s%^0 2rz}5 \ EXISTING WETLAND M13 /j05 �p 229�2 EXISTING STREAM EXISTING WETLAND ' 1 \ PROPERTY 11 1 .� v LINE (TYP.) I I I V vv 11 A / \ �/ / \ \ \ / \ �r 1 o / / / 50' BRIDGE \ \1 I 1v '---..\u — / \ I I II 1 \ 1 \ S I / I I / / / 1 I I EXISTING STREAM \ \V A \ 1 vv 1 1 1\ A vV 1 A i t i / / / l V \ \ V \ \ / \ 1 A (( A \ AV A 1 A 1 1 I1 I1 I ( \ A \\v V vv(A \ \‘. ` 11 AA \ 1 / I \ ( � —� _—/ v v \ A V AI ` \ \ 1 A \ EXISTING WETLAND AND I\\`\Vvv`v\v\ v``\V/\ / / / ' / v vvV AVVAV A I I AI\I \\V A\\\\\A A` ` A\\\\II A V\\vVA\ \A A \\ v PROPOSED RI\P/ ( (v \ ( ( ( ` ( \V \ V \ V // I 1/ 1 II \I \ \ (11 I\ I 1( `\V\\ v\v\\ v\ I, ,..., I \\ RAP APRON (TYP.) !/\ v \— rc / % I / ' I II i I I IV\ `I i\ \I ` \\/I `ti I1 I (\ 1 I,li \ \ ( I I 1 \ ( \ \ C\)\\\ \ / / I \ (\\ / i \ I \ / / ,/ / / 1 / • / I \ , \ \ \\ A`v f _ /// /�� 1 1 '// I V Vv i 1��// // / I�\\i i`A v--w / / /, I y i II / I/ I I I / / \ —\ \\ \ ' J 1 • \ / / / -- ' I -- — -- ' /. / I I I I / / / / / / \ \ 1 \ __ / / 1 I I I\ \ \ \ i // / I 1 11 1 I( \ \\ Y \ ---_--_ / ___— // / I III I\ (( \ /\/ LI / J ____------ PROPOSED STORMTECH MC-7200 47'X236' PROPOSED HDPE STORMWATER PIPE (TYP.).� \ I I - • 1 \\ _------ __ I \ / I ( 7/ / PROPOSED GRATE INLET (TYP.) / / PROPOSED MANHOLE! / () / / / / ' I / I / 1 EXISTING WETLAND — L / --I� PROPOSED STORMTECH \ MC-3500 57'X182' \ ROOF DRAIN LEADERS TO TIE INTO NEARBY STORM DRAIN SYSTEM (TYP.) -- / PROPOSED —STORMTECHI I MC-3500 57'X316' NAME AND LOCATION OF PROJECT: CREEKSIDE COMMUNITY 2177 BREVARD ROAD ARDEN, NORTH CAROLINA28704 CURRENT PROPERTY OWNER: THE WEST FAMILY LIMITED PARTNERSHIP 2177 BREVARD ROAD ARDEN, NORTH CAROLINA28704 PIN NUMBER: 9633-44-7561 PROPOSED PROPERTY OWNER: AMBACH COMMUNITIES LLC, A FLORIDA LLC 740 HIBISCUS STREET BOCA RATON, FL 33486 ZONING DISTRICT: MAX BUILDING HEIGHT: R-2 35' PROPOSED USE: PROPERTY SIZE: RESIDENTIAL 42.07 ACRES PARKING REQUIRED CRITERIA: CLUB HOUSE: 1 SPACE / 300 SF OF GFA POOL: I SPACE/140 SF OF POOL SPACE/EMPLOYEE PICKLE BALL COURT: 2 SPACES / COURT MULTIFAMILY: 1.75 SPACES / DWELLING SINGLE FAMILY: 2 SPACES / DWELLING TOWNHOMES: 2 SPACES / DWELLING PARKING REQUIRED: CLUB HOUSE, POOL, & PICKLEBALL COURTS BIG HOUSES 3 STORY APT. BUILDING 1 3 STORY APT. BUILDING 2 SINGLE FAMILY HOUSES TOWNHOUSES TOTAL REQUIRED PARKING PROVIDED: CLUB HOUSE, POOL, & PICKLEBALL COURTS BIG HOUSES 3 STORY APT. BUILDING 1 3 STORY APT. BUILDING 2 SINGLE FAMILY HOUSES TOWNHOUSES ADDITIONAL SITE PARKING TOTAL PROVIDED PROPOSED BUILDINGS: APARTMENTS TOWNHOUSES BIG HOUSES SINGLE FAMILY TOTAL PROVIDED GROSS DENSITY (UNITS/ACRE): 11.81 (PRE -DEVELOPMENT) TOTAL PERVIOUS AREA: 41.27 ACRES (1,632,569 SF) (PRE -DEVELOPMENT) TOTAL IMPERVIOUS AREA: 0.80 ACRES (34,650 SF) (POST -DEVELOPMENT) TOTAL PERVIOUS AREA: 23.24 ACRES (1,012334 SF) (POST -DEVELOPMENT) TOTAL IMPERVIOUS AREA: 18.83 ACRES (820,402 SF) 52 SPACES 105 SPACES 308 SPACES 140 SPACES 4 SPACES 329 SPACES 938 SPACES 32 SPACES 132 SPACES 308 SPACES 140 SPACES 4 SPACES 432 SPACES 31 SPACES 1,079 SPACES 256 UNITS 179 UNITS 60 UNITS 2 UNITS 407 UNITS TOTAL OPEN SPACE AREA (ACRES): 12.66 (88.1%) (1.9%) (55.2 %) (44.8%) OWNERSHIP: ALL UNITS TO BE LEASED. PROPOSED ROADS WITHIN THE DEVELOPMENT TO BE PRIVATE INTERNAL ROADS. FLOOD MAP INFORMATION: THE PROPERTY LIES WITHIN ZONE X, 'AREAS OF MINIMAL FLOOD HAZARD,' PER FEMA FIRM 3700963300K EFFECTIVE JANUARY 6,2010. ESTIMATED SCHEDULE: PHASE I START/ END DATE: JANUARY 2023 / MAY 2024 PHASE 2 START/END DATE: MARCH 2024 / NOVEMBER 2025 MAINTENANCE PLAN: STREETS, STORMWATER, WATER/SEWER SERVICES, COMMON AREAS, AND AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPER. PRELIMINARY - FOR REVIEW PURPOSES ONLY - DO NOT USE FOR CONSTRUCTION mcgill 5400 Trinity Road Suite 107 Raleigh, NC 27607 919.378.9111 NC Firm License # C-0459 mcg i I lassociates. com CREEKSIDE COMMUNITY AMBACH COMMUNITIES, LLC BUNCOMBE COUNTY, NORTH CAROLINA 50 0 25 50 100 GRAPHIC SCALE DIVISION VALUE = 50 FEET OFFICE MANAGER M. CATHEY DESIGNER G. WOOD STORMWATER PLAN OVERALL PROJECT MANAGER R. WILL REVIEWER R. WILL DATE MAY 2022 IPROJECT# 22.00105 FUNDING N/A SHEET C-103 S, LLC - CREEKSIOE COMMUNITY AT —GRADE WATER TANK 206 2230 EXISTING WETLAND / / I I \ / / / I 1 I / / / / / / / / I I / i / / / / ! I V 1 v Z--- / / 1 1\\\ \ \\ / / / / \ \ \\\ II -. \\ 1 _� \ \ \\ 1 I I I I 1 1 1 i i 1� I I I I / 1 I 1 I / / / PROPOSED 8" WATER LINE I / WITH 20' EASEMENT (TYP.) I /yam / / / / 1 111- r 1 / / PROPOSED 8" SEWER LINE / WITH 20' EASEMENT (TYP.) / / / / I 1 / / \ 1 \I \ \ 111111111111XI I I I I I I I I I N I I I T l N 1111 I I I ITN / �IIIIIv 111111111,11111 IPIIIIII IIIIII NIIII S 3 ��� 1111111111, \L,J PROPOSED METER VAULT AND RPZ, TYP. FOR APARTMENT BUILDINGS EXISTING WETLAND --,;:,; // ,v;, �:k d \ \ \ \ \ awVgF v / \ \' PROPERTY I \, \� � \ \ A \ � \ \ �\ � I-,—' LINE (TYP.) j I I V �V v AI AA vv L,J L _ / v A A V 1 � o 00� . / vim. v O' I _ ___i \ _ I AV I 1 Il 1 A\ I EXISTING STREAM AvA v� I \ \ I I \ I I --i __ I / I j A v v ,...\,‘ vw A v y v a ,'.\ 1 1 A V A\\/ A ) / 1 1 I / v v v v vv A \ , A I 1 A AV A \v v V I / \ vv A EXISTING WETLAND AA v 1 1 v v A v v `vvvv \vvv vv vv vv i it — , v , A ,v v I Iv vv\ `vvv 1 1 A v v v v Nw III vv I v 1 v v I\ \v A v v / /v - i 1 ; \I \I \I \\ \ 1\ I11 1 I 11 1 \\ \ \\ `\ \\ \\ \ I /"�— / 1 \ \ \ \ \ \\ 1, I \_\ WATER LINE EXTENSION. CONNECT — / ) / 1 1 1 \ I I 1 1 \ \ � \ \\, \ \\ \I \ \ 1 \ \ / s / 11 \ \\ \\ `\ `\1 TO OFF —SITE CITY OF HENDERSONVILLE / i I ) ) \ 11 1 1 11 I , \ \ \ \� \ \ 1 \\ 11 c—_,\ \ / I 1 1 \ \ ;\I WATER SYSTEM / I) I I ti\ i \\ i I \ \ \ \ / % / 1 I I V A AV A I 1 1 1 1 1 1 1 `I A A — / / / �\ J AI \ 11 f V.. -- / 11 1 I I I ; I I / 11 I I I / 1 ,' / / / IV \\ \ 1\ vvv / 1 I 1 i /7 / )1 / I i i - / ----- _ / / I I .L / `I \ 1 1 `\ / \ _ _—' ---- /' /// / / I 1 / / 1 I 1 1 I \� / / / / 1 A 1 mcgill 5400 Trinity Road Suite 107 Raleigh, NC 27607 919.378.9111 NC Firm License # C-0459 mcg i I lassociates. com O DATE DESCRIPTION CREEKSIDE COMMUNITY AMBACH COMMUNITIES, LLC BUNCOMBE COUNTY, NORTH CAROLINA SANITARY SEWER EXTENSION, CONNECT TO OFF —SITE METROPOLITAN SEWER DISTRICT SYSTEM if j / , / 1/ PARKING REQUIRED: / / / CLUB HOUSE. POOL, & PICKLEBALL COURTS 52 SPACES / f / STORY HOUSES OORDY S105 SPACES 3 APT. BUILDING) 308SPACES // / / / 3 STORY APT. BUILDING 2 140 SPACES / SINGLE FAMILY HOUSES 4 SPACES EXISTING WETLAND — - TOWNHOUSES 329 SPACES / /F- = TOTAL REQUIRED 938 SPACES NAME AND LOCATION OF PROJECT: CREEKSIDE COMMUNITY 2177 BREVARD ROAD ARDEN, NORTH CAROLINA28704 CURRENT PROPERTY OWNER: THE WEST FAMILY LIMITED PARTNERSHIP 2177 BREVARD ROAD ARDEN, NORTH CAROLINA28704 PIN NUMBER: 9633-44-7561 ZONING DISTRICT: R-2 PROPOSED PROPERTY OWNER: AMBACH COMMUNITIES LLC, A FLORIDA LLC 740 HIBISCUS STREET BOCA RATON, FL 33486 MAX BUILDING HEIGHT: 35' PROPOSED USE: PROPERTY SIZE: RESIDENTIAL 42.07 ACRES PARKING REQUIRED CRITERIA: CLUB HOUSE: 1 SPACE / 300 5F OF GFA POOL: I SPACE/140 SF OF POOL .1 SPACE/EMPLOYEE PICKLE BALL COURT: 2 SPACES / COURT MULTIFAMILY: 1.75 SPACES / DWELLING SINGLE FAMILY: 2 SPACES / DWELLING TOWNHOMES: 2 SPACES / DWELLING PROPOSED FIRE HYDRANT (TYP.) F= GRAPHIC SCALE DIVISION VALUE = 50 FEET OFFICE MANAGER DESIGNER M. CATHEY G. WOOD PROJECT MANAGER R. WILL REVIEWER R. WILL PARKING PROVIDED: CLUB HOUSE, POOL, & PICKLEBALL COURTS 32 SPACES BIG HOUSES 132 SPACES 3 STORY APT. BUILDING 1 308 SPACES 3 STORY APT. BUILDING 2 140 SPACES SINGLE FAMILY HOUSES 4 SPACES TOWNHOUSES 432 SPACES ADDITIONAL SITE PARKING 31 SPACES TOTAL PROVIDED 1,079 SPACES PROPOSED BUILDINGS: APARTMENTS 256 UNITS TOWNHOUSES 179 UNITS BIG HOUSES 80 UNITS SINGLE FAMILY 2 UNITS TOTAL PROVIDED 487 UNITS GROSS DENSITY (UNITS/ACRE): 11.81 TOTAL OPEN SPACE AREA (ACRES): 12.66 (PRE -DEVELOPMENT) TOTAL PERVIOUS AREA 41.27 ACRES (1,832,569 SF) (98.1%) (PRE -DEVELOPMENT) TOTAL IMPERVIOUS AREA 0.80 ACRES (34,650 SF) (1.9%) (POST -DEVELOPMENT) TOTAL PERVIOUS AREA: 23.24 ACRES (1,012334 SF) (55.2%) I I II (POST -DEVELOPMENT) TOTAL IMPERVIOUS AREA: /I• 18.63 ACRES (820,402 5F) (44.8%) \ \/T OWNERSHIP: I ALL UNITS TO BE LEASED. PROPOSED ROADS WITHIN THE DEVELOPMENT TO BE PRIVATE INTERNAL ROADS. \ FLOOD MAP INFORMATION: THE PROPERTY LIES WITHIN ZONE X, 'AREAS OF MINIMAL FLOOD HAZARD.' PER FEMA FIRM 1 3700963300K, EFFECTIVE JANUARY 6, 2010. / ESTIMATED SCHEDULE: PHASE I START/ END DATE: JANUARY 2023 / MAY 2024 PHASE 2 START / END DATE: MARCH 2024 / NOVEMBER 2025 MAINTENANCE PLAN: STREETS, STORMWATER, WATER/SEWER SERVICES, COMMON AREAS, AND AMENITY AREAS WILL BE OWNED AND MAINTAINED BY THE DEVELOPER. PRELIMINARY - FOR REVIEW PURPOSES ONLY - DO NOT USE FOR CONSTRUCTION UNDERGROUND UTILITY PLAN OVERALL DATE PROJECT# FUNDING MAY 2022 22.00105 N/A SHEET C-104 S, LLC - CREEKSIOE COMMUNITY CESAW-RG-A 2022-01262 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Ambach Communities, LLC / Attn: Mark Ambach File Number: SAW-2022-01262 Date: October 17, 2022 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A I ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ' PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. CESAW-RG-A 2022-01262 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. I ISECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is alread in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn.: Amanda Jones 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 828-271-7980, ext. 4232 If you only have questions regarding the appeal process you may also contact: Mr. Phillip Shannin, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, consultants, to conduct investigations of the project site during the course of the appeal process. notice of any site investigation, and will have the opportunity to participate in all site investi and any government You will be provided a 15 day ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: Amanda Jones, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 CESAW-RG-A 2022-01262 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: October 17, 2022 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Ambach Communities, LLC / Attn: Mark Ambach 740 Hibiscus Street Boca Raton, FL 33486 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, 2022-01262, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located at 2177 Brevard Road, in Arden, NC. State: NC County/parish/borough: Buncombe City: Boca Raton Center coordinates of site (lat/long in degree decimal format): 35.441570 -82.575006 Universal Transverse Mercator: N/A Name of nearest waterbody: UT to Line Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: October 17, 2022 ❑ FieldDetermination. Date(s): Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Centered Coordinates (decimal degrees) Latitude Longitude Estimated Amount of Aquatic Resource in Review Area (linear feet or acre) Type of Aquatic Resources Geographic Authority to Which Aquatic Resource "May Be" Subject See table below ❑ Wetland ❑ Non -wetland Waters ❑ Section 404 ❑ Section 10/404 ❑ Wetland ❑ Non -wetland Waters ❑ Section 404 ❑ Section 10/404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation CESAW-RG-A 2022-01262 being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. USGS map(s). Cite scale & quad name: Skyland, NC 1=lk ® `Natural Resources Conservation Service (NRCS) Soil Survey. Citation: Buncombe County, NC ❑ National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): 01/01/2019 or ® Other (Name & Date): 05/19/2021 and 05/17/2022 ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): Name Latitude Longitude Estimated amount of aquatic resource in review area (Acreage or Linear Feet) Type of aquatic resource (wetland vs non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (section 404 or section 10/404 Wetland A 35.440479 -82.577801 0.8869 Acres Wetland 404 Wetland B 35.440511 -82.577377 0.022 Acres Wetland 404 Wetland C 35.439326 -82.576167 0.0973 Acres Wetland 404 Wetland D 35.439759 -82.576478 0.0208 Acres Wetland 404 Wetland E 35.440976 -82.580260 0.0585 Acres Wetland 404 Wetland F 35.441083 -82.580269 0.0058 Acres Wetland 404 Wetland G 35.440613 -82.579980 0.0964 Acres Wetland 404 Wetland H 35.439074 -82.575888 0.1329 Acres Wetland 404 Wetland I 35.439904 -82.576531 0.0091 Acres Wetland 404 Wetland J 35.439196 -82.576326 0.1189 Acres Wetland 404 Wetland K 35.441371 -82.574190 0.015 Acres Wetland 404 51 35.441359 -82.573911 0.0032 Acres Non -Wetland 404 S2 35.438860 -82.575803 0.1802 Acres Non -Wetland 404 S3 35.439096 -82.576167 0.0050 Acres Non -Wetland 404 S4 35.440461 -82.577371 0.0194 Acres Non -Wetland 404 S5 35.440563 -82.580049 0.0097 Acres Non -Wetland 404 S6 35.440561 -82.580108 0.00047 Acres Non -Wetland 404 CESAW-RG-A 2022-01262 IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Amandalibnes, October 17, 2022 Signature and date of Regulatory staff member completing preliminary JD Ambach Communities, LLC / Attn: Mark Ambach Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. P.022.00106AMBACHCOM-BREVARD RD DEVELORMENTDESIG Wetland and Stream Table Wetland A Wetland B Wetland D 0.8869 Acres 0.022 Acres 0.0208 Acres Wetland E Wetland F Wetland G 0.0585 Acres 0.0058 Acres 0.0964 Acres Wetland H Wetland I Wetland J Wetland K S2 S3 S4 S5 S6 0.1329 Acres 0.0091 Acres 0.1189 Acres 0.017 Acres 0.1802 Acre 0.0050 Acres 0.0194 Acres 0.0097 Acres 0.00047 Acres Potential Non -Wetland Waters of the US - S2-Reach 2 (UT-1 To Line Creek) Potential Wetland Waters of the US - Wetland E Potential Wetland Waters of the US - Wetland G F® 1240 19th Street Lane NW mcgIIl 828.328.Hickory, NC202428601 NC Finn License k C-0459 mc9illasscialescom Potential Wetland Waters of the US - Wetland F Potential Non -Wetland Waters of the US - S5 (UT-2 To UT-1 To Line Creek) Potential Non -Wetland .asJRiir Waters of the US - S6 (UT-1 To UT-2 To UT-1 To Line Creek) OFFICE MANAGER MC PROJECT MANAGER Se Potential Wetland Waters of the US - Wetland A Potential Non -Wetland Waters of the US - S2-Reach 1 (UT-1 To Line Creek) PROJECTM 22.00105 DESIGNER AL REVIEWER JS Potential Wetland Waters of the US - Wetland D Potential Wetland Waters of the US - Wetland J Potential Wetland Waters of the US - Wetland B Potential Non -Wetland Waters of the US - S4 (UT-1 To UT-1 To Line Creek) Potential Non -Wetland Waters of the US - S3 (UT-3 To UT-1 To Line Creek) CREEKSIDE COMMUNITY AMBACH COMMUNITIES, LLC BUNCOMBE COUNTY, NORTH CAROLINA Potential Wetland Waters of the US - Wetland K Potential Wetland Waters of the US - Wetland I Potential Non -Wetland Waters of the US - S2-Reach 1 (UT-1 To Line Creek) Potential Wetland Waters of the US - Wetland H JURISDICTIONAL STREAMS AND WETLANDS IDENTIFIED ON THIS MAP HAVE BEEN LOCATED WITHIN SUB -METER ACCURACY UTILIZING AN ARROW 100 GLOBAL POSITIONING SYSTEM (GPS) AND THE SUBSEQUENT DIFFERENTIAL CORRECTION OF THAT DATA. GPS POINTS MAX DEMONSTRATE UNCORRECTABLE ERRORS DUE TO TOPOGRAPHY, VEGETATIVE COVER, AND/OR MUo IPATH SIGNAL ERROR. NOTE: THE ILLUSTRATED STREAM AND WETLAND LOCATIONS ARE APPROXIMATE. THESE AREAS HAVE NOT BEEN FLAGGED IN THE FIELD AND HAVE NOT BEEN SURVEYED. ALTHOUGH MCGILL ASSOCIATES, P.A. (MCGILL) IS CONFIDENT IN OUR ASSESSMENT. THE US ARMY CORPS OF ENGINEERS IS THE ONLY AGENCY THAT CAN MAKE FINAL DECISIONS REGARDING JURISDICTIONAL WATERS OF THE US DELINEATIONS. THIS MAP WAS PREPARED BY MCGILL USING THE T INFORMATION AVAILABLE TO MCGILL AT THE TIME OF PRODUCTION. THIS MAP IS FOR INFORMATION. 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 BEAN OFFICIAL SURVEY OF ANY DATA DEPICTED. SOURCE DAT. BUNCOMBE COUNTY GIS. Legend Study Limits Wetland Limits Wetland IN Wetland Out Stream Limits DELINEATION MAP AI/ • • FIGURE 3