HomeMy WebLinkAbout20210219 Ver 1_401 Application_20221118Staff Review Form
NORTH CAROLINA
Envlronm¢ntcl Qvofiry
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
Yes No
ID# *
20210219
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
• No
Andrew Moore:eads\awmoore3
Asheville Regional Office - (828) 296-4500
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
Pre -Filing Meeting Date Request was submitted on:
10/19/2022
Project Contact Information
Name:
Eric Romaniszyn
Who is submitting the information?
Email Address: eromaniszyn@enviroscienceinc.com
Project Information
Project Name: Electrolux Expansion
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
Electrolux PCN package with PJD.pdf 19.57MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
Combined PCN and PJD application for the Electrolux Expansion project in Buncombe County
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: 11/18/2022
Is filled in automatically.
CLearWaLer
An EnviroScience CompanyL
C1earWater Environmental Consultants, Inc
www.cwenv.com
November 18, 2022
Ms. Amanda Jones 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: Electrolux (+/- 9.2 Acres)
Nationwide Permit 39 Request
Buncombe County, North Carolina
Dear Ms. Jones and Mr. Wojoski,
The attached Pre -Construction Notification (PCN) request is being submitted on behalf of the
property owner, Minkles, LLC. The project area is +/- 9.2 acres and is part of Buncombe County
parcel number 964371755900000, located at 1310 Fanning Bridge Road in Fletcher, NC. The
applicant is seeking Nationwide Permit 39 and 401 Certification for wetland and stream impacts
associated with construction activities.
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 Mr. Andrew Moore, NCDEQ Division of Water Resources - Asheville
Office.
Sincerely,
Eric Romaniszyn
Senior Scientist
Copy issued:
NC DEQ Division of Water Resources, Asheville Office — Andrew Moore
NC WRC — Andrea Leslie
US FWS, Asheville Office — Byron Hamstead
145 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel
Preliminary Data Entry Fields for New Actions
JSAW — -
u
1. Project Name: Electrolux
2. Work Type: Private ❑ Institutional ❑ Government ❑ Commercial ❑✓
3. Project Description / Purpose:
NWP 39 application for a +/- 9.2-acre tract. The purpose of this project is to expand employee
parking areas and construct a second entry drive.
4. Property Owner / Applicant:
Minkles, LLC /David Gibbons"
S. Agent / Consultant: ClearWater, An EnviroScience Company
6. Related Action ID Number(s): SAW-2012-00518
7. Project Location - Coordinates, Street Address, and/or Location Description:
1310 Fanning Bridge Road, Fletcher, North Carolina 28732 (35.435753,-82.533972)
8. Project Location - Tax Parcel ID: 964371755900000
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town : Fletcher
11. Project Information — Nearest Waterbody: UT to French Broad River
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 39
❑ Regional General Permit #
❑ Jurisdictional Determination Request
F]Unauthorized Pre -Application Request
Activity
❑ Compliance
❑ No Permit Required
Revised 20210513
DocuSign Envelope ID: 65F5536C-A87E-4379-BB4D-1CC2A7BF290A
GLe��r/1/ater
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record:
Property Owner Address:
Minkles LLC
7 Parliament Place, Dallas, TX 75225
Phone Number: 214-6160-652
Email address:
Property Location:
david@bunrootis.com
1310 Fanning Bridge Road, Asheville, NC
❑ocuSigned by:
Owner/Managing partner Signature: rvmd GI�i�Dtn.S
F0133DS493154F2... David Gibbons
Owner/Managing printed name:
Date:
11/19/2020
32 Clayton Street
Asheville, NC 28801
Phone:828-698-9800
www.ewenv.com
Parcel Information
®Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
964371755900000 MINKLES LLC Total Appraised Value
1310 FANNING BRIDGE RD 7 PARLIAMENT PL, DALLAS, TX, 75225
KEY INFORMATION
Zoning - Neighborhood C7SB
Land Use Code W'HOUSE/STRG Municipality CAS
Fire District - Special District -
Present Use -
Appraisal Area Erik Simes (828) 250-4935 erik.simes@buncombecounty.org
Exemption -
Legal Description Deed Date:10/03/2022 Deed:6264-0138 Plat:0230-0036
Plat Reference
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
AIRPORT IND DIST. W'HOUSE/STRG 27.75 acres C7SB NO
INDUSTRIAL W'HOUSE/STRG 27.75 acres C7SB NO
BUILDING INFORMATION
BUILDING(S)
BUILDING (1)
Quality
Building Type
Full Baths
Fireplaces
Heat Type
Style
Bedrooms
Patio
Garage
Unfinished
Basement
Porch
BUILDING (2)
AVG
Condition
NORMAL
COM CLASS C
Year Built
1987
0
Half Baths
0
0
Story
0
Green Certification
COM CLASS C
Base
403608
-
Deck
0
0
Carport
0
0
Utility
0
0
Finished Basement
0
0 Building Value
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK / PAGE DEED INSTRUMENT
No items to display
VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX REASON FOR LAND BUILDING FEATURES NEW
CHANGE YEAR CHANGE VALUE VALUE VALUE VALUE
No items to display
RECENT PERM IT ACTIVITY
PERMIT DATE
PERMIT TYPE
PERMIT STATUS
08/22/2022
COMMERCIAL DEMOLITION
COC ISSUED
08/10/2022
COMMERCIAL REPAIR OR UPFIT
PERMIT ISSUED
05/19/2021
COMMERCIAL REPAIR OR UPFIT
COC ISSUED
03/24/2020
COMMERCIAL REPAIR OR UPFIT
COC ISSUED
Al
Asheville
�F ate.
r JS 25
oe'�F wATr'
E�Q�
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
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
X❑ 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑X Yes ❑ No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Electrolux
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Fletcher, NC
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Minkles, LLC
3b.
Deed Book and Page No.
6264 / 0138
3c.
Responsible Party (for LLC if
applicable):
David Gibbons
3d.
Street address:
7 Parliament Place
3e.
City, state, zip:
Dallas, TX 75225
3f.
Telephone no.:
214-616-0652
3g.
Fax no.:
n/a
3h.
Email address:
david@bunrootis.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Eric Romaniszyn
5b.
Business name
(if applicable):
ClearWater Environmental Consultants, an EnviroScience Company
5c.
Street address:
145 7th Avenue W; Suite B
5d.
City, state, zip:
Hendersonville, NC 28792
5e.
Telephone no.:
898-698-9800
5f.
Fax no.:
n/a
5g.
Email address:
eromaniszyn@enviroscienceinc.com
Page 2 of 10
B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
964371755900000
1b.
Site coordinates (in decimal degrees):
Latitude: 35.435753 Longitude:-82.533972
1 c.
Property size:
9.2 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
UT to French Broad River
2b.
Water Quality Classification of nearest receiving water:
B
2c.
River basin:
French Broad 06010105
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The proposed 9.2 acre project area currently consists of shruby and wooded land with some maintained fescue. Land use in the general vicinity of the
project is industrial and commercial. Interstate 26 is located to the east, Fanning Bridge Road to the south, New Airport Road to the west, and the
Wingate Hotel is adjecent to the north.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.407
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 328
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to expand the existing facility to accommodate shipping trucks, office space, and employee parking.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
roject includin all rior hases in the ast?
0 Yes ❑ No ❑ Unknown
Comments: pJD Request Included w/ Submittal (Attachment B)
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): ClearWater Environmental
Agency/Consultant Company: Clearwater Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Pending - PJD Included w/ submittal (Attachment B)
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
DYes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
See Attachment A.
6.
Future Project Plans
6a.
Is this a phased project?
❑X Yes ❑X No
6b.
If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑X Wetlands X❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.025
W2 P
Fill
Headwater Wetland
Yes
Corps
0.072
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:
0.097
2h. Comments:
See Figures 5.0 and 5.1 for Engineering Site Plan details.
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
Unknown
PER
Corps
4.3
232
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
232
3i. Comments:
0.023 acres, see Figures 5.0 and 5.1 for Engineering Site Plan details.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
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
131
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
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.
Impacts to 0.31 acres of wetlands on -site will be avoided and remain undisturbed; 29% of on -site streams (96 linear feet) will be avoided as well. A
stormwater collection and treatment system will be located under the expansion on the north side of the existing facility.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Sediment and erosion control measures and best management practices would be
utilized on -site. Work is to be performed in the dry. Pump around / dewatering details are included (see Figure 5.1).
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?
❑X Yes ❑ No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑X 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: Stream
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:
232 linear feet
4c.
If using stream mitigation, stream temperature:
cool
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: NCDMS has been contacted about available credits. Their response will be sent upon receipt.
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
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10
E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
10.1 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
Stormwater
runoff from the parking lot, building, and sidewalk will be captured via a storm drainage network.
The captured runoff will be
detained/treated by an underground StormTech system. The proposed project is subject to review and approval by the City of Asheville. The City of
Asheville 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?
Asheville
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Asheville
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other: DWR 401 Unit
3c.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑X 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
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 ❑X 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
El 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 ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is located in a previously developed corridor within Asheville city limits. The proposed project would not result in additional
development
which could impact nearby downstream water quality.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater
generated from the proposed project will enter the municipal sewer system. An existing connection to the municipal sewer system is
located on site.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Attachment A for results and Attachment C for data sources.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed 11/14/2022 at https://www.habitat.noaa.gov/apps/efhmapper/?page=page_7
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC DNCR State Historic Preservation Office Historic Properties web GIS server (HPOWeb 2.0), see Attachment A for results.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panel: 3700964300K, effective 01/06/2010 (Figure 6).
Eric Romaniszyn
November 18, 2022
Applicant/Agent's Printed Name
Date
Applicant Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
Figures 1 - 6
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Figure 2
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Figure 3
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Figure 4
za ELECTROLUX EXPANSION
for MINKLES LLC.
g 1310 FANNING BRIDGE RD. FLETCHER, NC 28732 WADE
u� SITE PLAN — JURISDICTIONAL WATER IMPACT TRIM
�m rvEv onre ocscrvirnory BY
ELECTROLUX INDUSIIAL BUILDING EXPANSION
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lz�
and Bypass Pump Detail
F01 ELECTROLUX EXPANSION
HE
for MINKLES LLC.
1310 FANNING BRIDGE RD. FLETCHER, NC 28732 TRWADE
DETAILS
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— r a., -- ELECTROLUX INDUSTIAL BUILDING EXPANSION
Electrolux (+/- 9.2 Ac)
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Buncombe County, AnFnWresakncrCompanja FIRM Panel: 3700964300K
North Carolina 145 7th Ave West, Suite B (Eff. 11612010)
Hendersonville, North Carolina 28792 Figure 6
Attachment A
PCN Additional Comments
Section 133e. Describe the overall project in detail, including the type of equipment to use:
The applicant is proposing to modify the existing Electrolux facility, see Figure 5.0 for the
engineering site plan and impact map and Attachment D for site photos. The north end of the
facility will be expanded to accommodate a loading dock and associated truck court. This paved
space will be 200 ft wide by 400 ft long. Access to this area will be through a new driveway off
Airport Road from the west, which will be 285 ft long by 30 ft wide, followed by 120 ft of transitional
drive. This area will permanently impact stream feature S1 and 0.025 acres of wetland W1 (see
Figure 5.0). The stream that will be impacted currently flows through culverts upstream and
downstream of the project site. The impact to S1 will involve installing a culvert that connects the
existing culverts. This will impact 232 linear feet (0.023 acres) of stream.
Employee parking will be expanded in the southeast corner of the building. This area will be 168
ft long by 90 ft wide and include 50 spaces. This area will permanently impact 0.072 acres of
wetland W2.
Additional construction will include a two-story, 6,000 ft2 office space in the southwest corner of
the building. No direct impacts to streams or wetlands would occur as part of this building addition.
The proposed site improvements in this project were reduced from the proposed plan in the 2012
individual permit that was issued but no action was taken by the facility owner. The 2012 proposed
site improvements were a 200,000 ft2 addition to the northwest and 100,000 ft2 to the southwest
of the existing building. These additions would have permanently impacted 614 linear feet of
stream and 0.006 acres of wetland.
The potential streams and wetlands in the project area were delineated during site visits on
September 20, 2019 and January 18, 2021. The site was revised on October 20, 2022 to
determine if the stream and wetland boundaries had changed; it was determined that the
boundaries are the same as previously mapped.
Stormtech® chambers will be installed under the loading dock expansion to collect and treat
stormwater runoff from the building improvements in this area. Storm diversion piping will also be
installed to transport the treated stormwater to stream S1. Piping will also be installed under the
employee parking expansion area. The applicant will submit a full stormwater management plan
to Buncombe County, who is a delegated authority for the review and approval of Stormwater
Management Plans. Documentation of approval can be forwarded if requested.
Stormwater runoff during construction will be controlled using silt fencing. After construction, bare
soils will be graded and replanted with grass species. Stream impacts during installation of the
culvert will be minimized by working in -the -dry.
Typical earth -moving equipment will be used for construction onsite; these include backhoes,
excavators, dump trucks, etc.
Section BSb. Project History
An Individual Permit was issued for the project in 2012 for 0.006 acres of wetland and 614 linear
feet of stream fill (Corps Action ID# SAW-2012-00518). The impacts were never initiated or
fulfilled.
Section FSd. Endangered Species and Designated Critical Habitat
Information about federally threatened and endangered species was gathered on November 11,
2022, using the US Fish & Wildlife Service (FWS) and NC Natural Heritage Program (NHP) on-
line tools (see Attachment C). Observations for potentially suitable habitat for federally protected
species documented to potentially occur within the project's vicinity were made during the wetland
delineation site visits on September 20, 2019 and January 18, 2021.
The site is located in a heavily urbanized setting adjacent to the Asheville Regional Airport. Habitat
within and adjacent to the project area consists of mowed grass, scrub shrub wetland, and mixed -
pine forest. The mixed -pine forest habitat is the most prevalent. The stream was observed to have
rusting metal parts, tires, and trash. The streams and wetlands are heavily influenced by
stormwater runoff.
The FWS IPaC "Official Species List" lists nine federally protected species as potentially occurring
within the project boundary:
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bog turtle
Glyptemys muhlenbergii
Threatened (Similarity of Appearance)'
Bunched arrowhead
Sagittaria fasciculata
Endangered
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcher -plant
Sarracenia rubra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Rock gnome lichen
Gymnoderma lineare
Endangered
Small whorled pogonia
Isotria medeoloides
Threatened
Swamp pink
Helonias bullata
Threatened
Threatened due to similar appearance; not subject to Section 7 consultation.
The NHP database indicated an element occurrence of gray bat within a one -mile radius of the
project area. This occurrence was documented in 2020 approximately 0.9 miles from the project
site under a bridge that crosses the French Broad River.
No naturally occurring suitable habitat for the gray bat (caves), bog turtle (mountain bog),
mountain sweet pitcher plant (mountain bog), Appalachian elktoe (cool, well -oxygenated,
medium-sized streams with moderate to fast flowing water), swamp pink (undisturbed acidic
swamp margins), small whorled pogonia (margins of acidic mature mesic mixed pine -hardwood
forest), and rock gnome lichen (humid environments with rock outcrops at high elevation or deep
river gorges) were observed on site.
The wetlands along the margins of the existing building pad appear to have formed from a
combination of a leaky water tower, stormwater runoff, and blocked culverts, which are not
suitable for the federally protected wetland plant species potentially occurring on site. The
somewhat mature mixed -pine forest has urban soil complexes, which are not acidic enough to
support small -whorled pogonia.
Potentially suitable summer habitat was observed for the northern long-eared bat (NLEB) in the
forested areas. ClearWater consulted the FWS's interactive mapper for watersheds (HUC 12) in
North Carolina known to contain hibernation or maternity sites for NLEB. The project location is
2
greater than nine miles from a HUC listed as having known occurrences of hibernation or
maternity sites. Therefore, the project satisfies the 4(d) rule and consultation for effects on the
northern long- eared bat is not required. However, on March 23, 2022, the USFWS published a
proposal to reclassify NLEB as endangered. The USFWS is ordered to complete their new final
listing determination for NLEB by the end of November 2022. If NLEB is reclassified as
endangered, the current 4(d) rule for N LEB would be removed. This may result in new consultation
requirements with USFWS and lead to stricter limitations on tree clearing during the bats active
season (April 1 to October 31). If this change is made, then tree clearing will likely have to occur
November 1 to March 31. We recommend limiting tree clearing activities to November 1 to March
31 as a voluntary conservation measure.
Given the considerations outlined above, it is ClearWater's opinion that the project is not likely to
adversely affect any federally protected species potentially occurring within the project's vicinity.
Section F7b. Historic or Prehistoric Cultural Resources
ClearWater reviewed the National Register of Historic Places records maintained by the NC State
Historic Preservation Office (SHPO) and available on SHPO's HPOWEB 2.0 GIS Service. Only
one site was found to be in close proximity to the project location, Rugby Range (Site ID HN0042,
Status National Register), which is approximately 0.8 miles to the southeast. Several additional
properties are also listed as "Surveyed Only" with no further status given. It is the opinion of
ClearWater that project construction will not negatively affect the integrity of these sites.
Attachment B
Jurisdictional Determination
CLearWaLer
An EnviroScience Company
C1earWater Environmental Consultants, Inc.
WWW.cwenv.com
November 17, 2022
Ms. Amanda Jones
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
RE: Electrolux Expansion (+/- 9.2 Ac)
Preliminary Jurisdictional Determination Request
Buncombe County, North Carolina
Ms. Jones,
The attached Preliminary Jurisdictional Determination (PJD) request is being submitted on behalf
of Minkles, LLC (property owners). The project site is Buncombe County parcel number
964371755900000 and is located at 1310 Fanning Bridge Rd, Fletcher, NC.
Please do not hesitate to contact me at 828-698-9800 if you have any questions. Thank you.
Sincerely,
Eric Romaniszyn
Senior Scientist
145 7" Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel
Preliminary Data Entry Fields for New Actions
_SAW — -
1. Project Name: Electrolux
2. Work Type: Private ❑
Institutional ❑ Government ❑ Commercial ✓❑
3. Project Description / Purpose:
The purpose of this project is to expand employee parking areas and construct a second entry drive
on this +/- 9.2-acre tract.
4. Property Owner / Applicant:
Minkles, LLC /David Gibbons"
5. Agent / Consultant: ClearWater, An EnviroScience Company
6. Related Action ID Number(s):
7. Project Location - Coordinates, Street Address, and/or Location Description:
1310 Fanning Bridge Road, Fletcher, North Carolina 28732 (35.435753,-82.533972)
8. Project Location -Tax Parcel ID: 964371755900000
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town : Fletcher
11. Project Information — Nearest Waterbody: UT to French Broad River
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑✓ Section 10 & 404 ❑
Regulatory Action Type:
❑Standard Permit
Nationwide Permit #
❑ Regional General Permit #
❑✓ Jurisdictional Determination Request
❑ Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20210513
DocuSign Envelope ID: 65F5536C-A87E-4379-BB4D-1CC2A7BF290A
CiLearWaLer
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Wcbscapc Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: Mi nkl es LLc
7 Parliament Place, Dallas, TX 75225
Property Owner Address:
Phone Number: 214-6160-652
Email address:
Property Location:
david@bunrootis.com
1310 Fanning Bridge Road, Asheville, NC
DocuSigned by:
Owner/Managing partner Signature: r—vm-� a�ms
F01336B493154F2... David Gibbons
Owner/Managing printed name:
Date:
11/19/2020
32 Clayton Street
Asheville, NC 28801
Phone:828-698-9800
www.cwenv.com
Jurisdictional Determination Request
U5 Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www. saw.usace. army.mil/Missions/RegulatoiyPermitProgram/Contact/CounlyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Anny Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 1310 Fanninc
City, State: Asheville, NC
Bridae Road
County: Buncombe County
Parcel Index Number(s) (PIN): See attached
B. REQUESTOR INFORMATION
Name: ClearWater Environmental Consultants
Mailing Address: 32 Clayton Street
Asheville, NC 28801
Telephone Number: 828-698-9800
Electronic Mail Address: britten@cwenv.com
Select one:
❑ I am the current property owner.
✓❑ I am an Authorized Agent or Environmental Consultant
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Minkles LLC
Mailing Address: 7 Parliament Place
Dallas, TX 75225
Telephone Number: (214) 616-0652
Electronic Mail Address: david@bunrootis.com
Must provide completed Agent Authorization Form/Letter.
Z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION3,4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
See Attached
Print Name
Capacity: ❑ Owner
Date
Signature
nt Authorization
❑ ✓ Authorized Agents
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ T intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
a If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area +/- 9.2 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.435753
Longitude:-82.533972
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11 x 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.anny.mil/Missions/Re ug latory-Permit-
Program/Jurisdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
OCompleted appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
❑ Vicinity Map
❑� Aerial Photograph
USGS Topographic Map
❑� Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
❑ NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
❑ Other Assessment Forms
www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 Apo A Prelim JD Form fillable.pdf
Please see http://www.saw.usace.army.mil/Missions/Re ug ]atory-Permit-Program/Jurisdiction/
Principal Purpose: The information thatyou provide will be used in evaluating your requestto determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under theregulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
govermnent agencies, and the public, and maybe made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which wi I be made avai lable to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: November 17, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Buncombe City: Asheville
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.435753 Long.:-82.533972
Universal Transverse Mercator: NAD83
Name of nearest waterbody: UT to French Broad
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
■❑ Field Determination. Date(s): 11/20/19 & 1/18/21
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
See Attached
See Attached
See Attached
See Attached
See Attached
See Attached
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
0 Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Vicinity, USGS Topographic, Aerial, USDA Soil, Stream/Wetland Delineation Map, and FEMA
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
0 U.S. Geological Survey map(s). Cite scale & quad name
1:24K / Skyland Quad
0 Natural Resources Conservation Service Soil Survey. Citation: NRCS Web SOII Survey
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: FIRM Panel:
3700964300K, effective 01 /06/2010
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ❑■ Aerial (Name & Date): NCCGIA 2019
or ❑ Other (Name & Date):
❑ Previous determination (s). File no. and date of response letter:
0 Other information (please specify): Property Ownership Information
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
aa.
Eric Romaniszyn
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
Potentially Jurisdictional Water
Site
Number
Latitude
Longitude
Estimated Amount
of Aquatic Resource
in Review Area
Type of
Aquatic
Resource
Geographic Authority to Which
the Aquatic Resource "may be"
Subject (404 or 10/404)
W1
35.434489
-82.532510
0.053 AC
Wetland
404
W2
35.435298
-82.534018
0.052 AC
Wetland
404
W3
35.433271
-82.531950
0.283 AC
Wetland
404
W4
35.434000
-82.531968
0.009 AC
Wetland
404
W5
35.434083
-82.531818
0.004 AC
Wetland
404
W6
35.434159
-82.532160
0.006 AC
Wetland
404
Wetland Total: 0.407 AC
S1
35.436027
-82.533505
232 LF (0.023 AC)
Perennial
Stream
404
S2
35.433887
-82.531926
96 LF (0.006 AC)
Perennial
Stream
404
Stream Total:
328 LF (0.029 AC)
Parcel Information
®Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
964371755900000 MINKLES LLC
1310 FANNING BRIDGE RD 7 PARLIAMENT PL, DALLAS, TX, 75225
KEY INFORMATION
i
Zoning - Neighborhood
Land Use Code W'HOUSE/STRG Municipality
Fire District - Special District
Present Use -
Appraisal Area Erik Simes (828) 250-4935 erik.simes@buncombecounty.org
Exemption -
Legal Description Deed Date:10/03/2022 Deed:6264-0138 Plat:0230-0036
Plat Reference 230-36
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
AIRPORT IND DIST. W'HOUSE/STRG 27.75 acres C7SB
INDUSTRIAL W'HOUSE/STRG 27.75 acres C7SB
BUILDING INFORMATION
Total Appraised Value
$0
C7SB
CAS
ASSESSED VALUE FLOODPLAIN
NO
NO
BUILDING(S)
BUILDING (1)
Quality
AVG
Building Type
COM CLASS C
Full Baths
0
Fireplaces
0
Heat Type
Style
COM CLASS C
Bedrooms
-
Patio
0
Garage
0
Unfinished
0
Basement
Porch
0
BUILDING (2)
TRANSFER HISTORY
TRANSFER DATE
No items to display
TRANSACTION PRICE
Condition
NORMAL
Year Built
1987
Half Baths
0
Story
0
Green Certification
Base
403608
Deck
0
Carport
0
Utility
0
Finished Basement 0
Building Value
VALID SALE BOOK / PAGE DEED INSTRUMENT
VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX REASON FOR LAND BUILDING FEATURES NEW
CHANGE YEAR CHANGE VALUE VALUE VALUE VALUE
No items to display
RECENT PERMIT ACTIVITY
PERMIT DATE
PERMIT TYPE
PERMIT STATUS
08/22/2022
COMMERCIAL DEMOLITION
COC ISSUED
08/10/2022
COMMERCIAL REPAIR OR UPFIT
PERMIT ISSUED
05/19/2021
COMMERCIAL REPAIR OR UPFIT
COC ISSUED
03/24/2020
COMMERCIAL REPAIR OR UPFIT
COC ISSUED
1 'h.,dtin
1
1
.i. 125
Asheville
� EY
A
•
38.3���a.
t
+55
j •::�
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us 25
f
Figures 1 - 6
Electrolux (+/- 9.2 AC)
01"ef j:kd
Bran -Rick Ln
'Cow
Asheville
Regional
Airport
Weilingtonlor
Avalon Dr
�y �Rd
F°unders W0 �, �1
¢ v �
280
a
Mckenna f'd Watson t
8un.cpmbe
fendersoitt
eyt Ft
o � way
4 y
MEMOS r
Project Boundary
3.%
ann� g Bridge '�d
r
r �]
wood ..
W
�e Wesdefdt The Carria
River Park
280 Broadrnoor
Golf Links
4a,�t • •'ane Gr8e4�
Rockwell Or
e$ 1ev r. N
Legend
f- r
0 0.25 0.5 1
Project Boundary Miles
Drawn by: BWY 2.3.21; CEC Project# 1082 Ik
Buncombe County, CLearWater Vicinity Map
North Carolina Figure l
145 76 Avenue West, Suite B
Hendersonville, NC 28792
Electrolux (+/- 9.2 AC)
2
L-�•1
+ T Y} ' 1 � . fir v �� % • +� '1 � I +\1 •
I •', a 1 �' ' • .Alt
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AASHEVILLE ►Q • • /. �r'r :' :i
REGidNk AIRPORT
YI
�; �$ `• "" Project Boundary�� y
' � Ih . �4 rr I JIB � : � ,' �• •`�•• r
Fr
10
UF9 I9 ` x
N
Legend f
7
r
0 0.25 0.5 1 i
Project Boundary '
, Miles
Drawn by: BWY-2.%3.21; CEC Project# 1082 ••• S . % '
Buncombe County, CLearWater Topographic Map
y North Carolina USGS 1:24k Quad: Skyland
145 76 Avenue West, Suite B Figure 2
Hendersonville, NC 28792
Electrolux (+/- 9.2 AC)
■
Project Boundary
4
ILL
\ \ \ .
,s
\ \ Project Boundary
+ 1\ 11\
JLegend
QProject Boundary
nbW ,2.3.21;CEC Project#
Buncombe County,
North Carolina
-iA
0 100 200 400
Feet
0-p-N,
[LearWater Aerial Imagery Map
NCCGIA (2019)
145 76 Avenue West, Suite B Figure 3
Hendersonville, NC 28792
Electrolux (+/- 9.2 AC)
--=----- — = t�
— — — _µ s
I CSC
Project Boundary
CSC \
UhE \ t r
s \ \ Project Boundary
a6
L �
r
Legend
Project Boundary
Soil
z
w_
CsC - Clifton sandy loam, 8-15% slopes N
UhE - Udorthents-Urban land complex, 2-50% slopes s .
0 100 200 400
Ux - Urban Land
Feet
y: BW ,2.3.21; CEC Project# 1082
Buncombe Count L..E paf - - r USDA Soil Map
y' North Carolina NRCS Web Soil Survey
-"
145 76 Avenue west, Suite B Figure 4
Hendersonville, NC 28792
Electrolux (+/- 9.2 AC)
N 0 100 200 400
Feet
Project Boundary J
Potential Non -Wetland
Waters of the U.S.
Potential
Wetland Waters
of the U.S.
.,�
A
Potential
• Wetland Waters
• of the U.S.
0 L
kn
'na1
Legend
• Culvert
Linear Wetland
& Stream
- Wetland
- Wetland - Sourced From Tank
Project Boundary
Contours - 4ft
Project Boundary
�.
Jurisdictional wetlands and waters identified on this map
have been located within sub -meter accuracy utilizing a
Trimble mapping grade Global Positioning System (GPS)
and the subsequent differential correction of that data. GPS
points may demonstrate uncorrectable errors due to
topography, vegetative cover, and/or multipath signal error.
Note: The illustrated wetland and stream locations are
approximate. These areas have been flagged in the field;
however, they have not been surveyed. Although
Clearwater Environmental Consultants, Inc. (CEC) is
confident in our assessment, the US Army Corps of
Engineers (Corps) is the only agency that can make final
decisions regarding jurisdictional wetland and waters of the
US delineations. Therefore, all preliminary determinations
are subject to change until written verification is obtained.
CEC strongly recommends that written verification be
obtained from the Corps prior to closing on the property,
beginning any site work, or making any legal reliance on this
determination.
This map was prepared by CEC using the best information i
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: Topo and Aerial - NC Onelvap
PotentiallySurisdictional Water
Stream
Linear Feet
Acres
Wetland
Acres
S 1
232
0.023
W 1
0.053
S2
96
0.006
W2
0.052
W3
0.283
W4
0.009
W5
0.004
W6
0.006
Total
328
0.029
Total
0.407
Potential'
Wetland Waters
of the U.S.
W4 W5 \
III \ Potential Non -Wetland
Waters of the U.S.
S2 \
\ - \
Potential
M
Wetland Waters
\
ofthe U.S.
1\
\ yt
Drawn by: BWY,2.25.21; CEC Project# 1082', 00
[LearWater Stream and Wetland
Buncombe County, Delineation Map
North Carolina Delineated 9/20/19 & 1 /18/21
145 7th Avenue West, Suite B
Hendersonville, NC 28792 Figure 5
Electrolux (+/- 9.2 Ac)
7W.
A I
Project Boundary- A - -
r Project Boundary
100YearFloodPlain _
0 500 1,000 2.000
iiiPEOPEEMI Feet `
Ur awn 6y: MKB Oate; 111 14.22 CEC: IIroject'O6996
[Lear\N ker FEMA Flood Map
Buncombe County, AnEneiroSGienceCompanyg FIRM Panel 3700964300K
North Carolina 1457thAve Wert, SuiteB (Eff. 1/6/2010)
Hendersonville, North Carolina 28792 Figure 6
Attachment A
Photo Log
i 1fi x, � a
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5— e r �I 'Ti � .. -
�_.� E �'. �C ,.
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�� � � � .��
� " $ ,. .,
,� . � :;�
�$ � �
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�� _
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Photo 3. Representative photo of Wetland 3 (W3), facing east.
Photo 4. Stream 2 (S2) facing upslope from W3.
Photo 5. Wetland 5 (W5) looking upslope towards 1-26.
Photo 6. Leaking water tower (off -site); source of hydrology for Wetland 6 (W6).
}
1
4-8/ j�. 2 0,21 �121
Attachment B
Wetland and Upland Data Forms
U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.,
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5.2a)
Project/Site: 1082 - Electrolux City/County: Buncombe County Sampling Date: 11.19.2019
Applicant/Owner: Minkles LLC State: NC Sampling Point: UPL 1
Investigator(s): Yant / Kurtz Section, Township, Range:
Landform (hillside, terrace, etc.): Urban Edge Local relief (concave, convex, none): Convex Slope (%): 2
Subregion (LRR or MLRA): LRR N Lat: 35.434586 Long:-82.532625 Datum: NAD 83
Soil Map Unit Name: UhE: Udorthents-Urban land complex, 2-50% slopes NWI classification: Not Shown on NWI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
—Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (B8)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (C1)
_ Drainage Patterns (B10)
—Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (07)
—Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (134) —Other
(Explain in Remarks)
—Stunted or Stressed Plants (D1)
_ Iron Deposits (B5)
—Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (B13)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: UPL 1
Absolute Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover Species?
Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 0 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 0.0% (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 0 x 2 = 0
1. Liriodendron tulipifera
15 Yes
FACU
FAC species 0 x 3 = 0
2.
FACU species 70 x 4 = 280
3.
UPL species 0 x 5 = 0
4.
Column Totals: 70 (A) 280 (B)
5.
Prevalence Index = B/A = 4.00
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
3 - Prevalence Index is 53.01
15 =Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
8 20% of total cover:
3
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation (Explain)
1. Festuca
80 Yes
'Indicators of hydric soil and wetland hydrology must be
2. Lycopodiopsida
40 Yes
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Fragaria vesca 30 No FACU
4. Taraxacum officinale
15 No
FACU
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5. Miscanthus sinensis
10 No
FACU
more in diameter at breast height (DBH), regardless of
6
height.
7•
Sapling/Shrub -Woody plants, excluding vines, less
8•
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11
of size, and woody plants less than 3.28 ft tall.
175 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
88 20% of total cover:
35
height.
Woody Vine Stratum (Plot size: 15 )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No X
Remarks: (Include photo numbers here or on a separate sheet.)
No Tree or Vine Stratum Present
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0
SOIL Sampling Point: UPL 1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc2 Texture Remarks
0-1 2.5y 4/3 100 Loamy/Clayey-
1-9 2.5y 5/4 80 2.5y 4/3 5 C M Loamy/Clayey Faint redox concentrations
9-12 2.5y 4/3 90 10yr 5/8 10 C M Loamy/Clayey Prominent redox concentrations
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
_ Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix.
Indicators for Problematic Hydric Soils3:
_ 2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
—Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
31ndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes No X
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.,
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5.2a)
Project/Site: 1082 - Electrolux City/County: Buncombe County Sampling Date: 11.19.2019
Applicant/Owner: Minkles LLC State: NC Sampling Point: W1
Investigator(s): Yant / Kurtz Section, Township, Range:
Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 2
Subregion (LRR or MLRA): LRR N Lat: 35.434291 Long:-82.532454 Datum: NAD 83
Soil Map Unit Name: UhE: Udorthents-Urban land complex, 2-50% slopes NWI classification: Not Shown on NWI
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
—Surface Soil Cracks (136)
X Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (B8)
X High Water Table (A2) —Hydrogen
Sulfide Odor (C1)
_ Drainage Patterns (B10)
X Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (B16)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (07)
—Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (134) —Other
(Explain in Remarks)
—Stunted or Stressed Plants (D1)
_ Iron Deposits (B5)
—Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
X Water -Stained Leaves (139)
_ Microtopographic Relief (D4)
X Aquatic Fauna (B13)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes X No
Depth (inches): 4
Water Table Present? Yes X No
Depth (inches): 0
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
Saturation and Groundwater Present 0-12 inches
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: W1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 2 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 3 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 66.7% (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species 85 x 1 = 85
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 70 x 2 = 140
1.
Salix discolor
45
Yes
FACW
FAC species 15 x 3 = 45
2.
Liriodendron tulipifera
20
Yes
FACU
FACU species 30 x 4 = 120
3.
Salix nigra
10
No
OBL
UPL species 0 x 5 = 0
4.
Rubus allegheniensis
10
No
FACU
Column Totals: 200 (A) 390 (B)
5.
Prevalence Index = B/A = 1.95
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
X 2 - Dominance Test is >50%
9.
X 3 - Prevalence Index is 53.01
85
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
43 20% of total cover:
17
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation (Explain)
1.
Carex ludda
60
Yes
OBL
'Indicators of hydric soil and wetland hydrology must be
2.
Scirpus cyperinus
20
No
FACW
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Typha latifolia 15 No OBL
4.
Dichanthelium clandestinum
15
No
FAC
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5.
Packera aurea
5
No
FACW
more in diameter at breast height (DBH), regardless of
6
height.
7•
Sapling/Shrub -Woody plants, excluding vines, less
8•
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11
of size, and woody plants less than 3.28 ft tall.
115
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
58 20% of total cover:
23
height.
Woody Vine Stratum (Plot size: 15 )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes X No
Remarks: (Include photo numbers here or on a separate sheet.)
No Tree or Vine Stratum Present
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0
SOIL Sampling Point: W1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc2 Texture Remarks
0-1 2.5y 4/2 100 Loamy/Clayey
1-12 5y 5/1 95 5y 5/6 5 C M Loamy/Clayey Prominent redox concentrations
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
_ Hydrogen Sulfide (A4)
—Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
X Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix.
Indicators for Problematic Hydric Soils3:
_ 2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
—Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
31ndicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches): Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0
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Attachment C
Threatened and Endangered Species Data
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2023-0015067
Project Name: Electrolux
November 11, 2022
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 enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
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 (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be 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))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other
11/11/2022
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws.gov/ ffice/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines 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. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handhnnk_
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
■ Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
■ Migratory Birds
■ Wetlands
11/11/2022
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
(828) 258-3939
11/11/2022
E
Project Summary
Project Code: 2023-0015067
Project Name: Electrolux
Project Type: Commercial Development
Project Description: Delineation and possible mitigation
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.435214200000004,-82.53444558590411,14z
Counties: Buncombe County, North Carolina
11/11/2022
Endangered Species Act Species
There is a total of 11 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Threatened
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
Reptiles
NAME
STATUS
Bog Turtle Glyptemys 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://ecos.fws.gov/ecp/species/6962
11/11/2022
4
Clams
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: littps://ecos.fws.gov/ecp/species/5039
Insects
NAME
STATUS
Monarch Butterfly Donaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME
STATUS
Bunched Arrowhead Sagittaria fasciculata
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1720
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullato
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4333
Lichens
NAME
STATUS
Rock Gnome Lichen Gymnoderma lineare
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
11/11/2022
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
rear:"M► • IMM", r11
11/11/2022
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 Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
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.
Bobolink Dolichonyx oryzivorus Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31
and Alaska.
Canada Warbler Cardellina canodensis Breeds May 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 10
and Alaska.
11/11/2022
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
■ RivPrinP
11/11/2022
IPaC User Contact Information
Agency: ClearWater Environmental Consultants, Inc.
Name: Eric Romaniszyn
Address: 145 7th Avenue West
Address Line 2: Suite B
City: Hendersonville
State: NC
Zip: 28792
Email eomaniszyn@enviroscienceinc.com
Phone: 8286989800
Roy Cooper, Governor
■�■� NC DEPARTMENT OF
■■■� NATURAL AND CULTURAL RESOURCES
■ ■■■
November 11, 2022
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, INC 28792
RE: Electrolux
Dear ClearWater Environmental Consultants, Inc.:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
N CN H D E-19964
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.ciov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The INC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally -
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butlerLncdcr.cLov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Q 121 W. JONES STREET, PALE IGH. NC 27 60 3 • 1GSI MAIL SERVICE CENTER. RALEiGH. NC 27699
i& 011919,707.9120 • FAX 919,707.9121
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Attachment D
Photo Log
Photo 1. Stream 1 (S1) facing downstream near midpoint of reach (Nov. 20, 2019).
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Photo 2. Wetland 1 (W1) facing north from culvert.
Photo 3. Representative photo of Wetland 3 (W3), facing east.
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Photo 5. Wetland 5 (W5) looking upslope towards 1-26.
Photo 6. Leaking water tower (off -site); source of hydrology for Wetland 6 (W6).
Photo 7. W6 linear wetland facing west.
Attachment E
NC Stream Assessment Method Forms
user manual version z.-i
INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5-minute topographic
quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same
property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User
Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if any supplementary
measurements were performed. Seethe NC SAM User Manual for examples of additional measurements that maybe relevant.
NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area).
PROJECT I SITE INFORMATION:
1. Project name (if any): Electrolux 2. Date of evaluation: 11 /20/2019
3. Applicant/owner name: 4. Assessor name/organization: T. Kurtz
5. County: Buncombe 6. Nearest named water body
7. River Basin: French Broad on USGS 7.5-minute quad: Kimsey Creek
8. Site coordinates (decimal (Tegrees, at lower end of assessment reach): 35.435869,-82.533586
STREAM INFORMATION: (depth and width can be approximations)
9. Site number (show on attached map): S1 10. Length of assessment reach evaluated (feet): 200
11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2 r Unable to assess channel depth.
12. Channel width at top of bank (feet): 4 13. Is assessment reach a swamp stream? {' Yes (- No
14. Feature type: (i Perennial flow r Intermittent flow ti` Tidal Marsh Stream
STREAM RATING INFORMATION:
15. INC SAM Zone: (e Mountains (M) r Piedmont (P) ( Inner Coastal Plain (1) Outer Coastal Plain (0)
16. Estimated geomorphic t J
valley shape (skip for (i a (' b
Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope)
17. Watershed size: (skip (e Size 1 (< 0.1 mi`) ( Size 2 1 to < 0.5 mi`) ( Size 3 (0.5 to < 5 mi`) ( Size 4 (>_ 5 mil)
for Tidal Marsh Stream)
ADDITIONAL INFORMATION:
18. Were regulatory considerations evaluated? (i Yes r No If Yes, check all that appy to the assessment area.
r Section 10 water r Classified Trout Waters r Water Supply Watershed ( (` I (` II (` III (- IV r V)
I- Essential Fish Habitat Primary Nursery Area r High Quality Waters/Outstanding Resource Waters
r Publicly owned property r NCDWR riparian buffer rule in effect r Nutrient Sensitive Waters
j� Anadromous fish r 303(d) List r CAMA Area of Environmental Concern (AEC)
r Documented presence of a federal and/or state listed protected species within the assessment area.
List species:
r Designated Critical Habitat (list species):
19. Are additional stream information/supplementary measurements included in "Notes/Sketch" section or attached? • Yes No
1. Channel Water- assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams)
r A Water throughout assessment reach.
{` B No flow, water in pools only.
( C No water in assessment reach.
2. Evidence of Flow Restriction - assessment reach metric
(o A At least 10 % of assessment reach in -stream habitat or riffle -pool sequence is adversely affected by a flow restriction or fill to the
point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impounded on flood or ebb within
the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates).
( B Not A
3. Feature Pattern - assessment reach metric
r A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert).
Co- B Not A.
4. Feature Longitudinal Profile - assessment reach metric
( A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming,
over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of
these disturbances).
(i B Not A
5. Signs of Active Instability - assessment reach metric
Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include
active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap).
( A < 10 % of channel unstable
( B 10 to 25 % of channel unstable
ro C > 25 % of channel unstable
6. Streamside Area Interaction - streamside area metric
Consider for the Left Bank (LB) and the Right Bank (RB).
LB RB
(-' A {` A Little or no evidence of conditions that adversely affect reference interaction
(i B (i B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect
reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area,
leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching])
( C (` C Extensive evidence of conditions that adversely affect reference interaction (little to no floodplain/intertidal zone access
[examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision,
disruption of flood flows through streamside area] or too much floodplain/intertidal zone access [examples:
impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a
man-made feature on an interstream divide
7. Water Quality Stressors - assessment reach/intertidal zone metric
Check all that apply.
I✓ A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam)
r- B Excessive sedimentation (burying of stream features or intertidal zone)
F C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem
r D Odor (not including natural sulfide odors)
F E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in the "Notes/Sketch"
section.
F F Livestock with access to stream or intertidal zone
F G Excessive algae in stream or intertidal zone
F H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc.)
Iz 1 Other: Excessive trash (explain in "Notes/Sketch" section)
r J Little to no stressors
8. Recent Weather —watershed metric
For Size 1 or 2 streams, D1 drought or higher is considered a drought, for Size 3 or 4 streams, D2 drought or higher is considered a
drought.
% A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours
% B Drought conditions and rainfall exceeding 1 inch within the last 48 hours
C No drought conditions
9 Large or Dangerous Stream — assessment reach metric
Yes r. No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition).
10. Natural In -stream Habitat Types — assessment reach metric
10a. Yes M No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive
sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging)
(evaluate for size 4 Coastal Plain streams only, then skip to Metric 12)
10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams)
F A Multiple aquatic macrophytes and aquatic mosses m N r F 5% oysters or other natural hard bottoms
(include liverworts, lichens, and algal mats) F- m G Submerged aquatic vegetation
r B Multiple sticks and/or leaf packs and/or emergent o r H Low -tide refugia (pools)
vegetation o r I Sand bottom
r C Multiple snags and logs (including lap trees) tM F J 5% vertical bank along the marsh
70 D 5% undercut banks and/or root mats and/or roots v 2 r K Little or no habitat
in banks extend to the normal wetted perimeter
i E Little or no habitat
*`'`'".-........ ..`.`..... *REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS""""""
11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
11a. r-' Yes re No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams)
11 b. Bedform evaluated. Check the appropriate box(es).
17 A Riffle -run section (evaluate 11c)
I✓ B Pool -glide section (evaluate 11d)
F C Natural bedform absent (skip to Metric 12, Aquatic Life)
11 c. In riffles sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged.
Check at least one box in each row (skip for Size 4 Coastal Plain Streams and Tidal Marsh Streams). Not Present (NP) _
absent, Rare (R) = present but < 10 % , Common (C) _ > 10-40%, Abundant (A) _ > 40-70%, Predominant (P) _ > 70 % . Cumulative
percentages should not exceed 100 % for each assessment reach.
NP R C A P
fe r" r r` r` Bedrock/saprolite
(o (^ ( {` {` Boulder (256 — 4096 mm)
(' f~ f+ r•' r•' Cobble (64 — 256 mm)
( f— fo {` {` Gravel (2 — 64 mm)
r r (► f' i Sand (.062 — 2 mm)
r (+ ( (' (' Silt/clay (< 0.062 mm)
r f+ r C C Detritus
ro r r` r -r Artificial (rip -rap, concrete, etc.)
11d. f—Yes (*— No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12. Aquatic Life — assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams)
12a. fa Yes r' No Was an in -stream aquatic life assessment performed as described in the User Manual?
If No, select one of the following reasons and skip to Metric 13. r~ No Water r~ Other:
12b. (a Yes %— No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check
all that apply. If No, skip to Metric 13.
1 >1 Numbers over columns refer to "individuals" for size 1 and 2 streams and "taxa" for size 3 and 4 streams.
i r Adult frogs
i r Aquatic reptiles
I- r Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats)
i r Beetles (including water pennies)
r Caddisfly larvae (Trichoptera [T])
i r Asian clam (Corbicula )
i r Crustacean (isopod/amphipod/crayfish/shrimp)
r r Damselfly and dragonfly larvae
r Dipterans (true flies)
r Mayfly larvae (Ephemeroptera [E])
7 r Megaloptera (alderfly, fishfly, dobsonfly larvae)
r_ r Midges/mosquito larvae
i r Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea)
i r Mussels/Clams (not Corbicula )
i r Other fish
F7 r Salamanders/tadpoles
7 [-' Snails
i r Stonefly larvae (Plecoptera [PI)
r r Tipulid larvae
r 7 Worms/leeches
13. Streamside Area Ground Surface Condition — streamside area metric (skip for Tidal Marsh Streams and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and
upland runoff.
LB RB
Co A io A Little or no alteration to water storage capacity over a majority of the streamside area
B B Moderate alteration to water storage capacity over a majority of the streamside area
C C Severe alteration to water storage capacity over a majority of the streamside area (examples include: ditches, fill,
soil, compaction, livestock disturbance, buildings, man-made levees, drainage pipes)
14. Streamside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types)
Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area.
LB RB
i` A % - A Majority of streamside area with depressions able to pond water >_ 6 inches deep
i B {` B Majority of streamside area with depressions able to pond water 3 to 6 inches deep
Majority of streamside area with depressions able to pond water < 3 inches deep
15. Wetland Presence —streamside area metric (skip for Tidal Marsh Streams)
Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the
normal wetted perimeter of assessment reach.
LB RB
Y {- Y Are wetlands present in the streamside area?
N %—o N
16. Baseflow Contributors —assessment reach metric (skip for size 4 streams and Tidal Marsh Streams)
Check all contributors within the assessment reach or within view of and draining to the assessment reach.
r A Streams and/or springs Qurisdictional discharges)
F B Ponds (include wet detention basins; do not include sediment basins or dry detention basins)
F C Obstruction that passes some flow during low -flow periods within assessment area (beaver dam, bottom -release dam)
F D Evidence of bank seepage or sweating (iron oxidizing bacteria in water indicates seepage)
F, E Stream bed or bank soil reduced (dig through deposited sediment if present)
r F None of the above
17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams)
Check all that apply.
r A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation)
R B Obstruction not passing flow during low flow periods affecting the assessment reach (ex: watertight dam, sediment deposit)
R, C Urban stream (>_ 24 % impervious surface for watershed)
T7 D Evidence that the stream -side area has been modified resulting in accelerated drainage into the assessment reach
r E Assessment reach relocated to valley edge
F F None of the above
18. Shading — assessment reach metric (skip for Tidal Marsh Streams)
Consider aspect. Consider "leaf -on" condition.
%W A Stream shading is appropriate for stream category (may include gaps associated with natural processes)
B Degraded (example: scattered trees)
ti C Stream shading is gone or largely absent
19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams)
Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top
of bank out to the first break.
Vegetated Wooded
LB RB LB RB
fe A Co A fi A %—o A ? 100-feet wide or extends to the edge of the watershed
ti B {` B i B %— B From 50 to < 100-feet wide
C C C r C From 30 to < 50-feet wide
i D {` D i D % - D From 10 to < 30-feet wide
C E C E r E C- E < 10-feet wide or no trees
20. Buffer Structure —streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Vegetated" Buffer Width).
LB RB
ro A ro A Mature forest
B C' B Non -mature woody vegetation or modified vegetation structure
C C Herbaceous vegetation with or without a strip of trees < 10 feet wide
D D Maintained shrubs
E E Little or no vegetation
21. Buffer Stressars — streamside area metric (skip for Tidal Marsh Streams)
Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but
is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet).
If none of the following stressors occurs on either bank, check here and skip to Metric 22: 17
Abuts < 30 feet 30-50 feet
LB RB LB RB LB RB
iA iA iA iA iA iA Row crops
i` B i` B i` B ti B ( B ( B Maintained turf
i` C i` C i` C ti C ( C ( C Pasture (no livestock)/commercial horticulture
i` D i` D i' D i D f— D C D Pasture (active livestock use)
22. Stem Density— streamside area metric (skip for Tidal Marsh Streams)
Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width).
LB RB
%4 A %—* A Medium to high stem density
B % B Low stem density
(` C r C No wooded riparian buffer or predominantly herbaceous species or bare ground
23. Continuity of Vegetated Buffer— streamside area metric (skip for Tidal Marsh Streams)
Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10-feet wide.
LB RB
(i A % A The total length of buffer breaks is < 25 percent.
{' B %— B The total length of buffer breaks is between 25 and 50 percent.
{ C %— C The total length of buffer breaks is > 50 percent.
24. Vegetative Composition — First 100 feet of streamside area metric (skip for Tidal Marsh Streams)
Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes
to assessment reach habitat.
LB RB
ro A A Vegetation is close to undisturbed in species present and their proportions. Lower strata composed of native
species, with non-native invasive species absent or sparse.
ti B ti B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native
species. This may include communities of weedy native species that develop after clear -cutting or clearing or
communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or
communities missing understory but retaining canopy trees.
C C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities
with non-native invasive species dominant over a large portion of expected strata or communities composed of planted
stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation.
25. Conductivity— assessment reach metric (skip for all Coastal Plain streams)
25a. {" Yes (o No Was a conductivity measurement recorded?
If No, select one of the following reasons. C No Water (- Other:
25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter).
(- A <46 (- B 46 to < 67 (` C 67 to < 79 i` D 79 to < 230 %— E >> 230
Assessment reach has several hundred ft long culverts at both ends. Excessive trash and sediment has built up at the downstream culvert inlet.
NC SAM Stream Rating Sheet
Accompanies User Manual Version 2.1
Stream Site Name Electrolux
Stream Category Mal
Notes of Field Assessment Form (Y/N)
Presence of regulatory considerations (Y/N)
Additional stream information/supplementary measurements included (Y/N)
NC SAM feature type (perennial, intermittent, Tidal Marsh Stream)
Function Class Rating Summary
Date of Evaluation 11 /20/2019
Assessor Name/Organization T. Kurtz
USACE/
All Streams
YES
NO
YES
Perennial
NCDWR
Intermittent
(1) Hydrology
(2) Baseflow
(2) Flood Flow
(3) Streamside Area Attenuation
(4) Floodplain Access
(4) Wooded Riparian Buffer
(4) Microtopography
(3) Stream Stability
(4) Channel Stability
(4) Sediment Transport
(4) Stream Geomorphology
(2) Stream/Intertidal Zone Interaction
(2) Longitudinal Tidal Flow
(2) Tidal Marsh Stream Stability
(3) Tidal Marsh Channel Stability
(3) Tidal Marsh Stream Geomorphology
HIGH
MEDIUM
HIGH
HIGH
MEDIUM
HIGH
HIGH
MEDIUM
LOW
HIGH
HIGH
NA
NA
NA
NA
NA
(1) Water Quality
(2) Baseflow
(2) Streamside Area Vegetation
(3) Upland Pollutant Filtration
(3) Thermoregulation
(2) Indicators of Stressors
(2) Aquatic Life Tolerance
(2) Intertidal Zone Filtration
LOW
MEDIUM
HIGH
HIGH
HIGH
YES
MEDIUM
NA
(1) Habitat
(2) In -stream Habitat
(3) Baseflow
(3) Substrate
(3) Stream Stability
(3) In -stream Habitat
(2) Stream -side Habitat
(3) Stream -side Habitat
(3) Thermoregulation
(2) Tidal Marsh In -stream Habitat
(3) Flow Restriction
(3) Tidal Marsh Stream Stability
(4) Tidal Marsh Channel Stability
(4) Tidal Marsh Stream Geomorphology
(3) Tidal Marsh In -stream Habitat
(2) Intertidal Zone Habitat
HIGH
MEDIUM
MEDIUM
HIGH
LOW
MEDIUM
HIGH
HIGH
HIGH
NA
NA
NA
NA
NA
NA
NA
Overall
HIGH
Attachment F
401 Pre -File Submittal
From:
401PreFile
To:
Clement Riddle
Subject:
Automatic reply: [External] RE: 401/Buffer Pre -filing Meeting Request
Date:
Wednesday, October 19, 2022 2:46:15 PM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
Background
On April 6, 2022, the United States Supreme Court issued an order staying a lower court's
vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule"
("Federal Rule"). As a result of the United States Supreme Court order, the Trump
Administration's Federal Rule has sprung back into effect.
The Trump Administration's Federal Rule imposes additional procedural requirements on
applicants for 401 Certifications and on DWR's processing of those applications. One
requirement is that 401 applicants must request a pre -filing meeting request at least 30 days
prior to submitting their 401 application. [40 C.F.R. §121.4] In turn, the Federal Rule requires
that applicants include documentation of their pre -filing meeting request in their 401
Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal
Rule for more information.
Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required
pre -filing meeting request documentation does not constitute a "certification request." As a
result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications
received after April 6, 2022 that do not have documentation that a pre -filing meeting request
was submitted at least 30 days prior to submittal of a 401 Certification application will be
returned as incomplete.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
https://deq.nc.gov/about/divisions/water-resources/water-quality permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deq.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1