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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 Electrolux (+/- 9.2 AC) ox'ogf Avalon ❑r �Rd '�°�r►dtrs W� ���, �� v pn�ei Rd v s a A 280 0 'i Ickenna ►qd Warso,�'A Bran -Rick Ln 7 ..tarn a-UncOrnbe ` P 11 en de sr on R Asheville Regional pay Airport 4 Project Boundary I {+ Vert Ra ' g 1 3rid e Rd 5 r r 1 rrn9 W°Dahl Westfeldt The Carria \ River Park I a 280 Broadmoor Golf Links 0 t Rockwell Dr miles Ifiew th N Legend 0 0.25 0.5 1 Project Boundary Miles Drawn by: BWY 2.3.21, CEC Project# 1082 Buncombe County, CLearWater Vicinity Map North Carolina Figure 1 145 7th Avenue West, Suite B Hendersonville, NC 28792 Electrolux (+/- 9.2 AC) F81 •S 1 ' J, �. I \� � -o + ' ASHEVILLE ►° i ,use r � - REcivV4 AIRPoRr � :� ����' 1 • � � LT. . Project Boundary � - L_-� r � • -� , � *,• - � "•J i 9%'Zie'8. Pry .Lt's^ , • � • •"�•. f r r V5 N 1 • Miles 'k WAT40 V f' Legend r _ Project Boundary Drawn by: BWY 2.3.21, CEC Project# 1082 , Buncombe County, North Carolina r , 0 0.25 CLearWater 145 7th Avenue West, Suite B Hcndcrsonvillc, NC 28792 0.5 ., Y IC Topographic Map USGS 1:24k Quad: Skyland Figure 2 Electrolux (+/- 9.2 AC) R sk- - 1A 6 Legend f-------- I Project Boundary iDrawby: —BWY, 2Y.2-1 —�C EC_ Projectft, Buncombe County, North Carolina I A Project Boundary =ftr 0 100 200 CLearWaLer 145 7th Avenue West, Suite B Hendersonville, NC 28792 Project Boundary N : 400 3Feet Aerial Imagery Map NCCGIA (2019) Figure 3 Ad Electrolux (+/- 9.2 AC) JI CSC \ 4 Project Boundary CSC UhE F- U \ 1\ \ Project Boundary T C 'I Legend Project Boundary Soil C CsC - Clifton sandy loam, 8-15% slopes t , UhE - Udorthents-Urban land complex, 2-50% slopes 0 100 200 Ux - Urban Land Drawn by: BWA -,Z .21; CEC Project# 1082 , Buncombe County, CLearWater North Carolina 145 7th Avenue West, Suite B Hendersonville, NC 28792 , UhE 1 �1 11\ \ 1\ 1 1\ \ 400 Feet USDA Soil Map NRCS Web Soil Survey 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 (2) - 1././.22 > O o Figure 5.1. Stream Crossing lz� and Bypass Pump Detail F01 ELECTROLUX EXPANSION HE for MINKLES LLC. 1310 FANNING BRIDGE RD. FLETCHER, NC 28732 TRWADE DETAILS 51vl � N IM — r a., -- ELECTROLUX INDUSTIAL BUILDING EXPANSION Electrolux (+/- 9.2 Ac) Fl- H� A t.. Project Boundary ;.a0 a�. ti Project Boundary 100YearFloodPlain ; 0 5001,000 2,000 AL Feet ❑fawn by: MKB Date; 11.1422 CE6Project# 99[i CLearWater FEMA Flood Map 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 $0 C7SB CAS ASSESSED VALUE FLOODPLAIN NO NO BUILDING(S) BUILDING (1) Quality AVG Building Type COM CLASS C Full Baths 0 Fireplaces 0 Heat Type Style COM CLASS C Bedrooms - Patio 0 Garage 0 Unfinished 0 Basement Porch 0 BUILDING (2) TRANSFER HISTORY TRANSFER DATE No items to display TRANSACTION PRICE Condition NORMAL Year Built 1987 Half Baths 0 Story 0 Green Certification Base 403608 Deck 0 Carport 0 Utility 0 Finished Basement 0 Building Value VALID SALE BOOK / PAGE DEED INSTRUMENT VALUE CHANGE HISTORY DATE OF VALUE EFFECTIVE TAX REASON FOR LAND BUILDING FEATURES NEW CHANGE YEAR CHANGE VALUE VALUE VALUE VALUE No items to display RECENT PERMIT ACTIVITY PERMIT DATE PERMIT TYPE PERMIT STATUS 08/22/2022 COMMERCIAL DEMOLITION COC ISSUED 08/10/2022 COMMERCIAL REPAIR OR UPFIT PERMIT ISSUED 05/19/2021 COMMERCIAL REPAIR OR UPFIT COC ISSUED 03/24/2020 COMMERCIAL REPAIR OR UPFIT COC ISSUED 1 'h.,dtin 1 1 .i. 125 Asheville � EY A • 38.3���a. t +55 j •::� r55 � us 25 f Figures 1 - 6 Electrolux (+/- 9.2 AC) 01"ef j:kd Bran -Rick Ln 'Cow Asheville Regional Airport Weilingtonlor Avalon Dr �y �Rd F°unders W0 �, �1 ¢ v � 280 a Mckenna f'd Watson t 8un.cpmbe fendersoitt eyt Ft o � way 4 y MEMOS r Project Boundary 3.% ann� g Bridge '�d r r �] wood .. W �e Wesdefdt The Carria River Park 280 Broadrnoor Golf Links 4a,�t • •'ane Gr8e4� Rockwell Or e$ 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 .` - �. -� '•\ v � • i=�' ILL WA�� � '� f� 1 + J v' � ma's--•' - •�F �• i• 1 �. �4+ � Pick � �3 • i 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 k� Q � h �a f }e ` 1 � �e� '^ d ��* 5— e r �I 'Ti � .. - �_.� E �'. �C ,. p� _� - 3 ? � <. .> �ti� � . �� � � � .�� � " $ ,. ., ,� . � :;� �$ � � 1 '� �:� ,�, � '' "' �� � _ _ _� �� _ � � �- ,a`I � .,�s �r• � - � -� � � ~ � �� _ 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 4-J a-J _ a� O z ❑ } i- j O O 1- j Cro C ro u O i V 61 rI L _ O S i 0 0 NN O N i _ O ro O rl O (f� N D z c CD Q CD N V) ^03 }W� V, ro y E O z \n Q ro Y..L u d C W ^u W a C O a t6 N CD � N a V 4 N `D n CP I da � N T T 0 r �N 9 T a; r LL � N O D7 lD � rl (say:)ul) Ilejuipb N O a-J O Q� z tm O O 1- j Cro C ro u O i Ln co rl L � Q O N n ` y ✓> � N ro Q � N ` y � r� D ' r� z a c a O N W V) ^03^ }W}� V, ru OC O z C O 7S: ro Y..L U C; d C O N C N ^' F C U y6 z T ❑ } ❑ M M T -c m No c � N a t_N-� L a O n� � N O � N C ti la C N Ir_ c6 p � N O U N � O L N L O O R � N � a� r O D7 0 N O rl (say:)ul) Ilejuipb 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 N Q � N � N O �o x N 6) C 0-) Q i W ro LLJ ro 00z (1) z z U U O W a� M N S M z C5 [)� 0 U)-0— C N u cn U) o U 75 Ln N � � N U) W M T U � U U Q �M N � U c E O Q N U W W U O C mort O O -F- I O � 0-) Lf)O ro Q J 0 O -0 N U a O O O U � m O E E Dz m E: S []� o E a E o ro W C O m Ln LSD ( LSD T CD T >, T T c r6 w r6 N C r6 O r6 N LF-O c6 ;- C C Q .E W' .E W .E W' ro .E W .— i� O O� D U� Uj U� W W Uj N c C W E T T � � -Ci N N -0 O N > O> 0 0 J=> O —i i —i L1 Ln N LS7 M S S W S W S O 00 O O O O 6) O 0 N 0 N 0 N 0� N N N c c Q L) y C c a U - ° �c m T N N U T Un Un m a O El - LE V) c c x W U — O� O 0 f`M M co U W N N7 M m U O o O E O 0 c D- o :3 0- (D x O El C7 Q LL 0 0 T T T T ) a ° v) ° n E 7 E 0 LL (D E C N o o 0 O T 0 E O >, N EL 2: 0 -0 00 00 C9 Ln Qc O O in LL ro V) E v LL > ro Q v Eh 0 v� ro N C O C N c ° O 0 N O Q 75 ro z 0 z C C Q N N O O 0 U � N — +D u u N � > O O + L O-J- na LL N m Q > c .� U N � J 0 — O U CO O W U z U -C L- (D� o L Q Ln U > 0 0 moo V) T � � v=zv W' U E C � O c > N 0 00 U u T Q L (1) O Cn N C cn E u v O E 0 T C 0 z c O N L M M — O Co CD CD >U�U Q Q C c Q CD CD (D (D O co N C C T J C r6 ro — N U O :T �7 U S z U N L O �i N 0 N Q N O � Z � C d O = N u i Z c c c CD 0) _o a) a) zs � co �I c VV0 c 0 O � c � V y I I L u LL 3 m D I ?outnLnase or I Kimsey Creek 6P''a Ln Ln I i o I ��. co aAm ♦ _ f Higgens Bronch - i I .a y�uoJ� surb6�H f z i o I � � 1 a wport Rd- L I d � C O `o � 4 L � I a I d o ys LP .YQ �O DO Ften! In 1. 3 M, O M Attachment D Photo Log Photo 1. Stream 1 (S1) facing downstream near midpoint of reach (Nov. 20, 2019). -C1117 i �+•< � - '' try _ - /,. r�. a J ei Y� Photo 2. Wetland 1 (W1) facing north from culvert. Photo 3. Representative photo of Wetland 3 (W3), facing east. t tlr ��5 Mojg Y Photo 4. Stream 2 (S2) facing upslope from W3. �Y'��I.- a ,.; �i ;��I ,• ��,� � ���J, ',!j� I IS ,s I.e 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