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HomeMy WebLinkAbout20190875 Ver 2_Modifications_20221128Staff 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# * 20190875 Version* 2 Is this project a public transportation project?* Yes • No Reviewer List: * Andrew Moore:eads\awmoore3 Select Reviewing Office: * Asheville Regional Office - (828) 296-4500 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: 10/28/2022 Project Contact Information Name: Tyson Kurtz Who is submitting the information? Email Address: tkurtz@enviroscienceinc.com Project Information Existing ID #: 20190875 20170001 (no dashes) Project Name: Haywood Park Estates Is this a public transportation project? Yes No Existing Version: 2 Is the project located within a NC DCM Area of Environmental Concern (AEC)? Yes No Unknown County (ies) Henderson Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach document Haywood Park Estates NWP 29 Application 11.03MB 11.28.22.pdf Only pdf or kmz files are accepted. Describe the attachments or comments: Project was formerly called Haywood Crossing. Nationwide Permit 29 and individual water quality certification application. Nearly identical site plan was permitted in 2019 but project was never completed. Current AJD request is still under review with the USACE (Action ID: SAW 2019-00485). 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: 11/28/2022 Is filled in automatically. CLearWaLer An EnviroScience Company C1earWater Environmental Consultants, Inc www.cwenv.com November 28, 2022 Ms. Brooke Davis US Army Corps of Engineers Mr. Paul Wojoski Asheville Regulatory Field Office NC DWR, 401 Permitting & Buffer Unit 151 Patton Avenue, Room 208 512 N. Salisbury Street, 9th Floor Asheville, North Carolina 28801 Raleigh, North Carolina 27604 RE: Haywood Park Estates (+/- 21 Ac) Nationwide Permit 29 and Individual Water Quality Certification Request Action ID: SAW-2019-00485 / DWR# 19-0875 Henderson County, North Carolina Dear Ms. Davis and Mr. Wojoski, The attached Pre -Construction Notification (PCN) is being submitted on behalf of Haywood Park, LLC; represented by Luis Graef. The project site is approximately 21-acres and is composed of Henderson County parcels: 9650069662, 9650161443, 9650163229, 9650164056, 9650164528, 9650165805, and 9650175207. Site is located 3676 Haywood Road in Hendersonville, North Carolina (35.3653605,-82.5179424). The residential development that was permitted in 2019 was started but not completed. None of the permitted impacts to waters on site appear to have been conducted. Tree clearing and associated ground disturbance has led to increased wetland area on the site. The current site plan is nearly identical layout to the previously permitted project. The current applicant is seeking a Nationwide Permit 29 and corresponding individual water quality certification for wetland and stream impacts associated with residential development of this tract. 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 Mr. Andrew Moore, NC Division of Water Resources (Asheville Office); and Mr. Byron Hamstead, US Fish & Wildlife Service (Asheville Office), and Ms. Andrea Leslie, NC Wildlife Resources Commission. Sincerely, Tyson Kurtz Biologist Copy issued: NCDEQ Division of Water Resources (Asheville Office) — Andrew Moore NC Wildlife Resources Commission —Andrea Leslie USFWS (Asheville Office) — Byron Hamstead 145 7th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary Data Entry Fields for New Actions SAW — 2019 - 485 1. Project Name: Haywood Park Estates 2. Work Type: Private ❑✓ Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose: NWP 29 and WQC request for a +/- 21 acre tract in Hendersonville, NC. 4. Property Owner /Applicant: Haywood Park, LLC; represented by Luis Graef 5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company 6. Related Action ID Number(s): SAW-2019-00485 7. Project Location - Coordinates, Street Address, and/or Location Description: The project site is located at 3676 Haywood Road in Hendersonville, North Carolina (35.3653605, -82.5179424). 8. Project Location - Tax Parcel ID: Multiple - See attached property data 9. Project Location — County: Henderson 10. Project Location — Nearest Municipality or Town : Hendersonville 11. Project Information — Nearest Waterbody: Mill Pond Creek (WS-IV) 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 # 29 ❑ Regional General Permit # ❑ Jurisdictional Determination Request ❑Pre -Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20210513 Tyson Kurtz From: Tyson Kurtz Sent: Friday, October 28, 2022 1:54 PM To: 401 PreFile@ncdenr.gov Subject: 401/Buffer Pre -filing Meeting Request Please fill out the following information: Project Name: Haywood Park Estates County: Henderson Applicant Name: Haywood Park LLC Applicant Email: tkurtz@enviroscienceinc.com (agent) **Please note that multiple projects may be submitted within the same email by supplying all the above information for each project. ***In the event your email is not allowing auto -responses, please save a copy of your sent email for your records and if necessary use that copy in application/form submittal. &e�a�W&er An EnviroScience Company@ Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Paul Wojoski 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize Clearwater 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: Phone Number: Email address: Haywood Park, LLC 3827 NW 126th Ave Coral Springs, FL 33065 (954) 963-9331 Igraef@etiflorida.com Property Location: 3676 Haywood Rd, Hendersonvi e, NC 28791 Owner/Managing partner Signature: Owner/Managing printed name: Luis Graef Date: /%9 /zv2--:�— 145 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com Henderson County, NC Tax Parcel Report Tuesday, September 27, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1007063 HAYWOOD PARK, LLC 3827 NW 126TH AVE CORAL SPRINGS, FL 33065 165 HAYWOOD PARK DR 003904/00526 2022-04-27 13:28: 00.0 1,600 R2 HAYWOOD PARK ESTATES L03 PLSLD-6542 9650.01 5.16000000 $0.00 $117,400.00 $117,400.00 48 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9650175207 HAYWOOD PARK ESTATES Hendersonville MOUNTAIN HOME FIRE SLID 6542 MILLS RIVER RUGBY MIDDLE WEST HIGH Hayesville loam, 7 to 15 percent slopes Rugby 3 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) THIS IS NOT A SURVEY. MI information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, egal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined )y a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson County, NC Tax Parcel Report Tuesday. September 27. 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1007064 HAYWOOD PARK, LLC 3827 NW 126TH AVE CORAL SPRINGS, FL 33065 146 HAYWOOD PARK DR 003904/00526 2022-04-27 13:28: 00.0 1,600 R2 HAYWOOD PARK ESTATES L04 PLSLD-6542 9650.01 2.14000000 $0.00 $67,800.00 $67,800.00 48 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9650165805 HAYWOOD PARK ESTATES Hendersonville MOUNTAIN HOME FIRE SLID 6542 MILLS RIVER RUGBY MIDDLE WEST HIGH Hayesville loam, 7 to 15 percent slopes Rugby 3 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) THIS IS NOT A SURVEY. MI information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, egal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined )y a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson County, NC Tax Parcel Report Tuesday, September 27, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip: Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1009439 Pin: 9650164528 HAYWOOD PARK, LLC Neighborhood: HAYWOOD PARK ESTATES 3827 NW 126TH AVE Township: Hendersonville CORAL SPRINGS, FL 33065 Municipality: 100 HAYWOOD PARK DR Tax District: MOUNTAIN HOME FIRE 003904/00526 Plat: SLID 7088 2022-04-27 13:28:00.0 Elementary School District: MILLS RIVER 1,600 Middle School District: RUGBY MIDDLE R2 High School District: WEST HIGH HAYWOOD PARK ESTATES L05 Soil: Hayesville loam, 7 to 15 percent PLSLD-7088 slopes 9650.01 Voting Precinct: Rugby 2.77000000 Commissioner District 3 $0.00 Agricultural District None Found $78,100.00 North Carolina House District 117 $78,100.00 U.S. House District 11 48 Flood Zone: Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 HIS IS NOT A SURVEY. I information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital edia, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties c erchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, gal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determine a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information /stem/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson County, NC Ilk .� r REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District Tax Parcel Report t " t -111 WARNING: THIS IS NOT A SURVEY Parcel Information 1009441 HAYWOOD PARK, LLC 3827 NW 126TH AVE CORAL SPRINGS, FL 33065 3628 HAYWOOD RD 003904/00526 2022-04-27 13:28: 00.0 1,600 R2 HAYWOOD PARK ESTATES L08 PLSLD-7088 9650.01 2.05000000 $0.00 $66,300.00 $66,300.00 48 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: Tuesday, September 27, 2022 9650164056 HAYWOOD PARK ESTATES Hendersonville MOUNTAIN HOME FIRE SLID 7088 MILLS RIVER RUGBY MIDDLE WEST HIGH Hayesville loam, 7 to 15 percent slopes Rugby 3 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) THIS IS NOT A SURVEY. MI information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, egal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined )y a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson County, NC Tax Parcel Report Tuesday, September 27, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1009440 HAYWOOD PARK, LLC 3827 NW 126TH AVE CORAL SPRINGS, FL 33065 3676 HAYWOOD RD 003904/00526 2022-04-27 13:28: 00.0 1,600 R2 HAYWOOD PARK ESTATES L07 PLSLD-7088 9650.01 2.52000000 $0.00 $74,000.00 $74,000.00 48 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9650163229 HAYWOOD PARK ESTATES Hendersonville MOUNTAIN HOME FIRE SLID 7088 MILLS RIVER RUGBY MIDDLE WEST HIGH Delanco (dillard) loam, 2 to 7 percent slopes Rugby 3 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) THIS IS NOT A SURVEY. MI information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, egal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined )y a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson Countv. NC Tax Parcel Report Tuesday, September 27, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1008511 Pin: 9650161443 HAYWOOD PARK, LLC Neighborhood: HAYWOOD PARK ESTATES 3827 NW 126TH AVE Township: Hendersonville CORAL SPRINGS, FL 33065 Municipality: 0 NO ADDRESS ASSIGNED Tax District: MOUNTAIN HOME FIRE 003904/00526 Plat: SLID 6855 2022-04-27 13:28:00.0 Elementary School District: MILLS RIVER 1,600 Middle School District: RUGBY MIDDLE R2 High School District: WEST HIGH HAYWOOD PARK ESTATES L06 Soil: Bradson gravelly loam, 2 to 7 PLSLD-6855 percent slopes 9650.01 Voting Precinct: Rugby 1.99000000 Commissioner District 3 $0.00 Agricultural District None Found $65,300.00 North Carolina House District 117 $65,300.00 U.S. House District 11 48 Flood Zone: Zone X, Not Shaded (Areas outside of the floodplain) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 'HIS IS NOT A SURVEY. ,II information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital iedia, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties o ierchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, )gal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determinec y a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information system/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Henderson County, NC Tax Parcel Report Tuesday, September 27, 2022 REID: Listed to: Mailing Address: Mailing City, State, Zip Physical Address: Deed: Date Recorded: Revenue Stamps: County Zoning: Property Description: Map Sheet: Assessed Acreage: Building Value: Land Value: Value To Be Billed: North Carolina Senate District WARNING: THIS IS NOT A SURVEY Parcel Information 1008510 HAYWOOD PARK, LLC 3827 NW 126TH AVE CORAL SPRINGS, FL 33065 0 NO ADDRESS ASSIGNED 003904/00526 2022-04-27 13:28: 00.0 1,600 R2 HAYWOOD PARK ESTATES L01 PLSLD-6855 9650.01 1.85000000 $0.00 $90,000.00 $90,000.00 48 Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC28792 P: (828) 698-515124 F: (828) 698-5122 Pin: Neighborhood: Township: Municipality: Tax District: Plat: Elementary School District: Middle School District: High School District: RZ71A Voting Precinct: Commissioner District Agricultural District North Carolina House District U.S. House District Flood Zone: 9650069662 HAYWOOD PARK ESTATES Hendersonville MOUNTAIN HOME FIRE SLID 6855 MILLS RIVER RUGBY MIDDLE WEST HIGH Bradson gravelly loam, 2 to 7 percent slopes Rugby 3 None Found 117 11 Zone X, Not Shaded (Areas outside of the floodplain) THIS IS NOT A SURVEY. MI information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the usera€—S own risk. Henderson County makes no warranties or guarantees, including the warranties of merchantability or of fitness for a particular purpose. Map data is not appropriate for, and is not to be used as, a geodetic, egal, or engineering base system. The data is not intended as a substitute for surveyed locations such as can be determined )y a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). o`1�F W a rq I 1 T. Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1 d. 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 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 In 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: Haywood Park Estates 2b. County: Henderson 2c. Nearest municipality / town: Hendersonville 2d. Subdivision name: n/a 2e. NCDOT only, T.I.P. or state project no: n/a 3. Owner Information 3a. Name(s) on Recorded Deed: Haywood Park Estates, LLC 3b. Deed Book and Page No. Multiple (see attached property data) 3c. Responsible Party (for LLC if applicable): Luis Graef 3d. Street address: 3827 NW 126th Ave 3e. City, state, zip: Coral Springs, FL 33065 3f. Telephone no.: 954-963-9331 3g. Fax no.: n/a 3h. Email address: Igraef@etiflorida.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: Tyson Kurtz 5b. Business name (if applicable): ClearWater, An EnviroScience Company 5c. Street address: 145 7th Avenue W; Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 ext. 302 5f. Fax no.: n/a 5g. Email address: tkurtz@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): Multiple (see attached property data) 1b. Site coordinates (in decimal degrees): Latitude: 35.36536 Longitude:-82.517942 1 c. Property size: 21 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Mill Pond Creek 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad / 06010105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The project site is partially clear cut with two separate tracts of forest remaining. An existing private road with cul-de-sac is present on the eastern half. A stream bisects the site. The surrounding land use is a mixture of low -high density residential properties, two schools, and a few scattered tracts of undeveloped forest. 3b. List the total estimated acreage of all existing wetlands on the property: 0.536 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,402 3d. Explain the purpose of the proposed project: To re -authorize residential development of 20 lots, roads, and water and sewer utility connections. 3e. Describe the overall project in detail, including the type of equipment to be used: See Additional Information following the PCN form. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: see 4d. 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑X preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (If known): T. Kurtz & J. Golladay (Current) Agency/Consultant Company: Clearwater Env. Cnslts (Current) Other: McGill Associates (Former PJD) 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. A PJD was issued April 25, 2019 (MCGIII Del ineation)(SAW-2019-00485)(Appendix B). A new PJD request submitted October 6, 2022 but switched to an AJD request following the site visit with USACE on October 24, 2022. The AJD request is still under review (See Appendix C for Delineation Map). 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. See Additional Information following the PCN form. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑X No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. Wetland impact number Permanent (P) or Temporary T 2b. Type of impact 2c. Type of wetland 2d. Forested 2e. Type of jurisdiction Corps (404,10) or DWQ (401, other) 2f. Area of impact (acres) W1 P Fill Bottomland Hardwood Forest No Corps 0.147 W2 P Fill Bottomland Hardwood Forest No Corps 0.001 W3 T Excavation Bottomland Hardwood Forest No Corps 0.003 W4 T Excavation Bottomland Hardwood Forest No Corps 0.002 W5 P Fill Headwater Wetland No Corps 0.318 W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.471 2h. Comments: 0.025 Ac of non-404 regulated wetlands (WD and WD) are proposed to be filled; automatically authorized under NJGP100000 (pending AJD approval). 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 T Excavation SA -UT Mill Pond Creek PER Corps 6 22.6 S2 T Excavation SA -UT Mill Pond Creek PER Corps 6 21.7 S3 Choose one S4 Choose one S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 44.3 3i. Comments: S1 and S2 are for underground utility line crossings; no permanent loss of stream bed. 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 indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated p1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See additional information following PCN form. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. All construction equipment would be operated from high ground. Appropriate erosion and sediment control measure will be implemented to avoid unintended impacts to waters on site. The underground utility line crossings will be installed "in -the -dry" (See Figure 5.0-5.1 for details). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑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? ❑X Mitigation bank 0 payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: Puncheon Fork and Shiitake Ridge 3b. Credits Purchased (attach receipt and letter) Type: Stream Type: Choose one Type: Choose one Quantity: 0.273 Ac Quantity: Quantity: combination of credits from these two pri—va-fe-Ea—Ws--and the ILF program will be used to satisty mitigation requirements pp 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.193 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: ILF program will be used for remaining credits after all available private bank credits are used. See Appendix D. 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? 24 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed project is subject to review and approval by Henderson County. Henderson County is a delegated authority for the review and approval of Stormwater Management Plans. A Stormwater Management Plan was submitted to Henderson Co. and is currently under review. Documentation of approval can be forwarded upon request. 2e. Who will be responsible for the review of the Stormwater Management Plan? Henderson Co. 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Henderson Co. ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 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? El 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 ❑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 project only involves work inside the project boundary. This project will not result in additional development that could affect 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 Wastewater the proposed project, or available capacity of the subject facility. be treated by the The tie-in location is Figure 5.0 will municipal sewer system. proposed shown on 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 ❑X Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Additional Information following the PCN form and Appendix E. 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 November 17, 2022 at https://www.habitat.noaa.gov/apps/efhmapper/. 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? See Additional Information following the PCN form. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑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 Panels: FIRM Panel: 3700965000J (eff. 10/2/08). See Figure 6. Tyson Kurtz /> 11-23-2022 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form Additional Information Section B.3e Project Description - Details The project proposes 20 lots for single-family residential houses, one new road, and on -site water and sewer utility line extensions. An existing road and cul-de-sac are located along the western side of the project site (see Figures 3 and 5). An extension of the existing road is proposed to access the lots proposed in the northern corner of the site. To access the proposed lots on the eastern half of the site, a second access road is proposed. This current site layout is nearly identical to the previously permitted site plan in 2019 (see Section B.5b, Figure 5, and Appendix A). The previously permitted plan was approved by Henderson County Technical Review Committee and an Erosion Control Permit was issued. However, the previously permitted site plan was never built and none of the proposed impacts to waters appear to have been conducted. Tree clearing was conducted for the permitted project along the east side of the central stream (currently called SA) and the proposed road corridor on the west side of SA (compare Figure 3.0 and 3.1). Tree clearing and ground disturbance has altered the hydrology, ground surface, and vegetation structure which resulted in increased wetland acreage on site. The tree clearing on the east side of SA appears to have resulted in an elevation of the ground water table surrounded wetland A (WA). This wetland was verified as 0.02 acres on April 25, 2019 (also called WA) but is now 0.156 acres as of this submittal. The 2019 wetland was limited to the ditch line, but now extends approximately 200 feet upslope of the ditch and a couple feet on either side of the ditch. Silt fencing was left in place along the central stream and retains surface water in the recently formed wetland area upslope of the ditch. Based on historic aerial imagery, a gravel access road was installed on the east side of the stream to allow tree clearing equipment to access the proposed road alignment. Trees were cleared and the ground surface was severely disturbed. As verified in 2019, the current wetland B (WB) was not present. WB appears to have formed as the ground surface was manipulated, altering overland flow towards the compacted, low spot surrounding the access ramp. This area now meets USACE wetland criteria and the formerly verified wetlands WB and WD have since dried out or reduced in size with the altered landscape (Compare to current delineation map —Appendix C). Due to the current site plan being nearly identical to the previously permitted one that wasn't required to mitigate for wetland impacts, and the start of that project leading to creation of larger wetland areas, the applicant respectfully requested a 1:1 mitigation ratio for the proposed permanent wetland impacts. The NC Wetland Assessment Method (NCWAM) method rated both current WA and WB as "Low" functional ratings. These wetlands contain mostly herbaceous vegetation with only pockets of young willows, tag alder, and other scrub shrub vegetation. A Nationwide Permit 29 and associated Individual Water Quality Certification are requested to authorize these impacts. Installation of the water and sewer utility line stream crossings will be conducted "in the dry" (Figure 5.0-5.1). Vegetated stream bank stabilization details for the utility line crossings are provided on Figure 5.2. Due to the degree of stream channel incision and active bank failure, hard bank stabilization measures may be used instead of vegetated stabilization to ensure bank stability. Typical construction equipment will be used on site including bulldozers, excavators, dump trucks, etc. Section B.5b Project History - Details A written Water Quality Certification (DWR# 19-0875) was issued on November 8, 2019, for 0.090 acres of permanent wetland impact, 0.010 acres of temporary wetland impact, and 25 linear feet of temporary stream impacts associated with residential development and associated utility line crossings. See Appendix A for a copy of the WQC and impact plan sheets. A corresponding Nationwide Permit was issued by the USACE around the same time but is unavailable to the applicant. These permits have expired, and it does not appear that any of the authorized temporary or permanent impacts to waters on site have been conducted. Section D.la Avoidance and Minimization - Design The project design avoids permanent impacts to 100% of streams on site and 0.051 acres of 404- regulated wetland (10% of wetlands on site). An on -site alternative was considered where a road crossing would be constructed over the central stream in lieu of a secondary access road to NC Highway 191 on the east side of the central stream. This alternative would have resulted in a permanent stream crossing impact and would have still required filling most of the low functional quality wetland that has recently formed in the alignment of the proposed secondary road. Additionally, the stream crossing alternative would create ground disturbance and built upon area inside the WS-IV buffer. Therefore, this alternative was dismissed. Section F.5d Endangered Species and Designated Critical Habitat — Sources A threatened and endangered species review and habitat assessment is included in Appendix E. In summary, potentially suitable summer habitat for the northern long-eared bat is present in the forested areas along the central stream but the project satisfies the 4(d) rule and consultation for effects on the northern long-eared bat is not required. Potentially suitable habitat was identified on site in the northeast corner of the confluence of stream A and stream B. This area will be avoided by the proposed development. Therefore, it is the opinion of Clearwater that this project would not adversely affect small whorled pogonia. Potentially suitable summer habitat for the tricolored bat is also present in the forested areas around the central stream; however, this species is not formally listed at this time and no formal management guidelines are in place. No suitable habitat was observed on site for any other federally protected species known to potentially occur within the vicinity of the project site. Therefore, it is of the opinion of ClearWater that this project will not adversely affect federally protected species potentially occurring within the project area. Section F.7b. Historic or Prehistoric Cultural Resources — Sources Two historic sites are within a one -mile radius of the project site. Moss -Johnson Farm; Site ID: HN0043 (Status NR) is located approximately 0.5 miles southeast of the project site. Allen - Jamison House; Site ID: HN0248 (Status DOE) is approximately 0.75 miles southeast of the project site. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed November 17, 2022. These two sites would not be within the viewshed of the proposed residential development. Additionally, the proposed residential development is consistent with the other residential developments surrounding these two historic sites. Haywood Park Estates (+/- 21 Ac) N /y a N 3 �I Ndp,Ies r � rRugby=Lkr--= o `Opp II 25 Project Boundary i\ B a I f\\r Woodland Hills 00 0 N tl avis �yo O unta7n IPa Sky Village Project Boundary Drawn by: TJK Date; 9.27.22 CEC Project #16629 9s 03 1 sf 1 0'oy Mounts, 25 Holly, Hill \\ Terrace Gardens --- Laurel_Park--,. Hendersonvill Fn Country Cluq Druid Hills j// � 4�rQ V` oC?Ci Hendersonville lil II JJ G'ro, 0.5 1 ,�Oy' CLear\Nater Vicinity Map Henderson County AnEnvhuEule^ceC°mpanY® Figure 1 North Carolina 145 7th Ave West, suite B 9 Hendersonville, North Carolina 28792 2 Miles Haywood Park Estates (+/- 21 Ac) mill Hader -V� :` �■ Mile aw a UF8 5, Kin die 0 171 vl� l]1 ] �• Project Boundary �• '._.. � `YA V C w. y ,, ■ � v�7Li. T r lJ� � � J .# ��..= If Lq mvg MON Is. .. ( - USGS Topographic .. CLearWater 7.5 Min Quads: Skyland, Horse Shoe, Henderson County North• Hendersonville, North Carolina 28792 Figure Haywood Park Estates (+/- 21 Ac) N P. V �'�, :t Protect Boundary T % /' �►� Ara a k w5L I - it It �s • �� �. I'i.F : � , ;x F• .: tiff k; - :��::F w :h _ w �— Project Boundary ;� �p �; �. 0 200 400 800 \ \,' `.I }' Feet y: T'JK Date; 9FD7.22 CEC Project #16E Y� CearWater Aerial Imagery Map Henderson County AnE A-E.1.ncecompanY® NCCGIA 2019 North Carolina 145 7th Ave West, suite B Hendersonville, North Carolina 28792 Figure 3 \. Al r�A MM Haywood Park Estates (+/- 21 AC) ii Project Boundary ti Ak 7 Project Boundary . . . . . . . . . . . . 0 200 400 800 Feet Drawn by: ,TJK,ll �17.22; ES_Pr0J'Tct#16629Ml Henderson County, CLearWaLer North Carolina An E-IFO&M- Cw PWV @i 145 7th Avenue West, Suite B Hendersonville, NC 28792 -"IEW7 WE-90. -Z' i. Aerial Imagery Map Oct. 2021 (Google) Figure 3.1 Haywood Park Estates (+/- 21 Ac) Project Boundary Soil Units BaB: Bradson gravelly loam, 2-7% slopes _ C DeB: Delanco (dillard) loam, ° p 2-7 /o slopes C, HyC- Hayesville loam, 7-15% slopes " 'q 0 HyE- Hayesville loam, 15-25% slopes 'a •= Project Boundary - ,`. \ y kill, Al i Ilk BaB r S_ } ' `%P, 0 200 400 .1K Henderson County North Carolina DeB CearWater An E—iI E.10nC6 Company 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USDA Soils Map NRCS Web Soil Survey Figure 4 � » ) z ± g cg y\C) <\>r - � ) _ � \ / \ z d© .of 2 , ILL =_: NATURAL. GROUND TEMP. Ir CMP MREAM FLOW 4' MIN. 2' ii, SECTION A —A TEMP. 1a' OW FOR SMEAAI FLAW GROUND '1-EXTEN0 FILTER FABRIC 12- INTO CHANNEL BANK lS5 6 RIPRAP MINIMUM THICKNESS) FILTER FABRIC BLANKET (MIRAFI 14ON OR APPROVED EOUAL) #O�7 SANDW sTnNe STREAMI BLp 2. { AVATE] MATERIAL FILTER FABRIC WIDTH Y CLASS B RIPRAP (REMOVE AFTER TCP 5Tr+EA4 RANK CONSTRUCRON OR REUSE FOR STREAM BANK STABIIJ2ATIDN) 14' 94- WATER OR BEWM LINE I 1 IIDTE ALL DI90NaCE FROM OEARTERNC T11E WORK AREA SKA L BE PUMPED TO OTHER A TEMPORARY SELEEHT TRAP OR DEWATERM SILT W PER DEPAS FE: 01/12/2019 SS-0ll21 ALE: NOT TO SCALE City of Hendersonville Engineering Department 305 Wllllinoc Siroet 119r1d916&M11E1 NC 28792 (020) 697-30DO (0111Cel www'0tYOf)LTtidCrti fl'illo q NOTE: STABILRE STREAM BA DETAIL AFTER PIPE INSTALL M' Or 007 WAS SMALL CREEK CROSSING CRAP FOR Low SEWER LINE )AM am \�T\11111111/// Pik N otElp r C6`I �� f '''�IIIIIIIIIT�`` FwGLA ENGINEERING, PLLC Stream 724 5th AVENUE WGLA HAYWOOD PARK Impacts HENDERSONVILLE, NC 28739 SUBDIVISION Figure5.1 (828) 687-7177 Henderson County Job #: 22130 Engineering WGLA.COM North Carolina Date: 10-31-22 NC LICENSE P-1342 Scale: NTS NOTE: -MATTING SHALL BE COIR FIBER, 750 GRAM PER SQ. METER WITH NOMINAL 0.50 IN. OPENING SIZE. -TO BE USED FOR MINOR STREAM CROSSING LOCATIONS. -SEEDING TO BE RIPARIAN MIX (ERNST MIX 304, ERNST MIX 307 OR EQUIVALENT) ANCHOR MATTING \ IN 8" TRENCH 1' MIN. � 2:1 MAX SLOPE FOR SIDE OF BANK T MATTING PLACED FLUSH WITH BANK SURFACE, LAP OVER DOWNSTREAM/DOWN SLOPE SEAMS 12" WOOD STAKE PLACED IN 3' O.C. DIAMOND PATTERN SMOOTH SURFACE, REMOVE ALL STREAM BED DEBRIS AND SEED/MULCH BEFORE PLACING MATTING EXTEND MATTING A MIN. OF MATTING ANCHORED 1' BELOW 6" BELOW WETLAND BED. STREAM OR WETLAND BED STREAM BANK STABILIZATION DETAIL NOT TO SCALE Pik N 04E]por C6`I �� f ' L. DERV ` FwGLA ENGINEERING, PLLC Stream 724 5th AVENUE WGLA HAYWOOD PARK Impacts HENDERSONVILLE, NC 28739 SUBDIVISION Figure5.2 (828) 687-7177 Henderson County Job #: 22130 Engineering WGLA.COM North Carolina Date: 10-31-22 NC LICENSE P-1342 Scale: NTS Haywood Park Estates (+/- 21 Ac) 10 200 400 Henderson County North Carolina 800 M Feet CearWater An E­.,r��,­ a,-Companyr0- 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 ' 1 Project Boundary 0 FEMA 1000-Year Floodplain FEMA Flood Zone Map FIRM Panel: 3700965000J Figure 6 Appendix A: Previous NC DEQ Water Quality Certification (NCDWR # 2019-0875) •_ Associated Impact Maps DocuSign Envelope ID: ioB1B447-6E43-461A-B70E-880062874829 ROY COOPER Governor MICHAEL S. REGAN serrerary LINDA CULPEPPER D1rerror Spano & Associates Haywood, LLC Attn: Ralph Spano 1540 International Parkway, Suite 200 Lake Mary, FL 32746 NORTH CAROLINA Envlronmenraf Quallry November 8, 2019 DWR# 19-0875 Henderson County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Haywood Crossing Subdivision Dear Mr. Spano: You have our approval for the impacts listed below for the purpose described in your application dated June 28, 2019, received by the Division of Water Resources (Division) June 28, 2019, with fee received July 2, 2019, additional information received August 12, 2019, and revised plans received November 5, 2019. This approval supersedes the approval issued August 22, 2019. These impacts are covered by the attached Water Quality General Certification Number 4139 and the additional conditions listed below. This Certification is associated with the use of Nationwide Permit Number 29 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. This approval requires you to follow the conditions listed in the enclosed certifications) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. (15A NCAC 02H .0506(b) and/or (c)] North Carolina Department of Environmental Quality 4 Division of Water Resources Asheville Regional Office 1 2090 U.S. Highway 70 I Swannanoa. North Carolina 28778 y+tea r 82B.296.4500 DocuSign Envelope ID: IDB1B447-6E43-4B1A-B7OF- BB0062874829 Haywood Crossing Subdivision DWR# 19-0875 401 Approval Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Wetlands W 1 0.020 (acres) W2 0.030 (acres) W3 0.040 (acres) W4 0.010 (acres) Stream S1 25 ]feet) 2. This approval is for the purpose and design described in your application. The plans anc specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. The permittee shall report to the Asheville Regional Office any noncompliance with this certification, any violation of stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case - by -case basis. 4. The portion of Wetland ❑ not permitted for impact shall be clearly marked (example - orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2)] 5. Submit proof of Henderson County's approval of the stormwater management plan (SMP). The approval shall be submitted to Andrew Moore (Andrew.W.Moore@ncdenr.gov) before any impacts authorized in this certification occur. After it is approved, the SMP may not be modified without prior written DocuSign Envelope ID: IDB1B447-6E43-4B1A-B7OF- BB0062874829 Haywood Crossing Subdivision DWR# 19-0875 401 Approval Page 3 of 4 authorization from Henderson County. If modified, a digital copy of the approval letter and the modified SMP shall also be submitted to Andrew Moore (at the email address above) prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5) and (c)(5)] 6. Spano & Associates Haywood, LLC shall be registered with North Carolina's Secretary of State's Office and proof of registration shall be provided to Andrew Moore (Andrew.W.Moore@ncdenr.gov) before any impacts authorized in this certification occur. [15A NCAC 02H .0502(b)(2)) This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the ❑AH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original and one (1) copy along with any applicable ❑AH filing fee is received in the ❑AH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): ❑ffice of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ-. William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 QocuSign Envelope ID lDBIB447-6E43-4B1A-B70E-880062874829 Haywood Crossing Subdivision DWR# 19-0875 401 Approval Page 4 of 4 This letter completes the review by the Division under section 401 of the Clean Water Act as described in 1SA NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov rf you have any [questions or concerns. Sincerely, I�❑ncuSlgned by: vile f o.781R2775374DO Zan Price, P.E., Assistant Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 4139 Certificate of Completion cc: Jon Swaim — McGill and Associates (via email) David Brown — USACE Asheville Regulatory Field Office (via email) Andrea Les#ie — NCWRC (via email) ❑WR ARO 401 files 6.\WR\WQ\Henderson\401s\ ton-Dai\Haywood Crossing5ubdivision\2C19118_HaywoodCrossing5ubdivision_APPRVL.docx fi61P]i3SNi]i]NYIf SLSPZSL IAi81'Hd IOABi,]N 3YIL1dNStl aaaarsavores �„ e,.pm crauela HON V N Id- ON INN V'I d- O K IN9HNIONH �+<�•,,. IewM 661�-celoa al S L d I D O S S `d VNIIOHVO HlaON'h1Nn0O NOSa3GN3H LU M3�BN�163o Nt1�d 2AdldM w r- -ivss 'Ol�'OOOMJ.t/H 531tlI00SStl a ONtldSLU NOISIAIa9nS EJNISSM10 OOOMA' H Nv1 h0 Q3N�193o W maz.sn�m aLva � �� ' ` wr roloo�el ��orl eor ` S b a I' o I li \: II El a I iy I u�c I _ T W �Iwli II W? 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Q T� a E aN E E am yr a J Appendix B: Former Preliminary Jurisdictional Determination (SAW-2019-00485 / Issued: April 25, 2019) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2019-00485 County: Henderson U.S.G.S. Quad: Horseshoe NOTIFICATION OF JURISDICTIONAL DETERNIINATION Property Owner: Spano&_ Associates Haywood, LLC / Attn.: Ralph Spano Address: 1540 International Parkway, Suite 200 Lake Mary, FL 32746 Telephone Number: 407-936-2186 Size (acres): 18.48 Nearest Town. Hendersonville Nearest Waterway: UTs Mill Pond Creek Coordinates: 35.36500 N, 82.51787 W River Basin/ 14UC: Upper French Broad (06010105) Location description: The project site is located on a tract of land (PINS 9650-06-9662, 9650-16-1443, 9650-16-4056, 9650-16-3229 9650-16-4528, 9650-16-5805, and 9650-17-5207) of seven adioininz lots alone Haywood Park Drive and Hayffood Road north and east of the intersection of Hayffood.Park Drive andItaywood Road in Hendersonville Henderson County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X_ There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved 3D, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the CIean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA.) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described propertysubject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 42h or david.w.brown@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on April 9, 2019, and are as approximately depicted on the attached Delineation Map (dated March 5, 2019) submitted by McGill Associates. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by, NIA (Preliminary -JD). **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: David Brown Issue Date of JD: April 25, 2019 Expiration Date: NIA Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hq://coxpsmgpu.usace.armv.mil/cm a ex/f? =136:4:0. Copy furnished: McGill Associates, P.A., Jon Swaim, 1013 State Farm Road, Boone, NC 28607 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: April 25, 2019 13. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Spano & Associates Haywood, LLC / Attn.: Ralph Spano 1540 Tntemational Park -Way, Suite 200 Lake Mary, FL 32746 C. DISTRICT OFFICE, FIDE NAME, AND NUMBER: CESAW-RG-A, SAW-2019-00485, Haywood Park Estates D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is located on a tract of land (PINS 9650-06-9662, 9650-16-1443, 9650-16-4056, 9650-16-3229, 9650-16-4528, 9650-16-5805, and 9650-17-5207) of seven adjoining lots along Haywood Park Drive and Haywood Road, north and east of the intersection of Haywood Park Drive and Haywood Road in Hendersonville, Henderson County, North Carolina. State: NC county/parish/borough: Henderson City: Hendersonville Centex coordinates of site (lat/lonb in degree decimal format): 35.36500 N, 82.51787 W Universal Transverse Mercator: NIA Name of nearestwaterbody: UTs Mill Pond Creek. E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: April Z5, 2019 Field Determination. Date(s): April 9,2019 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVWW JURISDICTION AREA WHICH "MAY BE" SUBJECT TO REGULATORY Estimated Amount o f Aquatic Resource in Review Area (linear feet or acre) 0.02 ac Type of Aquatic Resources Z Wetland 0 Nan -wetland Waters Geographic Authorit to Which Aquatic Resource "May Be" Subject M Section 404 Q Section 10/404 Centered Coordinates Site Number (decimal degrees) Latitude Longitude WA 33.3657 -82.5184 0.03 ac Wetland p Non -wetland Waters Sectio*+ 404 ❑ Section 10/404 WB 35.3649 -82,511 0.005 Wetland Non -wetland Waters Section 404 j], Section 10/404 WC 353657 82.5181 0.07 ac 1,855 if Wetland Non -wetland Waters Q Wctland Non -wetland Waters Section 404 [ Section LO/404 ® Section 404 ❑ Section 10/404 WD 35.3641 -82.51$1 UT-1 (UT Mill Pond 35.3654 -82,5183 Creek) 152 if ❑ Wetland Non -wetland Waters Section 404 El Section 10/404 UT-2 (UT Mill Pond 35.36?2 -82.5173 Creek) 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 (AID) 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. 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 traat 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 teams 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 PID; (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 PID constitutes agreement that al l 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 ofjurisdictional 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 a13 aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items.should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester; McGilI Associates, P.A. ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. McGill Associates, P.A, M Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: [❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. USGS map(s). Cite scale & quad name: Horseshoe. Natural Resources Conservation Service (NRCS) Soil Survey. Citation; Henderson County, NC ❑ National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ® Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map no. 3700965000J, effective date Oct. 2, 2008 ❑ I00-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) K Photographs: ® Aerial (Name & Date): Google Earth Pro, Oct. 2015, Nov. 2013, Oct. 2010, Jun. 2008, Apr. 2007, Apr. 2002, Mar.1998, and Mar. 1994 or ❑ Other (Name & Date): Q Previous determination(s). File no. and date ofresponse letter: Applicable/supporting scientific literature: Z Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern Nfountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site and flow into the channels. Wetland hydrology is enhanced with the abutting stream channels via normal down gradient flows and periods of high water. The streams on the property are UTs Mill Pond Creek and all exhibit physical ordinary high water mark (OHWM) indicators including, break in slope; developed bed and bank; changes in sediment texture and soil character; natural line impressed on the bank; shelving; absence of vegetation; leaf litter washed away; sediment deposition and sorting; presence of aquatic life; water staining; presence of debris; and scour. Some of the streams are depicted as solid blue lines on the USGS 7.5 minute quadrangle map Horseshoe and the most current Natural Resource Conservation Service Soil Survey for Henderson County. Solid blue line features on these mapping conventions typically represent perennial streams. The UTs Mill Pond Creek flow into Mill Pond Creek, which flows into the French Broad River, a traditional navigable water. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River flaws into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. 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. 1 ` David Brown, April 25, 2019 Signature and date of Regulatory staff member completing preliminary JD Spano & Associates Haywood, LLC I Attn.: Ralph Spano OR McGill Associates, P.A (per Agent Authorization) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary .1D Form have been provided. Please sign both copies. Keep one signed copy for your record and return a signed cvpy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville -Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC28801-5006 t Districts may establish dmeframes for requester to return sided PYD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. . . � i pjgggqg�i J;p&§Eg Appendix C: Current Delineation Map (Pending Approved Jurisdictional Determination Verification) Haywood Park Estates (+/- 21 AC) Jurisdictional wetlands and waters identified on this map have been located within sub- N 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 �v 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 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. SIM This map shall not be construed to be an official survey of any data depicted. Non -Wetland Source Data: Project Boundary WGLA Engineering PLLC; Contours &Aerial Imagery Waters of the US_i NC OneMap SA - 2,227 / 0.227 Ac � / i�ir: Jurisdictional Waters of the US Stream Wetland Non -Wetland - rs o Linear Acres Watef the S U Feet (Stream bed) Acres I SB-175/0.016A, SA 2227 0.2273 WA 0.156 ` SB 175 0.0163 WB 0.355 SB Total 2,402 0.244 Total 0.511 Non -Jurisdictional I �I Non -Jurisdictional Wetland , Waters r' ��� WD - 0.001 Ac 11 Wetland i Wetland Waters of the i Acres USA WC 0.024WA - 0.156 Ac WD 0.001 /' '� i DP- I ', Total 0.025 ERR' i .� WID NMI L+r Vr , r Project Boundary Project Boundary Wr Stream (Tributary) j Wetland Wetland Waters of \' I Wetland Waters of the the US '�� j US Non -Jurisdictional ` WB - 0.355 Ac Wetland Contours 13i Culvert � Non -Jurisdictional Data Form ' ; .� II Wetland WC j WC - 0.024 Ac 0 200 400 800 �, I ,0 f r Feet I Drawn by: TJK Date; 9.27.22 rev. 10.27.22 ES Project #16629 J CLearWater Wetland and Stream Map Henderson County, Ar E .•n5c :r,-CompanY r-- Delineated August 25-26, 2022 North Carolina 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 Figure 5.0 Appendix D: Private and State Mitigation Bank Acceptance Letters fires Environmental Banc & Exchange, LLC Stream and Wetland Banks Statement of Availability November 18, 2022 U.S. Army Corps of Engineers Brooke Davis Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801 Re Project: Haywood Park Estates This document confirms that Haywood Park, LLC (Applicant) for the Haywood Park Estates (Project) has expressed an interest to utilize 0.273 Riparian Wetland Mitigation Credits from the Environmental Banc & Exchange sponsored RES French Broad 05 Stream Umbrella Mitigation Bank, specifically 0.189 credits from the Puncheon Fork Site and 0.084 from the Shiitake Ridge site in the French Broad HUC 06010105. As the official Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If any questions need to be answered, please contact me at 919-209-1055 or astaley@res.us. Best Regards, Amy Staley Resource Environmental Solutions, LLC 3600 Glenwood Avenue, Suite 100 Raleigh, NC 27612 ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Luis Graef Haywood Park Estates, LLC 3827 NW 126th Ave Coral Springs, FL 33065 Project: Haywood Park Estates NORTH CAROLINA Environmental Quality November 22, 2022 Expiration of Acceptance: 5/22/2023 County: Henderson The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the issued 404 Permit/401 Certification within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined bV permitting agencies, is dependent on oanK creall: availaolinV ana maV exceea ine impact amounts snown peiow. River Basin Impact Location 8-di it HUC Impact Type Impact Quantity French Broad 06010105 Riparian Wetland Up to 0.466 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.Williams@ncdenr.gov. Sincerely, AV_Zwdb_�ke FOR James. B Stanfill Deputy Director cc: Tyson Kurtz, agent North Caraltna Department of Environmental Quality I Division of Mitigation Services �Aw 217 West Jones Street l 1652 Mail Service Center I Raleigh. North Carolina 27699-1652 oeoaiunentmEmsrommeri re 919,707.8976 Appendix E: Federally Protected Species Habitat Assessment Report Haywood Park Estates Approximately 21 Acres Henderson County, NC Threatened and Endangered Species Review and Habitat Assessment Prepared For Mr. Jared DeRidder WGLA Engineering, PLLC 724 5th Avenue West Hendersonville, NC 28739 Prepared By CLearWaLer An EnviroScience Company 145 7t" Avenue W Suite B Hendersonville, NC 28792 October 17, 2022 Table of Contents 1.0 INTRODUCTION...................................................................................................2 2.0 METHODOLOGY..................................................................................................2 3.0 HABITAT CLASSIFICATION.................................................................................3 3.1 Bottomland Forest..............................................................................................3 3.2 Acidic Oak -Hickory Forest..................................................................................4 3.3 Scrub Shrub Field...............................................................................................4 3.4 Scrub Shrub Wetland.........................................................................................4 3.5 Bottomland Wetland...........................................................................................5 3.6 Soils...................................................................................................................5 4.0 PROTECTED SPECIES.........................................................................................5 4.1 Appalachian Elktoe..............................................................................................5 4.2 Bald Eagle..........................................................................................................6 4.3 Bog Turtle...........................................................................................................7 4.4 Bunched arrowhead............................................................................................7 4.5 Gray Bat.............................................................................................................8 4.6 Mountain Sweet Pitcher Plant.............................................................................8 4.7 Northern Long-eared Bat....................................................................................9 4.8 Small -whorled Pogonia.......................................................................................9 4.9 Swamp Pink.....................................................................................................10 5.0 CONCLUSION AND RECOMMENDATIONS.......................................................11 6.0 REFERENCES....................................................................................................12 List of Tables Table 1: US Fish and Wildlife Service IPaC - Official Species List. Table 2: USDA Soil Units occurring within the project boundary. List of Figures Figure 1: Site Vicinity Map Figure 2: USGS Topographic Map Figure 3: Study Area Map Figure 4: Habitat Map Figure 5: NRCS Soils Map Appendices Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC Natural Heritage Program Data Appendix B: Photolog 1.0 INTRODUCTION The following report includes methods used and results for a threatened and endangered species survey and habitat assessment for Haywood Park Estates. The project site occupies approximately 21 acres off Haywood Park Drive in Hendersonville, Henderson County, North Carolina (Figure 1). The site ranges in elevation from 2,092 feet to 2,142 feet above mean sea level (MSL) (Figure 2). The threatened and endangered species survey was conducted to determine the occurrence of or the potential for existence of federally listed threatened and endangered animal and plant species, in addition to the bald eagle, within the study area (Figure 3). Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12- 22 ). 2.0 METHODOLOGY The protected species surveys and habitat assessment was conducted on August 25-26, 2022, on the approximately 21-acre project by ClearWater, an EnviroScience Company (ClearWater) to determine the potential for occurrences of animal and plant species listed as endangered or threatened by current federal regulations, in addition to the bald eagle. An official species list was obtained through the US Fish and Wildlife Service (USFWS) Information and Planning and Consultation (IPaC) on August 24, 2022, this species list provides existing data concerning the presence or potential occurrence of threatened or endangered species in the defined project boundary (Figure 3). The USFWS lists seven federally threatened and endangered species, in addition to the bald eagle and bog turtle (threatened due to similar appearance), as occurring or potentially occurring in the project boundary. Table 1. USFWS IPaC generated Official Species List for federally protected species listed as potentially occurring within the project boundary. Common Name Scientific Name Status Appalachian elktoe Alasmidonta raveneliana Endangered Bald Eagle Heliaeetus leucocephalus BGPA' Bog turtle Glyptemys muhlenbergii Threatened (S/A) 2 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 Small whorled pogonia Isotria medeoloides Threatened Swamp pink Helonias bullata Threatened ' Protected by the Bald and Golden Eagle Protection Act. 2 Threatened due to similar appearance; not subject to Section 7 consultation. A database search from the NC Natural Heritage Program (NHP) dated August 24, 2022, provided existing data concerning the presence or potential occurrences of federal and Clearwater, an EnviroScience Company Page 2 Project #16629 — Haywood Park Estates state listed species in Henderson County, North Carolina within a one -mile radius of the site (Appendix A). The NHP indicates one element occurrence (EO) of mountain sweet pitcher plant and one EO for Appalachian elktoe within one mile of the project site. No other threatened or endangered species EOs were found in the NHP database as occurring within one mile of the project boundary. The low -accuracy EO for the mountain sweet pitcher plant is historic and is documented by the NHP as destroyed (Rank X). The 2021 EO for Appalachian elktoe is in the French Broad River, located approximately 1.6 miles downstream, following Mill Pond Creek from the unnamed tributary within the project site. During pedestrian field surveys conducted by ClearWater biologists, site habitats were identified and compared with recognized habitats for nine federally protected species potentially occurring on the site. Potential flora were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. 3.0 HABITAT CLASSIFICATION During our site visit on May 25, 2022, ClearWater biologists identified five habitats within the project site: bottomland forest, acidic oak -hickory forest, scrub shrub field, scrub shrub wetland, and bottomland wetland (Figure 4). A general overview of the site and descriptions of each habitat type are included below. The project site is approximately half forested and half non -forested. The forested area occupies the bottomland and riparian corridor along the central stream. One section of acidic oak -hickory forest occupies a hillside upslope of the stream confluence. The non - forested areas appear to have been clear cut approximately two or three years ago and are now scrub -shrub habitat with pockets of wetlands in the low-lying areas. The two unnamed tributaries to Mill Pond Creek on are site are incised approximately three to five feet and have numerous failing banks. The lower half of the stream lacks mature trees on the right bank where bank failure is more prevalent. Dense thickets of multiflora rosa (Rosa multiflora) and kudzu (Pueraria montana) encroach the stream. The substrate of the streams is mostly sand and gravel and appears to be a factor of excessive sedimentation. 3.1 Bottomland Forest The forested riparian areas are dominated by mature trees, with dense understories containing a mixture of invasive and native shrubs. The dominant canopy tree species observed are red maple (Acer rubrum), tulip poplar (Liriodendron tulipifera), and white pine (Pinus strobus). Additional trees observed include American beech (Fagus grandifolia), sourwood (Oxydendrum arboreum), black cherry (Prunus serotina), northern red oak (Quercus rubra), river birch (Betula nigra), and white oak (Q. alba). The dense shrub layer is dominated by multiflora rose, Chinese privet (Ligustrum sinense), American holly (Ilex opaca), and black gum (Nyssa sylvatica). Additional shrubs observed include flowering dogwood (Corpus florida), silky dogwood (C. amomum), willow oak (Quercus phellos), tag alder (Alnus serrulata), autumn olive (Elaeagnus umbellate), Clearwater, an EnviroScience Company Page 3 Project #16629 — Haywood Park Estates elderberry (Sambucus canadensis), boxwood (Buxus sempervirens), chestnut (Castanea sp.), pignut hickory (Carya glabra), and rhododendron (Rhododendron maximum). The herbaceous stratum is also dense and is dominated by Christmas fern (Polystichum acrostichoides), panic grass (Dichanthelium spp.), yellow root (Xanthorhiza simplicissima), New York fern (Thelypteris noveboracensis), English ivy (Hedera helix), hog peanut (Amphicarpaea bracteata), and soft rush (Juncus effuses). Additional herbaceous species observed include Carolina elephant's foot (Elephantopus carolinianus), Japanese honeysuckle (Lonicera japonica), cinnamon fern (Osmunda cinnamomea), royal fern (O. regalis), and joe pye weed (Eutrochium sp.). The vine layer is also dense and composed of English ivy, roundleaf greenbrier (Smilax rotundifolia), porcelain berry (Ampelopsis glandulosa), ground nut (Apios americana), and kudzu along the highway. 3.2 Acidic Oak -Hickory Forest Above the floodplain in the northeast corner of the project site the hillside is occupied by an oak -hickory forest underlain by acidic soil. Tree species observed include white pine, multiple hickories (Carya spp.), and sourwood. The understory contains mountain laurel (Kalmia latifolia), white pine, highbush blueberry (Vaccinium corymbosum), azalea (Rhododendron sp.), and huckleberry (Gay/ussacia sp.). The sparse herbaceous layer was observed to contain Indian cucumber root (Medeola virginiana), galax (Galax urceolata), and rattlesnake plantain (Goodyera pubescens). 3.3 Scrub Shrub Field The entire area west of the stream and a corridor to the east of the stream were recently clear cut. These areas are currently early successional, dense, scrub shrub habitat. The wetland areas within the scrub shrub fields are described in the following sections. Saplings are mixed in with a dense layer of invasive and native species. Multiflora rose and Bradford pear (Pyrus calleryana) dominant the moderately dense shrub stratum. Sparse cover of black locust (Robinia psuedoacacia) and thorny olive (Elaeagnus pungens) are also present. The herbaceous layer varies in diversity across the site but dense patches of goldenrod (Solidago spp.), Japanese honeysuckle, Chinese lespedeza (Lespedeza cuneata), blackberry (Rubus sp.), Chinese silver grass (Miscanthus sinense), and kudzu are present throughout. Additional herbaceous species observed include panic grasses, pokeberry (Phytolacca americana), Japanese stiltgrass (Microstegium vimineum), soft rush, Japanese honeysuckle, Christmas fern, poison ivy (Toxicodendron radicans), and porcelain berry. 3.4 Scrub Shrub Wetland The wetland within the scrub shrub field contains the same vegetation structure, but a different suite of species adapted to the semi -permanently saturated and or inundated conditions of the wetland. In general, this wetland complex follows a ditch line cut through the field that converges with the stream near the highway. In several areas, abandoned silt fencing appears to retain the wetland. Soils in the wetland are compacted and mineral based. Clearwater, an EnviroScience Company Page 4 Project #16629 — Haywood Park Estates The shrub layer is composed of sycamore (Platanus occidentalis), black willow (Salix nigra), multiflora rose, pussy willow (S. discolor), and tag alder. The diverse herbaceous layer varies based on hydroperiod and no one species is dominant across this wetland habitat. Observed herbaceous species include broadleaf cattail (Typha latifolia), blackberry, jewelweed (Impatiens capensis), goldenrod, soft stem bullrush (Schoenoplectus tabernaemontani), Allegheny monkeyflower (Mimulus ringens), sallow sedge (Carex lurida), Japanese stiltgrass, multiple rushes (Juncus spp.), woolgrass (Scirpus cyperinus), broadleaf arrowhead (Sagittaria latifolia), Virginia meadow beauty (Rhexia virginica), water purslane (Ludwigia palustris), dwarf St. John's wort (Hypericum mutilum), Japanese honeysuckle, great blue lobelia (Lobelia siphilitica), blunt spikerush (Eleocharis obtusa), seedbox (Ludwigia alterniflolia), nutsedge (Cyperus sp.), multiple smartweeds (Persicaria spp.), boneset (Eupatorium perfoliatum), cardinal flower (Lobelia cardinalis), and bugle weed (Lycopus virginicus). 3.5 Bottomland Wetland In the southeast corner of the site there are two wetlands partially within the recent clear-cut area. These wetlands lack the shrub component of the scrub shrub wetland habitat and have a less diverse herbaceous layer. The herbaceous layer of these wetlands contains Japanese stiltgrass, golden ragwort (Packera aurea), rice cut grass (Leersia oryzoides), blackberry, poison ivy, agrimony (Agrimonia sp.), cinnamon fern, and swamp aster (Symphyotrichum puniceum), 3.6 Soils Soils mapped by the Natural Resources Conservation Service (NRCS) Henderson County Soil Survey are listed in Table 2 and shown in Figure 5 (NRCS 2021). Table 2. USDA Soil Units occurrina within the proiect boundary. Map Unit Symbol Map Unit Name BaB Bradson gravelly loam, 2-7% slopes DeB Delanco (dillard) loam, 2-7% slopes HyC Hayesville loam, 7-15% slopes HyE Hayesville loam, 15-25% slopes 4.0 PROTECTED SPECIES The following is a brief description of each federally listed species included in the survey, its recognized habitat, and comments regarding survey results for that species. 4.1 Appalachian Elktoe Federally listed as endangered, the Appalachian elktoe (Alismidonta raveniliana) has a thin but not fragile, kidney -shape shell, reaching up to about 3.2 inches in length, 1.4 inches in height, and 1.0 inch wide (Clarke 1981). Juveniles generally have a yellowish -brown periostracum (outer shell surface) while the periostracum of the adults is usually dark brown to greenish -black in color. Although rays are Clearwater, an EnviroScience Company Page 5 Project #16629 — Haywood Park Estates prominent on some shells, particularly in the posterior portion of the shell, many individuals have only obscure greenish rays. The shell nacre (inside shell surface) is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish color in the central and beak cavity portions of the shell; some specimens may be marked with irregular brownish blotches (adapted from Clarke 1981). Only two populations of the species are known to survive. The healthiest of these populations exists in the main stem of the Little Tennessee River between Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain County, North Carolina. The second population occurs in the Nolichucky River system. The Appalachian elktoe has been reported from relatively shallow, medium-sized creeks and rivers with cool, well -oxygenated, moderate- to fast - flowing water. It has been observed in gravelly substrates often mixed with cobble and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse, sandy substrates (Department of the Interior 1994). Suitable habitat for Appalachian elktoe is not present within the study area. The unnamed tributaries to Mill Pond Creek are too small to support Appalachian elktoe. Additionally, the streams on site are degraded with failing banks, channel incisions, and excessive sedimentation. It is the opinion of ClearWater that the proposed project would have no effect on the Appalachian elktoe. 4.2 Bald Eagle Bald eagles (Haliaeetus leucocephalus) were removed from the endangered species list in August 2007 because their populations recovered sufficiently. Bald and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Act (Eagle Act) Distinguished by a white head and white tail feathers, bald eagles are powerful, brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet. Sometimes confused with golden eagles, bald eagles are mostly dark brown until they are four to five years old and acquire their characteristic coloring. Bald eagles live near rivers, lakes, and marshes where they can find fish, their staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and other small animals and carrion. Bald eagles require a good food base, perching areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs, rivers, and some seacoasts. In winter, the birds congregate near open water in tall trees for spotting prey and night roosts for sheltering. Based on a desktop review using 2019 aerial imagery, there are two potentially suitable feeding sources for bald eagles were identified within a one -mile radius of the project boundary: an approximately 6.5-acre impoundment of Marston Creek and the French Broad River. Bald eagles typically nest within 1-mile of suitable Clearwater, an EnviroScience Company Page 6 Project #16629 — Haywood Park Estates feeding sources. ClearWater biologist conducted a foot survey of the project site to identify possible bald eagle nests due to the proximity of potential feeding sources. No bald eagle nests were observed within the project boundary. It is the opinion of ClearWater that the proposed project is not likely to disturb nesting bald eagles. 4.3 Bog Turtle The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown or black carapace may be marked with radiating light lines or a light blotch on the vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and young adult specimens, but the carapace may be nearly smooth in old adults. The head, neck, and limbs are typically dark brown with variable reddish to yellow spots and streaks. A large reddish -orange to yellow blotch is visible behind and above each tympanum, sometimes merging into a continuous band on the neck. The upper jaw is weakly notched. The plastron is brown or black, but often with lighter yellow blotches towards the medial and anterior scute edges. A mature male bog turtle has a concave plastron and a long, thick tail, with the vent posterior to the rear edge of the carapace with tail extended. The female has a flat plastron and a thinner, smaller tail, with the vent at or beneath the rear carapace edge. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the USFWS has designated the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no effect on land management activities of private landowners in southern states where the bog turtle lives. Potentially suitable habitat for bog turtle was not found on site. The wetlands on site contain compacted, loamy clay soils and lack the microtopographic structure required for breeding and nesting habits of the bog turtle. Furthermore, the northern population of bog turtle does not occur in North Carolina. It is of the opinion of ClearWater that the proposed project would have no effect on the northern bog turtle. 4.4 Bunched arrowhead Bunched arrowhead (Sagittaria fasciculata) is a small herbaceous plant growing 15 - 16 inches tall in saturated soils. It's the only Sagittaria species in the Southern Appalachians that does not have arrowhead -shaped leaves. Emergent leaves are broad and tapered at the tip and up to 12 inches long and 1 — 2 inches wide. The white flowers begin blooming in mid -May and continue through July. The fruits mature a few weeks after flowering. Clearwater, an EnviroScience Company Page 7 Project #16629 — Haywood Park Estates Bunched arrowhead occurs in undisturbed sites that are typically located just below the origin of slow, clean, continuous seeps on gently sloping terrain in deciduous woodlands. Bunched arrowhead is known from the upstate of South Carolina and southwestern North Carolina. Potentially suitable habitat for bunched arrowhead was not observed on site. The wetlands on site contain compacted loam clay soils and were recently clear cut. The wetlands are not seepy headwater wetlands. The only Sagittaria species observed on site is the broadleaf arrowhead (Sagittaria lattifolia), which was observed in the ditched area of the scrub shrub wetland. It is the opinion of ClearWater that the proposed project would have no effect on the bunched arrowhead. 4.5 Gray Bat The gray bat (Myotis grisescens) is the largest member of its genus in the eastern United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It is easily distinguished from all other bats within its range by its mono -colored fur. All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following molt in July or August, gray bats are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in reproductive females during May and June). The wing membrane connects to the foot at the ankle rather than at the base of the first toe, as in other species of Myotis. Gray bats roost in caves year-round. Most winter caves are deep and vertical; all provide large volume below the lowest entrance and act as cold air traps. A much wider variety of cave types are used during spring and fall transient periods. In summer, maternity colonies prefer caves that act as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the combined body heat from thousands of clustered individuals. No naturally occurring suitable habitat (caves) for the gray bat was observed on this site. It is of the opinion of ClearWater that this project would have no effect on the gray bat. 4.6 Mountain Sweet Pitcher Plant Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling flowers. The hollow leaves contain liquid and enzymes. When insects fall into the pitchers, they are digested, and the nutrients are incorporated into the plant's tissues. The evolutionary role of carnivory in such plants is not fully understood, but some evidence indicates that absorption of minerals from insect prey may allow carnivorous species to compete in nutrient -poor habitats. The unusual red flowers (yellow in rare cases) appear from April to June, with fruits ripening in August. Flowering plants reach heights of 29 inches. Very little specific information is Clearwater, an EnviroScience Company Page 8 Project #16629 — Haywood Park Estates available on the biology of the mountain sweet pitcher plant. Like other pitcher plants, it has rhizomes that are probably long-lived and capable of persisting and reproducing vegetatively for decades without producing seedlings. Potentially suitable habitat for the mountain sweet pitcher plant was not observed on site. No mountain bogs are present. It is the opinion of ClearWater that the proposed project would have no effect on the mountain sweet pitcher plant. 4.7 Northern Long-eared Bat The Northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are bats noted for their small ears (Myotis means mouse -eared). The NLEB is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. NLEBs spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose bark of live or dead trees typically greater than three inches DBH (diameter at breast height). No naturally occurring suitable wintering habitat for the NLEB exists within the property boundary. The forested riparian area around the streams is considered potentially suitable summer habitat for NLEB. 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 site is approximately 10 miles from a documented NLEB occupied watershed. Because the project parcel is greater than 0.25 miles from a known hibernaculum and greater than 150 feet from a known maternity roost tree, this project satisfies the 4(d) rule and consultation with US Fish and Wildlife Service (USFWS) 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 November 2022. If NLEB is reclassified as endangered, the current 4(d) rule for NLEB 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. 4.8 Small -whorled Pogonia Small -whorled pogonia (Isotria medeoloides) is federally listed as an endangered species. It occurs on upland sites in mixed -deciduous or mixed - Clearwater, an EnviroScience Company Page 9 Project #16629 — Haywood Park Estates deciduous/coniferous forests that are generally in second or third growth successional stages. Characteristics common to most sites include sparse to moderate ground cover in the species' microhabitat, a relatively open understory canopy, and proximity to features that create long persisting breaks in the forest canopy. Soils at most sites are highly acidic and nutrient poor, with moderately high soil moisture values. Light availability could be a limiting factor for this species. The stem is smooth, hollow pale green and 3.7-9.8 inches tall with a single whorl of 5 to 6 light green elliptical leaves 3 inches long and 1.6 inches wide. A flower is borne at the top of the stem. It is distinguished from the similar Isotria verticillata by the Tatter's purplish stem and long, dark sepals. Potentially suitable habitat for the small whorled pogonia was observed on -site in the acidic oak -hickory forest (Figure 4). A maintained walking trail separates this habitat from the bottomland forest, which provides a linear break in the forest canopy. Although outside of the USFWS designated survey window, no individuals of the Isotria genus were observed. On a reference site within a few miles of the project site, Isotria veriticillata was still standing with green vegetative structure, able to be identified, in late August. The area designated as potentially suitable habitat is not proposed to be impacted by development of this project. Therefore, it would be the opinion of ClearWater that the project is unlikely to adversely affect small -whorled pogonia. However, if plans change and disturbance is proposed in the vicinity of the potentially suitable habitat, ClearWater recommends a survey for small whorled pogonia in the potentially suitable habitat during the USFWS designated survey window of (mid - May through early -July). In that situation, a biological conclusion could not be drawn until the survey determines if small -whorled pogonia is present within the project site. 4.9 Swamp Pink Swamp pink (Helonias bullata) is a perennial herb in the lily family. It has a ' y 3 i ;t `► r' ` basal rosette of evergreen, strap -like leaves and an upright pink to lavender %�V flower head. The tall flower stalks (up to 4.5 feet) appear from March to May. During the winter the leaves often turn reddish brown and lie flat or slightly raised above the ground. These winter leaves are often hidden by leaf litter, but a visible button in the center of the leaves represents the next season's flower head. Although the plant can reproduce by seed, most of its reproduction is by vegetative expansion of established plants. This means plants tend to grow in clumps, close to the parent plants. Seed dispersal is limited, and populations appear to expand at a very slow rate. Clearwater, an EnviroScience Company Page 10 Project #16629 — Haywood Park Estates Swamp pink is found in a variety of wetland habitats, including mountain bogs, swampy forested wetlands bordering small streams, wet meadows, and spring seepage areas. Swamp pink can be found across much of New Jersey and Delaware and sporadically in Maryland, Virginia, North Carolina, South Carolina, and Georgia. Potentially suitable habitat for swamp pink does not occur within the project site. The wetlands on site are disturbed, with compacted mineral -based soils. No individuals of the Helonias genus were observed on site. Therefore, it is of the opinion of ClearWater that this project would have no effect on swamp pink. 5.0 CONCLUSION AND RECOMMENDATIONS During completion of threatened and endangered species habitat assessment for the Haywood Park Estates site, ClearWater biologists observed potentially suitable habitat for small -whorled pogonia, as well as potentially suitable summer habitat for the northern long-eared bat. Based on the project location, this project satisfies the 4(d) rule for the northern long-eared bat and consultation with USFWS is not required. The area identified as potential suitable habitat for small -whorled pogonia is currently not proposed to be impacted by development of the project site, which supports a may affect, but not likely to adversely affect biological conclusion for this species. However, if development plans change in the vicinity of the potentially suitable habitat, ClearWater recommends a survey for small whorled pogonia during the USFWS designated survey window of (mid -May through early -July) to determine if small whorled pogonia is present on site and what the potential effects of development may be. It is of the opinion of ClearWater that the development of the Haywood Park Estates site would not affect federally protected species listed as potentially occurring within the project boundary, with the potential exception of small whorled pogonia. Potential flora were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Because of the transitory nature of some of the listed threatened and endangered species and the particular flower/fruiting periods of some plants; it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. Clearwater, an EnviroScience Company Page 11 Project #16629 — Haywood Park Estates 6.0 REFERENCES Fryer, Janet. 2019. Isotria medeoloides, small whorled pogonia and Isotria verticillata, large whorled pogonia. In: Fire Effects Information System, [Online]. U.S. Department of Agriculture, Forest Service, Rocky Mountain Research Station, Missoula Fire Sciences Laboratory (Producer). https://www.fs.fed.us/database/feis/plants/forb/isospp/all.pdf. Accessed September 2022. NCNHP (North Carolina Natural Heritage Program Database). 2022. https://ncnhde.natureserve.org ; Accessed August 2022 NCWRC. 2020. Appalachian Elktoe Distribution. https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian- Elktoe#3017843-distribution; Accessed September 2022. NRCS (Natural Resources Conservation Service). 2022. Web Soil Survey for Henderson Counties. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed August 2022. USFWS (United States Fish and Wildlife Service). 1991. Swamp pink (Helonias bullata) Recovery Plan. https://protects.ncsu.edu/cats/plantbiologV/ncsc/rare/Recovery Helonias.pdf; Accessed September 2022. USFWS. 1992. Small Whorled Pogonia (Isotria medeoloides) Recovery Plan. https://www.nrc.gov/docs/ML0931/ML093160787.pdf USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service: Bald Eagle Protection Act of 1940. https://www.fws.gov/laws/lawsdigest/baldegl.html. Accessed September 2022. USFWS. 2022. Critical Habitat Interactive Mapper. https://www.arcgis.com/home/webmap/viewer.html?url=https://services.arcgis.co m/QVENGdaPbd4LUkLV/ArcGIS/rest/services/USFWS Critical Habitat/Feature Server&source=sd. Accessed March 2022. USFWS. 2022. Gray Bat. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/6329; Accessed March 2022. USFWS Information, Planning, and Consultation System. 2022. https://ecos.fws.gov/ipac/; Accessed August 2022. USWFS. 2022. Northern Long-eared Bat Occupied 12 Digit HUC Interactive Mapper. https://fws.maps.arcgis.com/apps/mapviewer/index.html?webmap=18378e3l 684 a4dOc896611 al dfl4d935; Accessed March 2022. USFWS. 2022. Optimal Survey Windows for North Carolina's Federally Threatened, Endangered, and At Risk Plants. https://www.fws.gov/story/2022-03/north- carolinas-federally-threatened-endangered-and-risk-plant-species; Accessed August 2022. Clearwater, an EnviroScience Company Page 12 Project #16629 — Haywood Park Estates Figures Haywood Park Estates (+/- 21 Ac) N /y a N 3 �I Ndp,Ies r � rRugby=Lkr--= o `Opp II 25 Project Boundary i\ B a I f\\r Woodland Hills 00 0 N tl avis �yo O unta7n IPa Sky Village Project Boundary Drawn by: TJK Date; 9.27.22 CEC Project #16629 9s 03 1 sf 1 0'oy Mounts, 25 Holly, Hill \\ Terrace Gardens --- Laurel_Park--,. Hendersonvill Fn Country Cluq Druid Hills j// � 4�rQ V` oC?Ci Hendersonville lil II JJ G'ro, 0.5 1 ,�Oy' CLear\Nater Vicinity Map Henderson County AnEnvhuEule^ceC°mpanY® Figure 1 North Carolina 145 7th Ave West, suite B 9 Hendersonville, North Carolina 28792 2 Miles Haywood Park Estates (+/- 21 Ac) mill Hader -V� :` �■ Mile aw a UF8 5, Kin die 0 171 vl� l]1 ] �• Project Boundary �• '._.. � `YA V C w. y ,, ■ � v�7Li. T r lJ� � � J .# ��..= If Lq mvg MON Is. .. ( - USGS Topographic .. CLearWater 7.5 Min Quads: Skyland, Horse Shoe, Henderson County North• Hendersonville, North Carolina 28792 Figure Haywood Park Estates (+/- 21 Ac) N P. V �'�, :t Protect Boundary T % /' �►� Ara a k w5L I - it It �s • �� �. I'i.F : � , ;x F• .: tiff k; - :��::F w :h _ w �— Project Boundary ;� �p �; �. 0 200 400 800 \ \,' `.I }' Feet y: T'JK Date; 9FD7.22 CEC Project #16E Y� CearWater Aerial Imagery Map Henderson County AnE A-E.1.ncecompanY® NCCGIA 2019 North Carolina 145 7th Ave West, suite B Hendersonville, North Carolina 28792 Figure 3 \. Al r�A MM Haywood Park Estates (+/- 21 AC) Project Boundary Bottomland Forest Scrub Shrub Field Acidic Oak -Hickory Forest Bottomland Wetland Scrub Shrub Wetland Stream Contours - 2ft 9111110)\ �V INIV. L L 0 100 200 400 '6iiiiP0WMMWM'9 Feet Henderson County, North Carolina Al CLearWaLer An E n5­:r-6 Company 0 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 Project Boundary I ! ; b Habitat Map Figure 4 Haywood Park Estates (+/- 21 Ac) Project Boundary Soil Units BaB: Bradson gravelly loam, 2-7% slopes _ C DeB: Delanco (dillard) loam, ° p 2-7 /o slopes C, HyC- Hayesville loam, 7-15% slopes " 'q 0 HyE- Hayesville loam, 15-25% slopes 'a •= Project Boundary - ,`. \ y kill, Al i Ilk BaB r S_ } ' `%P, 0 200 400 .1K Henderson County North Carolina DeB CearWater An E—iI E.10nC6 Company 145 7th Ave West, Suite B Hendersonville, North Carolina 28792 USDA Soils Map NRCS Web Soil Survey Figure 5 Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC Natural Heritage Program 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: 2022-0078600 Project Name: 16629 - Haywood Park Estates e x hSai k 4YYFJiYJft +cfln7i� i� August 24, 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 08/24/2022 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/office/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- handbook. 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 08/24/2022 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 08/24/2022 Project Summary Project Code: 2022-0078600 Project Name: 16629 - Haywood Park Estates Project Type: New Constr - Above Ground Project Description: New residential development. Project Location: Approximate location of the project can be viewed in Google Maps: https: www. google.com/maps/(a)35.366449700000004,-82.51825139669168,14z F�C'n ��'.hii SSL7 ri }i �f2sh4ao-CE V� Counties: Henderson County, North Carolina 08/24/2022 3 Endangered Species Act Species There is a total of 9 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. Mammals NAME STATUS Gray Bat Myotis grisescens Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis Threatened No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Reptiles NAME STATUS Bog Turtle 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:Hecos.fws.gov/ecp/species/6962 Clams NAME STATUS Appalachian Elktoe Alasmidonta raveneliana Endangered There is final critical habitat for this species. The location of the critical habitat is not available. Species profile: https:Hecos.fws.gov/ecp/species/5039 08/24/2022 4 Insects NAME STATUS Monarch Butterfly Danaus plexippus Candidate No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 Flowering Plants NAME STATUS Bunched Arrowhead Sagittaria fasciculata No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1720 Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4283 Small Whorled Pogonia Isotria medeoloides Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 Swamp Pink Helonias bullata Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4333 Endangered Endangered Threatened Threatened Critical habitats THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S JURISDICTION. 08/24/2022 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. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. 08/24/2022 Migratory Birds Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle Protection Actz. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treat. Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may find in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found below. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. BREEDING NAME SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Black -billed Cuckoo Coccyzus erythropthalmus Breeds May 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Oct 10 and Alaska. https:Hecos.fws.gov/ecp/species/9399 N T— U 2 U U O m w J Z W L n O O 2 E 0 r N (M + LO A N U 2 i N Q U U Oi m N LU J o Z N O r z LU w co LU LU Q m E `m c� S W co 0 co co a DZ It Q a o w Uco f) co w D N 70 fQ t U) 70 L O i Roy Cooper, Governor 9" 0 INC DEPARTMENT OF ""i ■ WMk.M 1 NATURAL AND CULTURAL RESOURCES ■-000 August 24, 2022 ClearWater, an EnviroScience Company ClearWater, an EnviroScience Company 145 7th Avenue West Hendersonville, NC 28792 RE: Haywood Park Estates; 16629 Dear ClearWater, an EnviroScience Company: 13. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program 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.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0 OFC 919.707.9120 • FAK 919.707.9421 CO CO j F n -0 C M M M M M N 0 CC3 L7 L7 0 (7 (7 (7 (7 (7 (3 0 CO aJ Q > > > > > + + ro + o + a a O a CO aJ J COro a CO a CO a) ro a) M E a a a+ CO O U + O O O U U U 0 n3 n j � Co c � CO c o CO Q C O c o L c Q� cCO OL J c N E E a E U a a n to W to W to to to W W O in D — o a a CO CO E CO E CO aJ C C — W W > E E E E E D O O (D O O a O O U J �> O J J > OCO J J U M J U +O CU C- E 'o Funz U W T W T T T o x T U, a cU J O a } N N p W CO O M ro �NO� c CC)n O CC) 22 ON a Z � J QO O a OCO U) >oO OCQO n O CO O Z � Q CD O CO OO C Ln U OO O OCO> O 0-)DZ O Q N N N N �CC3 Q T ° 0 a 0) (1) CO } + c + O Q ro z o f 3 LU a + a n co Z U a o U U a a 0 �o O (J-) + c E CO O LE n 0 Cl U' U m E COU Q N O —Oo CO N a U �� U E o co Q Q 0 0 O N N O O U m <n Q U m m rho a J a W T a <n O cn E CO CO E cn w a COCO) co CO CO cn c o, c o a E COcnCO a E -0 D E c o E 0 E o a) ro Z CO X C E in O x Q E D O D U a) E in CO ro D O - O cn c D-E N c D-D in cn > E� O(D ro O_0 cn ro U 0 co E a Q 0 CO> O E > c c x o c U cn w u Q 6 can U w a Q .a C)-0 z <n <n CO z O o CO 4 O w w M O CO M N — UO r, O CD O C9 COco CO CO W CO N M 0) CC)O M N N N C C C C C U L: W W U O O CO CO CO CO CO O aJ aJ aJ aJ aJ a a a a a E > �— 0 CO CO CO 0 o 0 0 0 0 E O + 0 cn � E cn co cn co cn cn O O O O U wx O CO > > cn CO cn CO cn CO cn CO ��dm ooWmWmW W W> CO N Q U R 0 a O CO c O CO c c E D U O 0 N CO cn CO aJ Q co 7 co z O z �i a) a / \ ± / z _ / _ \ \ ƒ: \2 2{ <s t G} E 3/ \\ \\ \� \ u � \ O \ CO \ > o% _\ »cn ƒ/ E E »% / \\ \ \ / j / \ 0 2 } 2 = ® 0 2& 0 :Cf) e �\ ©J /Z CO � \\ E CO\\ } >< \\ O % 0 CO z« %: § / / .\ / >\ \z ^/ \/ \ �U E D \\ \ % § z = e ® \ 9 )o CC \ \ z Z $ $ \ % : : \ \ / \ E \ \ < ± \ \ CO CO2 \ \ _ _ > s 3 g CO e » .z x ra s \ c N R N C c E � o ax h a o �I ?a fpP J� C O - ry � �a °a a 4rAine Dr �°�' v (,N poo d Y d 2 p C � O O � lJ rb 5 :y d,+r .b pao�g y�uali SAH S ra Q W 0 4 m ru d p C Q � 7 N CO Im u] N r Q m o Q � ' u Ol Appendix F: NC Wetland Assessment Method Form and Results NC WAM FIELD ASSESSMENT FORM Accompanies user Manual version b.0 USACE AID # NCDWR# Project Name Haywood Park Estates Date of Evaluation August 25, 2022 Applicant/Owner Name Wetland Site Name WA / W1-W2 Wetland Type Bottomland Hardwood Forest Assessor Name/Organization T. Kurtz Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Mill Pond Creek River Basin French Broad USGS 8-Digit Catalogue Unit 06010105 County Henderson NCDWR Region Asheville M Yes I-1 No Precipitation within 48 hrs? Latitude/Lonaitude (deci-dearees) 35.36659730.-82.518011 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ®C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ®A ®A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ®B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ❑A ❑A ❑A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ®F ®F ®F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ®D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ®No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ®G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ®K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ®F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑ B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps CU ®C ®C Canopy sparse or absent ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer ®B ®B Moderate density shrub layer U) ❑C ❑C Shrub layer sparse or absent -0 ®A ®A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Wetland is centered along a man-made ditch that still retains wetland characteristics. Entire wetland and approximately 10 acres surronding the wetland were clear cut between 4-2 years ago and the area was left fallow. Soils are compacted. The adjacent stream is dedeply incised and sections of silt fencing were left in place between the wetland and the stream. Immediately upslope of the wetland, there is a paved road with curb and gutters that extends the majority of the wetland. Scattered shrubs are present within the wetland. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WA / W1-W2 Wetland Type Bottomland Hardwood Forest Date of Assessment August 25, 2022 Assessor Name/Organization T. Kurtz Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition MEDIUM Water Quality Pathogen Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Particulate Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Ratina Summar Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) YES Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT FORM Accompanies user Manual version b.0 USACE AID # NCDWR# Project Name Haywood Park Estates Date of Evaluation August 25, 2022 Applicant/Owner Name Wetland Site Name WB / W5 Wetland Type Headwater Forest Assessor Name/Organization T. Kurtz Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Mill Pond Creek River Basin French Broad USGS 8-Digit Catalogue Unit 06010105 County Henderson NCDWR Region Asheville M Yes I-1 No Precipitation within 48 hrs? Latitude/Lonaitude (deci-dearees) 35.36438010.-82.5182011 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ®C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ®D ®D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ®E ®E ®E >_ 20% coverage of maintained grass/herb ®F ®F ®F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer— assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ®E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ®A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ®K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ❑C From 50 to < 100 acres ❑D ®D From 10 to < 50 acres ❑E ❑E < 10 acres ®F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑ B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. AA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ❑B ❑B Canopy present, but opened more than natural gaps CU ®C ®C Canopy sparse or absent ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent ❑A ❑A Dense shrub layer 1E ❑B ❑B Moderate density shrub layer U) ®C ®C Shrub layer sparse or absent -0 ®A ®A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ®A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ❑C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Entire wetland and approximately 3 acres surronding the wetland were clear cut between 4-2 years ago and the area was left fallow. Soils are compacted and disturbed from heavy equipment. Immediately upslope of the wetland, there is a quarter -acre sediment/stormwater pond. Approximately 2/3 of the local watershed that drains to this wetland is a high school with parking lots that have curb and gutter surrounded by maintained turf grass. Sparse shrubs are popping up in the wetland. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name WB / W5 Wetland Type Headwater Forest Date of Assessment August 25, 2022 Assessor Name/Organization T. Kurtz Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition LOW Water Quality Pathogen Change Condition HIGH Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition MEDIUM Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) YES Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Vegetation Composition Condition LOW Function Ratina Summar Function Metrics Rating Hydrology Condition LOW Water Quality Condition LOW Condition/Opportunity HIGH Opportunity Presence (Y/N) YES Habitat Condition LOW Overall Wetland Rating LOW