20221795 Ver 1_401 Application_20221221

Staff 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#*
20221795
Version* 1
Is this project a public transportation project?*
Reviewer List:*
Select Reviewing Office: *
Submittal Type:*
Yes
• No
Andrew Moore:eads\awmoore3
Asheville Regional Office - [phone]
401 Application
Does this project require a request for payment to be sent?*
Yes
No
How much is owed?* $240.00
$570.00

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: *
For the Record Only (Courtesy Copy)
New Project
Modification/New Project with Existing ID
More Information Response
Other Agency Comments
Pre -Application Submittal
Re-Issuance\Renewal Request
Stream or Buffer Appeal
Pre -Filing Meeting Date Request was submitted on:
7/20/2022
Project Contact Information
Name:
Eric Romaniszyn
Who is submitting the information?
Email Address: [e-mail]
Project Information
Project Name: Caleb Drive Tract
Is this a public transportation project?
Yes
No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
Yes No Unknown
County (ies)
Buncombe
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
Caleb Dr PCN application package NWP 39.pdf 9.49MB
Only pdf or kmz files are accepted.
Describe the attachments or
comments:
PCN application package for the Caleb Drive Tract Project in Buncombe County.
Sign and Submit
........................................................................................................................................................................................................................................................
By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to the
best of my knowledge and belief.

• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: 12/21/2022
Is filled in automatically.

CLearWaLer
An EnviroScrence CompanyM
C1earWater Environmental Consultants, Inc
www.cwenv.com
December 21, 2022
Ms. Amanda Jones Mr. Paul Wojoski
US Army Corps of Engineers NC DWR, 401 Permitting & Buffer Unit
Asheville Regulatory Field Office 512 N. Salisbury Street, 9th Floor
151 Patton Avenue, Room 208 Raleigh, North Carolina 27604
Asheville, North Carolina 28801
RE: Caleb Drive Tract Project (+/- 2.0 acres)
Nationwide Permit 39 Request
Buncombe County, North Carolina
Dear Ms. Jones and Mr. Wojoski,
The attached Pre -Construction Notification (PCN) request is being submitted on behalf of the
property owner, Mayely Cruz. The project area is +/- 2.0 acres and is Buncombe County parcel
number 9615093516, located at 12 Caleb Drive, Candler, NC. The applicant is seeking
Nationwide Permit 39 and 401 Certification for wetland impacts associated with construction of
two storage sheds, driveway, and gravel lot for storage of their construction business equipment.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Ms. Andrea Leslie, NC Wildlife Resources Commission; Mr. Byron Hamstead, US Fish
and Wildlife Service; and Mr. Andrew Moore, NCDEQ Division of Water Resources - Asheville
Office.
Sincerely,
41�
Eric Romaniszyn
Senior Scientist
Copy issued:
NC DEQ Division of Water Resources, Asheville Office — Andrew Moore
NC WRC — Andrea Leslie
US FWS, Asheville Office — Byron Hamstead
145 Th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
1SA W — -
1. Project Name:
Caleb Drive Tract
2. Work Type:
Private Institutional
❑
Government ❑
Commercial ❑
3. Project Description / Purpose:
NWP 39 application for a +/- 2-acre tract. Property owners want to construct two storage buildings,
access road, and gravel lot to use for storing their construction business equipment.
4. Property Owner / Applicant:
Mayely Cruz
5. Agent / Consultant: ClearWater, An EnviroScience Company
6. Related Action ID Number(s): 2019-01505
7. Project Location - Coordinates, Street Address, and/or Location Description:
11 Caleb Drive, Candler, North Carolina (35.506775,-82.662468).
8. Project Location - Tax Parcel ID: 9615093516
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town : Candler
11. Project Information — Nearest Waterbody: Bill Moore Creek
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404❑ Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 39
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20210513

CLearWater
An EnvrroScience Company B
Depa tnn t of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1ago
-and-
NC DWR, Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby authorize
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 USAGE 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:
MMely Martinez
Property Owner Address:
210 Johnston Blvd Lot 4 Asheville NC 28806
Phone Number:
828-424-6590
Email address:
mayelycruzOva oo-cart,
12 Caleb Dr Candler NC 28715
property Location:
pwrner/Managg partner artner Signature:
printed name: Mayely Cruz Martinez
owner/MaDaging
7-18-22
Date:
145 7th Avenue West, Suite B
Hendersonville, NC 28792
phone:[phone]
www.cwenv.com
.;r

Parcel Information

®Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
961509351600000 MARTINEZ MAYLEY
12 CALEB DR 210 JOHNSTON BLVD LOT 4, ASHEVILLE,
NC, 28806
KEY INFORMATION
Zoning - Neighborhood
Land Use Code RES 0-3 ACRES Municipality
Fire District
i
FEC Special District
Present Use
-
Appraisal Area
Scott Lewis 828-250-4952 [e-mail]
Exemption
-
Legal Description
Deed Date:04/14/2016 Deed:5415-0224 Lot:2 Plat:0156-0110
Plat Reference
F156-110
ASSESSMENT DETAILS
Land Value
$68,100
Building Value
$0
Features
$0
Total Appraised
$68,100
Value
Deferred Value
$0
Exempt Value
$0
Total Taxable
$68,100
Value
LAND INFORMATION
ZONING LAND USE CODE
RES 0-3 ACRES
BUILDING INFORMATION
SIZE NEIGHBORHOOD
2.00 acres LHOA
LHOA
ASSESSED VALUE
$68,100
Total Appraised Value
$68,100
FLOODPLAIN
NO

BUILDING(S)
BUILDING (1)
Quality
SUPR
Condition
NORMAL
Building Type
2 STORY CONVENTIONAL
Year Built
2022
Full Baths
3
Half Baths
1
Fireplaces
1
Story
2.00
Heat Type
HEAT WITH A/C
Green Certification
Style
2 STORY CONVENTIONAL
Base
3984
Bedrooms
-
Deck
0
Patio
442
Carport
0
Garage
1426
Utility
0
Unfinished
0
Finished Basement
0
Basement
Porch
88
Building Value
-
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE
2016-04-14 826,000 Not Qualified 5415-224
VALUE CHANGE HISTORY
DEED INSTRUMENT
W DT
DATE OF VALUE
EFFECTIVE TAX
LAND
BUILDING
FEATURES
NEW
CHANGE
YEAR
REASON FOR CHANGE
VALUE
VALUE
VALUE
VALUE
2017-01-27
2017
RAPP REAPPRAISAL
$44900
$0
$0
$44,900
NOTICE
2021-02-01
2021
RAPP REAPPRAISAL
$68100
$0
$0
$68,100
NOTICE
RECENT PERMIT ACTIVITY
PERMIT DATE PERMIT TYPE PERMIT STATUS
No items to display
1
/961501Z 5 i600000
\ f
as
/ ¢o
200ft

No Photo Available
Data last updated: 07/18/2022

w A rE�QG
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: 39 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Caleb Drive Tract
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Candler
2d.
Subdivision name:
2e.
NCDOT only, T.I.P. or state project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Mayley Martinez Cruz
3b.
Deed Book and Page No.
5415-224
3c.
Responsible Party (for LLC if
applicable):
n/a
3d.
Street address:
210 Johnston Blvd Lot 4
3e.
City, state, zip:
Asheville, NC 28806
3f.
Telephone no.:
828-424-6590
3g.
Fax no.:
n/a
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4.
Applicant Information (if different from owner)
4a.
Applicant is:
❑X Agent ❑ Other, specify:
4b.
Name:
4c.
Business name
(if applicable):
4d.
Street address:
4e.
City, state, zip:
4f.
Telephone no.:
4g.
Fax no.:
4h.
Email address:
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Eric Romaniszyn
5b.
Business name
(if applicable):
ClearWater Environmental Consultants, an EnviroScience Company
5c.
Street address:
145 7th Avenue W; Suite B
5d.
City, state, zip:
Hendersonville, NC 28792
5e.
Telephone no.:
898-698-9800
5f.
Fax no.:
n/a
5g.
Email address:
[e-mail]
Page 2 of 10

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
9615093516
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.50677 Longitude:-82.662468
1c.
Property size:
2 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Bill Moore 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:
See Attachment A.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.56
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 416
3d. Explain the purpose of the proposed project:
To develop the site with two storage buildings and associated infrastructure, including a gravel access driveway and gravel parking lot.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment A.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Action I.D. 2019-01505
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company: Clearwater Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
September 6, 2022, see Attachment B
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
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 ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
No
Corps
0.099
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.099
2h. Comments:
See Figure 5 for site plan details.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1
Choose one
S2
Choose one
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
3i. Comments:
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
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
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.
Permanent impacts are proposed for 0.099 acres of wetland. All other proposed activities are proposed in uplands.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Appropriate erosion and sediment control measures following Buncombe County ordinances will be implemented to avoid unintended impacts to
wetlands and waterways on and adjacent to the site. Measures may include silt fence and seeding with native grasses once construction activities are
complete.
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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?
4 7
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The
proposed project is subject to review and approval by Buncombe County. Buncombe County is a delegated authority for the review and approval
of
Stormwater Management Plans.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Buncombe County
❑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 ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes 0 No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
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 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes 0 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 0 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 is for a private landowner on a small lot and only involves development of the project parcel. 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
the proposed project, or available capacity of the subject facility.
Wastewater will be generated from this project and will be disposed in an onsite septic system with approval from the Buncombe County
Environmental
Health Department.
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
❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ❑X No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Attachment A for results and Attachment C for data sources.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed September 20, 2022, https://www.habitat.noaa.gov/apps/efhmapper/?page=page_7
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NC DNCR State Historic Preservation Office Historic Properties web GIS server (HPOWeb 2.0), accessed September 20, 2022 (see results
Attachment A)
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 Laver Viewer: FIRM Panel: 3700961500J (Eff. 1/5/2010). See Figure 6.
Eric Romaniszyn
���
December 21, 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

Figures 1 - 6

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Attachment A
PCN Additional Comments

PCN Form Additional Information
Section B.3a Project Description — Existing conditions and land use
The project area is currently an undeveloped property that is maintained as mowed grass (see
Attachment E). Residential properties are adjacent on the north, west, and south; and Reeves Cove
Road borders to the east (Figures 1 and 3). One wetland and an unnamed tributary to Bill Moore Creek
(Class C) are present on the site (Figure 5). Bill Moore Creek flows into Hominy Creek (Class C) and
then the French Broad River (Class B) over ten miles downstream to the east.
Section B.3e Project Description — Details
The project will include the construction of two storage buildings, a gravel driveway, and a gravel
parking lot to be used primarily for storage of their commercial business equipment. The site will be
cleared and graded for the buildings, driveway, and parking lot (see Attachment C). Utilities (electric
and water) will be installed within the areas of disturbance. Access will be from Caleb Drive.
The property owners are limited on locations for the storage sheds. They are constructing a new home
on the north side of Caleb Drive, and there are property line setbacks and septic system easements
that further limit possible locations.
The project will involve one permanent wetland impact (0.099 acres) for construction of the storage
buildings and portions of the driveway and parking lot. Site preparation will involve placing fill in these
areas and authorization is requested under a Nationwide Permit 39. The driveway and gravel lot are
sized to accommodate storage and turning radii of a 20-foot trailer, 20-foot dump trailer, 16-foot
enclosed trailer, an excavator, skid steer, five work vehicles, and various lawn equipment and personal
recreation equipment.
Stormwater would be managed through silt fencing and seeding with native grasses any cleared areas
as soon as construction is complete. Typical construction equipment will be used during development
of the site, including bulldozers, excavators, backhoes, dump trucks, etc., and will be operated from
high ground where possible.
Section F.Sd. Endangered Species and Designated Critical Habitat— Sources
Information about federally threatened and endangered species was gathered on December 19, 2022,
using the US Fish & Wildlife Service (FWS) and NC Natural Heritage Program (NHP) on-line tools
(see Attachment D). A site visit was also performed on May 31, 2022 to survey for elemental
occurrences and identify potential suitable habitat.
Habitat in the project area consists of mowed grass. Some forested areas are also present on adjacent
properties but that is limited due to abundant residential properties. No FWS designated Critical
Habitat is found within the project area. The NHP database indicated no Natural Areas within a one -
mile radius but there are two Managed Areas, the Pisgah National Forest — Bent Creek Experimental
Forest and Pisgah National Forest — Pisgah Ranger District. It is ClearWater's opinion that the project
will not impact these areas due to the limited scope of work and mitigative measures taken to avoid
off -site impacts.

The FWS IPaC "Official Species List" lists six species as potentially occurring within the project
boundary or may be impacted by the project:
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bog turtle
Glyptemys muhlenbergii
Threatened (Similarity of Appearance)
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcher -plant
Sarracemoa ribra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Endangered
Rock gnome lichen
Gymnoderma lineare
Endangered
Tricolored bat
Perimyotis subflavus
Proposed Endangered'
'Proposed endangered by USFWS on September 13, 2022.
No naturally occurring suitable habitat for the Appalachian elktoe (cool, well -oxygenated, medium-
sized streams with moderate to fast flowing water), bog turtle (spring -fed bogs, fens, or sedge
marshes), gray bat (caves), mountain sweet pitcher plant (mountain bog), northern long-eared bat
(caves, mature trees, or large snags), rock gnome lichen (humid environments with rock outcrops at
high elevation or deep river gorges), or tricolored bat ((caves, mature trees, or large snags) were
observed on site. Therefore, it is ClearWater's opinion that the project is not likely to adversely affect
these protected species due to the limited scope of work.
The NHP database indicated a record of Virginia spirea (Spiraea virginiana) was found within one mile
of the project area. This species is listed as federal and state threatened. No specimens were
observed and due to wetland habitat conditions consisting of mowed grass, it is ClearWater's opinion
that no impacts will occur to this species.
Section F.7b. Historic or Prehistoric Cultural Resources.
The proposed project is two miles from three "Determined Eligible" properties, Enka Mill Historic
District's Part A, B, and C (Site ID: BN0377, Status SLHD). Development activities will be contained
to the project site and it is ClearWater's opinion that project construction will not negatively affect the
integrity of these sites.

Attachment B
Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2019-01505 County: Buncombe U.S.G.S. Quad: NC -Enka
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Mavely Cruz
Address: 210 Johnston Blvd Lot 4
Asheville, NC 28806
Telephone Number: 828-424-6590
E-mail: cruzhousesl(a-cemail.com
Size (acres) 1 Nearest Town Candler
Nearest Waterway Bill Moore Creek River Basin French Broad -Holston
USGS HUC 06010105 Coordinates Latitude: 35.506775
Longitude:-82.662468
Location description: The site is located at 11 Caleb Drive, in Candler, NC .
Indicate Which of the Followinu Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 9/6/2022 (Figure 5).
Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource
protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be
affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

2019-01505
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and arc accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 13 41). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or
amanda.i ones(a),usace.army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 09/06/2022 and
Figure 5.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
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: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor- M9
Atlanta, Georgia 30303-8803
AND
PHILTP.A.SHANNTN(c USACE.ARMY.MTL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit anAFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 09/06/2022 Expiration Date of JD: Not applicable

2019-01505
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
https: //re,4ulatory.ops.usace. army.mil/customer-service-survey
Copy Furnished:
C1earWater, Attn: Eric Romaniszyn (via email)

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Mayely Cruz File Number: 2019-01505 Date: 09/06/2022
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.mil/Missions/CivilWorks/RelzulatorVPro.iZramandPerniits.asl3x
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
if you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division
MR. PHILIP A. SHANNIN
Attn: Amanda Jones
ADMINISTRATIVE APPEAL REVIEW OFFICER
Asheville Regulatory Office
CESAD-PDS-O
U.S Army Corps of Engineers
60 FORSYTH STREET SOUTHWEST, FLOOR M9
151 Patton Avenue, Room 208
ATLANTA, GEORGIA 30303-8803
Asheville, North Carolina 28801
PHONE: [phone]; FAX [phone]
EMAIL: PHILIP.A.SHANNINLdUSACE.ARMY.MIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunit to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Amanda Jones, 69 Darlington Avenue, Wilmington, North Carolina
28403
For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1 OM15, Atlanta, Georgia 30303-8801
Phone: [phone]

Caleb Drive Tract (+/- 1.0 AC
Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a
Trimble mapping grade Global Positioning System [GPS] and the subsequent differential correction of that data. GPS
points may demonstrate uncorrectabfe errors due to topography, vegetative cover, and/or murdpath signal error.
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the Feld;
however, they have not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our
assessment, the US Army Corps of Engineers [Corps] is the only agency that can make final decisions regarding
Jurisdictional wetland and waters of the US delineations- Therefore, all preliminary determinations are Subject to
change until written verification is obtained. CEC strongly recommends that written verification be obtained from the
Corps prior to dosing on the property, beginning any site work, or making any legal reliance on this determination.
This map was prepared by CEC using the best information available to CEC at the time of production. This map is for
informational purposes only and should not be used to determine precise boundaries, roadways, property boundary
lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted.
Source data: Togo - BunCombe County; Parcel Boundaries - Buncombe County; Aenel Imagery - INC OneMap
PotentiallyJUfiSflit: lionsI Waters of the US
Wetland I Stream
Acres I I Linear Feet Acres
WA 0.560 SA 416 O.U28
PE
-�
lI '
z UPL1
WET1
SA
Project Boundary
i stream
Wetland
Data Point
Cu Ivert
4 Ft. Contour
0 50 100 200
F
Buncombe County, CLearWaber Stream and Wetland Ma
AnEnviroScierrceCompany g September 6, 2022
North Carolina 145 7th Ave West, Suite R
Hendersonville, North Carolina 29792 Figure 5

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: September 6, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Mayley Cruz, 210 Johnston Blvd Lot 4, Asheville, NC 28806
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-R-A / Cruz PJD / 2019-01505
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Buncombe City: Candler
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.506775 Long.:-82.662468
Universal Transverse Mercator: NAD83
Name of nearest waterbody: BIII Moore Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑■ Office (Desk) Determination. Date: 09/06/2022
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
WA
35.506511
-82.662044
0.56 ac
Wetland
404
SA
35.506708
-82.662497
416 If / 0.028 ac
Non -Wetland Waters
404

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
Vicinity, USGS Topgraphic, Aerial, USDA Soil, Stream wetland Delineation, and FEMA
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
■❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1:24K Enka Quad
0 Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: FIRM Panel 3700961500J (eff. 01/05/2010)
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ❑■ Aerial (Name & Date): NCCGIA 2019
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
0 Other information (please specify): Property ownership information
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
AA-01-�
Signature 4ad date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

Attachment C
Threatened and Endangered Species Data

United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0001879
Project Name: Caleb Drive Tract
December 19, 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

12/19/2022
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws.gov/ ffice/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handhnnk_
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
■ Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
■ Migratory Birds
■ Wetlands

12/19/2022
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
[phone]

12/19/2022
Project Summary
Project Code: 2023-0001879
Project Name: Caleb Drive Tract
Project Type: Residential Construction
Project Description: For permit application to construct storage sheds in wetland area
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/@35.50705295,-82:6625487459649,14z
B
Counties: Buncombe County, North Carolina

12/19/2022
Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
Reptiles
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962

12/19/2022
4
Clams
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: littps://ecos.fws.gov/ecp/species/5039
Insects
NAME
STATUS
Monarch Butterfly Donaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

12/19/2022
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
rear:"M► • IMM", r11

12/19/2022
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
THERE ARE NO WETLANDS WITHIN YOUR PROJECT AREA.

12/19/2022
E
IPaC User Contact Information
Agency:
ClearWater Environmental Consultants, Inc.
Name:
Eric Romaniszyn
Address:
145 7th Avenue West
Address Line 2:
Suite B
City:
Hendersonville
State:
NC
Zip:
28792
Email
[e-mail]
Phone:
8286989800
Lead Agency Contact Information
Lead Agency: Army Corps of Engineers

Roy Cooper, Governor
■Milli
NC DEPARTMENT OF
■■■� NATURAL AND CULTURAL RESOURCES
■ ■■■
December 19, 2022
Eric Romaniszyn
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: Caleb Dr update
Dear Eric Romaniszyn:
0. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-20315
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence, the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.ciov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The 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 nev.butlerLncdcr.c�ov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 W. JONES STREFT. PALE IGH. NC 27603 • 16SI MAIL SERVICE CENTER. RALEiGH. NC 27609
& OFC 919,707,9120 • FAX 919,707.9121

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Attachment D
Photo Log

Photo 1. Facing east from property entrance at Caleb Drive
Photo 2. Facing southwest near center of project site along
Caleb Drive

Photo 3. Facing northeast from south property corner
Photo 4. Bill Moore Creek

Attachment E
401 Pre -File Submittal

Eric Romaniszyn
From:
Sent:
To:
Subject:
Project Name: Caleb Drive Tract
County: Buncombe
Eric Romaniszyn
Wednesday, July 20, 2022 6:17 AM
401 PreFile
Caleb Drive Tract Project Prefile
Applicant Name: Mayely Cruz (Agent: ClearWater Environmental Consultants, an EnviroScience Company)
Applicant Email: [e-mail] (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
Eric
Eric Romaniszyn
Senior Scientist
CLearWater
An EnviroScience Company p
145 Th Ave West, Suite B, Hendersonville, NC 28792; EnviroSciencelnc.com
O. 828.698.9800 1 C. 865.406.12811 24h Emergency: (888) 866-SS40 40
OH I TN I VA I WV I NC 9■ e 1M