20150189 Ver 1_401 Application_20150215

lO C
February 9, 2015
Ms. Karen Higgins
401 Supervisor
NC DWR, 401 & Buffer Permitting Unit
512 North Salisbury St.
Raleigh, North Carolina 27604
Re- Hyder Pasture Bog Restoration Project
Section 401 Permit
Ms. Higgins,
Wolf Creek Engineering, pllc
Engineering and Environmental Consulting
The Carolina Mountain Land Conservancy (CMLC) is seeking approval from the NCDWR for a Section
401 Permit for construction of the Hyder Pasture Bog Restoration Site (the Site) in Henderson County,
North Carolina. The Site is to be included in the East Flat Rock Bog Significant Natural Heritage Area
(SNHA), which provides habitat for the federally and state endangered Bunched Arrowhead (Sagittaria
fasciculata). This species of plant is declining across its entire range and only a small remnant
population survives on the Site. CMLC has been working in coordination with the U.S Fish and
Wildlife Service ( USFWS) to protect and restore suitable habitat for this important resource.
CMLC has contracted with Wolf Creek Engineering to provide design and construction oversight
services for the implementation of the restoration. The site design has been developed in collaboration
with the USFWS. The construction plans have been reviewed and approved by the USFWS and the
WATCO Railroad Company. These plans are included as an attachment to this permit application. The
following is a brief description of the site conditions and the proposed restoration efforts.
12' /z Wall Street, Suite C • Asheville. NC 28801 • 828 449 1930 • www wolfcreekeng com

Project Location
The proposed Hyder Pasture Bog Restoration Site is located four miles south of Hendersonville, North
Carolina in the southern part of Henderson County (Figure 1). The center of the Site lies at LAVLONG
35 016'55.14" N, 82 024'38.96" W. The Site encompasses approximately 7 acres and drains to Bat Fork,
a tributary of the upper French Broad River (USGS 8 -digit Hydrologic Unit Code 06010105).
Property and Land Use
The CMLC has recently purchased the property this Site is on. Prior to CMLC ownership, the property
consisted of a small homestead and the land use was primarily agriculture and livestock grazing. The
northeast boundary of the property is adjacent to a WATCO railroad line. It is along this boundary,
within the drainage ditch for the railroad, that the current population of Bunched Arrowed is located on
the Site.
Restoration Goals and Objectives
The primary goal of the Hyder Pasture Bog Restoration Project is to restore the swamp forest -bog
complex (typic subtype) natural community that historically existed in this location. Through such
efforts, the restoration project will improve and expand suitable habitat for the endangered Bunched
Arrowhead Equally important is to provide for the protection and support the recovery of the
population of Bunched Arrowhead that currently exists on the Site
The project objectives include the following:
• Excavate overburden soil to restore wetland hydrology
• Construct depressional features that intersect groundwater and base flow hydrology in order to
provide proper flow regimes for Bunched Arrowhead
• Maintain existing Bunched Arrowhead habitat along the railroad ditch in the northern portion of
the Site
• Transplant Bunched Arrowhead currently within the railroad ditch in the eastern portion of the
Site to areas of restored hydrology
• Transplant Bunched Arrowhead currently at the North Carolina Botanical Garden (University of
North Carolina at Chapel Hill) to areas of restored hydrology
• Restore native vegetation
• Eradicate exotic, invasive plant species
• Remove existing dilapidated structures
12' /z Wall Street, Suite C • Asheville, NC 28801 • 828 449 1930 • www wolfcreekeng com

Protected Species
Bunched Arrowhead is endemic to a limited number of locations within Henderson County, North
Carolina and Greenville County, South Carolina. The species reportedly occurred in Buncombe
County, North Carolina, but has not been documented there for the last 20 years. The proposed Hyder
Pasture Bog Restoration Site is one of a few known sites that support Bunched Arrowhead. The
species' recovery plan maintains that the limited and specific habitat required by Bunched Arrowhead is
the primary factor determining the rarity of the species Although environmental site conditions vary
among and between sites where Bunched Arrowhead occurs, according to Baxter et al. (2007),
The Bunched Arrowhead appears to require a very specific habitat, growing only in well
shaded, hydrated soils fed by a constant source of fresh water (from a stream or seep).
Although saturation is a requirement, the plant appears to grow only in environments free from
substantial hydrologic disturbances and fluctuations (e.g., flooding, drought). The plants like to
grow in organic rich (average 10% organic), sandy mucks in shallow ( <5 cm deep), acidic (pH
4 -5), sodium mixed cation — bicarbonate waters with moderate levels of dissolved oxygen (3 — 7
mg/L) and relatively low conductivities (20 — 50 µ6). The plant's distinct and sensitive habitat
requirements will make it particularly vulnerable to changes in the hydrogeology and/or land
cover from encroaching development
Existing Conditions
The hydrology of the Site has heavily degraded due to many years of agricultural practices, including
ditch construction and the removal of native vegetation. Previous property owners constructed a series
of ditches throughout the property for the purpose of draining the surrounding area to produce hay.
Residential development in the surrounding area has also negatively impacted the hydrology by
increasing the amount of impervious area, stormwater runoff, and likely diminishing groundwater
recharge. These conditions result in the groundwater levels no longer able to sustain wetland hydrology
in the majority of the Site.
On the Site currently, the wetland areas amount to 0.48 acres and are located only in and around the
constructed ditches. The surviving population of Bunched Arrowhead persists in the bottom of the
railroad ditch, where continued survival is threatened by competitive aquatic and semi - aquatic species.
The Henderson County Soil Survey (MRCS 1980) has two soil series mapped within the Site boundary;
Toxaway silt loam and Delanco (dillard) loam. A soils investigation was performed by the Catena
Group to determine if soil conditions would support the proposed restoration activities. The
12V2 Wall Street, Suite C • Asheville, NC 28801 • 828 449 1930 • www wolfcreekeng com

investigation included hand augered soil borings and visual observations at various locations throughout
the Site. The investigation concluded that a hydric soil layer is present throughout much of the Site
approximately 6 inches to 2 feet below the current land surface.
Restoration Methods
The methods for the restoration of the Hyder Pasture Bog include active restoration of site hydrology
and native vegetation to facilitate successful creation of habitat supporting Bunched Arrowhead, as well
as maintaining and protecting current habitat.
The restoration of site hydrology will require excavating of 6 inches to 2 feet of overburden soil to
expose the buried hydric soils. This will take place in the central portion of the site, adjacent to the
railroad ditch. Remaining ditches in this area, except for the railroad ditch, will be backfilled.
Depressional areas will also be constructed throughout this area to create a variety of hydrologic
regimes. Flow control log structures will be installed to route base flow through the depressional areas
providing cool, freshwater habitat. A small sediment trap southwest of the newly excavated area will be
constructed to capture and slow overland stormwater flows. This structure will also direct any overland
flow coming from south of the Site into the newly formed wetland area to further contribute to the
restoration of the Site hydrology. Additional site work will include removing an existing culvert and
dilapidated structures.
Community - specific native species will be planted throughout the Site, including Bunched Arrowhead,
in areas of restored hydrology Harvested humic substrate from areas adjacent to Bunched Arrowhead
habitat will be placed into constructed features to provide additional habitat and a potential seed source
for wetland plant species. On -site transplants will be installed on the newly restored floodplain habitat
to provide shade for the depressional features Bareroot seedlings will be installed throughout this newly
formed wetlands and adjacent uplands for native forest restoration.
Wetland Impacts
Temporary impacts to 0.26 acres of the total 0.48 acres of wetlands within the Site are unavoidable in
order to excavate overburden soil and restore the site hydrology. The impacts will not occur to the
wetlands in the north portion of the Site where Bunched Arrowhead are currently located Efforts will
be made to replace and restore disturbed topsoil and re- establish native vegetation. It is forecasted that
the proposed restoration operations will result in increasing the total wetland area to 1.22 acres.
12'/2 Wall Street, Suite C • Asheville, NC 28801 • 828 449 1930 • www wolfcreckeng corn

Summary
We anticipate that the immediate effects of the construction of this project will cause ground
disturbance due to the use of heavy equipment in the excavation of the proposed wetland area and
construction of restoration components. These activities are necessary to reverse the extensive
degradation of the Site. The long term effects of the project will result in an overall enhancement and
restoration of wetland and critical habitat for the endangered Bunched Arrowhead. The site will be
protected in perpetuity through ownership by the Carolina Mountain Land Conservancy.
Should you have any questions or if you require any additional information please feel free to contact
me at my office (828) 449 -1930. Thank you for your time and attention to this matter
Sincerely,
Wolf Creek Engineering, pllc
S Grant Ginn, PE
President
Attachments-
Application Fee ($240 00) Check No 9411
Pre - Construction Notification (4)
Construction Plans (2) Half Size and (2) Full Size
Bound Copy of Supporting Documents (4)
121/2 Wall Street, Suite C • Asheville, NC 28801 • 828 449 1930 • www wolfcreekeng com

OF W A TF9
o� o Office Use Only
2 0 1 5 0 1 8 9 Corps act qr o )
Form Vision 1 3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
la
Type(s) of approval sought from the
Corps
® Section 404 Permit ❑Section 10 Permit
lb Specify Nationwide Permit (NWP) number 27 or General Permit (GP) number
_
ri c
Has the NWP or GP number been verified by the Corpse
❑ Yes
® No
ld
Type(s) of approval sought from the DWQ (check all that apply)
® 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 ® No
For the record only for Corps Permit
❑ Yes ® 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
® No
1g
Is the project located in any of NC's twenty coastal counties If yes, answer 1 h
below
❑ Yes
® No
1h
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
❑ No
2.
Project Information
2a
Name of project
Hyder Pasture Bog Restoration
2b
County
Henderson
2c
Nearest municipality / town
Flat Rock, NC
2d
Subdivision name
N/A
2e
NCDOT only, T I P or state
project no
N/A
-/
3.
Owner Information B 3
3a
Name(s) on Recorded Deed
Carolina Mountain Land Conservancy
3b
Deed Book and Page No
1)1530/689 2)1530/686 4U1$ BUFFER
RESvuI <rg
3c
Responsible Party (for LLC if
applicable)
Kieran Roe
3d
Street address
847 Case Street
3e
City, state, zip
Hendersonville, NC 28792
3f
Telephone no
(828) 697 -5777
3g
Fax no
3h
Email address
Kieran @carolinamountian org
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
4a
Applicant is
❑ 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
S Grant Ginn, P E
5b
Business name
(if applicable)
Wolf Creek Engineering, pllc
5c
Street address
12 '/2 Wall St Suite C
5d
City, state, zip
Asheville, NC 28801
5e
Telephone no
(828) 449 -1930
5f
Fax no
5g
Email address
gginn @wolfcreekeng com
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
la Property identification no (tax PIN or parcel ID)
1) 1015869 2)1015870
lb Site coordinates (in decimal degrees)
Latitude 35 268094 Longitude - 82 410822
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
1) 5 71 acres 2)1 43 acres
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Bat Fork
proposed project
2b Water Quality Classification of nearest receiving water
C
2c River basin map is available at
French Broad
http / /h2o enr state nc us /adman /maps/
3. Project Description
3a Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application
The proposed project is located on a property that has historically been used for agricultural purposes To increase the
usable land for these purposes ditches have been constructed and native vegetation has been removed throughout this
property These practices have negatively impacted the wetland hydrology
3b List the total estimated acreage of all existing wetlands on the property
0 48 acres
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property 0 feet
3d Explain the purpose of the proposed project
The purpose of the project is to restore ecological function and natural stability, and to increase aquatic and terrestrial
habitat to a tract of land which has been negatively impacted by agricultural practices
3e Describe the overall project in detail, including the type of equipment to be used
The proposed activities are intended to restore and expand impacted wetlands located within the project limits Restoration
will include the excavation of a new floodplain and the filling in of ditches to allow the groundwater table to rise and reestablish
wetland hydrology Non - native and invasive vegetation will be removed Native vegetation, including the endangered
Bunched Arrowhead (Sagittana fasciu/ata), will be planted to facilitate the restoration of a natural bog and wetland habitat for
insect, terrestrial and avian species Upon completion of the work, all access roads, staging areas, construction entrances and
silt fence will be removed and all disturbed soils will be stabilized with mulch and native seed to establish permanent ground
cover Equipment anticipated for construction efforts includes track -hoes, skid- steers, track - trucks and off -road trucks
Page 3 of 11
PCN Form — Version 1 3 December 10, 2008 Version

4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments
4b If the Corps made the jurisdictional determination, what type
® preliminary ❑ Final
of determination was made?
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company Equinox Environmental
Name (if known) Hunter Terrell
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Attached is the Jurisdictional Determination Request Field verification of jurisdictional wetlands was conducted on
January 30, 2015 by the Corp and DWQ Currently awaiting approval of jurisdictional determination
5. Project History
5a Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past'?
5b If yes, explain in detail according to "help file" instructions
6. Future Project Plans
6a Is this a phased project?
❑Yes ®No
6b If yes, explain
Page 4 of 11

C. Proposed Impacts Inventory
1. Impacts Summary
1a Which sections were completed below for your project (check all that apply)
® 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
2b
2c
2d
2e
2f
Wetland impact
Type of Jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ® T
Restoration
❑ Yes
® No
® Corps
❑ DWQ
026
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h Comments Site wetlands are impacted by constructed ditches and invasive species, which will be improved by
implementation of restoration activities Hydrologic connection will be improved and, through wetland restoration efforts, the
total wetland areas within the site are projected to increase from 0 48 acres to 1 22 acres
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
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of Jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S2 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
1 Comments
Page 5 of 11

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 indiv ually list all open water impacts below
4a 4b 4c 4d 4e
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a 5b 5c 5d 5e
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded I Filled I Excavated Flooded I Filled I Excavated Flooded
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes No If yes, permit ID no
51 Expected pond surface area (acres)
51 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?
6b 6c 6d
Buffer impact
number — Reason
Permanent (P) or for
Temporary T impact
B1 ❑P ❑T
B2 ❑P ❑T
ME ENME
61 Comments
❑ Neuse ❑ Tar - Pamlico ❑ Other
❑ Catawba ❑ Randleman
6e I 6f I 6g
I Buffer
Stream name I mitigation
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h Total buffer impacts
Page 6 of 11
Zone 1 impact I Zone 2 impact
(square feet) (square feet)

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
la
Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Where Bunched Arrowhead and other native vegetation exist it will be incorporated into the newly constructed wetland
b
Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Existing herbaceous material and top soil will be harvested for reuse to encourage quick re- vegetation of disturbed
wetlands Construction access will take the most direct route to minimize disturbance to existing vegetation and
wetlands
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 ® 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
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank N/A
3b Credits Purchased (attach receipt and letter)
Type
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
❑ warm ❑ cool ❑cold
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 7 of 11
PCN Form — Version 1 3 December 10, 2008 Version

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 requres
El Yes No
buffer mitigation? If Yes, you will have to fill out this entire form — please
contact the State for more information
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 8 of 11

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
la
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® 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 El No
Comments
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
<1 %
2b
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c
If this project DOES NOT require a Stormwater Management Plan, explain why This project will not increase runoff flow
and the drainage area has less than 24% impervious area
2d
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan
❑ Certified Local Government
2e
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a
In which local government's jurisdiction is this project?
N/A
❑ Phase II
3b
Which of the following locally - implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply)
❑ Water Supply Watershed
❑ Other
3c
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® 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
attached9
S.
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 9 of 11
PCN Form — Version 1 3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la Does the project involve an expenditure of public (federal /state /local) funds or the
® Yes ❑ No
use of public (federal /state) land?
lb 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)?
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
letter)
❑ Yes ® No
Comments NEPA preparation completed by USFWS
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 ® No
or Riparian Buffer Rules (15A NCAC 2B 0200)?
2b Is this an after - the -fact permit application?
❑ Yes ® 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 ® 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
This project is a wetland restoration project and the restoration efforts will not have any adverse effect on any
downstream water quality The site will be protected in perpetuity from development, and will result in no future or
cumulative effects
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
No wastewater will be generated by the proposed project
Page 10 of 11
PCN Form — Version 1 3 December 10, 2008 Version

S.
Endangered Species and Designated Critical Habitat (Corps Requirement)
5a
Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b
Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
❑ Raleigh
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?
Field identification by USFWS staff (see attached)
6.
Essential Fish Habitat (Corps Requirement)
6a
Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b
What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper v3 0
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 ® 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?
State Historic Preservation Office concurrence letter dated January 16, 2015 (see attached)
8. Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA - designated 100 -year floodplain?
❑ Yes ® No
8b
If yes, explain how project meets FEMA requirements
8c
What source(s) did you use to make the floodplain determination? NC Floodmaps
S. Grant Ginn, P E
2//�� S
el;ll
Applicant/Agent's Printed Name
Date
pp scant/ gent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided
Page 11 of 11

Hyder Pasture Bog Restoration Project
Supporting Documentation
• Vicinity Map
• Topographic Map
• Soil Survey Map
• Design Calculations
• Jurisdictional Determination Request
• Section 7 Biological Evaluation Form
• State Historic Preservation Letter
• Most Current Deeds for the Site
KA C� 19 U T LI
FFE�B 1 3 2015

North Carolina Counties
HENDERSON COUNTY
Blue
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1255 25 The Hyder Pasture Bog Restoration Site is located In the southern
1113
• " part of Henderson County approximately 4.3 Mlles southeast of
+ Hendersonville, NC. From Asheville, take I -26 E towards
1287 + 1109 ,^ j4 Hendersonville. After 26 miles take exit 54 for US -25 S and then
iioa t .6 take exit 7 for US -176. Turn right onto US -176 and travel 0.6 miles
114 Im then turn left onto Roper Rd. The destination Is on the right Just
X1114 11.43 p past the Railroad tracks. Entrance to the Site lies at LAT /LONG
20 2 35.267945' N, 82.410912' W.
PREPARED FOR: PREPARED BY:
VICINITY MAP
HYDER PASTURE BOG RESTORATION PROJECT
U lOf'F C(2EFJC o 2 HENDERSON COUNTY, NORTH CAROLINA
e�e�ue eerxnx;
CLC schl IN 1'"13 FIGURE 1
CAROLINA NOUNTAi
1.
-,
� •mow/
HENDERSON COUNTY
Blue
Ridge ° 1718 1716 r
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1114 7 6 RA wAY C
ilia O
'a 1142 1115 Tu DIRECTIONS TO SITE FROM ASHEVILLE:
1255 25 The Hyder Pasture Bog Restoration Site is located In the southern
1113
• " part of Henderson County approximately 4.3 Mlles southeast of
+ Hendersonville, NC. From Asheville, take I -26 E towards
1287 + 1109 ,^ j4 Hendersonville. After 26 miles take exit 54 for US -25 S and then
iioa t .6 take exit 7 for US -176. Turn right onto US -176 and travel 0.6 miles
114 Im then turn left onto Roper Rd. The destination Is on the right Just
X1114 11.43 p past the Railroad tracks. Entrance to the Site lies at LAT /LONG
20 2 35.267945' N, 82.410912' W.
PREPARED FOR: PREPARED BY:
VICINITY MAP
HYDER PASTURE BOG RESTORATION PROJECT
U lOf'F C(2EFJC o 2 HENDERSON COUNTY, NORTH CAROLINA
e�e�ue eerxnx;
CLC schl IN 1'"13 FIGURE 1
CAROLINA NOUNTAi

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Sod Map — Henderson County, North Carolina
Map Unit Legend
Hyder Pasture Bog Restoration
Project
Henderson County, North Carolina (NC089)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
Ae
Arents, loamy
0 4
I 24%
BrC
Brevard loam, 7 to 15 percent
slopes
1 1
63%
DeB
Delanco (ddlard) loam, 2 to 7
percent slopes
125
722%
HyC
Hayeswlle loam, 7 to 15 percent
slopes
01
04%
To
Toxaway silt loam
32
186%
Totals for Area of Interest
17 3
1000%
usDA Natural Resources Web Sod Survey 2/5/2015
o Conservation Service National Cooperative Soil Survey Page 3 of 3

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Hydraulic Analysis Report
Project Data
Project Title HYDER BOG RESTORATION
Designer WOLF CREEK ENGINEERING
Project Date Friday, October 24, 2014
Project Units U S Customary Units
Notes
Channel Analysis: INLET - 4' BASE TRAPEZOIDAL - COIR MATTING
Notes Max allowable shear stress for Coir Matting is 1 7 (lb /ft ^2)
Input Parameters
Channel Type Trapezoidal
Side Slope 1 (Z1) 3 0000 (ft/ft)
Side Slope 2 (Z2) 3 0000 ( ft/ft)
Channel Width 4 0000 (ft)
Longitudinal Slope 0 0700 (ft/ft)
Manning's n 0 0200
Flow 15 6000 (cfs)
Result Parameters
Depth 0 3573 (ft)
Area of Flow 1 8119 (ft12)
Wetted Perimeter 6 2595 (ft)
Average Velocity 8 6095 (ftls)
Top Width 6 1436 (ft)
Froude Number 2 7938
Critical Depth 0 6562 (ft)
Critical Velocity 3 9830 (ft/s)
Critical Slope 0 0076 ( ft/ft)
Critical Top Width 7 9373 (ft)
Calculated Max Shear Stress 1 5605 (lb/ft-2) < 1,71o, G
Calculated Avg Shear Stress 1 2644 (lb /ft ^2)

21 f—% I I L 1 00-1% X
�a Ek-.� U I IN U
CI'
balance through proper plonning
January 5, 2015
David Brown
Regulatory Specialist
U S Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, NC 28801
Subject Carolina Mountain Land Conservancy - Hyder Pasture Field Verification Request, Flat Rock, NC
Dear Mr Brown
Equinox is submitting a formal request for a field verification of jurisdictional waters on behalf of Carolina
Mountain Land Conservancy and Wolf Creek Engineering Please find the attached information regarding a
wetland restoration at the Hyder Pasture Parcel located off Roper Road and Spartanburg Highway (Henderson
County PIN #9587-10-8293) 1 would be happy to schedule a time to visit the site with you and a representative
of DWQ at your convenience
Thank you for your time and feet free to call with any questions I can be reached at 828 - 253 -6856 ext 209
Sincerely,
I
Hunter Terrell
Aquatic Resource & GIS Specialist
Equinox
37 Haywood Street
Asheville, NC 28801
37 Haywood Street, Suite 100 Asheville NC 28801 828 253 6856 www equinoxenvironmental com

Jurisdictional Determination Request
US Army Corps
of Enginoors
Wilmington District
This form is intended for use by anyone requesting a Jurisdictional determination (JD) from the
U S Army Corps of Engineers, Wilmington Distnct (Corps) Please include all supporting
information, as described within each category, with your request You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile A current list of county assignments by Field Office and project manager can be
found on -line at: http,//www saw usace army mil/Missions /Re gulatoryPerm ttPro gram as , by
telephoning 910-251-46' )3, or by contacting any of the, field offices listed below
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
General Number (828) 271 -7980
Fax Number (828) 281 -8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake forest, North Carolina 27587
General Number (919) 554 -4884
Fax Number (919) 562 -0421
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number (910) 251 -4610
Fax Number (252) 975 -1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number 910 -251 -4633
Fax,Number (910) 251 -4025
Version. December 2013 Page 1

Jurisdictional Determination Request
INSTRUCTIONS
All requestors must complete Parts A, B, C, D, E and F
NOTE TO CONSULTANTS AND AGENCIES- If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION. Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS Property owner authorization notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS A Corps approved or preliminary JD may not
be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or
your tenant are USDA Program participants, or anticipate participation in USDA programs, you
should also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work
Version: December 2013 Page 2

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: No Address Assigned- "Lot # B at comer of Roper Road and Spartanburg Hwy
City, State. Flat Rock, NC
County- Henderson
Directions- From Asheville- Head Easton 1 -26 Take Exit 53 (Upward Road) and tum right off ramp
Tum loft (couch) on Hwy 176 (Spartanburg Hwy) Tum Righl on Roper Road, Driveway Is immodietely on right
Parcel Index Number(s) (PIN) 9587108293
B. REQUESTOR INFORMATION
Name, Hunter Terrell- Equinox
Mailing Address 37 Haywood Street
Telephone Number (828) 253 -6856
Electronic Mail Address', hunter @equmoxenvlronmentai com
Select one
❑ I am the current property owner
I am an Authorized Agent or Environmental Consultant2
❑ Interested Buyei or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name Carolina Mountain Land Conservancy- Kieran Roe
Mailing Address 847 Case street
Hendersonville, NC 28792
Telephone Number (828) 697 -5777
Electronic Mail Address3
F,/—]Proof of Ownership Attached (e g a copy of Deed, County GIS/Parcel /Tax Record data)
1 if available
2 Must attach completed Agent Authorization Form
3 If available
Version: December 2013 Page 3

Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property /properties identified herein,
do authorize representatives of the Wilmington District, U.S Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on -site investigations
and issuing a determination associated with Waters of the U.S subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
K I cfC.,,\ R 0 e.
Property Owner (please print)
C.
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One
/ Z
Date
I am requesting that the Corps provide a prelimmary JD for the property identified herein
This request does include a delineation.
I am requesting that the Corps provide a preliminary JD for the property identified hei em.
This request does NOT include a delineation
F1I am requesting that the Corps investigate the property /project area for the presence or
absence of WoUSS and provide an approved JD for the property identified herein This
request does NOT include a request for a verified delineation
❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property /project
area and provide an approved JD (this may or may not include a survey plat).
I am requesting that the Corps evaluate and apps ove a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
4 For NCDOT requests following the current NCDOT /USACE protocols, skip to Part E
5 Waters of the United States
Version- December 2013 Page 4

Jurisdictional Determination Request
F. ALL REQUESTS
QMap of Property or Project Area (attached) This Map must clearly depict the boundaries
of the area of evaluation
✓❑ Size of Property or Project Area `7 1 acres
Iy l I verify that the property (or project) boundaries have recently-been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests
❑ Completed and signed Preliminary Jurisdictional Determination Fonn6
❑ Project Coordinates-
Latitude
Maps (no larger than 11x17) with Project Boundary Overlay:
Longitude
❑ Large and small scale maps that depict, at minimum- streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e g National Wetland Inventory Map, Proposed Site
Plan, previous delineation neaps, LIDAR maps, FEMA floodplain maps)
6 See Appendix A of this Form From Regulatory Guidance Letter No 08 -02, dated June 25, 2008
Version December 2013 page 5

Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
Wetland Data Sheets
Tributaries:
USAGE Assessment Forms
Upland Data Sheets F] Other Assessment Forms
(when appropriate)
F] Landscape Photos, if taken
Field Sketch overlain on legible Map that includes:
o All aquatic resources (for saes with multiple resources, label and identify)
® Locations of wetland data points and/or tributary assessment reaches
Locations of photo stations
® Approximate acreage /linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation.
® Protect Coordinates 35 268967 Latitude - 82.411476 Longitude
Maps (no larger than 11 x 17) with Project Boundary Overlay:
F4Large and small scale maps that depict, at minimum* streets, intersections, towns
® Aerial Photography of the project area
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
1987 Manual Regional Supplements and Data forms can be found at
http //www usace aLM miUMissions/ CivilWorks/ ReeulatoryProerarnandPermits /res supp aspx
Wetland and Stream Assessment Methodologies can be found at
htto / /portal ncdenr ore/c /document library /get file ?uuid= 76f3c58b -dab8- 4960- ba43.45b7fafo6f4c &grouold =38364 and,
http / /www saw usace army md/ Portals /59 1does /regulatory /publlcnotices /2013 /NCSAM Draft User Manual 130318 pdf
8 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type
Version: December 2013 Page 6

Jurisdictional Determination Request
Delineation Information (when applicable)
Wetlands
W% Wetland Data Sheets
Tributaries-
1:1 USACE Assessment Forms
❑✓ Upland Data Sheets ❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes.
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and /or tributary assessment reaches
• Locations of photo stations
• Approximate acreage /linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
® Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s) ")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc, to navigable waters,
9 Delineation information must include, at minimum, one wetland data sheet for each wetland /community type
Version: December- 2013 Page 7

Jurisdictional Determination Request
I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review
Due to storage limitations of our administrative records, the Corps requires that all hard -
copy submittals include at least one original Plat (to scale) that is no larger than I I "x_17'
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "x 17 ", may also be submitted for Corps signature as needed The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file Upon verification, the Corps can electronically sign these
plats and return them via a -mail to the requestor
(1) PLATS SUBMITTED FOR APPROVAL
Must be sealed and signed by a licensed professional land surveyor
F] Must be to scale (all maps must include both a graphic scale and a verbal scale)
Must be legible
F] Must include a North Arrow, Scale(s), Title, Property Information
Must include a legible WoUS Delineation Table of distances and bearings /metes
and bounds /GPS coordinates of all surveyed delineation points
nMust clearly depict surveyed property or protect boundaries
Must clearly identify the known surveyed point(s) used as reference (e.g property
corner, USGS monument)
E] When wetlands arc depicted.
a Must include acreage (or square footage) of wetland polygons
o Must identify each wetland polygon using an alphanumeric system
Version: December 2013 - Page 8

Jurisdictional Determination Request
❑ When tributaries are depicted
• Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
• Must identify each tributary using an alphanumeric system
• Must include linear footage of tributaries and calculated area (using approximate
widths or surveyed OHWM)
• Must include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
F1all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
Must include the location of wetland data points and /or tributary assessment
reaches
F] Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA (e g "isolated wetlands ", "non -
jurisdictional waters ") NOTE: An approved JD must be conducted in order to
snake an official Corps determination that a particular waterbody or wetland is not
jurisdictional
Must include and survey all existing conveyances (pipes, culverts, etc ) that
transport WoUS
Version. December 2013 _ Page 9

Jurisdictional Determination Request
(2) CERTIFICATION LANGUAGE
When the entire actual Jurisdictional Boundary is depicted-
include the following Corps Certification language-
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (S) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U S. Army Corps of Engineers Wetlands Delineation Manual "
Regulatory Official-
Title
Date
USACE Action ID No
When uplands may be present within a depicted Jurisdictional Boundary-
include the following Corps Certification language-
"This certifies that this copy of this plat identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U S Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory official.
Title.
Date.
USA CE Action ID No.
Version: December 2013 e Page 10

Jurisdictional Determination Request
(3) GPS SURVEY'S
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as
❑ be at sub -meter accuracy at each survey point
F] include an accuracy verification
One or more known points (property corner, monument) shall be located with the
GPS and cross - referenced with the existing traditional property survey (metes and
bounds)
1:1 include a brief description of the GPS equipment utilized
Version. December 2013 Page 11

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WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
�11 ++
ProjecUSite: 4 U[ 1 4 5 i-.- ...0 l� L" CilylCounly. 1,/ S ova Co. Sampling Date:
Applicant/Owner C Ku C State Sampling Point W0
Investigator(s): �7 (- M lt/ Section, Township, Range:
Landform (hillslope, terrace. etc.): (! <ck �Sa-�Ao `— Local relief (concave, convex, none): CoK v L x Slope ( % }. L Z
Subregion (LRR or MLRA): L R NZ IJ Lai: 3 S • 2 `9 l 1 S Long: $ 2. 4f( 1 33 Datum: 0<>� 83
Soil Map Unit Name: 7—v ic a w t? NWI classification: j D V-e
Are climatic / hydrologic conditions on the site typical for this time of year? Yes JV No (If no, explain in Remarks.)
Are Vegetation _i 'Soil s,�, or Hydrology J significantly disturbed? Are "Normal Circumstances" present? Yes k No
Are Vegetation —.J—, Sod _�, or Hydrology r_ naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes x No
Is the Sampled Area
Hydric Sod Present? Yes �_ No__- within a Wetland? Yes A-- No
Wetland Hydrology Present? Yes _ Nn
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
Surface Sod Cracks (86)
_ Surface Water (A1)
_ True Aquatic Plants (B14)
_ Sparsely Vegetated Concave Surface (B8)
_ High Water Table (A2)
_ Hydrogen Sulfide Odor (C1)
_ Drainage Patterns (B10)
X Saturation (A3)
Oxidized Rhizospheres on Living Roots (C3)
_ Moss Trim Lines (B16)
_ Water Marks (B7)
_ Presence of Reduced Iron (C4)
_ Dry - Season Water Table (C2)
_ Sediment Deposits (B2)
_ Recent Iron Reduction in Tilled Sods (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (B3)
_ Thin Muck Surface (C 7)
_ Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (B4)
_ Other (Explain In Remarks)
_ Stunted or Stressed Plants (D1)
_ Iron Deposits (85)
X� Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (67)
_ Shallow Aquitard (D3)
_ Water Stained Leaves (89)
_ Microtopographic Relief (D4)
Aquatic Fauna (813)
_ FAC- Neutral Test (05)
Field Observations:
Surface Water Present? Yes
No Depth (inches):
Water Table Present? Yes
No Depth (inches):
Saturation Present? Yes 7C
Nu Depth (inches):
Wetland Hydrology Present? Yes X No
includes capillary fringe)
Describe Recorded Data (stream gauge. monitoring well, aerial photos, previous inspections), if available
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 .0

VEGETATION (Four Strata) - Use scientific names of plants.
3
Absolute Dominant Indicator
Tree Stratum (Plot size )
% Cover Species? Status
1 i r v6 r v+-%
) b _ < _F A e-
2 vcS� Sy� ✓A �cA
�— �_ P4L
3
Species Across All Strata
4
(B)
5
6
That Are OBL, FACW, or FAC
7
(AIB)
Prevalence Index worksheet
Total Cover
50% of total cover
20% of total cover
Sapling /Shrub Stratum (Plot size 1 r )
1 A
o 111Z1�
2
FACW species
3
4
x 3 =
5
FACU species
6
7
x 5 =
8
Column Totals
9
(B)
S
1 D = Total Cover
50% of total cover
20% of total cover Z
r
Herb Stratum (Plot size )
1 �. v.L�i �SvS
�� X_
2 s .: uk��
_Z o x
3
4 �z-c -.- b r' L
10 �
6
7
8
9
10
11
100 = Total Cover
50% of total cover Iry
20% of total cover �L
Woody Vine Stratum (Plot size )
1 t o w1
2
3
4
5
= Total Cover
50% of total cover
20% of total cover
Remarks (Include photo numbers here or on a separate sheet )
Sampling Point two f
Number of Dominant Species
That Are OBL, FACW, or FAC
(A)
Total Number of Dominant
Species Across All Strata
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC
(AIB)
Prevalence Index worksheet
Total % Cover of
Multiply by
OBL species
x 1 =
FACW species
x 2 =
FAC species
x 3 =
FACU species
x 4 =
UPL species
x 5 =
Column Totals
(A)
(B)
Prevalence Index = B/A =
X 1 - Rapid Test for Hydrophytic Vegetation
_ 2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53 0'
_ 4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
_ Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydrrc sod and wetland hydrology must
be present, unless disturbed or problematic
Definitions of Four Vegetation Strata
Tree - Woody plants, excluding vines, 3 in (7 6 cm) or
more in diameter at breast height (DBH), regardless of
height
Sapling /Shrub - Woody plants, excluding vines, less
than 3 in DBH and greater than or equal to 3 28 ft (1
m) tall
Herb - All herbaceous (non woody) plants regardless
of size, and woody plants less than 3 28 ft tall
Woody vine - All woody vines greater than 3 28 It in
Hydrophytic
Vegetation
Present? Yes No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0

SOIL Sampling Point 41
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators)
Depth Matrix Redox Features
inches Color (moist) % Color (moist) % Type Loc Texture Remarks
'Type C= Concentration, D= Depletion, RM= Reduced
Hydnc Soil Indicators
Histosol (Al)
_ Hrstic Epipedon (A2)
_ Black Histic (A3)
_ Hydrogen Sulfide (A4)
Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
_ Thick Dark Surface (Al2)
_ Sandy Mucky Mineral (S1) (LRR N,
MLRA 147, 148)
_ Sandy Gleyed Matrix (S4)
_ Sandy Redox (S5)
_ Stripped Matrix (S6)
Restrictive Layer (if observed)
Type
Depth (inches)
Remarks
_ Dark Surface (S7)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ Thin Dark Surface (S9) (MLRA 147, 148)
_ Loamy Gleyed Matrix (F2)
X Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 136, 122)
_ Piedmont Floodplarn Soils (F19) (MLRA 148)
_ Red Parent Material (1721) (MLRA 127, 147)
on PL =Pore Lrninq, M =Matrix
Indicators for Problematic Hydrrc Soi
2 cm Muck (A10) (MLRA 147)
_ Coast Prairie Redox (A16)
(MLRA 147, 148)
_ Piedmont Floodplain Sods (F19)
(MLRA 136, 147)
_ Very Shallow Dark Surface (TF12)
_ Other (Explain in Remarks)
'Indicators of hydrophytic vegetation and
wetland hydrology must be present
unless disturbed or problematic
Hydnc Soil Present? Yes K No
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2 0

WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region
Project /Site �� �t l 1 A -4 .�� CZ M U C /City /County llr A ! 10106-41 Sampling Date
Applicant/Owner r ( M L,i State Sam lin 1��0
P g Point
Investigator(s) S Section, Township Range
Landform (hillslope, terrace etc) 1..: S J �_ Local relief (concave, convex, none) Cow y`2?a Slope ( %)
Subregion (LRR or MLRA) G R Lai 3 S Z 48 70'L Long 2 Datum -J A 3
Sod Map Unit Name c., W e. NWI classification
Are climatic / hydrologic conditions on the site typical for this time of year? Yes � No (If no, explain in Remarks) 1t
Are Vegetation ltcd Sod rJ or Hydrology 'i significantly disturbed? Are "Normal Circumstances present? Yes i\ No
Are Vegetation _ ) , Sod rJ , or Hydrology IJ naturally problematic? (If needed explain any answers in Remarks }
SUMMARY OF FINDINGS - Attach site map showing sampling point locations, transects, important features, etc.
Hydrophyhc Vegetation Present? Yes No
Is the Sampled Area
Hydrr. Sod PresenC7 Yes No within a Wetland-A Yes No
Wetland Hydrology Present? Yes No
Remarks
HYDROLOGY
Wetland Hydrology Indicators
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required, check all that apply)
_ Surface Sod Cracks (136)
_ Surface Water (Al)
_ True Aquatic Plants (B14)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2)
_ Hydrogen Sulfide Odor (C1)
_ Drainage Patterns (1310)
_ Saturation (A3)
_ Oxidized Rhizospheres on Living Roots (C3)
_ Moss Trim Lines (B16)
_ Water Marks (131)
_ Presence of Reduced Iron (C4)
_ Dry Season Water Table (C2)
_ Sediment Deposits (B2)
_ Recent Iron Reduction in Tilled Sods (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (B3)
_ Thin Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_ Algal Mat or Crust (134)
_ Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
_ Iron Deposits (85)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery
(B7)
_ Shallow Aquitard (D3)
_ Water Stained Leaves (139)
_ Microtopographic Relief (D4)
_ Aquatic Fauna (B13)
_ FAC Neutral Test (D5)
Field Observations
Surface Water Present) Yes
No Depth (inches)
Water Table Present? Yes
No k Depth (inches)
L
Saturation Present? Yes
No x Depth (inches)
Wetland Hydrology Present? Yes No
includes capillary fringe)
Describe Recorded Data (stream gauge, monitorinq well, aerial photos, previous inspections), if available
Remarks
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0

VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point
Absolute Dominant Indicator Dominance Test worksheet
Tree Stratum (Plot size
-sot
)
% Cover Species? Status
Number of Dominant Species
y
1 trZv� �G.•S �/L`v (-: n �.
\ u Pt.
—�
That Are OBL, FACW or FAC (A)
2 (3k.vt,C -- 5�t \�o.
v t�
Total Number of Dominant
3
_X
Species Across All Strata (B)
4
Percent of Dominant Species
5
That Are OBL, FACW or FAC (A /B)
6
Prevalence Index worksheet
7
3 t) = Total Cover
Total % Cover of Multioiv by
_
50% of total cover \ 5
20% of total cover (P
OBL species x 1 =
Saplinq /Shrub Stratum (Plot size 1S )
FACW species x 2 =
1 o
FAC species x 3 =
2
FACU species x 4 =
3
UPL species x 5 =
4
Column Totals (A) (B)
5
Prevalence Index = B/A =
6
Hydrophytic Vegetation Indicators
7
_ 1 -Rapid Test for Hydrophytic Vegetation
8
_ 2 - Dominance Test is >50% ,
9
_ 3 - Prevalence Index is s3 0'
= Totdl Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover
20% of total cover
—
i
Herb Stratum (Plot size
data in Remarks or on a separate sheet)
&0
t�tJ x
,
Problematic Hydrophytic Vegetation (Explain)
o . � •� � inw cea
i
2 So \'da(a t •.�.t..dci.�S :5
Cv
Indicators of hydnc sod and wetland hydrology must
3
be present, unless disturbed or problematic
4
Definitions of Four Vegetation Strata
5
6
Tree - Woody plants excluding vines 3 in (7 6 cm) or
more in diameter at breast height (DBH), regardless of
7
height
8
Sapling/Shrub -Woody plants, exriudmg vines, less
9
than 3 in DBH and greater than or equal to 3 28 It (1
10
m) tall
11
Herb - All herbaceous (non woody) plants, regardless
100 = Total Cover
of size, and woody plants less than 3 28 ft tali
50% of total cover 50
20% of total cover _�C
Woody vine -All woody vines greater than 3 28 it in
Woody Vine Stratum (Plot size )
height
1 -) o A0
2
3
4
Hydrophytic
5
Vegetation
= Total Cover
Present? Yes _ No
50% of total cover
20% of total cover
Remarks (Include photo numbers here or on a separate sheet )
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0

SOIL
Sampling Point
Profile Description (Describe to the depth needed to document the indicator or confirm the absence of indicators)
Depth Matrix Redox Features
inches Color moist % Color (rnoist) % Type' Loc Texture Remarks
0-/A /o 9 f
ncentration. D= Depletion RM= Reduced
Hydnc Sod Indicators
_ Histosoi (Al)
Histic Epipedon (A2)
_ Black Histic (A3)
_ Hydrogen Sulfide (A4)
_ Stratified Layers (A5)
_ 2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
_ Thick Dark Surface (Al2)
_ Sandy Mucky Mineral (S1) (LRR N,
MLRA 147, 148)
_ Sandy Gleyed Matrix (S4)
_ Sandy Redox (S5)
_ Stripped Matrix (S6)
Restrictive Layer (if observed)
Type
Depth (inches)
2Location PL =Pore Lining M =Matrix
Indicators for Problematic Hydric Sc
_ Dark Surface (S7)
_ 2 cm Muck (A10) (MLRA 147)
_ Polyvalue Below Surface (S8) (MLRA 147, 146)
_ Coast Prairie Redox (A16)
Thin Dark Surface (S9) (MLRA 147, 148)
(MLRA 147,14B)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Sods (F19)
_ Depleted Matrix (0)
(MLRA 136, 147)
_ Redox Dark Surface (F6)
_ Very Shallow Dark Surface (TF12)
_ Depleted Dark Surface (F7)
_ Other (Explain in Remarks)
_ Redox Depressions (F8)
_ Iron Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbnc Surface (1713) (MLRA 136, 122) ;indicators of hydrophytic vegetation and
Piedmont Floodpiain Soils (F19) (MLRA 148) wetland hydrology must be present
_ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic
Hydnc Soil Present'? Yes Noff—
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0

APPROVED JURISDICTIONAL DETERMINATION FORM
U S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section iV of the JD Form Instructional Guidebook
SECTION 1. BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD).
B DISTRICT OFFICE, FiLE NAME, AND NUMBER-
C. PROJECT LOCATION AND BACKGROUND INFORMATION
State NC County/parish /borough Henderson City Flat Rock
Center coordinates of site (lat/long in degree decimal fortnat) Lat 35 268967 ° N, Long 82 4114760 W
Universal Transverse Mercator
Name of nearest waterbody Bat Fork of Mud Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows French Broad River
Name of watershed or Hydrologic Unit Code (HUC) 060101050301
® Check if map /diagram of review area and/or potential jurisdictional areas is /are available upon request
❑ Check it other sites (e g , oftsite mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a
different JD form
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY)
❑ Office (Desk) Determination Date
® Field Determination Date(s) 8/26/2014
SECTION II• SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
There 'Are no "navigable waters of the U S " within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
❑ Waters subject to the ebb and flow of the tide
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce
Explain
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the US" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S
a. Indicate presence of waters of U S in review area (check all that apply). i
TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
❑ Non -RPWs that flow directly or indirectly into TNWs
® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. identify (estimate) size of waters of the U.S. in the review area.
Non- wetland waters linear feet width (ft) and/or acres
Wetlands 0 48 acres
c. Limits (boundaries) of jurisdiction based on Pick List
Elevation of established OHWM (if known)
2. Non - regulated waters /wetlands (check if applicable) .3
❑ Potentially Jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional
Explain
i Boxes checked below shall be supported by completing the appropriate sections in Section III below
'` For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally"
(e g , typically 3 months)
3 Cnnnnrtinv tinrnmentation is nre,ented in Certinn III F

SECTION III CWA ANALYSIS
A TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW, complete
Section iii A 1 and Section iII.D.1 only, if the aquatic resource is a wetland adjacent to a TNW, complete Sections M A 1 and 2
and Section HI.D.1., otherwise, see Section HLB below
1. TNW
identify TNW
Summarize rationale supporting determination
2 Wetland adjacent to TNW
Summanze rationale supporting conclusion that wetland is "adjacent"
B CHARACTERISTICS OF TRIBUTARY (THAT iS NOT A TNW) AND iTS ADJACENT WETLANDS (iF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, slap to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III DA
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law
If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. if the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both If the JD covers a tributary with adjacent wetlands, complete Section iiI B 1 for
the tributary, Section iii B.2 for any onsite wetlands, and Section iii.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section iIi.0 below
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(i) General Area Conditions
Watershed size Pick List
Drainage area Pick List
Average annual rainfall inches
Average annual snowtall inches
(n) Physical Characteristics:
(a) Relationship with TNW
❑ Tnbutary flows directly into TNW
❑ Tributary flows through Pick List tnbutaries before entering TNW
Project waters are Pick List river miles from TNW
Project waters are Pick List river miles from RPW
Project waters are Pick List aerial (straight) miles from TNW
Project waters are Pick List aerial (straight) tmles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNW5
Tnbutary stream oider, if known
"Note that the instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West
5 Flow route can be described by identifying, e g, tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW

(b) General Tnbutary Characteristics (check all that apply)
Tributary is ❑ Natural
❑ Artificial (man -made) Explain
❑ Manipulated (man- altered) Explain
Tributary properties with respect to top of bank (estimate)
Average width feet
Average depth feet
Average side slopes Plck List
Primary tnbutary substrate composition (check all that apply)
❑ Slits ❑ Sands
❑ Cobbles ❑ Gravel
❑ Bedrock ❑ Vegetation Type /% cover
❑ Other Explain
❑ Concrete
❑ Muck
Tributary condition /stability [e g, highly eroding, sloughing banks] Explain
Presence of run/nffle /pool complexes Explain
Tributary geometry Pick List
Tiibutary giadient (appioximate average slope) %
(c) Flow _
Tributary provides for Pick _ List
Estimate average number of flow events in review area/year Pick Lisf
Describe flow regime
Other information on duration and volume
Surface flow is Pick List Characteristics
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
Tributary has (check all that apply)
❑ Bed and banks
❑ OHWM6 (check all indicators that apply)
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list)
❑ Discontinuous OHWM 7 Explain
If factors other than the OHWM were used to determ
❑ High Tide Line indicated by ❑
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings /characteristics
❑ tidal gauges
❑ other (list)
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
me lateral extent of CWA jurisdiction (check all that apply)
Mean High Water Mark indicated by
❑ survey to available datum,
❑ physical markings,
❑ vegetation lines /changes in vegetation types
(in) Chemical Characteristics
Characterize tributary (e g, water color is clear, discolored, oily film water quality, general watershed characteristics etc )
Explain
identify specific pollutants, if known
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g, where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e g, flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break
'[bid

(iv) Biological Characteristics Channel supports (check all that apply)
❑ Riparaan conidor Characteristics (type, average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW
(i) Physical Characteristics-
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Project wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non -TNW
Flow is Pick List Explain
Surface flow is- Pick_List
Characteristics
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
(c) Wetland Adjacency Determination with Non -TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by berm/bamer Explain
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW
Project waters are Pick List aerial (straight) miles from TNW
Flow is from Pick List.
Estimate approximate location of wetland as within the Pick List floodplam
(n) Chemical Characteristics.
Characterize wetland system (e g , water color is clear, brown, oil film on surface, water quality, general watershed
characteristics, etc ) Explain
identify specific pollutants, if known
(iii) Biological Characteristics Wetland supports (check all that apply):
❑ Riparian buffer Characteristics (type, average width)
❑ Vegetation type /percent covei Explain
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally - sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
3. Charactenstics of all wetlands adjacent to the tnbutary (if any) ^
All wetland(s) being considered in the cumulative analysis Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis

For each wetland, specify the following
Directly abuts9 (Y/N) Size (in acres) Directly abuts9 (Y/N) Size (in acres)
Summanze overall biological, chemical and physical functions being performed
C SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysts will assess the flow characteristics and functions of the tnbutary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a stgmficant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tnbutary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands it is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW9
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note. the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section IIi D
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III D
3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IIi D
D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
❑ TNWs linear feet width (ft), Or, acres
❑ Wetlands adjacent to TNWs acres
RPWs that flow directly or indirectly into TNWs
® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional Provide data and rationale indicating that
tributary is perennial There is anecdotal evidence of standing water year round Additionally, hydrophilic plants that prefer
year round saturation and standing water, including bunched arrowhead (Sagittana fasciculata) and Cattails (Typha spp ) are
present
El Tributaries of TNW where tnbutanes have continuous flow "seasonally" (e g , typically three months each year) are
jurisdictional Data supporting this conclusion is provided at Section TIT B Provide rationale indicating that tnbutary flows
seasonally

Provide estimates for jurisdictional waters in the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
❑ Other non - wetland waters acres
identify type(s) of waters
3. Non -RPWss that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional Data supporting this conclusion is piovided at Section III C
Provide estimates for junsdictional waters within the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
❑ Other non - wetland waters acres
identify type(s) of waters
4 Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
® Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
® Wetlands directly abutting an RPW where tributaries typically flow year -round Provide data and rationale
indicating that tributary is perennial in Section iii D 2, above Provide rationale indicating that wetland is
directly abutting an RPW Wetland is abutting the tributary's top of bank
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary is
seasonal in Section iIT B and rationale in Section iii D 2, above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for jurisdictional wetlands in the review area acres
5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional Data supporting this
conclusion is provided at Section III C
Provide acreage estimates for junsdictional wetlands in the review area acres
6 Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional Data supporting this
conclusion is provided at Section iIi C
Provide estimates for jurisdictional wetlands in the review area acres
7 impoundments of jurisdictional waters 9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional
❑ Demonstrate that impoundment was created from "waters of the U S ," or
❑ Demonsti ate that water meets the criteria for one of the categories presented above (1 -6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below)
E ISOLATED [INTERSTATE OR iNTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY).10
❑ which are or could be used by mtei state or foreign travelers for recreational or other purposes
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce
❑ which are or could be used for industrial purposes by industries in interstate commerce
❑ Interstate isolated waters Explain
❑ Other factors Explain
'See Footnote # 3
9 To complete the analysis refer to the key in Section iii D 6 of the instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurtvdiction Following Rapanov

Identify water body and summarize rationale supporting determination
Provide estimates for Jurisdictional waters in the review area (check all that apply)
❑ Tributary waters linear feet width (ft)
❑ Other non - wetland waters acres
Identify type(s) of waters
❑ Wetlands acres
F NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY)-
❑ if potential wetlands were assessed within the review area, these areas did not meet the critena in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce
❑ Pnor to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR)
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for Jurisdiction Explain
❑ Other (explain, if not covered above)
Provide acreage estimates for non - jurisdictional waters in the review area, where the sole potential basis of Jurisdiction is the MBR
factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
Judgment (check all that apply)
Q Non - wetland waters (i e , rivers, streams) linear feet width (ft)
❑ Lakes /ponds acres
❑ Other non- wetland waters acres List type of aquatic iesouice
❑ Wetlands acres
Provide acreage estimates for non - Jurisdictional waters to the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for Jurisdiction (check all that apply)
❑ Non - wetland waters (i e , rivers, streams) linear feet, width (ft)
❑ Lakes /ponds acres
❑ Other non - wetland waters acres List type of aquatic resource
❑ Wetlands acres
SECTION IV- DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below)
❑ Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant
❑ Data sheets prepared /submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
❑ 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
❑ USDA Natural Resources Conservation Service Soil Survey Citation
❑ National wetlands inventory map(s) Cite name
❑ State/Local wetland inventory map(s)
❑ FEMA/FIRM maps
❑ 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929)
❑ Photographs ❑ Aerial (Name & Date)
or ❑ Other (Name & Date)
❑ Previous determmation(s) File no and date of response letter
❑ Applicable /supporting case law
❑ Applicable /supporting scientific literature
❑ Other information (please specify)
B. ADDITIONAL COMMENTS TO SUPPORT JD:

/VA
January, 1999 Instructions for Intra- Service Section 7 Form - Region 4
REGION 4
INTRA- SERVICE SEC'T'ION 7 BIOLOGICAL EVALUATION FORM
Originating Person: Anita Goetz, Asheville Ecological Services Field Office
Telephone Number: 828 - 258 -3939 ext. 228 E -Mail: _anita goetzAfws.gov
Date: 12/16/2014
PROJECT NAME (Grant'Title /Number): Southern Appalachian Bog Management, Carolina
Mountain Land Conservancy, Hyder Pasture Site Cooperative Agreement Number
Fl 1AC01255(PFW)
I. Service Program:
_X_ Ecological Services
_ Federal Aid
_ Clean Vessel Act
_ Coastal Wetlands
_ Endangered Species Section 6
Partners for Fish and Wildlife
Sport Fish Restoration
_ Wildlife Restoration
_ Fisheries
Refuges /Wildlife
/1I. State /Agency: NC/USFWS
III. Station Name: Asheville Field Office
IV. Description of Proposed Action (attach additional pages as needed):
Hyder pasture, which contains remnants of a southern Appalachian mountain bog, is a 7 -acre site
in East Flat Rock, NC Portions of Hyder Pasture have been designated a natural heritage area
(NHA, formerly Significant NHA or SNHA) by the NC Natural Heritage Program. Hyder
Pasture was recently purchased by the Carolina Mountain Land Conservancy (CMLC), with
funding assistance from U S Fish and Wildlife Service, due to the presence at the site of an
extant occurrence of the federally endangered bunched arrowhead (Sagattaraa fasciculata)
CMLC has received Partners for Fish and Wildlife funding to restore and manage Hyder pasture
for the benefit of this species. CMLC has also received funding from the North Carolina Clean
Water Management Trust fund to restore wetlands at this site. The project is part of an ongoing
conservation and management project in the western North Carolina targeting rare southern
Appalachian mountain bogs and fens Hyder Pasture is 0 6 miles from the Butt Conservation
Partnership Area of the authorized Mountain Bogs National Wildlife Refuge, and has been
proposed through a minor expansion to become a part of that refuge
The initial restoration and management phase of the project focused on the control of invasive
exotic plants at the site pi for to this planned ground disturbance, including multiflora rose,

January. 1999 Instructions for Intra- Service Section 7 Form - Region 4
Japanese honeysuckle, privet, Japanese knotweed, Chinese silvergrass, and others. Work
occurred over the entice property, with the majority being in upland areas (fields and woodlands)
wherever invasive plants were encountered, for several seasons.
The overarching goal of this phase of the project is to create suitable habitat for bunched
arrowhead and other wetland species at this site through the restoration of wetlands /bog habitat
that has been ditched and drained, and covered with soil In addition, the intent of the project is
to also create habitat for this species not directly adjacent to the rail line. In the past, herbicide
application by the railroad has resulted in mortality of bunched arrowhead rosettes.
A design was prepared by Wolf Creek Engineering which will optimize to the maximum extent
possible habitat for bunched arrowhead (see attached plans) The design includes the excavation
of dirt covering hydric soils, the creation of a small berm parallel to the existing railroad tract
ditch, the treatment of stormwater (through construction of a sediment trap and rain garden) prior
to entering the restored wetland area, the filling of several ditches within the newly restored
wetland treatment areas, the creation of a slough and several swales to hold water during periods
of drought, and the removal of abandoned infrastructure (several buildings and a utility line)
The colony of bunched arrowhead occupying the ditch parallel to the rail line will be preserved
and not directly impacted by the construction Large machinery will be used to uncover wetland
soils, move dirt to an upland area of the tract, and create stormwater treatment areas and swales.
The total area to be disturbed and restored, which will include a mosaic of wetlands, swales, and
upland areas, is 2.85 acres
The wetland area will be planted with rosettes of bunched arrowhead obtained and propagated
from the rail line ditch during 2011 by the Chapel Hill Botanical Garden Staff from the
Asheville Field Office will coordinate with the Botanical Garden related to this future effort.
V. Pertinent Species and Habitat:
A. Include species /habitat occurrence map: See attached map of project area
B. uomplete the ionowma table:
SPECIES /CRITICAL, HABITAT I STATUS'
Bunched Arrowhead/ Sagittaria fasciculata I E
ATUS F.= endangered_ T--threatened- PF.= nronnsed endangered_ PT= nronnsed threatened_ Cl-[=critical habitat
PCH= proposed critical habitat, C= candidate species
VI. Location (attach map):
A. Ecoregion Number and Name: 66 Southern Blue Ridge EcoRegion
B. County and State: Henderson County, North Carolina
C. Section, township, and range (or latitude and longitude): See attached map.
Multiple areas within site
2

January 1999 Instructions for Intra- Service Section 7 Form - Region 4
D. Distance (miles) and direction to nearest town: The site is at the intersection of
Roper Road and HWY 176 in East Flat Rock, NC.
E. Species /habitat occurrence: Bunched arrowhead is growing in portions of a
ditch that is parallel to the rail line and the lower portion of a ditch that is
perpendicular to and that flows into the rail line ditch
VII. Determination of/Effects:
A. Explanation of effects of the action on species and critical habitats in item V. B
(attach additional pages as needed):
Discuss either the effects of the action on each listed, proposed, or candidate species and critical habitat in
SPECIES/
CRITICAL.. HABITAT
IMPACTS TO SPECIES /CRITICAL., HABITAT
Bunched Arrowhead/
Based on our current knowledge of species locations, mechanical
Sagittaria fasciculala
equipment and humans have the potential to directly harm or kill
this species through trampling, crushing, and unintended
excavation and disposal to non - wetland areas The plant locations
will have been documented and flagged prior to beginning work,
so extreme care will be taken to avoid any impacts from
restoration activities USFWS staff will meet with contractor
hired to perform work to review rare plant locations and
conservation measures needed to avoid impacts to care species
during management actions
This project will restore to the maximum extent possible suitable
habitat for bunched arrowhead, which will help ensure the
survival of the existing colony Herbicide drift resulting from the
railroad controlling plants on its line have heavily impacted in the
past bunched arrowhead rosettes growing within the rail line ditch
This project will help to protect the colony (through expansion
into areas away from the rail line and not likely to receive
stormwater containing herbicides) Suitable and protected habitat
for the colony of bunched arrowhead is expected to increase by up
to I acre Therefore, the direct effects of this action to this listed
species are believed to be discountable, and the long term and
cumulative effects of this action will be beneficial. This piolect
will aid in the recovery of bunched arrowhead The site is
currently owned by the Carolina Mountain Land Conservancy
(CMLC), and is permanently protected from development
CMLC hopes to in the futuie transfer the site provided a minor
expansion is approved to USFWS to become a part of the
Mountain Bogs National Wildlife Refuge
3

January, 1999 Instructions for Intra- Service Section 7 Form - Region 4
the action area, or why those species or critical habitats will not be affected For species or critical habitats
affected by the proposed action, piovide the following information
Impacts of the proposed action on species and /or critical habitat, including direct, indirect, interdependent,
interrelated, and cumulative impacts (Quantification of effects - acres of habitat, miles of habitat, number
of individuals, etc
B. Explanation of actions to be implemented to reduce adverse effects:
Project modification ideas may be found in recovery plans Although section 7 of Act prohibits only those
actions by Federal agencies which are likely tojeopardize listed species or adversely modify critical
habitat, the Service has a commitment to recovering listed species and trying to prevent the need to list
additional species
SPECIES/
CRITICAL HABITAT
ACTIONS TO MITIGATEIMINIMIZE IMPACTS
Bunched Arrowhead/
The following are conservation measures to be employed prior to
Sagittaria fasciculata
and during the restoration to protect the existing colony of
bunched arrowhead growing the rail line ditch and a feeder ditch,
and to reduce the potential for nonnative invasive plants to be
spread into occupied habitat and restored wetland areas.
1 Areas containing occupied habitat for bunched
arrowhead will be flagged and isolated from construction
impacts. If any plants are found to occur within
construction areas, staff from USFWS will relocate the
rosettes to the rail line ditch area that will be protected
from construction impacts
2 Soils within the area of the site containing Japanese
knotweed will be excavated, double bagged, and disposed
of in a suitable disposal site agreed upon by the
landowner and project stakeholders
3 Staff from USFWS will meet with the construction
contractor prior to beginning work to review these
conservation measures Staff from USFWS will monitor
construction progress at the site during project
implementation
4 All equipment will be cleaned of mud and seeds /plant
materials prior to entering site to limit the potential for
spreading nonnative invasive plants.
5 All mechanized equipment will be free of leaks of
hydraulic fluids, oil, fuels, lubricants, and other toxic
materials upon entering the site, and shall be inspected
regularly and maintained to prevent contamination of
surface waters and wetlands for leaks of these substances.
6. A contingency plan should be developed for the use of all
rd

January, 1999 Instructions for Intra- Service Section 7 Form - Region 4
SPECIES/
CRITICAL. HABITAT
ACTIONS TO MITIGATE /MINIMIZE IMPACTS
hazardous materials, including spill containment, clean
up, and notification of the appropriate regulatory agencies
and water purveyors in the event of a problem. Spill kits,
sorbents, and containers for disposal should be retained
on the site.
7 Clearing and grubbing shall be limited to that which is
necessary for construction of the wetlands, sloughs, and
swales.
8. A stockpile area for storing materials will be pre -
approved and identified prior to work beginning to ensure
protection of the colony of bunched arrowhead
9 All seed used for erosion and sediment control will be
native species adapted to site conditions An annual
cover crop will be broadcast in wetland areas to reduce
the potential for colonization of the disturbed areas by
nonnative invasive plants The cover crop shall consist of
either rye grain (Secale cereale) applied at a rate of 25
lbs /acre, or wheat (Triticum aestivum) applied at 30
lbs /acre Within areas containing wetland soils, no
permanent seeding will occur because the area will be
planted with rosettes of bunched arrowhead propagated
from Hyder Pasture source materials and held at the
Chapel Hill Botanical Garden.
10 When moving overburden excavated from wetland
restoration areas, one track will be established to and
from the wetland areas to the dump truck used to move
the overburden to the disposal area Equipment used to
spread the overburden (dozer or other), will not access
any other portion of the site (especially the newly restored
areas), except for the ingress /egress route.
11 The contractor will dispose of existing infrastructure
(structures, utility lines) in a suitable disposal site agreed
upon by the landowner and project stakeholders, and
outside the active channel or floodplain of any stream

January, 1999 instructions for Intra - Service Section 7 Form - Region 4
Viii. Effect Determination and Response Requested:
SPECIES/
CRITICAL HABITAT
DETERMINATION
RESPONSE'
REQUESTED
NE
I NA
I AA
Bunched Arrowhead/ Sagittarta
IX
I
Concurrence
fasciculata
DETERMINATION/ RESPONSE REQUESTED
NE = no effect This determination is appropriate when the proposed action will not directly, indirectly, or cumulatively impact, either
positively or negatively, any listed, proposed, candidate species or designated /proposed critical habitat Response Requested is
optional but a AConcurrence=_ is recommended for a complete,Admmistrativc Record
NA = not likely to adversely attect I his determination is appropriate when the proposed action is not likely to adversely impact any
listed, proposed, candidate species or designated /proposed critical habitat or there may be beneficial effects to these resources
Response Requested is a=_Concurrencc=
AA = likely to adversely affect This determination is appropriate when the proposed action is likely to adversely impact any listed,
proposed, candidate species of designated /proposed critical habitat Response Requested for listed species is AFormal Consultation=
Response requested for proposed and candidate species is AConference=
Enter the Species, the Determination, and the Response Requested.
No effect /no adverse modification For listed, proposed, of candidate species This conclusion is
reached if the proposed action and its interrelated and interdependent actions will not directly or indirectly
affect listed species or destroy /adversely modify designated critical habitat Response Requested action
would be the optional written concurrence is encouraged to facilitate a complete administrative record
May Affect, but is not likely to adversely affect species /adversely modify critical habitat This
conclusion is appropriate when effects to the species or critical habitat ate expected to be beneficial,
discountable, or insignificant Beneficial effects are contemporaneous positive effects without any adverse
effects to the species or habitat insignificant effects relate to the size of the impact (and should never
reach the scale where take occurs), while discountable effects are those that are extremely unlikely to
occur Based on bestjudgment, a person would not (1) be able to meaningfully measure, detect, or
evaluate insignificant effects, or (2) expect discountable effects to occur If the Ecological Services Office
concurs in writing with the Project Leader's determination of "is not likely to adversely affect" listed
species or ci itical habitat, the intra- Service section 7 consultation process is completed
Mav affect, and is likely to adversely affect species /adversely modify critical habitat This conclusion
is reached if any adverse effect to listed species or critical habitat may occur as a direct or indirect result of
the proposed Service action or its interrelated or interdependent actions, and the effect is not discountable
or insignificant (see definition of "is not likely to adversely affect" in the event the overall effect of the
proposed action is beneficial to the listed species or critical habitat, but may also cause some adverse effect
on individuals of the listed species or segments of the critical habitat, then the determination should be "is
likely to adversely affect " Such a determination requires formal section 7 consultation
Example A refuge proposes prescribed burning for a prairie remnant to improve the habitat for
the endangered Karner blue butterfly The burn will substantially improve the habitat for the
species and promote its recovery in subsequent years However, individual Karner blue butterfly
eggs and larvae will be killed "during the burn Fvcn though the net effect of the burn will be -
highly beneficial to the listed species, the burn must be considered to have an adverse effect A
finding of "is likely to adversely affect" is necessary
0

,January, 1999
Instructions for Intra- Service Section 7 Form - Region 4
Is likely to ieopardJze proposed species /adversely modify proposed critical habitat For proposed
species and proposed critical habitats, the Service is required to evaluate whether the proposed Service
action is likely to jeopardize the continued existence of the proposed species or adversely modify an area
proposed for designation as critical habitat If this conclusion is reached, a section 7 conference is required
If this conclusion is reached, intra- Service conference is required
Is likely to Jeopardize candidate species For candidate species, the Service is required to evaluate
whether the proposed Service action is likely to jeopardize the continued existence of the candidate species
If this conclusion is reached, mtra- Service section 7 conference is required
signature (originatingw station)
title
�, 1
da e
IX. Reviewing Ecological Services Office Evaluation:
A. Concurrence '-/ Nonconcurrence
B. Formal consultation required
C. Conference required
D. Informal conference required
E. Remarks (attach additional pages as needed):
title
7
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North Carolina Department of Cultural Resources
State Historic Preservation Office
Ramona M Bartos, Admimstrator
Gw,emor Pat McCrory
Secretary Susan Kluttz
January 16, 2015
Anita Goetz
US Fish and Wildlife Service
160 Zilhcoa Street
Asheville, NC 28801
Office of Archives and History
Depuri Secretary Kevin Chem
Re Bog Restoration, Intersection of Roper Road & Highway 176, East Flat Rock, Henderson County,
ER 14 -2781
Dear Ms Goetz
Thank you for your email of December 19, 2014, concerning the above project
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project Therefore, we have no comment on the project as proposed
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR
Part 800
Thank you for your cooperation and consideration If you have questions concerning the above comment,
contact Renee Gledhill- Earley, environmental review coordinator, at 919- 807 -6579 or
environmental reviewng,ncdcr gov In all future communication concerning this project, please cite the above
referenced tracking number
Sincerely,
604(Ramona M Bartos
Location 109 East Jones Street, Raleigh NC 27601 Mailing Address 4617 biad Service Center, Raleigh NC 27699 -4617 Telephone /Fax (919) 807 - 6570/807 -6599

update tax listing 1015870
BOOK 1530 PAGE 686 (3)
782395
This document presented and filed
04/18/2013 04 29 49 PM
`t I`
L
NEDRA W MOLES Henderson COUNTY NC
Transfer Tax $53 00
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax $53 00
Parcel Identifier No Portion of 0106335 Venfined by County on the _ day of , 20
By
MaiUBox to Hogan A Brewer. PLLC - 229 North Mau► Street. Hendersonville. NC 28792 — File No 13 -3815
This instrument was prepared by Shem L Brewer
Brief description for the Index Parcel A — Plat Slide 8906 — 143 acres off Roper Road
THIS DEED made this t t _ day of Aon I, 20il, by and between
GRANTOR
JOHN D. BELL and wife,
VICKI G. BELL
658 East Sunset Drive
Hendersonville, NC 28791
GRANTEE
CAROLINA MOUNTAIN LAND CONSERVANCY
- A North Carolina NonProfit Corporation -
847 Case Street
Hendersonville, NC 28792
Enter in appropriate block for each Grantor and Grantee name, mailing address, and, if appropriate, character of entity, e g
corporation or partnership
The designation Grantor and Grantee as used herem shall include said parties, their hens, successors, and assigns, and shall include
singular, plural, masculine, femnnne or neuter as required by context
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt ofwluch is hereby acknowledged, has and
by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the
Henderson County, North Carolina and more particularly descnbed as follows
SEE ATTACHED EXHIBIT A.
The property heremabove described was acquired by Grantor by mstrument recorded in Book 1321 page 114
All or a portion of the property herem conveyed _ includes or X does not include the primary residence of a Grantor
A map showing the above described property is recorded in Plat Slide 8906
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple
NC BarAssmisban Form No 30 1976, Rc sed ®1 /1/2010
Pnnted by Agreement with the NC Bar Association

Book 1530
Page 687
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee supple, has the right to convey the same in fee
simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the
lawful chums of all persons whomsoever, other than the following exceptions
Subject to Henderson County ad valorem taxes.
Subject to Restrictions, Easements, and Rights of Way of Record
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written
DPI ��1 CGS— (SEAL)
(entity name) JOHN D BELL
By
Print Name and Title
By
Title
By
Title
L 6
�OTgq� �9s
;tips AV8Orl
Cl C lkA, L (SEAL
VICKI G BBU-
(SEAL)
(SEAL)
State of NORTH CAROLINA - County of Ue ale r_ron
I, the undersigned Notary Public of the County and State aforesaid, certify that VICKI
BELL personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed Witness my hand and Notarial
stamp or seal this 1 ff'r day of April, 2013
�' D oti
222N CO .0 %% ` My Commiss on xpires h e re, L rt wor NotaryPubhc
(Affix Seal) Notary's Printed or Typed Name
STATE OF NORTH CAROLINA - COUNTY OF HENDERSON
1 L
B Fez':
�C3
�oTAgy F9..
-20
My Commission Expires
III l
1, L L wer ' a Notary Public for said County and State, do
hereby certify that VICKI G BELL, attorney in fact for JOHN D BELL, personally appeared
before me this day, and being by me duly sworn, says that he executed the foregoing and
annexed instrument for and in behalf of the said JOHN D BELL, and that his authority to
execute and acknowledge said instrument is contained in an instrument duly executed,
acknowledged and recorded in the Office of the Register of Deeds in the County of Henderson,
State of North Carolina on the It V. day of Anril, 2013, and that this instrument was executed
under and by virtue of the authority given by said instrument granting hum power of attorney
I do further certify that the said VICKI G BELL acknowledged the due execution of
the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the
said JOHN D. BELL e
Witness my hand and official seal, this the 1 g day of April, 2013
NC Bar Assoaattm Form No 3 ® 1976, Reared O 1/12010
Printed by Apm=t with the NC Bar Assocraticn
Aaa'."— t( 1J'1, > Notary Public

Book 1530
Page 688
EXHIBIT A
BEING all of Parcel A consisting of 143 acres +/- as shown on Plat Slide 8906 as recorded in the Office of
the Register of Deeds for Henderson County, North Carolina, reference to said plat being hereby made
for a more specific description

update tax listing 1015869
BOOK 1530 PAGE 689 (3)
111111111 111-
This document presented and filed
04/18/2013 04 34 32 PM
=rL�
NEDRA W MOLES, Henderson COUNTY, NC
Transfer Tax $208 00
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax WOR.On d&
Parcel Identifier No Portion of 0106335 Verified by County on the _ day of , 20
By
Mad/Box to Hogan & Brewer. PLLC - 229 North Main Street. Hendersonville. NC 28792 — File No 13 -3815
Thus instrument was prepared by Shem L Brewer
Brief description for the Index Parcel B — Plat Slide 8906 — 5 71 acres off Roper Road
THIS DEED made this I g day of A°rii. 2011, by and between
GRANTOR
JOHN D. BELL and wife,
VICKI G. BELL
658 East Sunset Drive
Hendersonvdie, NC 28791
GRANTEE
CAROLINA MOUNTAIN LAND CONSERVANCY
- A North Carolina NonProrit Corporation -
847 Case Street
Hendersonville, NC 28792
Enter in appropriate block for each Grantor and Grantee name, mailmg address, and, if appropriate, character of entity, e g
corporation or partnership
The designation Grantor and Grantee as used herem shall include said parties, their heirs, successors, and assigns, and shall include
smgular, plural, masculme, feminine or neuter as required by context.
W TTNESSETH, that the Grantor, fora valuable consideration paid by the Grantee, the receq)t of which is herebyacknowledged, has and
by these presents does grant, bargam, sell and convey unto the Grantee m fee simple, all that certain lot or parcel of land situated in the
Henderson County, North Carolina and more particularly described as follows
SEE ATTACHED EXHIBIT A.
The property heremabove described was acquued by Grantor by instrument recorded in Book 1321 page 114
All or a portion of the property hereon conveyed _ includes or X does not include the primary residence of a Grantor
A map showmg the above described property is recorded in Plat Slide 8906
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in
fee simple
NC Bar Associatim Fain No 30 1976, Revised © 1/12010
PnuW by Agreement with the NC Bar Associatim

Book 1530
Page 690
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee
simple, that tide is marketable and five and clear of all encumbrances, and that Grantor will warrant and defend the tale against the
lawful clauns of all persons whomsoever, other than the following exceptions
Subject to Henderson County ad valorem taxes.
Subject to Restrictions, Easements, and Rights of Way of Record
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written
Jaw -/) A-0-
(entity name)
By
Print Name and Title
By-
Title
By
Title
T N0 7,q
_m A
'''N COON
4rirrrrrr"
6 (�/dtL r, & f'bA SEAL
JOHN D BELL
C ), CLul,, S
VICKI G EfLL
State of NORTH CAROLINA - County of 1H
(SEAL)
1, the undersigned Notary Public of the County and State aforesaid, certify that VICKI G
BELL personally appeared before me this day and acknowledged the due execution of the
foregoing instrument for the purposes therein expressed Witness my hand and Notarial
stamp or seal this I g* day of Ai i, 20JI
Y
My Comm t Expues Sh e�. L No—Public
(Affix Seal) L I 1)y I ;1Q& Notary's Printed or Typed Name
STATE OF NORTH CAROLINA - COUNTY OF HENDERSON
`r,rrrrrrrr,
RI L e9F
'r N0T1 9� -:
=m A =
:o 08L {G
• tn,9s�-ix Sealy `'.;:
r..11 ,
My Commission Expires
ll (K Wly
I, S her,,. L _ erewe" , a Notary Public for said County and State, do
hereby certify that VICKI G BELL, attorney in fact for JOHN D BELL, personally appeared
before me this day, and being by me duly sworn, says that he executed the foregoing and
annexed instrument for and in behalf of the said JOHN D BELL, and that his authority to
execute and acknowledge said instrument is contained in an instrument duly executed,
acknowledged and recorded in the Office of the Register of Deeds in the County of Henderson,
State of North Carolina on the 19} day of Apnl, 2013, and that this instrument was executed
under and by virtue of the authority given by said instrument granting him power of attorney
I do further certify that the said VICKI G BELL acknowledged the due execution of
the foregoing and annexed instrument for the purposes therein expressed for and in behalf of the
said JOHN D. BELL e--
Witness my hand and official seal, this the 16 day of Ar L 20J3
NC Bar Associsum Form No 3 O 1976. Revised ®t /1 /2010
Pnnted by Agreement with the NC Bar Association
4. 'f'�` "i , Notary Public

Book 1530
Page 691
EXHIBIT A
BEING all of Parcel B consisting of 5 71 acres +/- as shown on Plat Slide 8906 as recorded in the Office of
the Register of Deeds for Henderson County, North Carolina, reference to said plat being hereby made
for a more specific description