20230643 Ver 1_Lakeshore Villas NWP 29 PJD IWQC Application 4.28.23_20230428

CLearWaLer
An EnviroScience Companyp
C1earWater Environmental Consultants,Inc.
www.cwenv.com
April 28, 2023
Mrs. Amanda Jones-Fuemmeler
US Army Corps of Engineers Mr. Paul Wojoski
Asheville Regulatory Field Office NC DWR, 401 Permitting & Buffer Unit
151 Patton Avenue, Room 208 512 N. Salisbury Street, 9th Floor
Asheville, North Carolina 28801 Raleigh, North Carolina 27604
RE: Lakeshore Villas (+/- 7.1 Ac)
Nationwide Permit 29, PJD, and Individual Water Quality Certification
Request
Buncombe County, North Carolina
Dear Mrs. Jones-Fuemmeler and Mr. Wojoski,
The attached Pre-Construction Notification (PCN) and Preliminary Jurisdictional Determination
(PJD) is being submitted on behalf of Mountain Housing Opportunities, Inc.; represented by
Adeline Wolfe. The project site is defined by Buncombe County parcel 965415130300000 and is
located at the southwest corner of the intersection of Heywood Road and NC-25 in Arden, North
Carolina (35.472315, -82.523465).
The applicant is seeking a Nationwide Permit 29, with corresponding Individual Water Quality
Certifications, for permanent wetland and stream impacts associated with residential
development.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Mr. Andrew Moore, NC Division of Water Resources (Asheville Office) and Mr. Byron
Hamstead, US Fish and Wildlife Service (Asheville Field Office).
Sincerely,
Tyson Kurtz, P.W.S.
Biologist
Copy issued:
NCDEQ Division of Water Resources Asheville Office—Andrew Moore
US Fish and Wildlife Service Asheville Field Office—Byron Hamstead
145 7t"Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW— -
1. Project Name: Lakeshore Villas
2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial 11
3. Project Description/ Purpose:
NWP 29, PJD, and individual 401 water quality certification request for a +/- 7.1 acre tract in Arden
proposed for residential development.
4. Property Owner/Applicant:
Mountain Housing Opportunities, Inc.; represented by: Adeline Wolfe
5. Agent/Consultant: ClearWater Environmental Consultants, an EnviroScience Company
6. Related Action ID Number(s): n/a
7. Project Location -Coordinates,Street Address, and/or Location Description:
The project site is located in SW intersection of Heywood Rd and NC-25 in Arden, North Carolina
(35.472315, -82.523465).
8. Project Location -Tax Parcel ID: 965415130300000
9. Project Location—County: Buncombe
10. Project Location—Nearest Municipality or Town : Arden
11. Project Information—Nearest Waterbody: Powell Creek (Lake Julian) - (C)
12. Watershed/8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑� Section 10&404
Regulatory Action Type:
❑ Standard Permit ❑ Pre-Application Request
✓ Nationwide Permit# 29 Unauthorized Activity
❑ Regional General Permit# 0 Compliance
✓❑ Jurisdictional Determination Request ❑ No Permit Required
Revised 20210513

CLearWaLer
An EnviroScience Company
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington,NC 28402-1890
-and-
NC DWR,Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh,North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally,I authorize representatives of the Wilmington District,US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: Mountain Housing Opportunities, INC.
Property Owner Address: 64 Clingman Ave. Suite 101
Asheville, NC 28801
Phone Number: 864.680.6587
Email address: [e-mail]
Property Location: 99999 Heywood Road Arden, NC
Owner/Managing partner Signature-
Owner/Managing
printed name: Adeline Wolfe
Date: 9/22/22
145 7th Avenue West, Suite B
Hendersonville,NC 28792
Phone: [phone]
www.cwenv.com

Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
965415130300000 MOUNTAIN HOUSING OPPORTUNITIES Total Appraised Value
99999 HEYWOOD RD INC $313,200
64 CLINGMAN AVE UNIT 101, ASHEVILLE,
NC, 28801
KEY INFORMATION
Zoning EMP Neighborhood HN31F
Land Use Code COMM VAC Municipality -
Fire District FSK Special District -
Present Use -
Appraisal Area Erik Simes [phone] [e-mail]
Exemption EXL
Legal Description Deed date: 2021-11-10 Deed: 6146-361 SubDiv: Block: Lot: 3 Section: Plat: 0214-0127
Plat Reference 214-127
ASSESSMENT DETAILS
Land Value $313,200
Building Value $0
Features $0
Total Appraised $313,200
Value
Deferred Value $0
Exempt Value $313,200
Total Taxable $0
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
EMPLOYMENT DIST. COMM VAC 7.08 acres HN3F $313,200 NO
RECENT PERMIT ACTIVITY
PERMIT DATE PERMIT TYPE PERMIT STATUS
No items to display
APPEALS
No recent appeal information
Data last updated: 04/20/2023

Tyson Kurtz
From: Tyson Kurtz
Sent: Thursday, October 13, 2022 8:48 AM
To: 401 [e-mail]
Subject: 401/Buffer Pre-filing Meeting Request
Please fill out the following information:
Project Name: Heywood Rd Mountain Housing
County: Buncombe
Applicant Name: Adeline Wolf
Applicant Email: [e-mail]
**Please note that multiple projects may be submitted within the same email by supplying all the above information for
each project.
***In the event your email is not allowing auto-responses, please save a copy of your sent email for your records and if
necessary use that copy in application/form submittal.
i

OF W A TE9
o� pG Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s)of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit(NWP) number: 29 or General Permit(GP) number:
1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No
1 d. Type(s)of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification—Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification—Express ❑ Riparian Buffer Authorization
1 e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit:
because written approval is not required? 401 Certification:
❑ Yes ❑X No ❑Yes ❑X No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank ❑ Yes ❑X No
or in-lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ❑ Yes ❑X No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No
2. Project Information
2a. Name of project: Lakeshore Villas
2b. County: Buncombe
2c. Nearest municipality/town: Arden
2d. Subdivision name: n/a
2e. NCDOT only,T.I.P. or state project no: n/a
3. Owner Information
3a. Name(s)on Recorded Deed: Mountain Housing Opportunities, Inc.
3b. Deed Book and Page No. 6146-361
3c. Responsible Party(for LLC if Adeline Wolfe
applicable):
3d. Street address: 64 Clingman Ave; Suite 101
3e. City, state, zip: Asheville, NC 28801
3f. Telephone no.: 864-680-6587
3g. Fax no.: n/a
3h. Email address: [e-mail]
Page 1 of 10
PCN Form —Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is: ❑X Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Tyson Kurtz
5b. Business name ClearWater Environmental Consultants, an EnviroScience Company
(if applicable):
5c. Street address: 145 7th Avenue W; Suite B
5d. City, state, zip: Hendersonville, NC 28792
5e. Telephone no.: 828-698-9800 ext 302
5f. Fax no.: n/a
5g. Email address: [e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 965415130300000
1 b. Site coordinates (in decimal degrees): Latitude: 35.472315 Longitude: -82.523465
1 c. Property size: 7.1 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project: Powell Creek(Lake Julian)
2b. Water Quality Classification of nearest receiving water: C
2c. River basin: French Broad /06010105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site is an undeveloped tract composed of mixed-pine hardwood forest and a scrub shrub wetland.The surrounding land use is a mixture of
low-high density residential,commercial,and industrial properties.
3b. List the total estimated acreage of all existing wetlands on the property: 1.777
3c. List the total estimated linear feet of all existing streams(intermittent and perennial)on the property: 1,053
3d. Explain the purpose of the proposed project:
To develop the site for high-density residential housing with associated infrastructure including a retaining wall and stormwater management features.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Additional Information following the PCN form.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the 0 Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property/
project(includingall prior phases in the past? Comments:A PJD request is included in Appendix A
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:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A PJD request is included in Appendix A.
5. Project History
5a. Have permits or certifications been requested or obtained for ❑Yes 0 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 0 No
6b. If yes, explain.
Page 3 of 10
PCN Form —Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project(check all that apply):
0 Wetlands 0 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 impact Type of wetland Forested Type of jurisdiction Area of
number Corps (404,10)or impact
Permanent(P)or DWQ (401, other) (acres)
Temporary T
W1 P Fill Bottomland Hardwood Forest No Corps 0.001
W2 P Fill Bottomland Hardwood Forest Yes Corps 0.022
W3 P Fill Bottomland Hardwood Forest Yes Corps 0.083
W4 P Fill Bottomland Hardwood Forest No Corps 0.002
W5 - Choose one Choose one Yes/No
W6 - Choose one Choose one Yes/No
2g. Total Wetland Impacts: 0.108
2h. Comments:
Approximately 0.016 acres of wetland will be created after the stream channel is relocated.This is voluntary,non-compenstatory, mitigation in an effort
to offset the project's impacts to wetlands.
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 (PER)or Type of Average Impact
number intermittent(INT)? jurisdiction stream length
Permanent(P)or width (linear
Temporary(T) (feet) feet)
S1 P Relocation SB-UT Lake Julian PER Corps 9.5 201
S2 - Choose one PER Corps
S3 - Choose one PER Corps
S4 - Choose one PER Corps
S5 - Choose one PER Corps
S6 - Choose one
3h. Total stream and tributary impacts 201
3i. Comments:
Total acreage of stream bed impact for S1 is 0.044 acres.S1 is for relocation of the stream approximately 10-15 feet north of its current alignment.The
relocated channel will have approximately the same LF and stream bed acreage as the existing channel.No net loss of stream is proposed.
Page 4 of 10
PCN Form—Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number (if applicable) Type of impact Waterbody Area of impact(acres)
Permanent(P)or type
Temporary T
01 P Choose one Choose
O2 T Choose one Choose
03 - Choose one Choose
04 - Choose one Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a. 5b. 5c. 5d. 5e.
Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland
purpose of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated
P1 Choose one
P2 Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin? ❑ Neuse ❑ Tar-Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b. 6c. 6d. 6e. 6f. 6g.
Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone 2
number— mitigation impact impact
Permanent(P)or required? (square (square
Temporary(T) feet) feet)
B 1 Yes/No
B2 - Yes/No
B3 - Yes/No
B4 - Yes/No
B5 - Yes/No
B6 - Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Additional Information following the PCN Form.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Appropriate erosion and sediment control measure will be implemented to avoid unintended impacts to waters on site.A pump-around or coffer dam
system will be utilized to conduct the stream relocation work in-the-dry(See Figure 5.3 for details). Using natural matting and revegatating the stream
relocation work area with native seed and live stakes will help prevent post-construction erosion.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by(check all that apply): ❑ DWQ ❑Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
El Payment to in-lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Complete if Making a Payment to In-lieu Fee Program
4a.Approval letter from in-lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non-riparian wetland mitigation requested: acres
4g. Coastal (tidal)wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form—Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules)—required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2 1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes X❑ No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? >30
2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The proposed project is subject to review and approval by Buncombe County.Buncombe County is a delegated authority for the review and approval
of Stormwater Management Plans.Documentation of approval can be forwarded upon request.
Underground stormwater BMPs are proposed below the parking areas(approximate location shown on Figure 5.0-5.1).
2e. Who will be responsible for the review of the Stormwater Management Plan? Buncombe Co.
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject? Buncombe Co.
❑X Phase II
3b. Which of the following locally-implemented stormwater management programs ❑ NSW
apply(check all that apply): ❑ USMP
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No
attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the following state-implemented stormwater management programs apply ❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been ❑Yes 0 No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑Yes ❑ No
Page 8 of 10
PCN Form—Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public(federal/state/local)funds or the ❑X Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes"to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑Yes ❑X 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:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes 0 No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after-the-fact permit application? ❑Yes 0 No
2c. If you answered "yes"to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project(based on past and reasonably anticipated future impacts) result in ❑Yes 0 No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes"to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The project only involves work inside the project boundary.This project will not result in additional development that could affect downstream water
quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge)of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater will be treated by the municipal wastewater treatment plant.The tie-in to the existing sewer systems are along Heywood Road,at the
project location(See Figure 5.0-5.1).
Page 9 of 10
PCN Form—Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat(Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑Yes 0 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act 0 Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted. Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Additional Information following the PCN form.
6. Essential Fish Habitat(Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes 0 No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat(EFH)Mapper.Accessed April 21,2023 at https://www.habitat.noaa.gov/apps/efhmapper/.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state,federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes 0 No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See Additional Information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s)did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panel:FIRM Panel 3700965400J(eff. 1/6/2010).See Figure 6.
Tyson Kurtz /l 4/28/2023
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10

PCN Form Additional Information
Section B.3e Project Description - Details
The proposed residential development is designed around three, multi-story, multi-family
buildings. A new access road will connect to Heywood Road. A pre-determined rate of normal
and handicap parking spots per unit is incorporated. To accommodate all the housing and parking
on a moderate sloping hillside, a retaining wall is proposed along the north side of Buildings #2
and #3. The footprint of the retaining wall will incur minor wetland and stream impacts where there
is a pinch point between the waters and the property setbacks (See Figure 5.0).
HUD funding is being requested as the basis of the project's resources. Numerous design
standards for HUD projects have been incorporated into the site layout.
To ensure stability of the retaining wall and avoid constricting the stream channel, an
approximately 200ft long reach of stream will be relocated to the north. The channel will be moved
approximately 10-15 feet north of its current alignment. This will allow the stream to meander
around the footprint of the retaining wall limits of disturbance. A narrow bank of upland will be
created at the base of the wall to allow for maintenance (See Figures 5.1-5.2).
The stream is currently flanked by scrub shrub beaver wetland in a zone of active sediment
deposition. The stream substance is entirely composed of fines and has a slow flow velocity.
Banks are approximately 1 ft high and vertical (see Photolog in Appendix B for photos of the impact
area S1 and W3). A new stream channel will be excavated in the wetland to the north and will
have sloped bank, stabilized with seed and coir matting, and live staked (See details on Figure
5.3). Material from the excavated channel will be placed in the former stream channel, smoothed
over, and seeded with a native wetland seed mix. This will result in approximately 0.016 acres of
voluntary, non-compensatory, wetland restoration to help offset the loss of wetland along the
retaining wall.
Stormwater runoff from the proposed impervious surfaces will be treated by underground
Stormtech systems. To the maximum extent practicable, while still meeting stormwater design
standards, rip rap aprons for stormwater outlets are positioned outside of wetland areas.
However, a portion of one of these rip rap aprons will be placed inside the wetland, in an area
that is not typically inundated.
Municipal sewer and water connections will be tied into the existing utility infrastructure on
Heywood Rd, at the project parcel. No impacts to waters are proposed for utility line connections.
Tree clearing activities are proposed over the winter of 2023/2024.
A Nationwide Permit 29 and 18 (if needed for riprap apron) and associated Individual Water
Quality Certification is requested to authorize these impacts.
Wetland and stream locations were professionally surveyed by McAbee & Associates, based on
Clearwater's delineation flags. The PJD request is based on Clearwater's handheld GPS data.
Typical construction equipment will be used on site including bulldozers, excavators, dump trucks,
etc.

Section D.la Avoidance and Minimization - Design
Based on property lines, setbacks, wetland locations, and moderate slopes, the desired number
of residential units and associated infrastructure required by HUD standards to accommodate
those units, minor impacts to waters are unavoidable.
The project design avoids impacts to 1.669 acres of wetland (94% of wetlands on site) and 852
linear feet of stream (81% of stream length on site). The stream impacts are due to relocation of
the stream channel. No net loss of stream LF or stream bed acreage is proposed. Additionally,
0.016 acres of wetland creation is proposed.
The initial design (Alternative 1) proposed to have the retaining wall fill a portion of the stream
channel. This alternative would have less acreage of wetland and stream impacts but would result
in a constricted stream channel with flow directed towards the retaining wall. After a pre-
application meeting was held on-site with the USACE on March 18, 2023, the current plan
(selected alternative) was initiated. The selected alternative would relocate the stream channel
away from the retaining wall. This would preserve the width of the stream channel, provide
additional retaining wall stability, at the expense of a larger wetland impact footprint. Once the
stream channel is relocated, a portion of the former stream channel will be turned into wetland, in
an effort to minimize the net loss of wetland on site.
Through the North Carolina Wetland Assessment Method, the wetland impact area (W3) was
determined to have a "Low" functional quality rating (see NCWAM form in Appendix A). The
location of W3 is representative of the other wetland impact areas.
Section F.5d Endangered Species and Designated Critical Habitat— Sources
A threatened and endangered species review and habitat assessment is included in Appendix B.
At the time of the report completion, it was the opinion of ClearWater that no federally protected
species potentially occurring within the project's vicinity would be adversely affected by this
project.
Since there were updates to the Endangered Species List after the report was completed, a new
Official Species List was obtained through FWS's IPAC (Beta)website. The Range-wide northern
long-eared bat (NLEB) Determination Key (DKey) was also run on the IPAC (Beta) site. A "may
affect" determination was generated by the DKey and a Consistency Letter was generated. The
DKey noted that the project site intersects a "known sensitive area" for NLEB. The updated FWS
documents are included in Appendix C.
In summary, approximately 4.5 acres of tree clearing is anticipated to be conducted between
October 15, 2023, and March 31, 2024. Additional data from FWS on known occurrences of NLEB
within the project's vicinity is needed to determine the potential effect, if any, on this species. It is
the opinion of ClearWater that conducting the proposed tree-clearing in the inactive season would
result in a may affect, not likely to adversely affect determination for the NLEB and tricolored bat
(if formally protected before completion of the project's development).

Section F.7b. Historic or Prehistoric Cultural Resources- Sources
There are two documented historic sites within a one-mile radius of the project site. Site ID:
BN0562: Blake House (Newington) (Status: NR) is located approximately 0.4 miles to the east of
the project site. Site ID: BN2136: Brown's Pottery (Status: DOE) is located approximately 0.8
miles south of the project site. These historic sites are likely to be outside of the viewshed of the
proposed development, due to orientation of adjacent hilltops, buildings, and trees. Data gathered
from NCHPO's HPOWEB 2.0 for General Audience. Accessed April 21, 2024.

Lakeshore Villas (+/- 7. 1 Ac)
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North Carolina 145 7th Ave west,suite B Figure I
Hendersonville,North Carolina 28792

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Hendersonville,North Carolina 28792 Figure 2

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7.,
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North Carolina 145 7th Ave west,suite B NCCGIA 2019
Hendersonville,North Carolina 28792 Figure 3

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0 Ud: Udorthents, loamy ,
0 Ux: Urban Land '" s
0 75 150 300 ,
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earWater USDA Soils Map
Buncombe County An EnviroScience Company C0-
North Carolina 145 7thAve west,Suite B NRCS Web Soil Survey
Hendersonville,North Carolina 28792 Figure 4

"PRELIMINARY, THIS DOCUMENT SHALL NOT SURVEYED WETLAND
BE RECORDED FOR ANY PURPOSE AND BOUNDARY oHuX OHG-
x x x oHU N e�°2
o x pUUR�
SHALL NOT BE USED OR VIEWED OR RELIED o u� Ngz•p6 oHu N87°z9'
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PROPOSED WETLAND IMPACT (W4)
PERMANENT: AC=.002
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X1 PROPOSED WETLAND IMPACT (W1)
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) EXISTING
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H :ON PIPE,O.7'A.G.
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TO BOUNDARY LINE @ \ \ \ 4 y
\ N /' / ��
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\ \ , A3 �-7 -7 Jf
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TOTAL STREAM IMPACT SUMMARY ` \ \ \ \ Al AO
PERMANENT STREAM IMPACT: .044 AC/201 LF \ \ $ s Cl
\ ss
SURVEYED STREAM \ \ \
CHANNEL gr-u2°1RONP1PE. 1s'A.G. A
RETAINING WALL NOT HELD-1.3',gn(m!OF \S
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-
5TATIO� s
SURVEYED WETLAND STREAM IMPACT PERMANENT
WETLAND RESTORATION BOU"DARY E AND PROPOSED STREAM SSOCI LAKESHORE VILLAS
A
TEMPORARY DISTURBED WETLAND AREAS WILL ASSOCIATES)
HAVE WETLAND SOILS RETURNED TO WETLAND STREAM
PRE-CONSTRUCTION CONTOURS. TEMPORARILY WETLAND IMPACT
DISTURBED WETLANDS WILL BE PERMANENT r
RE VEGETATED WITH A NATIVE WETLANDS IMPACT
Civil WETLANDS
Design -_ SEED MIX (ERNMX- 308 NC PIEDMONT FACW
Concepts,PAW MIX) AND STABILIZED WITH COIR MATTING Figure 5.�
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ARRIL 2023

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BE RECORDED FOR ANY PURPOSE AND X
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SHALL NOT BE USED OR VIEWED OR RELIED BOUNDARY wo—x�x�x o u oho"u�o u — N89
UPON AS A FINAL DOCUMENT or+u
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ASSOCIATES)
EXISTING STREAM LAKESHORE VILLAS `
BANK
RECONSTRUCTED POST CONSTRUCTION
CivilDesign I WETLANDS
Concepts,PA AP RI L 2023
NCBELS#: C-2184 Figure 5. 1

"PRELIMINARY, THIS DOCUMENT HAB C-3
SHALL NOT BE RECORDED FOR ANY
NOpTH PURPOSE AND SHALL NOT BE USED
5 OR VIEWED OR RELIED UPON AS A
FINAL DOCUMENT".
H: 1 "=5' 9257
V: 1 "=5'
14.1'
BUILDING WALL
BUILDING #3
GFA: 61,165 SF
FFE: 2176
FIFE 2176.0' 14.1' TW 2175.8'
2.5' 713.6'
FOOTER, 2173.5'
10.5 13.9'
® BUILDING #3
` MID RIGHT TO RETAINING WALL
SCALE: V=20'
GEOGRID 1:1 OF TOTAL WALL HEIGHT �
EXISTING SURVEY PROFILE `
PER SURVEY DATED: 11/23/2020 `
0' TO 9'
4' OF BANK OF RECONSTRUCTED NEW STREAM
EXISTING EDGE OF STREAM 2161.9' WETLANDS 10' TO 12' EXISTING WETLANDS
PER UPDATED FIELD SURVEY DATED: 12/16/2022
11��` : .'.'. :'.':'.'.'.':'.'.'.'.':'�//ice i : . . . • . . . • • •• • • • HAB C-3 SOIL BORING PROFILE
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AUGER REFUSAL 04.5
BUILDING 3 MIDDLE FIGHT SECTION DISTANCE TO RETAINING WALL
CONCEPTUAL BULLETIN
Civil
Design
CConcepts,PA . Aril 14 2023
cC_2184 Figure 5.2 p

LAKESHORE PRELIMINARY PLANS
DETAILS NOT FOR CONSTRUCTION
NOUN NNa TTINO PLALU FL..&-%%ITH BAW SLRFAr:E.
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60' APRIL 2023 ,�w, ,IN, LAP OVER or%%,ISTmLAm,zr%%nsLnPL sL Ams
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Flow�ow Work Area Flow� 2' Min Diameter Q NIS
Sandbag/Stone Barrier
Intake
Hose
P
Discharge Hose Ltve Stakes
Diversion Pump NOTES: (tree at yeast twee swws astmd
1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON scida tc M" (brnna•i Mro
Discharge Pump PLANS AND DIRECTED BY THE ENGINEER. aon+,,.� S+kr0.9-1
Into Velocity Work Area 2. TSPACING IN STAGGERED DIAMOND PATTERN Seuk:anew &kyVWtaw
DISSI ater Length Not To Exceed 3. LIVE STAKING SHOULD BE COMPLETED DURING THE Ayancagxsup/dorc Mode«
p That Which Can B e DORMANT SEASON,GENERALLY DECEMBER TO APRIL. Sarnbxw care0eneis Eidffb y
Completed In One Day Ceptvlarthua occMmtal� Buaoro�an
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LIVE STAKE(TYP) F
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ELEVATION �?•.�
TOE OF SLOPE STAGGER ABOUT BANKFULL
Base Flow + 1 Foot
2 Foot
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Section View Live Stake Detail
LIVE STAKE(TYP) TOP OF BANK
Cross Section Of Sandbag/Stone Diversion 1/2"TO2°
A DIAMETER
SECTION A-A A A A
BASEFLOW WATER ELEVATION
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Design" ���y�p����
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NCBELS#: C-2184

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N E G
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------ •y
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0 200 400 800 �. -� Project Boundary
Feet 100-Year Floodplain (Zone A)
Drawn by:TJK Date;4.21.23 ES Project#16403 �
CearWater FEMA Floodplain Map
Buncombe County, A,,,.,-%ci.ncec,m„n,e FIRM Panel: 3700965400J
North Carolina 145 7th Ave West,Suite a (eff. 1/6/2010)
Hendersonville,North Carolina 28792 Figure 6

Appendix A:
Preliminary Jurisdictional Determination
Request
NCWAM Form

Jurisdictional Determination Request
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination(JD) from the
U.S. Army Corps of Engineers,Wilmington District(Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.army.mil/Missions/Re ug latoryPermitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE&CHARLOTTE REGULATORY WASHINGTON REGULATORY FIELD OFFICE
FIELD OFFICES US Army Corps of Engineers
US Army Corps of Engineers 2407 West Fifth Street
151 Patton Avenue,Room 208 Washington,North Carolina 27889
Asheville,North Carolina 28801-5006 General Number:[phone]
General Number:[phone] Fax Number:[phone]
Fax Number:[phone]
WILMINGTON REGULATORY FIELD OFFICE
RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers
US Army Corps of Engineers 69 Darlington Avenue
3331 Heritage Trade Drive,Suite 105 Wilmington,North Carolina 28403
Wake Forest,North Carolina 27587 General Number:910-251-4633
General Number:[phone] Fax Number:[phone]
Fax Number:[phone]
INSTRUCTIONS:
All requestors must complete Parts A, B, C,D,E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D—PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D -NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation(NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service,prior to starting work.
Version:May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: 99999 Heywood Rd
City, State: Arden, North Carolina
County: Buncombe
Parcel Index Number(s) (PIN): 965415130300000
B. REQUESTOR INFORMATION
Name: Clearwater Environmental Consultants, an EnviroScience Company
Mailing Address: 145 7th Avenue W; Suite B
Hendersonville, NC 28792
Telephone Number: 828-698-9800
Electronic Mail Address: [e-mail]
Select one:
EI am the current property owner.
aI am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
1-1 Other,please explain.
C. PROPERTY OWNER INFORMATION'
Name: See Attached Agent Authorization
Mailing Address: See Attached Agent Authorization
See Attached Agent Authorization
Telephone Number: See Attached Agent Authorization
Electronic Mail Address: See Attached Agent Authorization
' Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request(copy of Deed,County GIS/Parcel/Tax Record).
Version:May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION'4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
See Attached Agent Authorization
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agent'
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
I intend to construct/develop a projector perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOVUSACE protocols,skip to Part E.
a If there are multiple parcels owned by different parties,please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version:May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION(JD)TYPE (Select One)
❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination(PJD)provides an indication that there may
be "waters of the United States" or"navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional"waters of
the United States". PJDs cannot be appealed(33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination(AJD) is a determination that
jurisdictional"waters of the United States" or"navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner,permit applicant, or other"affected
party" (33 C.F.R. 331.2)who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑� Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
✓❑ Size of Property or Review Area 7•1 acres.
❑ The property boundary(or review area boundary) is clearly physically marked on the site.
Version:May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
❑✓ Project Coordinates (Decimal Degrees): Latitude: 35.472315
Longitude: -82.523465
❑✓ A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non-
jurisdictional upland features should be identified as Non-Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or"Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
■ Wetland and non-wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non-wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled"Survey Standards for Jurisdictional Determinations"to ensure that the
supplied map meets the necessary mapping standards.http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-
Program/Jurisdiction/
Version:May 2017 Page 5

Jurisdictional Determination Request
✓❑ Completed appropriate Jurisdictional Determination form
• PJDs,please complete a Preliminary Jurisdictional Determination Form'and include the
Aquatic Resource Table
• AJDs,please complete an Approved Jurisdictional Determination Form'
✓❑ Vicinity Map
✓❑ Aerial Photograph
lv USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan,previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
❑ Other Assessment Forms
7 www.saw.usace.aM.mil/Portals/59/docs/re ug latory/regdocs/JD/RGL_08-02_App A Prelim JDc Form_fillable.pdf
' Please see hlW://www.saw.usace.aruy.mil/Missions/Regulatory-Permit-Program/Jurisdiction/
Principal Purpose:The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the proj ect area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses:This information may be shared with the Department of Justice and other federal,state,and local
government agencies,and the public,and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination(AJD),which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure:Submission of requested information is voluntary;however,if information is not provided,the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version:May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: April 21 , 2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization Form
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Buncombe CO. City: Arden
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.472315 Long.: -82.523465
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Powell Creek (Lake Julian)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑■ Field Determination. Date(s): March 17, 2023
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site Latitude Longitude Estimated amount Type of aquatic Geographic authority
number (decimal (decimal of aquatic resource resource (i.e., wetland to which the aquatic
degrees) degrees) in review area vs. non-wetland resource "may be"
(acreage and linear waters) subject(i.e., Section
feet, if applicable) 404 or Section 10/404)
WA 35.4720063 -82.5236386 1 .777Ac wetland Section 404
SA 35.4712819 -82.5214788 21 LF / 0.002 Ac non-wetland Section 404
SB 35.4719808 -82.5227057 1032 LF / 0.403 Ac non-wetland Section 404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Vicinity, USGS Topo,Aerial, USDA Soil,Wetland/Stream Delineation, FEMA
❑■ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale Topo Quad: Skyland
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑■ FEMA/FIRM maps: Panel: 3700965400J (eff. 1/6/2010)
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ❑■ Aerial (Name & Date): Nc OneMap 2022
or ❑■ Other (Name & Date): Photolog (ClearWater 3/17/23)
❑ Previous determination(s). File no. and date of response letter:
0 Other information (please specify): Property Data, NCWAM
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
/Jo&;z, a 4/28/23
Signature and date of Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

Cowardin_CodeI HGM_CodeI Meas_TypeI Amount Units I Waters_
SA NORTH CAROLINA R3 Linear 21 FOOT DELINEATE 35.47200630 -82.5236386
SB NORTH CAROLINA R3 Linear 1053 FOOT DELINEATE 35.47128190 -82.5214788
WA NORTH CAROLINA pss Area 1.777 ACRE DELINEATE 35.47198080 -82.5227057

Lakeshore Villas (+/- 7. 1 AC)
N Potentially Jurisdictional Water
Wetland Acres Stream Linear Feet Acres
WA 1.777 SA 21 0.002
I I � S B 1032 0.403
Tota I 1.777 Tota I 1,053 0.405
_ Potential Wetland a
Waters of the US
Project Boundary WA-1.777Ac
n• i
e
�� ��� •� Potential Non-wetland
.r '�� Waters of the US
�B SB-1,032 LF/0.403 Ac
�___! Project Boundary
Wetland
Stream
Culvert
Contours 4ft
Data Form
SA
Jurisdictional wetlands and waters identified on this map have been located within sub-meter accuracy utilizing a Trimble mapping grade Global Positioning System(GPS)and
the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography,vegetative cover,and/or multipath signal error.
Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however,they have not been surveyed. Although Potential Non-wetland
ClearWater Environmental Consultants,Inc.(CEC)is confident in our assessment,the US Army Corps of Engineers(Corps)is the only agency that can make final decisions Waters of the US
regarding jurisdictional wetland and waters of the US delineations. Therefore,all preliminary determinations are subject to change until written verification is obtained. CEC SA-21 LF/0.002 Ac
strongly recommends that written verification be obtained from the Corps prior to closing on the property,beginning any site work,or making any legal reliance on this
determination.
This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to
determine precise boundaries,roadways,property boundary lines,nor legal descriptions. This map shall not be construed to be an official survey of any data depicted.
Source Data:
Project Boundary-CDC Civil Design Concepts,PA 0 100 200 400
Topo-Buncombe County GIs
Drawn by:TJK 11.28.22;ES Project#16403/CEC Project#1177 Feet
Buncombe County, CLearWater Stream and Wetland Map
North Carolina An En osctancuComwnyIS Delineated Sept. 25, 2020 & Oct. 7, 2022
145 7th Ave.W;Suite B Figure 5
Hendersonville,NC 28792

Photo 1. Stream S (SB) and Wetland A (WA). Photo taken from southern boundary of WA
facing southeast. Location of proposed stream relocation and wetland fill in foreground.
• P:.
iH
Photo 2. Stream S (SB) and Wetland A (WA). Photo taken from southern boundary of WA
facing northeast. Location of proposed stream relocation and wetland fill in foreground.

1i
r-
S
ti . OGO ll 11 f/LSIJfSC'J ll mil' � T..��.
Photo 3. Condition of SB at proposed impact area. Note excessive sedimentation.
Y
1
f"
r
r
`
9
- i
MUM W
Photo 4. Condition of SB at proposed impact area. Note excessive sedimentation.

NC WAM FIELD ASSESSMENT RESULTS
Accompanies User Manual Version 5.0
USACE AID# NCDWR#
Project Name Lakeshore Villas Date of Evaluation March 17,2023
Clearwater/Mountain Housing
Applicant/Owner Name Opportunities Wetland Site Name WA/Impact Area
Wetland Type Bottomland Hardwood Forest Assessor Name/Organization T. Kurtz/ClearWater
Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Powel Creek/Lake Julian
River Basin French Broad USGS 8-Digit Catalogue Unit
County Buncombe NCDWR Region Winston-Salem
❑ Yes ® No Precipitation within 48 hrs? Latitude/Longitude deci-de rees 35.5236386, -82.4720063
Evidence of stressors affecting the assessment area(may not be within the assessment area)
Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in
recent past(for instance,within 10 years). Noteworthy stressors include, but are not limited to the following.
• Hydrological modifications(examples: ditches,dams, beaver dams,dikes, berms, ponds,etc.)
• Surface and sub-surface discharges into the wetland(examples:discharges containing obvious pollutants,presence of nearby septic
tanks, underground storage tanks(USTs), hog lagoons, etc.)
• Signs of vegetation stress(examples: vegetation mortality, insect damage,disease,storm damage, salt intrusion,etc.)
• Habitat/plant community alteration(examples: mowing,clear-cutting,exotics,etc.)
Is the assessment area intensively managed? ❑ Yes ® No
Regulatory Considerations-Were regulatory considerations evaluated? ®Yes ❑No If Yes,check all that apply to the assessment area.
❑ Anadromous fish
❑ Federally protected species or State endangered or threatened species
❑ NCDWR riparian buffer rule in effect
❑ Abuts a Primary Nursery Area(PNA)
❑ Publicly owned property
❑ N.C. Division of Coastal Management Area of Environmental Concern(AEC)(including buffer)
❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout
❑ Designated NCNHP reference community
❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream
What type of natural stream is associated with the wetland, if any?(check all that apply)
❑ Blackwater
® Brownwater
❑ Tidal(if tidal,check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both
Is the assessment area on a coastal island? ❑ Yes ® No
Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ® Yes ❑ No
Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No
1. Ground Surface Condition/Vegetation Condition—assessment area condition metric
Check a box in each column. Consider alteration to the ground surface(GS)in the assessment area and vegetation structure(VS)in the
assessment area. Compare to reference wetland if applicable(see User Manual). If a reference is not applicable,then rate the assessment
area based on evidence an effect.
GS VS
®A ❑A Not severely altered
❑B ®B Severely altered over a majority of the assessment area(ground surface alteration examples: vehicle tracks,excessive
sedimentation, fire-plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure
alteration examples: mechanical disturbance,herbicides,salt intrusion[where appropriate],exotic species,grazing,less
diversity[if appropriate], hydrologic alteration)
2. Surface and Sub-Surface Storage Capacity and Duration—assessment area condition metric
Check a box in each column. Consider surface storage capacity and duration(Surf)and sub-surface storage capacity and duration(Sub).
Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot
deep is expected to affect both surface and sub-surface water. Consider tidal flooding regime, if applicable.
Surf Sub
❑A ❑A Water storage capacity and duration are not altered.
®B ®B Water storage capacity or duration are altered, but not substantially(typically, not sufficient to change vegetation).
❑C ❑C Water storage capacity or duration are substantially altered(typically, alteration sufficient to result in vegetation change)
(examples:draining,flooding,soil compaction,filling, excessive sedimentation, underground utility lines).
3. Water Storage/Surface Relief—assessment area/wetland type condition metric (skip for all marshes)
Check a box in each column. Select the appropriate storage for the assessment area(AA)and the wetland type(WT).
AA WT
3a. ❑A ❑A Majority of wetland with depressions able to pond water> 1 deep
❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep
®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep
❑D ❑D Depressions able to pond water<3 inches deep
3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet
®B Evidence that maximum depth of inundation is between 1 and 2 feet
❑C Evidence that maximum depth of inundation is less than 1 foot

4. Soil Texture/Structure-assessment area condition metric(skip for all marshes)
Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature.
Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional
indicators.
4a. ❑A Sandy soil
®B Loamy or clayey soils exhibiting redoximorphic features(concentrations,depletions,or rhizospheres)
❑C Loamy or clayey soils not exhibiting redoximorphic features
❑D Loamy or clayey gleyed soil
❑E Histosol or histic epipedon
4b. ®A Soil ribbon< 1 inch
❑B Soil ribbon>_ 1 inch
4c. ®A No peat or muck presence
❑B A peat or muck presence
5. Discharge into Wetland-opportunity metric
Check a box in each column. Consider surface pollutants or discharges(Surf)and sub-surface pollutants or discharges(Sub). Examples
of sub-surface discharges include presence of nearby septic tank,underground storage tank(UST), etc.
Surf Sub
❑A ®A Little or no evidence of pollutants or discharges entering the assessment area
®B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the
treatment capacity of the assessment area
❑C ❑C Noticeable evidence of pollutants or discharges(pathogen, particulate,or soluble)entering the assessment area and
potentially overwhelming the treatment capacity of the wetland (water discoloration,dead vegetation,excessive
sedimentation,odor)
6. Land Use-opportunity metric(skip for non-riparian wetlands)
Check all that apply(at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining
to assessment area within entire upstream watershed (WS),within 5 miles and within the watershed draining to the assessment area (5M),
and within 2 miles and within the watershed draining to the assessment area (2M).
WS 5M 2M
®A ®A ®A > 10%impervious surfaces
❑B ❑B ❑B Confined animal operations(or other local,concentrated source of pollutants
❑C ❑C ❑C >-20%coverage of pasture
❑D ❑D ❑D >-20%coverage of agricultural land(regularly plowed land)
®E ®E ®E >_20%coverage of maintained grass/herb
❑F ❑F ❑F >_20%coverage of clear-cut land
❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in
the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the
assessment area.
7. Wetland Acting as Vegetated Buffer-assessment area/wetland complex condition metric(skip for non-riparian wetlands)
7a. Is assessment area within 50 feet of a tributary or other open water?
®Yes ❑No If Yes,continue to 7b. If No,skip to Metric 8.
Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland.
Record a note if a portion of the buffer has been removed or disturbed.
7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make
buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.)
❑A >_50 feet
®B From 30 to<50 feet
❑C From 15 to<30 feet
❑D From 5 to< 15 feet
❑E <5 feet or buffer bypassed by ditches
7c. Tributary width. If the tributary is anastomosed,combine widths of channels/braids for a total width.
®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water(no tributary present)
7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water?
®Yes ❑No
7e. Is stream or other open water sheltered or exposed?
®Sheltered-adjacent open water with width <2500 feet and no regular boat traffic.
[]Exposed-adjacent open water with width >_2500 feet or regular boat traffic.
8. Wetland Width at the Assessment Area-wetland type/wetland complex condition metric(evaluate WT for all marshes and
Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest
only)
Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area(WT)and
the wetland complex at the assessment area(WC). See User Manual for WT and WC boundaries.
WT WC
®A ®A >_ 100 feet
❑B ❑B From 80 to< 100 feet
❑C ❑C From 50 to<80 feet
❑D ❑D From 40 to<50 feet
❑E ❑E From 30 to<40 feet
❑F ❑F From 15 to<30 feet
❑G ❑G From 5 to< 15 feet
❑H ❑H <5 feet

9. Inundation Duration—assessment area condition metric(skip for non-riparian wetlands)
Answer for assessment area dominant landform.
❑A Evidence of short-duration inundation(<7 consecutive days)
®B Evidence of saturation,without evidence of inundation
❑C Evidence of long-duration inundation or very long-duration inundation(7 to 30 consecutive days or more)
10. Indicators of Deposition—assessment area condition metric (skip for non-riparian wetlands and all marshes)
Consider recent deposition only(no plant growth since deposition).
❑A Sediment deposition is not excessive, but at approximately natural levels.
®B Sediment deposition is excessive, but not overwhelming the wetland.
❑C Sediment deposition is excessive and is overwhelming the wetland.
11. Wetland Size—wetland type/wetland complex condition metric
Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the
size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User
Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut,select"K"for the FW column.
WT WC FW(if applicable)
❑A ❑A ❑A >_500 acres
❑B ❑B ❑B From 100 to<500 acres
❑C ❑C ❑C From 50 to< 100 acres
❑D ❑D ❑D From 25 to<50 acres
❑E ❑E ❑E From 10 to<25 acres
❑F ❑F ❑F From 5 to< 10 acres
®G ®G ®G From 1 to<5 acres
❑H ❑H ❑H From 0.5 to< 1 acre
El ❑I ❑I From 0.1 to<0.5 acre
❑J ❑J ❑J From 0.01 to<0.1 acre
❑K ❑K ❑K <0.01 acre or assessment area is clear-cut
12. Wetland Intactness—wetland type condition metric(evaluate for Pocosins only)
❑A Pocosin is the full extent(>_90%)of its natural landscape size.
❑B Pocosin type is<90%of the full extent of its natural landscape size.
13. Connectivity to Other Natural Areas—landscape condition metric
13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric
evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely)to the landscape patch, the contiguous
naturally vegetated area and open water(if appropriate). Boundaries are formed by four-lane roads, regularly maintained utility line
corridors the width of a four-lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water> 300
feet wide.
Well Loosely
❑A ❑A >_500 acres
❑B ❑B From 100 to<500 acres
❑C ❑C From 50 to< 100 acres
❑D ❑D From 10 to<50 acres
®E ®E < 10 acres
❑F ❑F Wetland type has a poor or no connection to other natural habitats
13b. Evaluate for marshes only.
❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands.
14. Edge Effect—wetland type condition metric(skip for all marshes and Estuarine Woody Wetland)
May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include
non-forested areas>_40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear-cuts. Consider
the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut,
select option"C."
❑A 0
®B 1 to 4
❑C 5to8
15. Vegetative Composition—assessment area condition metric(skip for all marshes and Pine Flat)
❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate
species,with exotic plants absent or sparse within the assessment area.
❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species
characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing.
It also includes communities with exotics present, but not dominant,over a large portion of the expected strata.
®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non-
characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at
least one stratum.
16. Vegetative Diversity—assessment area condition metric(evaluate for Non-tidal Freshwater Marsh only)
❑A Vegetation diversity is high and is composed primarily of native species(< 10%cover of exotics).
❑B Vegetation diversity is low or has> 10%to 50%cover of exotics.
❑C Vegetation is dominated by exotic species(>50% cover of exotics).

17. Vegetative Structure—assessment area/wetland type condition metric
17a. Is vegetation present?
®Yes ❑No If Yes,continue to 17b. If No,skip to Metric 18.
17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non-marsh wetlands.
❑A >_25%coverage of vegetation
❑B <25%coverage of vegetation
17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non-marsh wetlands. Consider
structure in airspace above the assessment area (AA)and the wetland type(WT)separately.
AA WT
o❑A ❑A Canopy closed,or nearly closed,with natural gaps associated with natural processes
❑B ❑B Canopy present,but opened more than natural gaps
U ®C ®C Canopy sparse or absent
>,
o❑A ❑A Dense mid-story/sapling layer
❑B ®B Moderate density mid-story/sapling layer
®C ❑C Mid-story/sapling layer sparse or absent
❑A ®A Dense shrub layer
1= ®B ❑B Moderate density shrub layer
U) ❑C ❑C Shrub layer sparse or absent
-0 ❑A ®A Dense herb layer
_ ®B ❑B Moderate density herb layer
❑C ❑C Herb layer sparse or absent
18. Snags—wetland type condition metric(skip for all marshes)
®A Large snags(more than one)are visible(> 12 inches DBH,or large relative to species present and landscape stability).
❑B Not
19. Diameter Class Distribution—wetland type condition metric(skip for all marshes)
❑A Majority of canopy trees have stems>6 inches in diameter at breast height(DBH); many large trees(> 12 inches DBH)are
present.
❑B Majority of canopy trees have stems between 6 and 12 inches DBH,few are> 12 inch DBH.
®C Majority of canopy trees are<6 inches DBH or no trees.
20. Large Woody Debris—wetland type condition metric(skip for all marshes)
Include both natural debris and man-placed natural debris.
®A Large logs(more than one)are visible(> 12 inches in diameter,or large relative to species present and landscape stability).
❑B Not
21. Vegetation/Open Water Dispersion—wetland type/open water condition metric(evaluate for Non-Tidal Freshwater Marsh only)
Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned
areas indicate vegetated areas,while solid white areas indicate open water.
❑A ❑B ❑C ❑D
22. Hydrologic Connectivity—assessment area condition metric(evaluate for riparian wetlands and Salt/Brackish Marsh only)
Examples of activities that may severely alter hydrologic connectivity include intensive ditching,fill,sedimentation,channelization,diversion,
man-made berms, beaver dams,and stream incision. Documentation required if evaluated as B, C,or D.
❑A Overbank and overland flow are not severely altered in the assessment area.
❑B Overbank flow is severely altered in the assessment area.
❑C Overland flow is severely altered in the assessment area.
®D Both overbank and overland flow are severely altered in the assessment area.
Notes
Lots of invasive species, excessive sediment and beaver activity. Wetland lies at a very busy intesection of a 4-lane highway and 2-lane road.
Entire watershed is highly developed with comercial and residential propoerties. Wetland floods regularly due to downslope constrictions and
impervious surfaces above.

NC WAM Wetland Rating Sheet
Accompanies User Manual Version 5.0
Wetland Site Name WA/Impact Area Date of Assessment March 17, 2023
Wetland Type Bottomland Hardwood Forest Assessor Name/Organization T. Kurtz/ClearWater
Notes on Field Assessment Form (Y/N) YES
Presence of regulatory considerations (Y/N) NO
Wetland is intensively managed (Y/N) NO
Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES
Assessment area is substantially altered by beaver (Y/N) YES
Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO
Assessment area is on a coastal island (Y/N) NO
Sub-function Rating Summary
Function Sub-function Metrics Rating
Hydrology Surface Storage and Retention Condition LOW
Sub-surface Storage and
Retention Condition MEDIUM
Water Quality Pathogen Change Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Particulate Change Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Soluble Change Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Physical Change Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Pollution Change Condition NA
Condition/Opportunity NA
Opportunity Presence (Y/N) NA
Habitat Physical Structure Condition LOW
Landscape Patch Structure Condition LOW
Vegetation Composition Condition LOW
Function Rating Summary
Function Metrics Rating
Hydrology Condition LOW
Water Quality Condition LOW
Condition/Opportunity LOW
Opportunity Presence (Y/N) NO
Habitat Condition LOW
Overall Wetland Rating LOW

U.S. Army Corps of Engineers OMB Control#:0710-xxxx,Exp:Pending
WETLAND DETERMINATION DATA SHEET—Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority:AR 335-15,paragraph 5-2a)
Project/Site: Lakeshore Villas City/County: Arden/Buncombe Co. Sampling Date: 9/25/2020
Applicant/Owner: State: NC Sampling Point: DP-WA
Investigator(s): A.Tuttle&B.Yant Section,Township, Range:
Landform(hillside,terrace,etc.): floodplain Local relief(concave,convex,none): concave Slope(%): 1
Subregion(LRR or MLRA): LRR N, MLRA 130B Lat: 35.471500 Long:-82.522058 Datum: NAD83
Soil Map Unit Name: FrA: French loam,0 to 3 percent slopes,occasionally flooded NWI classification: PFOl Ch
Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.)
SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Wetland was delineated on September 25,2020 and the boundary was checked on October 7,2022 to confirm no changes.The Antecedent
Precipitation Tool showed that climatic conditions were"Wetter than Normal"during the date of the delineation but were"Normal"on the follow up
visit.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators(minimum of two required)
Primary Indicators(minimum of one is required:check all that apply) _Surface Soil Cracks(136)
X Surface Water(Al) _True Aquatic Plants(B14) _Sparsely Vegetated Concave Surface(138)
_High Water Table(A2) —Hydrogen Sulfide Odor(Cl) _Drainage Patterns(B10)
X Saturation(A3) _Oxidized Rhizospheres on Living Roots(C3) _Moss Trim Lines(B16)
—Water Marks(61) n/a Presence of Reduced Iron(C4) _Dry-Season Water Table(C2)
—Sediment Deposits(132) —Recent Iron Reduction in Tilled Soils(C6) —Crayfish Burrows(C8)
_Drift Deposits(133) _Thin Muck Surface(C7) —Saturation Visible on Aerial Imagery(C9)
—Algal Mat or Crust(134) —Other(Explain in Remarks) —Stunted or Stressed Plants(D1)
X Iron Deposits(135) X Geomorphic Position(D2)
_Inundation Visible on Aerial Imagery(137) —Shallow Aquitard(D3)
—Water-Stained Leaves(69) _Microtopographic Relief(D4)
Aquatic Fauna(B13) X FAC-Neutral Test(D5)
Field Observations:
Surface Water Present? Yes X No Depth(inches): 1
Water Table Present? Yes No X Depth(inches):
Saturation Present? Yes X No Depth(inches): 0 Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data(stream gauge,monitoring well,aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-WA
Absolute Dominant Indicator
Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet:
1. 0 Number of Dominant Species
2. That Are OBL, FACW,or FAC: 4 (A)
3. Total Number of Dominant
4. Species Across All Strata: 4 (B)
5. Percent of Dominant Species
6. That Are OBL, FACW,or FAC: 100.0% (A/B)
7. Prevalence Index worksheet:
=Total Cover Total%Cover of: Multiply by:
50%of total cover: 20%of total cover: OBL species 76 x 1 = 76
Sapling/Shrub Stratum (Plot size: 15 ) FACW species 15 x 2= 30
1. Lindera benzoin 10 Yes FAC FAC species 10 x 3= 30
2. Ilex decidua 10 Yes FACW FACU species 0 x 4= 0
3. UPL species 0 x 5= 0
4. Column Totals: 101 (A) 136 (B)
5. Prevalence Index =B/A= 1.35
6. Hydrophytic Vegetation Indicators:
7. _1 -Rapid Test for Hydrophytic Vegetation
8. X 2-Dominance Test is>50%
9. X 3-Prevalence Index is:53.0'
20 =Total Cover 4-Morphological Adaptations'(Provide supporting
50%of total cover: 10 20%of total cover: 4 data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 ) _Problematic Hydrophytic Vegetation' (Explain)
1. Persicaria sagittata 20 Yes OBL 'Indicators of hydric soil and wetland hydrology must be
2. Leersia oryzoides 50 Yes OBL present,unless disturbed or problematic.
3. Sagittaria latifolia 5 No OBL Definitions of Four Vegetation Strata:
4. Juncus effusus 5 No FACW Tree-Woody plants,excluding vines,3 in. (7.6 cm)or
5. Mimulus ringens 1 No OBL more in diameter at breast height(DBH), regardless of
6 height.
7. Sapling/Shrub-Woody plants,excluding vines, less
8. than 3 in. DBH and greater than or equal to 3.28 ft
9 (1 m)tall.
10. Herb-All herbaceous(non-woody)plants, regardless
11. of size,and woody plants less than 3.28 ft tall.
81 =Total Cover Woody Vine-All woody vines greater than 3.28 ft in
50%of total cover: 41 20%of total cover: 17 height.
Woody Vine Stratum (Plot size: 15 )
1. 0
2.
3.
4.
5.
Hydrophytic
=Total Cover Vegetation
50%of total cover: 20%of total cover: Present? Yes X No
Remarks:(Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont-Version 2.0

SOIL Sampling Point: DP-WA
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) % Types Loc2 Texture Remarks
0-2 2.5Y 4/1 90 10YR 3/6 10 C M Loamy/Clayey
2-6 2.5Y 4/1 98 10YR 3/6 2 C M Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils3:
_Histosol(Al) _Polyvalue Below Surface(S8)(MLRA 147, 148) _2 cm Muck(A10)(MLRA 147)
_Histic Epipedon(A2) _Thin Dark Surface(S9)(MLRA 147,148) _Coast Prairie Redox(A16)
_Black Histic(A3) _Loamy Mucky Mineral(F1)(MLRA 136) (MLRA 147, 148)
_Hydrogen Sulfide(A4) _Loamy Gleyed Matrix(F2) _Piedmont Floodplain Soils(F19)
_Stratified Layers(A5) X Depleted Matrix(F3) (MLRA 136, 147)
_2 cm Muck(A10)(LRR N) _Redox Dark Surface(F6) _Red Parent Material(F21)
_Depleted Below Dark Surface(A11) _Depleted Dark Surface(F7) (outside MLRA 127,147, 148)
_Thick Dark Surface(Al2) _Redox Depressions(F8) _Very Shallow Dark Surface(F22)
_Sandy Mucky Mineral(S1) _Iron-Manganese Masses(F12)(LRR N, _Other(Explain in Remarks)
_Sandy Gleyed Matrix(S4) MLRA 136)
_Sandy Redox(S5) _Umbric Surface(F13)(MLRA 122, 136) 3Indicators of hydrophytic vegetation and
_Stripped Matrix(S6) _Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present,
Dark Surface(S7) Red Parent Material(F21)(MLRA 127, 1479 148) unless disturbed or problematic.
Restrictive Layer(if observed):
Type: Refusal
Depth(inches): 6 Hydric Soil Present? Yes X No
Remarks:
ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0

U.S. Army Corps of Engineers OMB Control#:0710-xxxx,Exp:Pending
WETLAND DETERMINATION DATA SHEET—Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT:
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority:AR 335-15,paragraph 5-2a)
Project/Site: Lakeshore Villas City/County: Arden/Buncombe Co. Sampling Date: 9/25/2020
Applicant/Owner: State: NC Sampling Point: DP-UPL
Investigator(s): A.Tuttle&B.Yant Section,Township, Range:
Landform(hillside,terrace,etc.): hillside Local relief(concave,convex,none): concave Slope(%): 8
Subregion(LRR or MLRA): LRR N, MLRA 130B Lat: 35.471402 Long:-82.522218 Datum: NAD83
Soil Map Unit Name: CsC: Clifton sandy loam,8 to 15 percent slopes NWI classification: n/a
Are climatic/hydrologic conditions on the site typical for this time of year? Yes X No (If no,explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are"Normal Circumstances"present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed,explain any answers in Remarks.)
SUMMARY OF FINDINGS—Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
The Antecedent Precipitation Tool showed that climatic conditions were"Wetter than Normal'during the date of the delineation but were"Normal'on
the follow up visit.
HYDROLOGY
Wetland Hydrology Indicators: Secondary Indicators(minimum of two required)
Primary Indicators(minimum of one is required:check all that apply) _Surface Soil Cracks(136)
—Surface Water(Al) —True Aquatic Plants(B14) _Sparsely Vegetated Concave Surface(138)
_High Water Table(A2) —Hydrogen Sulfide Odor(Cl) _Drainage Patterns(B10)
_Saturation(A3) _Oxidized Rhizospheres on Living Roots(C3) _Moss Trim Lines(B16)
—Water Marks(61) n/a Presence of Reduced Iron(C4) _Dry-Season Water Table(C2)
—Sediment Deposits(132) —Recent Iron Reduction in Tilled Soils(C6) —Crayfish Burrows(C8)
_Drift Deposits(133) _Thin Muck Surface(C7) —Saturation Visible on Aerial Imagery(C9)
—Algal Mat or Crust(134) —Other(Explain in Remarks) —Stunted or Stressed Plants(D1)
—Iron Deposits(135) _Geomorphic Position(D2)
_Inundation Visible on Aerial Imagery(137) —Shallow Aquitard(D3)
—Water-Stained Leaves(69) _Microtopographic Relief(D4)
Aquatic Fauna(B13) FAC-Neutral Test(D5)
Field Observations:
Surface Water Present? Yes No X Depth(inches):
Water Table Present? Yes No X Depth(inches):
Saturation Present? Yes No X Depth(inches): Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data(stream gauge,monitoring well,aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP-UPL
Absolute Dominant Indicator
Tree Stratum (Plot size: 30 ) %Cover Species? Status Dominance Test worksheet:
1. Prunus serotina 20 Yes FACU Number of Dominant Species
2. Carya glabra 30 Yes FACU That Are OBL, FACW,or FAC: 3 (A)
3. Oxydendrum arboreum 20 Yes UPL Total Number of Dominant
4. Pinus strobus 20 Yes FACU Species Across All Strata: 8 (B)
5. Percent of Dominant Species
6. That Are OBL, FACW,or FAC: 37.5% (A/B)
7. Prevalence Index worksheet:
90 =Total Cover Total%Cover of: Multiply by:
50%of total cover: 45 20%of total cover: 18 OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x 2= 0
1. Lindera benzoin 10 Yes FAC FAC species 55 x 3= 165
2. Euonymus americanus 10 Yes FAC FACU species 110 x 4= 440
3. Carya glabra 5 No FACU UPL species 20 x 5= 100
4. Acer rubrum 5 No FAC Column Totals: 185 (A) 705 (B)
5. Prevalence Index =B/A= 3.81
6. Hydrophytic Vegetation Indicators:
7. _1 -Rapid Test for Hydrophytic Vegetation
8. _2-Dominance Test is>50%
9. _3-Prevalence Index is:53.0'
30 =Total Cover 4-Morphological Adaptations'(Provide supporting
50%of total cover: 15 20%of total cover: 6 data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 ) _Problematic Hydrophytic Vegetation' (Explain)
1. Microstegium vimineum 30 Yes FAC 'Indicators of hydric soil and wetland hydrology must be
2. Mitchella repens 10 No FACU present,unless disturbed or problematic.
3. Ce/astrus orbiculatus 10 No FACU Definitions of Four Vegetation Strata:
4. Polystichum acrostichoides 5 No FACU Tree-Woody plants,excluding vines,3 in. (7.6 cm)or
5. more in diameter at breast height(DBH), regardless of
6 height.
7. Sapling/Shrub-Woody plants,excluding vines, less
8. than 3 in. DBH and greater than or equal to 3.28 ft
9 (1 m)tall.
10. Herb-All herbaceous(non-woody)plants, regardless
11. of size,and woody plants less than 3.28 ft tall.
55 =Total Cover Woody Vine-All woody vines greater than 3.28 ft in
50%of total cover: 28 20%of total cover: 11 height.
Woody Vine Stratum (Plot size: 15 )
1. Celastrus orbiculatus 10 Yes FACU
2.
3.
4.
5.
Hydrophytic
10 =Total Cover Vegetation
50%of total cover: 5 20%of total cover: 2 Present? Yes No X
Remarks:(Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont-Version 2.0

SOIL Sampling Point: DP-UPL
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) % Types Loc2 Texture Remarks
0-3 10YR 4/2 100 Loamy/Clayey
3-12 2.5Y 4/3 100 Loamy/Clayey
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators: Indicators for Problematic Hydric Soils3:
_Histosol(Al) _Polyvalue Below Surface(S8)(MLRA 147, 148) _2 cm Muck(A10)(MLRA 147)
_Histic Epipedon(A2) _Thin Dark Surface(S9)(MLRA 147,148) _Coast Prairie Redox(A16)
_Black Histic(A3) _Loamy Mucky Mineral(F1)(MLRA 136) (MLRA 147, 148)
_Hydrogen Sulfide(A4) _Loamy Gleyed Matrix(F2) _Piedmont Floodplain Soils(F19)
_Stratified Layers(A5) _Depleted Matrix(F3) (MLRA 136, 147)
_2 cm Muck(A10)(LRR N) _Redox Dark Surface(F6) _Red Parent Material(F21)
_Depleted Below Dark Surface(A11) _Depleted Dark Surface(F7) (outside MLRA 127,147, 148)
_Thick Dark Surface(Al2) _Redox Depressions(F8) _Very Shallow Dark Surface(F22)
_Sandy Mucky Mineral(S1) _Iron-Manganese Masses(F12)(LRR N, _Other(Explain in Remarks)
_Sandy Gleyed Matrix(S4) MLRA 136)
_Sandy Redox(S5) _Umbric Surface(F13)(MLRA 122, 136) 3Indicators of hydrophytic vegetation and
_Stripped Matrix(S6) _Piedmont Floodplain Soils(F19)(MLRA 148) wetland hydrology must be present,
Dark Surface(S7) Red Parent Material(F21)(MLRA 127, 1479 148) unless disturbed or problematic.
Restrictive Layer(if observed):
Type:
Depth(inches): Hydric Soil Present? Yes No X
Remarks:
ENG FORM 6116-4-SG,JUL 2018 Eastern Mountains and Piedmont—Version 2.0

Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
10
Daily Total
30-Day Rolling Total
30-Year Normal Range
202 - 9-25
s 2 20-08-26
Ln
6
U l
4
1100, 020-07-27 V\,j
I
2
0 —n UE� I ul-nP- -1 li -n- 1 FiLm-� -qrJl -11111 S L jil
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2021 2021
Coordinates 35.471500, -82.522058 30 Days Ending 301h %ile (in) 701" %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product
Observation Date 2020-09-25 2020-09-25 2.738583 5.168898 8.03937 Wet 3 3 9
Elevation (ft) 2165.79 2020-08-26 3.587402 6.411418 8.429134 Wet 3 2 6
Drought Index (PDSI) Extreme wetness 2020-07-27 3.191732 5.133858 2.858268 Dry 1 1 1
WebWIMP H2O Balance Wet Season Result Wetter than Normal - 16
Figure and tables made by the
Antecedent Precipitation Tool
Version 1.0
Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent)
ASHEVILLE RGNL AP 35.4319, -82.5375 2117.126 2.871 48.664 1.432 11352 90
Written by Jason Deters
U.S.Army Corps of Engineers

Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network
8
Daily Total
30-Day Rolling Total
30-Year Normal Range
7
202 -09-07
6
5
U n 20 2-08 0
r r-�
4
3 n �n
2022-10-07
2
1
0 - H n nH afl—d 0
Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb
2022 2022 2022 2022 2022 2022 2022 2022 2022 2022 2023 2023
Coordinates 35.471500, -82.522058 30 Days Ending 301h %ile (in) 701" %ile (in) Observed (in) Wetness Condition Condition Value Month Weight Product
Observation Date 2022-10-07 2022-10-07 2.524016 4.485827 1.791339 Dry 1 3 3
Elevation (ft) 2165.79 2022-09-07 3.015354 6.304725 6.767717 Wet 3 2 6
Drought Index (PDSI) Mild drought 2022-08-08 2.637795 5.789764 4.165354 Normal 2 1 2
WebWIMP H2O Balance Wet Season Result Normal Conditions - 11
Figure and tables made by the
Antecedent Precipitation Tool
Version 1.0
Weather Station Name Coordinates Elevation (ft) Distance (mi) Elevation A Weighted A Days (Normal) Days (Antecedent)
ASHEVILLE RGNL AP 35.4319, -82.5375 2117.126 2.871 48.664 1.432 11353 90
Written by Jason Deters
U.S.Army Corps of Engineers

Appendix B:
Threatened and Endangered Species
Review and Habitat Assessment Report

Mountain Housing Opportunities
Approximately 7 Acres
Buncombe County, NC
Threatened and Endangered Species Review and Habitat Assessment
Prepared For:
Mr. Aaron Green
Mountain Housing Opportunities, Inc.
64 Clingman Avenue, Suite 101
Asheville, NC 28801
Prepared By
CLearWaLer
An EnviroScience Companyp
145 7t" Avenue W
Suite B
Hendersonville, NC 28792
June 30, 2022

Table of Contents
1.0 INTRODUCTION .................................................................................................................. 2
2.0 METHODOLOGY ................................................................................................................. 2
3.0 HABITAT CLASSIFICATION................................................................................................ 3
3.1 Mixed Pine-Hardwood Forest............................................................................................ 3
3.2 Bottomland Forest............................................................................................................. 4
3.3 Swamp Forest-Bog Complex............................................................................................ 4
3.4 Streams............................................................................................................................. 5
3.5 Soils................................................................................................................................... 5
4.0 PROTECTED SPECIES....................................................................................................... 5
4.1 Appalachian Elktoe ........................................................................................................... 5
4.2 Bald Eagle......................................................................................................................... 6
4.3 Bog Turtle.......................................................................................................................... 7
4.4 Gray Bat............................................................................................................................ 7
4.5 Mountain Sweet Pitcher Plant........................................................................................... 8
4.6 Northern Long-eared Bat.................................................................................................. 9
4.7 Rock Gnome Lichen.......................................................................................................... 9
4.8 Virginia Spiraea............................................................................................................... 10
5.0 CONCLUSION AND RECOMMENDATIONS..................................................................... 10
6.0 REFERENCES................................................................................................................... 12
List of Tables
Table 1: US Fish and Wildlife Service IPaC - Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
List of Figures
Figure 1: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: NCCGIA Aerial Imagery Map
Figure 4: NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data
Appendix B: Photolog

1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species survey and habitat assessment for the proposed approximately 7-acre project known
as Mountain Housing Opportunities. The study area occupies an undeveloped, partially
forested tract (PIN #965415130300000) south of Heywood Road, in Asheville, Buncombe
County, North Carolina (Figure 1). The site ranges in elevation from 2,164 feet to 2,190 feet
above mean sea level (MSL) (Figure 2).
The threatened and endangered species survey was conducted to determine the occurrence
of or the potential for existence of federally listed threatened and endangered animal and
plant species, in addition to the bald eagle, within the study area (Figure 3). Completion of
this survey was directed by and complies with three current state and federal regulations: the
Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina
Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant
Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22).
2.0 METHODOLOGY
The protected species survey and habitat assessment was conducted on June 13, 2022, on
the approximately 7-acre project by ClearWater, an EnviroScience Company (ClearWater)
to determine the potential for occurrences of animal and plant species listed as endangered
or threatened by current federal regulations.
An official species list was obtained through the US Fish and Wildlife Service (FWS)
Information and Planning and Consultation (IPaC) on June 06, 2022. This species list
provides existing data concerning the presence or potential occurrence of threatened or
endangered species in the defined project boundary (Appendix A). The FWS lists six
federally threatened and endangered species, in addition to the bald eagle and bog turtle
(threatened due to similar appearance), as occurring or potentially occurring in the project
boundary.
Table 1. FWS IPaC generated Official Species List for federally protected species listed as
potentially occurring within the project boundary.
Common Name Scientific Name Status
Appalachian elktoe Alasmidonta raveneliana Endangered
Bald Eagle Haliateetus leucocephalus BGPA'
Bog Turtle Clemmys muhlenbergii Threatened'
Gray bat Myotis grisescens Endangered
Mountain sweet pitcher plant Sarracenia rubra ssp.jonesii Endangered
Northern long-eared bat Myotis septentrionalis Threatened
Rock gnome lichen Gymnoderma lineare Endangered
Virginia spiraea Spiraea virginiana Threatened
Protected by the Bald and Golden Eagle Protection Act.
'Threatened due to similar appearance; not subject to Section 7 consultation.
A database search from the NC Natural Heritage Program (NHP) dated June 06, 2022,
provided existing data concerning the presence or potential occurrences of federal and state
listed species in Buncombe County, North Carolina within one mile of the site (Appendix A).
Clearwater,an EnviroScience Company Page 2
Project#16403 Mountain Housing

The NHP database lists three (3) element occurrences (EO) of threatened or endangered
species within a one-mile radius of the project boundary. The NHP report list one EO for gray
bat, one EO for northern long-eared bat, and one EO for bald eagle. All three EOs are listed
as "E", indicating that they still exist and have been verified recently. The project site is just
over one mile away from the French Broad River and likely overlaps with the buffers of the
EOs listed above.
During pedestrian field surveys conducted by ClearWater biologists, site habitats were
identified and compared with recognized habitats for the eight federally protected species
that USFWS IPaC identified as potentially occurring on the site. Potential flora were identified
to the taxonomic unit level necessary to determine if the observed specimen was a protected
species.
3.0 HABITAT CLASSIFICATION
The project site covers approximately 7 acres and is located southeast of Lake Julian. The
project site is bordered by Heywood Road to the north, a gas station and Hendersonville
Road to the east, a medical supply company campus to the west, and an undeveloped,
forested parcel to the south. The project site primarily mixed pine-hardwood forest and
contains emergent wetlands, Powell Creek (Lake Julian; Class C), and multiple small
unnamed tributaries to Powell Creek.
During our site visit on June 13, 2022, ClearWater Biologists identified four habitats within
the project boundary: mixed pine-hardwood forest, bottomland forest, swamp forest-bog
complex, and stream. A general overview of the site and descriptions of each habitat type
are included below.
3.1 Mixed Pine-Hardwood Forest
The mixed-pine-hardwood forest habitat occupies most of the project site. The
overstory is dominated by white pine (Pinus strobus), Tulip poplar (Liriodendron
tulipifera), and red maple (Acer rubrum). Additional tree species observed include
sourwood (Oxydendrum arboreum), Virginia pine (Pinus virginiana), northern red
oak (Quercus rubra), American holly (Ilex opaca), umbrella magnolia (Magnolia
tripetala), white oak (Quercus alba), pignut hickory (Carya glabra), and American
hornbeam (Carpinus caroliniana).
The shrub and sapling stratum is moderately dense and dominated by spicebush
(Lindera benzoin). Additional understory species observed include Chinese privet
(Ligustrum sinense), pignut hickory, northern red oak, white pine, sourwood,
Chinese wisteria (Wisteria sinensis), and Japanese barberry (Berberis thunbergii).
The herbaceous layer was moderately dense and dominated by Christmas fern
(Polystichum acrostichoides), Japanese stiltgrass (Microstegium vimineum), and
New York fern (Thelypteris noveboracensis). Additional species observed include
Chinese privet, Virginia creeper (Parthenocissus quinquefolia), Multiflora rose
(Rosa multiflora), Oriental bittersweet (Celastrus orbiculatus), poison ivy
(Toxicodendron radicans), Jack-in-the-pulpit (Arisaema triphyllum), spicebush,
wineberry (Rubus phoenicolasius), Lilium sp., common violet (Viola odorata),
creeping Charlie (Glechoma hederacea), yellowroot (Xanthorhiza sp.), blackberry
(Rubus sp.), white wood aster (Eurybia divaricata), twisted stalk (Streptopus
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amplexifolius), whorled loosestrife (Lysimachia quadrifolia), white rattlesnake root
(Prenanthes alba), kudzu (Pueraria montana), pokeweed (Phytolacca decandra),
and bedstraw (Gallium sp.).
Additionally, the northern extent of the mixed pine-hardwood forest borders
Heywood Road. This forest edge was observed to be disturbed and dominated by
kudzu and pokeweed.
3.2 Bottomland Forest
The bottomland forest habitat occupied the area between the mixed pine-
hardwood forest and the unnamed tributaries and wetlands. The dominant trees in
this habitat are red maple and Tulip poplar. Additional overstory species include
black cherry (Prunus serotina), sweetgum (Liquidambar styraciflua), and black
walnut (Juglans nigra).
The shrub and sapling stratum was dominated by spicebush. Additional species
observed include tag alder (Alnus incana), Viburnum sp., white ash (Fraxinus
americana), and autumn olive (Elaeagnus umbellate).
The herbaceous layer is dominated by golden ragwort(Packera aurea),jewelweed
(Impatiens capensis), deer-tongue grass (Dichanthelium clandestinum), and
porcelain berry (Ampelopsis brevipedunculata). Additional herbaceous species
observed include softrush (Juncus effusus), burdock (Arctium), false garlic
(Nothoscordum sp.), multiflora rose (Rosa multiflora), smartweed (Persicaria sp.),
forget-me-not (Myosotis sp.), muscadine (Vitis rotundifolia), poison ivy, Virginia
creeper (Parthenocissus quinquefolia), sweetgum, sallow sedge (Carex lurida),
Japanese stiltgrass, Chinese silvergrass (Miscanthus sinensis), hay scented fern
(Dennstaedtia punctilobula), tall goldenrod (Solidago gigantea), leafcup (Polymnia
sp.), wingstem (Verbesina alternifolia), Christmas fern, cutleaf coneflower
(Rudbeckia laciniata), Cryptotaenia sp., and creeping buttercup (Ranunculus
repens).
3.3 Swamp Forest-Bog Complex
Wetlands occur adjacent to most of the unnamed tributaries within the project
boundary. Saturation and surface water is common throughout the wetlands, and the
soils are typically mucky mineral. The species observed in the tree stratum include
red maple and black gum (Nyssa sylvatica).
The shrub and sapling stratum was dominated by silky dogwood (Corpus amomum).
Additional species observed in the shrub and sapling stratum included Chinese
privet, red maple, and black gum.
The dominant herbaceous species include Japanese stiltgrass, arrow arum
(Peltandra sp.),forget-me-not,fowl mannagrass (Glyceria striata), and green bulrush
(Scirpus atrovirens). Additional herbaceous species observed in the emergent
wetland include Canadian nettle (Laportea canadensis), soft rush, poison ivy, sallow
sedge, boneset (Eupatorium perfoliatum), Allegheny monkey flower (Mimulus
ringens),jumpseed (Persicaria virginiana), silky dogwood, English ivy(Hedera helix),
swamp aster (Symphyotrichum puniceum), tear-thumb (Persicaria sagittata),
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Bermuda grass (Cynodon dactylon), poverty rush (Juncus tenuis), hog peanut
(Amphicarpaea bracteata), golden ragwort, Carex gynandra, common water plantain
(Alisma sp.), creeping buttercup, Carex vulpinoides, jewelweed, water hemlock
(Cicuta sp.), cardinal flower (Lobelia cardinalis), cinnamon fern (Osmundastrum
cinnamomeum), and smartweed.
3.4 Streams
Powell Creek (Lake Julian; Class C) and multiple small tributaries to Powell Creek
flow through the project site. Powell Creek tends to braid through the wetland
complex. The streams were typically 4-6 feet wide on average and were relatively
slow-flowing. The substrate primarily consisted of coarse sand-to-fine gravel with
some silt. The banks of the streams varied from moderately incised, near the
norther boundary of the project site, to very shallow where the streams flow
through the swamp forest-bog complex.
The banks of the streams were typically dense with vegetation. The dominant
species observed include deer-tongue grass, kudzu, multiflora rose, golden
ragwort, muscadine, and jewelweed. Additional vegetation observed growing on
the stream banks include Christmas fern, tulip poplar, red maple, tag alder, forget-
me-not, cutleaf coneflower, poison ivy, Japanese stiltgrass, silky dogwood,
Chinese privet, and creeping buttercup.
3.5 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Buncombe
County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2021).
Table 2. USDA Soil Units occurring within the project boundary.
Map Unit Symbol Map Unit Name
CSC Clifton sandy loam, 8-15% slopes
CsD Clifton sandy loam, 15-30% slopes
FrA French loam, 0-3% slopes, occasional flooding
Ux Urban land
W Water
4.0 PROTECTED SPECIES
The following is a brief description of each federally listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species.
4.1 Appalachian Elktoe
Federally listed as endangered,the Appalachian elktoe(Alismidonta raveniliana) has
a thin but not fragile, kidney-shape shell, reaching up to about 3.2 inches in length,
1.4 inches in height, and 1.0 inch wide (Clarke 1981). Juveniles generally have a
yellowish-brown periostracum (outer shell surface) while the periostracum of the
adults is usually dark brown to greenish-black in color. Although rays are
prominent on some shells, particularly in the posterior portion of the shell, many
individuals have only obscure greenish rays. The shell nacre (inside shell surface)
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is shiny, often white to bluish-white, _
changing to a salmon, pinkish, or
brownish color in the central and beak
cavity portions of the shell; some
specimens may be marked with
irregular brownish blotches (adapted
from Clarke 1981). Only two
populations of the species are known to
survive. The healthiest of these
populations exists in the main stem of
the Little Tennessee River between
Emory Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in
Swain County, North Carolina. The second population occurs in the Nolichucky
River system. The Appalachian elktoe has been reported from relatively shallow,
medium-sized creeks and rivers with cool, well-oxygenated, moderate- to fast-
flowing water. It has been observed in gravelly substrates often mixed with cobble
and boulders, in cracks in bedrock, and occasionally in relatively silt-free, coarse,
sandy substrates (Department of the Interior 1994).
Suitable habitat for Appalachian elktoe is not present within the study area. The
streams within the project site are typically characterized with slow-moving/partially
stagnant (near the wetlands) water that contain moderate amounts of silt and no
cobble and/or boulders. It is the opinion of ClearWater that the proposed project is
not likely to adversely affect Appalachian elktoe.
4.2 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently. Bald
and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and
the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles
are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet.
Sometimes confused with golden eagles, bald eagles are mostly dark brown until
they are four to five years old and acquire their characteristic coloring.
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
rivers, and some seacoasts. In winter, the birds congregate near open water in
tall trees for spotting prey and night roosts for sheltering.
Based on a desktop review using 2019 aerial imagery, potentially suitable feeding
sources for bald eagles were identified within a 1-mile radius of the project site.
Bald eagles typically nest within 1-mile of suitable feeding sources. The project site
is located within 1-mile of Lake Julian.
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Due to small size of the stream within the size and lack of potentially suitable
feeding sources within the project site, it is the opinion of ClearWater that the
proposed project is not to disturb nesting bald eagles.
4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is
federally listed as threatened in North Carolina. '' Z
This is the smallest emydid turtle, and one of the
smallest turtles in the world. Adult carapace
r
length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The .�, � ' " �•� �
dark brown or black carapace may be marked
with radiating light lines or a light blotch on the P
vertebral and pleural scutes. Scute annuli are �`'�'�
usually prominent in juvenile and young adult
specimens, but the carapace may be nearly
smooth in old adults. The head, neck, and limbs
are typically dark brown with variable reddish to yellow spots and streaks. A large
reddish-orange to yellow blotch is visible behind and above each tympanum,
sometimes merging into a continuous band on the neck. The upper jaw is weakly
notched. The plastron is brown or black, but often with lighter yellow blotches
towards the medial and anterior scute edges. A mature male bog turtle has a
concave plastron and a long, thick tail, with the vent posterior to the rear edge of
the carapace with tail extended. The female has a flat plastron and a thinner,
smaller tail, with the vent at or beneath the rear carapace edge.
The southern population of the bog turtle, ranging from southern Virginia to
northern Georgia, is also protected with a threatened designation because its
physical appearance is similar to the northern population. The southern bog turtle
population is separated from the northern population by approximately 250 miles.
However, individual bog turtles in the southern population closely resemble
individuals in the northern bog turtle population, causing difficulty in enforcing
prohibitions protecting the northern population. Therefore, the FWS has
designated the southern population as "threatened (similarity of appearance)."
This designation prohibits collecting individual turtles from this population and bans
interstate and international commercial trade. It has no effect on land management
activities of private landowners in southern states where the bog turtle lives.
Potentially suitable habitat for bog turtle was found on site. The emergent wetlands
within the project boundary have uneven surface relief. Additionally, these
wetlands exhibit long term saturation and contain pockets of surface water. The
wetlands are part of a larger wetland and stream complex, connecting multiple
emergent wetlands. However, the northern population of bog turtle does not occur
in North Carolina.Additionally, no Testudines were observed within the project site.
It is the opinion of ClearWater that the proposed project is not likely to adversely
affect the northern bog turtle.
4.4 Gray Bat
The gray bat (Myotis grisescens) is the largest member of its genus in the eastern
United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It
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is easily distinguished from all other bats https://fw.ky.gov/Wildlife/Pages/Gray-Bat.aspx
within its range by its mono-colored fur. All
other eastern bats have distinctly bi-or tri-
colored fur on their backs. Following molt in _
July or August, gray bats are dark gray, but `
they often bleach to chestnut brown ors..
russet between molts (especially apparent
in reproductive females during May and
June). The wing membrane connects to the .
foot at the ankle rather than at the base of
the first toe, as in other species of Myofis. Gray bats roost in caves year-round.
Most winter caves are deep and vertical; all provide large volume below the lowest
entrance and act as cold air traps. A much wider variety of cave types are used
during spring and fall transient periods. In summer, maternity colonies prefer caves
that act as warm air traps or that provide restricted rooms or domed ceilings that
are capable of trapping the combined body heat from thousands of clustered
individuals.
No naturally occurring suitable habitat (caves) for the gray bat was observed on
this site. It is of the opinion of ClearWater that the project is not likely to adversely
affect gray bat.
4.5 Mountain Sweet Pitcher Plant
Mountain sweet pitcher plant (Sarracenia rubra
ssp. jonesii) is a carnivorous perennial herb with :�.T :�c
tall, hollow pitcher-shaped leaves and red sweet-
smelling flowers. The hollow leaves contain liquid
and enzymes. When insects fall into the pitchers,
they are digested and the nutrients are
incorporated into the plant's tissues. The ;
evolutionary role of carnivory in such plants is noty
fully understood, but some evidence indicates that
absorption of minerals from insect prey may allow
carnivorous species to compete in nutrient-poor
habitats. The unusual red flowers (yellow in rare
cases) appear from April to June, with fruits ripening in August. Flowering plants
reach heights of 29 inches. Very little specific information is available on the
biology of the mountain sweet pitcher plant. Like other pitcher plants, it has
rhizomes that are probably long-lived and capable of persisting and reproducing
vegetatively for decades without producing seedlings.
Potentially suitable habitat for the mountain sweet pitcher plant was not observed
on site. No mountain bogs are present. The survey was conducted during the
USFWS designated optimal survey window for the mountain sweet pitcher plant
(April-October), and no members of the Sarracenia genus were observed on site.
It is the opinion of ClearWater that the proposed project is not likely to adversely
affect mountain sweet pitcher plant.
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4.6 Northern Long-eared Bat
The Northern long-eared bat (NLEB)
(Myotis septentrionalis) is a medium-
sized bat about 3 to 3.7 inches in length
but with a wingspan of 9 to 10 inches. As
its name suggests, this bat is
distinguished by its long ears,
particularly as compared to other bats in 'v its genus, Myotis, which are actually bats `
noted for their small ears (Myotis means
mouse-eared). The NLEB is found
across much of the eastern and north central United States and all Canadian
provinces from the Atlantic coast west to the southern Northwest Territories and
eastern British Columbia. NLEBs spend winter hibernating in caves and mines,
called hibernacula. They typically use large caves or mines with large passages
and entrances; constant temperatures; and high humidity with no air currents.
Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose
bark of live or dead trees typically greater than three inches DBH (diameter at
breast height).
No naturally occurring suitable wintering habitat for the NLEB exists within the
project boundary. Potentially suitable summer habitat for NLEBs was observed on
site in the form of mature trees, rock outcrops, and large snags in the mixed pine-
hardwood forest and the bottomland forest habitats.
ClearWater consulted the FWS's maps of North Carolina counties that contain
confirmed hibernation or maternity sites for NLEB. Buncombe County is not known
to contain hibernacula or maternity roosts. Therefore, this project satisfies the 4(d)
rule and consultation with US Fish and Wildlife Service (USFWS) is not required.
However, on March 23, 2022, the USFWS published a proposal to reclassify NLEB
as endangered. The USFWS is ordered to complete their new final listing
determination for NLEB by November 2022. If NLEB is reclassified as endangered,
the current 4(d) rule for NLEB would be removed. This may result in new
consultation requirements with USFWS and lead to stricter limitations on tree
clearing during the bats active season (April 1 to October 31). If this change is
made, then tree clearing will likely have to occur November 1 to March 31. We
recommend limiting tree clearing activities to November 1 to March 31 as a
voluntary conservation measure.
4.7 Rock Gnome Lichen
Federally listed as an endangered species, rock gnome lichen (Gymnoderma
lineare) occurs on rocks in areas of high humidity either at high elevations (usually
vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at
lower elevations. Distinguishing characteristics include dense colonies of narrow
(.04 inch) straps that are blue-grey on the upper surface and generally shiny-white
on the lower surface. Near the base they grade to black (the similar species of
Squamulose cladonias are never blackened toward the base). Fruiting bodies are
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borne at the tips of the straps and are black
(similar Cladonia species have brown or red r
fruiting bodies). Flowering occurs July
through September.
Suitable habitat for this species was not t,
observed within the project boundary. There s
are no rock outcrops within the project site. t
Additionally, the project site occurs at - e
elevations much lower than the typical
elevation of rock gnome lichen habitats. Rock gnome lichen habitat is typically
above 5,000 feet, where clouds or fog provide regular moisture required for
suitable habitat. It is the opinion of ClearWater that the proposed project is not
likely to adversely affect rock gnome lichen.
4.8 Virginia Spiraea
Virginia spiraea (Spiraea virginiana) is an
federally listed as an endangered species. t °
It occurs along rivers and streams and relies
on periodic disturbances, such as high- t
velocity scouring floods, which eliminate
competition from trees and other woody °
vegetation.
Virginia Spiraea is a perennial shrub with
many branches. It grows 3 to 10 feet(ft) (0.9
— 3.0 meters; m) tall. The alternate leaves are single-tooth serrated, 1 - 6 inches
(in) (2.5 — 15.2 centimeters; cm) long and 1 to 2 inches (2.5 - 5 cm) wide;
occasionally curved; and have a narrow, moderately tapered base. The leaves are
also darker green above than below. The plant produces flowers that are yellowish
green to pale white, with stamens twice the length of the sepal. It blooms from May
through early July, but flower production is sparse and does not begin until after
the first year of establishment.
Potentially suitable habitat for the Virginia Spiraea was not observed on site. The
banks of the unnamed tributaries are not subject to high velocity scour and are
dense with shrubs and herbaceous vegetation. No members of the Spiraea genus
were observed on site. The survey was conducted during the USFWS designated
optimal survey window for Virginia Spiraea (May- early July). It is the opinion of
ClearWater that the proposed project is not likely to adversely affect Virginia
spiraea.
5.0 CONCLUSION AND RECOMMENDATIONS
During the threatened and endangered species survey and habitat assessment for the
Mountain Housing Opportunities project, ClearWater observed potentially suitable habitat
for bog turtle and potentially suitable summer habitat for NLEB.
The northern population of bog turtle does not occur in North Carolina; therefore, bog turtle
is not likely to be adversely affected by project activities. Based on the project location, this
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project satisfies the 4(d) rule for NLEB and consultation with US Fish and Wildlife Service
(USFWS) is not required under the current rules.
Potential flora were identified to the taxonomic unit level necessary to determine if the
observed specimen was a protected species.
It is the opinion of ClearWater that the development of the Mountain Housing project is not
likely to adversely affect federally protected species listed as potentially occurring within the
project boundary.
Because of the transitory nature of some of the listed threatened and endangered species
and the particular flower/fruiting periods of some plants; it is possible that endangered
species populations and locations may change over time. Therefore, any potential findings
at a later date should be fully investigated and coordinated with appropriate agencies to
prevent potential adverse impacts.
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6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2022. Accessed June 2022.
NCWRC. 2022. Appalachian Elktoe Distribution.
https://www.ncwild life.org/Learning/Species/Mollusks/Appalachian-Elktoe#3017843-
distribution; Accessed June 2022.
NRCS (Natural Resources Conservation Service). 2022. Web Soil Survey for Buncombe
County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed
June 2022.
USFWS. 1992. Virginia Spiraea (Spiraea virginiana Britton) Recovery Plan. Newton Corner,
Massachusetts. 47 pp.
USFWS. 1997. Gray Bat Factsheet. Accessed June 2022.
USFWS. 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans)
Yoshimura and Sharp. Atlanta, GA. 30 pp.
USFWS. 2007. Bald Eagle Fact Sheet. Accessed June 2022.
USFWS. 2011. Bog Turtle Fact Sheet. Accessed June 2022.
USFWS. 2011. Mountain Sweet Pitcher Plant Fact Sheet. Accessed June 2022.
USFWS. 2011. Rock Gnome Lichen Fact Sheet. Accessed June 2022.
USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service:
Bald Eagle Protection Act of 1940. https://www.fws.gov/laws/lawsdigest/baldeql.html.
Accessed June 2022.
USFWS. 2022. Appalachian Elktoe. https://www.fws.gov/species/appalachian-elktoe-
alasmidonta-raveneliana; Accessed June 2022.
USFWS. 2019. Bog Turtle. https://www.fws.gov/northeast/nvfo/es/boqturtle.htm; Accessed June
2022.
USFWS. 2022. Critical Habitat Interactive Mapper.
https://www.arcgis.com/home/webmap/viewer.html?url=https://services.arcqis.com/QVEN
GdaPbd4LUkLV/ArcGIS/rest/services/USFWS Critical Habitat/FeatureServer&source=s
d. Accessed May 2022.
USFWS. 2022. NLEB Occupied HUC 12 in North Carolina. Interactive Web Map. Accessed June
2022.
https://fws.maps.arcqis.com/apps/mapviewer/index.html?webmap=l 8378e31684a4d0c8
96611a1df14d935
USFWS Information, Planning, and Consultation System. 2022. https://ecos.fws.gov/ipac
Accessed June 2022.
USFWS Midwest Region. 2015. Northern Long-eared Bat Fact Sheet. Accessed June 2022.
USFWS Asheville Ecological Services Field Office. 2022. Optimal Survey Windows for North
Carolina's Federally Threatened, Endangered, and At Risk Plants.
https://www.fws.gov/story/2022-03/north-carolinas-federally-threatened-endangered-and-
risk-plant-species; Accessed June 2022.
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Figures

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Hendersonville,North Carolina 28792 Figure 4

Appendix A:
US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data

Roy Cooper,Governor
■ ■
�■ NC DEPARTMENT OF D.Reid Wilson,Secretary
■■ ■■ NATURAL AND CULTURAL RESOURCES
a ■ Misty Buchanan
Deputy Director,Natural Heritage Program
NCNHDE-18184
June 6, 2022
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, INC 28792
RE: Mountain Housing ; 16403
Dear ClearWater Environmental Consultants, Inc.:
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database indicates that
there are no records for rare species, important natural communities, natural areas, and/or
conservation/managed areas within the proposed project boundary. Please note that although there
may be no documentation of natural heritage elements within the project boundary, it does not
imply or confirm their absence; the area may not have been surveyed. The results of this query
should not be substituted for field surveys where suitable habitat exists. In the event that rare
species are found within the project area, please contact the NCNHP so that we may update our
records.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one-mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile
radius of the project area, if any, are also included in this report.
If a Federally-listed species is found within the project area or is indicated within a one-mile radius of
the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for
guidance. Contact information for USFWS offices in North Carolina is found here:
https://www.fws.ciov/offices/Di rectory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally-
listed species are documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod nev.butler(a)ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
iJEw'Ak 1 hiEN i G_& NAi UkAL A,'JG"'Li UkAL kESCi0k :.ES
0 1:1`ti IONEti STREET.RALEIGH.NC 27603 • 1651 MAIL SERVICE CENTER.RALEIGH.NC 27699
OFC 919 707 9120 • FAX [phone]

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area
Mountain Housing
Project No. 16403
June 6, 2022
NCNHDE-18184
Element Occurrences Documented Within a One-mile Radius of the Project Area
Taxonomic EO ID Scientific Name Common Name Last Element Accuracy Federal State Global State
Group Observation Occurrence Status Status Rank Rank
� Date Rank i
Bird 41452 Haliaeetus Bald Eagle 2021-Spring E 2-High Bald/Golden Threatened G5 S3B,S3
leucocephalus Eagle N
Protection
Act
Dragonfly or 33442 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very --- Significantly G5 S1S2
Damselfly Low Rare
Mammal 40577 Myotis grisescens Gray Bat 2019-10-05 E 2-High Endangered Endangered G3G4 S1
Mammal 32144 Myotis septentrionalis Northern Long-eared 2001 E 4-Low Proposed Threatened G2G3 S2
Bat Endangered
No Natural Areas are Documented Within a One-mile Radius of the Project Area
Managed Areas Documented Within a One-mile Radius of the Project Area
Managea Area INITTI Owner Owner Type
City of Asheville - Jake Rusher Park City of Asheville Local Government
City of Asheville Open Space City of Asheville Local Government
Definitions and an explanation of status designations and codes can be found at https://ncnhde.natureserve.orq/help. Data query generated on June 6,2022;source: NCNHP, Q1,April 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

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Managed Area (MAREA)
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'r NLS, OS, NMA, Geodataslyrelsen Ryks—terstsal GSA Gedand FEh1A
Inlermap and the GIS user community
Sources. Esn, HERE. Garmin FAO. NOAA. USGS. ® OpenStreetMap
contnbutors and the GIS User Community
Page 3 of 3

t 1b17 R N'IILu�t.
a77fVM7:
United States Department of the Interior
J
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville,NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: June 06, 2022
Project Code: 2022-0050492
Project Name: Mountain Housing Project 16403
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service)under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended(16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project.A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

06/06/2022 2
activities that are caused by the proposed action.A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws.gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at-risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-
related impacts.Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
■ USFWS National Wildlife Refuges and Fish Hatcheries
■ Migratory Birds
■ Wetlands

06/06/2022 1
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

06/06/2022 2
Project Summary
Project Code: 2022-0050492
Event Code: None
Project Name: Mountain Housing Project 16403
Project Type: Commercial Development
Project Description: Project is a 7 acre lot to conduct a threatened and endangered species
survey.
Project Location:
Approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.4719592,-82.52370687084382,14z
A rd
Counties: Buncombe County, North Carolina

06/06/2022 3
Endangered Species Act Species
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile:https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population:U.S.A.(GA,NC, SC,TN,VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile:https:Hecos.fws.gov/ecp/species/6962
Clams
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species.The location of the critical habitat is not available.
Species profile:https:Hecos.fws.gov/ecp/species/5039

06/06/2022 4
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9743
Flowering Plants
NAME STATUS
Mountain Sweet Pitcher-plant Sarracenia rubra ssp.jonesii Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/4283
Virginia Spiraea Spiraea virginiana Threatened
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/1728
Lichens
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/3933
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

06/06/2022 1
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

06/06/2022
Migratory Birds
Certain birds are protected under the Migratory Bird Treaty Act!and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location.To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to
This is not a Bird of Conservation Concern(BCC)in this area,but warrants attention Aug 31
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
htWs:Hecos.fws.gov/ecp/species/1626
Bobolink Dolichonyx oryzivorus Breeds May 20
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31
and Alaska.

Appendix B:
Photolog

al
00
ro.
�O 28 ti
-k
y. wt 1 z
_W Jill-
"• a* a: ~'

6
�'t �`�A 1tr�.��`:P�3 �'l� i�Pa � I t.-% n ��i�X{•�t'�
h ` F1 °r y, 1I
to
(i r rS f t 7,
k` yl a OUN
T4fNRK` 1. I�tlp.�niv+L. � 1 .=� i�.,.,; Y��`.1=•.
Al
s�,l♦ �'�Ati� �t 1 K�;tj r jl�t ��} t ► �f �d a�' �/'" _t, ky .
�e `,P�;41t1 �ld��
it �t1, ��h,"^�,,, �; y+ �J x � 1'•
Photo W. Typical view of swamp forest-bog complex habitat.
I ,tip a ,
� F�
Mpg no
1
a� � m
Yr .
yy o s Y
fir+ �}r�a�.r ��� _ � � � ���� � ,,•
Photo 4*. Typical view of the unnamed tributaries within the project site.
*Photo date stamp error. T&E review and habitat assessment was conducted on June 13, 2022.

Appendix C:
Updated Fish and Wildlife Service
PAC (Beta) Documents:
Official Species List (4/21/23)
NLEB DKey / Consistency Letter (4/21/23)

11y11♦NIW/Ifl
•77n'N'f
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville,NC 28801-1082
4A
Phone: [phone] Fax: [phone]
In Reply Refer To: April 21, 2023
Project Code: 2023-0001943
Project Name: Lakeshore Villas
Subject: List of threatened and endangered species t�=ay c in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened endangered, proposed at candidatespecies, as
P � g � P P
well as proposed and designated critical habitat that may occur within the boundary of your
proposed project and/or may be affected by proposed project. The enclosed species list
fulfills the requirements of the U.S. FA and fe Servic Veer section 7(c) of the
Endangered Species Act (Act) of 103, as amended (16 U. ).
Please note that new species iiormatio change your offici 'accuracy
cies list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, t e of this species list
should be verified after 90 days.The Service recoil tends yowisit the ECOS-IPaC website at
regular intervals during project pla*ng and imoementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of th A o p ide a means wherebyetreatened and endangered species and the
ecosystems upo hi h pend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its i m n gulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their es arry out programs for the conservation of threatened and endangered
species a o det whether projects may affect threatened and endangered species and/or
design . 'cal ha itat.
A biological asse sment(BA) or biological evaluation (BE) should be completed for your
project.A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act(42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

04/21/2023 2
activities that are caused by the proposed action.A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
htt s://www.fws. ov/office/asheville-ecolo ical-services/asheville-field-office- ine-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habita ay be affected
by the proposed project, the agency is required to consult with the`Service purS ant to 50 CFR
402. The Service is not required to concur with "no effect" deterl' nations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at-risk species be adddrossed within the consultation. More
information on the regulations and procedures for section TChnsultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: htt s://www.fws. ov/media/endan er s ecies-consultation-
handbook.
AW
Migratory Birds: In addition to responsibilities t otect eatened and endangered species
under the Act, there are additional responsibilities under th Migratory Bird Treaty Act(MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project-
related impacts.Any activity, intentionaltr unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service150 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEP an be found at the
following web link: htt s://www. ov/ ro ram/mi rat birds.
We appreciate your considerion of Fede y listed species. The Service encourages Federal
agencies to include consery of threatened and endangered species in their project planning
to further the purposes of lease contact our staff at 828-258-3939, if you have any
questions. In any futur rrespon a concer4ing this project, please reference the
Consultation Code w can be found in the header of this letter.
y
Attachment(s): ,
• Official Species List
■ USF S National Wildlife Refuges and Fish Hatcheries
■ Birds
■ ;Mry
s

04/21/2023 1
OFFICIAL SPECIES LIST This list is provided pursuant to Section 7 of the Endangered Species Act, arAlfills the
requirement for Federal agencies to "request of the Secretary of the Interi infof-mation whether
any species which is listed or proposed to be listed may be present in the area of a Vosed
action".
This species list is provided by:
Asheville Ecological Services Field Office C)
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

04/21/2023 2
PROJECT SUMMARY
Project Code: 2023-0001943
Project Name: Lakeshore Villas
Project Type: Residential Construction
Project Description: proposed HUD residential development
Project Location: -
The approximate location of the project can be viewed in Googl aps: ht
www.google.com/maps/035.47193265,-82.5235970602466 z
Counties: Buncombe County, NortANa

04/21/2023 3
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your pr ' ct`d could include
species that exist in another geographic area. For example, certain fish ma appear or�the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sol risdict' of NOAA
Fisheriesl, as USFWS does not have the authority to speak on b if and the
Department of Commerce.
See the "Critical habitats" section below for those critical b at holly or partially
within your project area under this office's jurisdiction. P on e designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the Nation ies Service (NMFS), is an
office of the National Oceanic and Atmosp is Ad istration within the Department of
Commerce.
MAMMALS
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designate i cies.
Species profile:htt s://ecos.fws. ov/ec /s 6329
Northern Long-eared Bat Myotis septentrio alis Endangered
No critical habitat has been designated for this species.
Species profile:htt s:Heco s. ov/ /s ecies/9045
Tricolored Bat PerimyfflK sub flavus Proposed
No critical habitat hays been designated for this species.0 Endangered
Species profile:htt s:Hecos.fws.gov/ecp/species/10515
REPTILES
NAME STATUS
Bog Tu mmysl�luhlenbergii Similarity of
Pop do (GA,NC, SC,TN,VA) Appearance
No critical habffllrhas been designated for this species. (Threatened)
Species profile:https:Hecos.fws.gov/ecp/species/6962

04/21/2023 4
CLAMS
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species.Your location does not overlap the critical h t.
Species profile:https://ecos.fws.gov/ecp/species/5039
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Mountain Sweet Pitcher-plant Sarracenia rubra s on Endangered
No critical habitat has been designated for this species.
Species profile:https:Hecos.fws.gov/ecp/species/4283
Virginia Spiraea Spiraea virginiana Threatened
No critical habitat has been designated for this cies
Species profile:htt s:Hecos.fws. ov/ec /s ecie
LICHENS
NAME STATUS
Rock Gnome Lichen Gymno a lineare Endangered
No critical habitat has been d ted for this species.
Species profile:htt s://eco s. /s ecies/3933
CRITICAL HA A
THERE ARE NO CjT AB TS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STI�L REQUIRED-WO DETERMINE IF YOUR PROJECT(S)MAY HAVE EFFECTS ON ALL
ABOVE LIS SPECIES.

04/21/2023 1
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

04/21/2023 1
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Act2.
Any person or organization who plans or conducts activities that may sult in imp�Cs to
migratory birds, eagles, and their habitats should follow appropriate ulatio nd consider
implementing appropriate conservation measures, as described Belo
1. The Migratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern eit ecause they occur on the
USFWS Birds of Conservation Concern (BCC?list or wa rant special attention in your
project location.To learn more about the levels df concern fbr bAyoa3y
ur list and how this
list is generated, see the FAQ below. This is vet list of eAry bir find in this location,
nor a guarantee that every bird on this listwill be found in your p . To see exact
locations of where birders and the general pulWl�rsighted birarpund your project
area, visit the E-bird data mapping tool Tip: your location, desired date range and a species
on your list). For projects that occur he Atlantic Coast, additional rr�s and models detailing
the relative occurrence and abunda e o 'rd species on your list ar�ailable. Links to
additional information about Atlantic birds, and other important information about your
migratory bird list, including to prop interpr 'and use your migratory bird report, can be
found below.
For guidance on whe�Wtoe
NbDird
ivities or i eme voidance and minimization measures
to reduce impacts to n your lis ick o e PROBABILITY OF PRESENCE
SUMMARY at the t of t to see when th are most likely to be present and
breeding in your o ea.
BREEDING
NAME SEASON
Bald Eagletali cocephalus Breeds Sep 1 to
This is not a Bird o servation Concern(BCC)in this area,but warrants attention Aug 31
becise of agle Act or for potential susceptibilities in offshore areas from certain types
of developme ctivities.
https://ecos.fws.gov/ecp/species/1626
Bobolink Dolichonyx oryzivorus Breeds May 20
This is a Bird of Conservation Concern(BCC)throughout its range in the continental USA to Jul 31
and Alaska.

�ENt Ot nfuf►N u,W i
Qpe' � Fa mn-►
United States Department of the Interior
FISH AND WILDLIFE SERVICE
4j4Rc"' �w> Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville,NC 28801-1082
Phone: [phone] Fax: [phone]:J
In Reply Refer To: April 21, 2023
Project code: 2023-0001943
Project Name: Lakeshore Villas tAo
Federal Nexus: yes
Federal Action Agency (if applicable): Army Corps of Engineers
Subject: Technical assistance for'Lakes Vil as'
Dear Tyson Kurtz: 4r
This letter records your determination using the Information for Planning an Consultation
(IPaC) system provided to the U.S. Fish and Wildlife Servic ice) on April 21, 2023, for
'Lakeshore Villas' (here forward, Project). This project has4bpn assigned Project Code
2023-0001943 and all future correspondence should clearly 7eference this number. Please
carefully review this letter r EndanWed Specips Act (Act) requirements are not
complete.
Ensuring Accurate Determinations When Using IPaC
The Service developoinalysis.
system and ass ted s ies'determination keys in accordance
with the Endangereof 1973 (ESA; 84, as amended; 16 U.S.C. 1531 et
seq.) and based on a s All information submitted by the Project proponent into
the IPaC must accuratelnt the full scope and details of the Project. Failure to
accurately represent otetermination
plement the Project as detailed in IPaC or the Northern Long-
eared Bat Rangewide Key (Dkey), invalidates this letter.
Determination for the Northern Long-Eared Bat
Based on your IPaC submission and the standing analysis for the Dkey, your project has reached
the determination of"May Affect" the northern long-eared bat.
Next Steps
Your action may qualify for the Interim Consultation Framework for the northern long-eared bat.
To determine if it qualifies, review the Interim Consultation Framework posted here https:
www.fws.gov/library/collections/interim-consultation-framework-northern-long-eared-bat. If you

04/21/2023 IPaC Record Locator: 990-106602133 2
determine it meets the requirements of the Interim Consultation Framework, follow the
procedures outlined there to complete section 7 consultation.
If your project does not meet the requirements of the Interim Consultation Fr ework, please
contact the Asheville Ecological Services Field Office for further coordina ' this project.
Further consultation or coordination with the Service is necessary for tho pe r designated
critical habitats with a determination of"May Affect".
Other Species and Critical Habitat that May be Present in the AConAr)e ,The IPaC-assisted determination for the northern long-eared the following
ESA-protected species and/or critical habitat that also may o Action area:
■ Appalachian Elktoe Alasmidonta raveneliana EndteL<r7J;*'#
■ Bog Turtle Clemmys muhlenbergii Similarity of A (Threatened)
■ Gray Bat Myotis grisescens Endangered
■ Monarch Butterfly Danaus plexippus Candidate
■ Mountain Sweet Pitcher-plant Sarracenia rubra ssp.jonesii Endangered
■ Rock Gnome Lichen Gymnoderma lineare Endangered
■ Tricolored Bat Perimyotis sub flavus roposed Endangered
■ Virginia Spiraea Spiraea virginian ned
You may coordinate with our Offic de ine whether e cause prohibited take
of the species listed above.

04/21/2023 IPaC Record Locator: 990-106602133 3
Action Description
You provided to IPaC the following name and description for the subject Action.
1. Name
Lakeshore Villas
2. Description IWWN
The following description was provided for the project 'Lakeshore Vi s':
proposed HUD residential development
The approximate location of the project can be viewed in Google A: s://
www.google.com/maps/@35.47193265,-82.5235970602466,14z
.1 q
s �+
d
- Y4

04/21/2023 IPaC Record Locator: 990-106602133
DETERMINATION KEY RESULT
Based on the answers provided, the proposed Action is consistent with a determination of "may
affect" for the Endangered northern long-eared bat (Myotis septentrionaly.
QUALIFICATION INTERVIEW
1. Does the proposed project include, or is it reasonably certain t Cause,)intional take of
the northern long-eared bat or any other listed species?
Note: Intentional take is defined as take that is the intended result of a project!Int nal take could refer to
research,direct species management,surveys,and/or studies tha Jude intenti 1 handling/encountering,
harassment,collection,or capturing of any individual of a fed ted threatened,endangered or proposed
species?
No
2. Do you have post-white nose syndrome occurrence data that indicates that northern long-
eared bats (NLEB) are likely to be present i e action area?
Bat occurrence data may include identific n of NLEBs i ke
capture of
NLEBs, tracking of NLEBs to roost trees, or confirmed acoustns.With this
question, we are looking for data that, for s me reason, ay have of yet been made
available to U.S. Fish and Wi dlife Service
No `
3. Does any component o e action 4 Ive consVuction or operation of wind turbines?
Note:For federal actions,answer`yes'if the construction or operatio f wind power facilities is either(1)part
of the federal action or(2•)would not IVcur but for federal agency action(federal permit,funding,etc.).
No
4. Is the propose;1n
a orized, permitted, licensed, funded, or being carried out by a
Federal ag r in part?
Yes
5. Is the Federal Hi_vay Administration (FHWA), Federal Railroad Administration (FRA),
or Federal Transit Administration (FTA) funding or authorizing the proposed action, in
hole o&in part?
No

04/21/2023 IPaC Record Locator: 990-106602133 5
6. Are you an employee of the federal action agency or have you been officially designated in
writing by the agency as its designated non-federal representative for the purposes of
Endangered Species Act Section 7 informal consultation per 50 CFR § .08?
Note:This key may be used for federal actions and for non-federal actions to facilit 7 consultation and
to help determine whether an incidental take permit may be needed,respectively.Thi questi r information
purposes only.
No
7. Is the lead federal action agency the Environmental Protes&n A) or Federal
Communications Commission (FCC)? Is the Environm P ectlon Agency(EPA) or
Federal Communications Commission (FCC) funding iz' the proposed action,
in whole or in part?
No
8. Have you determined that your proposed action will have no effect on the northern long-
eared bat? Remember to consider the effects of=activities that would not occur but for
the proposed action.
If you think that the northern long-eared bat may b ffected by r project or if you
would like assistance in deciding, answer ' elow and rough the key. If you
have determined that the northern long-ear does not occur in project's action
area and/or that your project will have no effects whats ver on th species despite the
potential for it to occur in thSction area, you may a ` o e t" determination for
the northern long-eared bat.Note:Federal agencies(or de -federal representatives)must consult with USFWS on federal
agency actions that may a isted species[50 CFR 402.14(a)]. Co ultation is not required for actions that will
not affect listed species ri itat.Therefore,�this determinatilkey will not provide a consistency or
verification letter for actions that v7Wot affect listed species.Iling,
u believe that the northern long-eared bat may
be affected by your projec�you would like assistance in de please answer"No"and continue through
the key.Remember that this key addresses only effects 7TIRPRorthern long-eared bat.Consultation with USFWS
would be reIN
d if your,action may affect another listed species or critical habitat.The definition of Effects of
the Action c nd ere:https://www.fws.gov/media/northern-long-eared-bat-assisted-determination-key
selected-definiti s
No
9. Does the action area contain any caves (or associated sinkholes, fissures, or other karst
futures), mines, rocky outcroppings, or tunnels that could provide habitat for hibernating
northern long-eared bats?
No
10. Does the action area contain or occur within 0.5 miles of(1) talus or(2) anthropogenic or
naturally formed rock crevices in rocky outcrops, rock faces or cliffs?
No

04/21/2023 IPaC Record Locator: 990-106602133
11. Is suitable summer habitat for the northern long-eared bat present within 1000 feet of
project activities?
(If unsure, answer "Yes.")
Note: If there are trees within the action area that are of a sufficient size to be potent' or bats(i.e.,live
trees and/or snags>_3 inches(12.7 centimeter)dbh),answer"Yes".If unsure,addition 1 infor defining
suitable summer habitat for the northern long-eared bat can be found at:htt s:// s. ov/me ia/northern-
long-eared-bat-assisted-determination-key-selected-definitions
Yes ki
12. Will the action cause effects to a bridge?
No
13. Will the action result in effects to a culvert or tunn*s
4
No
14. Does the action include the intentional exclus' orJWn long-eared bats from a
building or structure?
Note:Exclusion is conducted to deny bats'entry or ee ilding.To l ffective and to avoid harming
bats,it should be done according to established standls.If your action includes bat exclusion and you are
unsure whether northern long-eared bats ar sent,ansAWYes."Answer"No"if tare no signs of bat use
in the building/structure.If unsure,contact o U.S.Fish and Wildlife Services Ological Services Field
Office to help assess whether northe ared bats may be prese�ntact a Ntance Wildlife Control
Operator(NWCO)for help in how clu, bats from a struct afely without causing harm to the bats(to
find a NWCO certified in bat standar earch the Internet using th searti"National Wildlife Control
Operators Association bats"). so see the White-Nose Syndrome Response Team's guide for bat control in
structures
No
15. Does the action ' lve rem 1, modification, or maintenance of a human-made structure
(barn, house, t e ding) known or suspected to contain roosting bats?
No
16. Will the a 0n ausk construction of one or more new roads open to the public?
For federal action answer `yes'when the construction or operation of these facilities is
either (1) part of t e federal action or (2) would not occur but for an action taken by a
federal ency (federal permit, funding, etc.).
No
17. Will the action include or cause any construction or other activity that is reasonably certain
to increase average daily traffic on one or more existing roads?
Note:For federal actions,answer`yes'when the construction or operation of these facilities is either(1)part of
the federal action or(2)would not occur but for an action taken by a federal agency(federal permit,funding,
etc.). .
No

04/21/2023 IPaC Record Locator: 990-106602133 7
18. Will the action include or cause any construction or other activity that is reasonably certain
to increase the number of travel lanes on an existing thoroughfare?
For federal actions, answer `yes'when the construction or operation of these facilities is
either (1) part of the federal action or (2) would not occur but for action taken by a
federal agency (federal permit, funding, etc.).
No
19. Will the proposed action involve the creation of a new water-oFompliant)?
inant source
(e.g., leachate pond pits containing chemicals that are not
No
20. Will the proposed action involve the creation of a new point sourAdischarge from a
facility other than a water treatment plant or stormtvater system?
No
21. Will the action include drilling or blasting?
No
22. Will the action involve military training (e. ok eration bscurant operations,
exploding munitions, artillery fire, range u ter or fixe ng aircraft use)?
No 1.4 6W A Q
23. Will the proposed action involve the use of herbicides or pesticides o er than herbicides
(e.g., fungicides, insecticides, or rodenticides)?
No 4 4%#
24. Will the action include or cause Iti ties that ark seasonably certain to cause chronic
nighttime noise in suit summeritat for the northern long-eared bat? Chronic noise
is noise that is conti or occurs repeat e y again and again for a long time.
Note:Additional inf tion defim suitable sum er habitat for the northern long-eared bat can be found at:
htt s://www.fws. me ' ern-lon -eared-bat-assisted-determination-ke -selected-definitions
No '
25. Does the AoaInc%Oil
, r is it reasonably certain to cause, the use of artificial lighting
within 1000 feet of4pitable northern long-eared bat roosting habitat?
Note:Additional Wrmation defining suitable roosting habitat for the northern long-eared bat can be found at:
htt s:// fws. ov/media/northem-lon -eared-bat-assisted-determination-ke -selected-definitions
Yes
26. Will the action use only downward-facing, full cut-off lens lights (with same intensity or
less for replacement lighting)
when installing new or replacing existing permanent lights? Or for those transportation
agencies using the Backlight, Uplight, Glare (BUG) system developed by the Illuminating
Engineering Society, will all three ratings (backlight, uplight, and glare)be as close to zero
as is possible, with a priority of "uplight" of 0?
Yes

04/21/2023 IPaC Record Locator: 990-106602133 8
27. Will the action direct any temporary lighting away from suitable northern long-eared bat
roosting habitat during the active season?
Note:Active season dates for northern long-eared bat can be found here:https://www.4—Ov/media/inactive-
season-dates-swarming-and-staging-areas. I
Yes
28. Will the action include tree cutting or other means of knockin wn or inging down
trees, tree topping, or tree trimming?
Yes
29. Does the action include emergency cutting or trimming of hazard tries in order to remove
an imminent threat to human safety or property? See hazard tree note at the bottom of the
key for text that will be added to response letters 44
Note:A"hazard tree"is a tree that is an immediate threat to lives,public health and safety,or improved property
and has a diameter breast height of six inches or greate
No
30. Are any of the trees proposed for cutting or othe s of kno ng down, bringing
down, topping, or trimming suitable for northern ong-eared bat Costing (i.e., live trees
and/or snags >_3 inches dbh that hate exfoliating bark, cracks, crevices, and/or cavities)?
Yes VF
t
31. [Semantic] Does your projec er a k�i6wn sens'ti fo e northern long-eared
bat?
Note:The map queried for uestion cont s proprieta cannot be displayed.If you need
additional information,pl ontact your state a enc orIUSFIZd office
Automatically answer
Yes

04/21/2023 IPaC Record Locator: 990-106602133 9
PROJECT QUESTIONNAIRE
Enter the extent of the action area (in acres) from which trees will be removed- round up
to the nearest tenth of an acre. For this question, include the entire area ere tree removal
will take place, even if some live or dead trees will be left standing.
4.5
In what extent of the area in acres will trees be cut knocked d or trimm d during the
inactive hibernation season for northern long-eared bat? Note active SAPn dates fors rin
sta in fall swarminp,areas can be found here:https://www.fws.gov/media/i ates-swarmin -and-
staging-areas
4.5
In what extent of the area (in acres)will trees be cut,-knocked do t, or trimmed during the
active (non-hibernation) season for northern long-*red bat? Note: Inactive Season dates for
spring staging/fall swarming areas can be found here:https://www.fws.gov/media/inactive-season-dates-
swarming-and-staging-areas
0
Will all potential northern long-eared bat (NLEB) roos trees (tr s >_3 inches diameter at
breast height, dbh)be cut, knocked, or brought down from any ion of the action area
greater than or equal to 0.1 acre? If all NLEB roost trees will be removed from multiple
areas, select `Yes'if the cumulative extent AWe areas meets or excwds 0.1 acre.
Yes h
Enter the extent of the actio a ( cres) from which all potential NLEB roost trees will
be removed. If all NLEB roo ill be removed from multiple areas, entire the total
extent of those areaskacr
Round up t earest tenth of an acre.
4.5 _
For the area fromntial northern long-ear at (NLEB) roost trees will be
removed, on how nound tot earest to th of an acre)will trees be allowed
to regrow? En 0' entire area fro which all potential NLEB roost trees are
removed will o or otherwise converted to non-forest for the foreseeable future.
0
Will any snags (stajoing dead trees) >_3 inches dbh be left standing in the area(s) in which
4nhern long-eared bat roost trees will be cut, knocked down, or otherwise brought
p ct activities by completed by April 1, 2024?
Yes

04/21/2023 IPaC Record Locator: 990-106602133 10
IPAC USER CONTACT INFORMATION
Agency: CLearWater
Name: Tyson Kurtz
Address: 145 7th Avenue West
Address Line 2: Suite B
City: Hendersonville
State: NC
Zip: 28792
Email [e-mail]
Phone: [phone]
LEAD AGENCY CONTACT INFORM
Lead Agency: Army Corps of Engineers