20231276 Ver 1_7_Mountain_WQC_NCDEQ_09.18.2023_20230918

CLearWaLer
An EnviroScience CompanyO
C1earWater Environmental Consultants, Inc.
www.cwenv.com
September 18, 2023
Mr. Paul Wojoski
NC DWR, 401 Permitting & Buffer
Unit 512 N. Salisbury Street, 9th
Floor Raleigh, North Carolina 27604
RE: 7 Mountain Estates (+/- 37.3 Ac)
Nationwide Permit 29, PJD, and Individual Water Quality Certification Request
Buncombe County, North Carolina
Dear Mr. Wojoski,
The attached Pre -Construction Notification (PCN) and Preliminary Jurisdictional Determination
(PJD) request is being submitted on behalf of 7 Mountain Estate, LLC; represented by Dominik
Goertz. The project site is approximately 37.27-acres and is comprised of Buncombe County
parcel 979633129800000. The site is located just north of Burleson Branch Road, Barnardsville
in Buncombe County, North Carolina (35.795253,-82.400758). The primary stream bisecting
this site is Burleson Creek, a WS-II HQW.
The current applicant is seeking a Nationwide Permit 29 and corresponding individual water
quality certification for wetland and stream impacts associated with replacement/
installation of stream culverts, a retaining wall, driveway development, and regrading of the
former timber road within this tract. The following permit application was submitted to Ms.
Shannon Healy of the US Army Corps of Engineers on September 11, 2023.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information.
Sincerely,
C-;� c�
Emily Tarsa
Biologist
R. Clement Riddle
Senior Scientist
145 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW — -
1. Project Name: 7 Mountain
2. Work Type: Private FV] Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose:
NWP 29 and PJD request for a +/- 37.27 acre tract in Buncombe County, NC.
4. Property Owner /Applicant:
7 Mountain Estate LLC; represented by Dominik Goertz
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 on a tract of land (PIN 979633129800000; 35.7952537-82.400758) in
Barnardsville, Buncombe County, North Carolina.
S. Project Location - Tax Parcel ID: 979633129800000
9. Project Location —County: Buncombe
10. Project Location —Nearest Municipality or Town : Barnardsville
11. Project Information —Nearest Waterbody: Burleson Creek (WS-11; HQW)
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 Fv-(] Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 29
❑ Regional General Permit #
0 Jurisdictional Determination Request
❑ Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20210513

From:
Clement Riddle
To:
401PreFile( dea.nc.aov
Subject:
7 Mountain Prefile
Date:
Thursday, August 17, 2023 10:44:00 AM
Attachments:
imaae002.pna
imaae004.wa
Please fill out the following information:
Project Name: 7 Mountain
County: Buncombe
Applicant Name: 7 Mountain Estate, LLC — Dominik Goertz
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.
THIS MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE INDIVIDUAL
OR ENTITY TO WHOM IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,
CONFIDENTIAL, AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. If the reader of this
message is not the intended recipient, or the employee or agent responsible for delivering the
message to the intended recipient, you are hereby notified that you have received this message in
error and that any review, dissemination, distribution, or copying of this communication is strictly
prohibited.
Clement Riddle
CLearWater
An EnviroScience Company 0
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Office: 828-698-9800 ext. 301
Mobile: [phone]
clementCcDcwenv.com VVVWV.CWENV.COM
V\NM.EnviroSciencelnc.COM
OH I TN I VA I WV I NC Ingim

CLea _ er
�An Enviro5cience COMPanY®
Department of the Army
Wilmington District, Corps of Engineers
Attn: Tommy Fennel, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Paul Wojoski
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
Clearwater Environmental Consultants, an EaviroScience cnmpany, to act on my behalf as nay
agent during the processing of jurisdictional determination requests and pen -nits to impact Wetlands
and Water of the US subj ect 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 1999.
7 Mountains Estate, LLC
Property Owner of Record:
2256 First Street
Property Owner Address:
Fort Myers, FL 33901
239--791-0000
Phone Number:
dominik@meta—grpJcom
Email address:
Burleson Bran,4i Rd, Barn3irds
Property Location:
OwnerlManagingpartner Signature:
Domi ik U"tsertz
owner/Managing printed name:
Date:
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone-828-698-9900
www.cwenv.com

®Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
979633129800000 7 MOUNTAIN ESTATE LLC Total Appraised Value
NORTH FORK RD 1323 CORDOVA AVE, FORT MYERS, FL, $898,900
33901
KEY INFORMATION
Zoning
OU Neighborhood R8XX
Land Use Code
UNDEVELOPED TRACT Municipality
Fire District
FBA Special District
Present Use
Appraisal Area
Zachary Price [phone] [e-mail]
Exemption
Legal Description Deed date: 2022-03-16 Deed: 6196-904 SubDiv: SEVEN MOUNTAINS Block: Lot: Section: Plat: 0041-0074
Plat Reference
41 74
ASSESSMENT DETAILS
Land Value
$898,900
Building Value
$0
Features
$0
Total Appraised
$898,900
Value
Deferred Value
$0
Exempt Value
$0
Total Taxable
$898,900
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
OPEN USE UNDEVELOPED TRACT 309.76 acres R8XX $898,900 NO
BUILDING INFORMATION
IS THE BUILDING INFORMATION ON YOUR PROPERTY RECORD CARD CORRECT?
Please confirm that the information below is correct for all buildings, via the 'Confirm property record card data is correct' button.
If any of the information is incorrect on any building please report the changes via the 'I want to update my property record'
button for the building that needs to be updated.
Confirm Property Record Card Data is correct.
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE
03/16/2022 $1,800,000
VALID SALE BOOK/PAGE DEED INSTRUMENT
Not Qualified 6196-904 WDT
VALUE CHANGE HISTORY

DATE OF VALUE EFFECTIVE TAX
CHANGE YEAR
2021-02-01 00:00:00 2021
RECENT PERMIT ACTIVITY
PERMIT DATE
No items to display
APPEALS
No recent appeal information
REASON FOR CHANGE
RAPP REAPPRAISAL
NOTICE
PERMIT TYPE
LAND BUILDING
VALUE VALUE
$898,900 $0
PERMIT STATUS
No Photo Available
FEATURES NEW
VALUE VALUE
$0 $898,900
Data last updated: 08/17/2023

0 wilww`C
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
1d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
7 Mountain
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Barnardsville
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:
7 Mountain Estate LLC
3b.
Deed Book and Page No.
See attached property data
3c.
Responsible Party (for LLC if
applicable):
7 Mountain Estate LLC; represented by Dominik Goertz
3d.
Street address:
2256 First Street
3e.
City, state, zip:
Fort Meyers, FL 33901
3f.
Telephone no.:
239-791-0000
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:
Emily Tarsa
5b.
Business name
(if applicable):
ClearWater Environmental Consultants, an EnviroScience Company
5c.
Street address:
145 7th Avenue W; Suite B
5d.
City, state, zip:
Hendersonville, NC 28792
5e.
Telephone no.:
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):
979633129800000
1 b.
Site coordinates (in decimal degrees):
Latitude: 35.795253 Longitude:-82.400758
1c.
Property size:
37.27 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Burleson Creek
2b.
Water Quality Classification of nearest receiving water:
WS-II; HQW
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 encompasses an existing dirt road extending from Burleson Branch Road through a largely forested tract. A stream bisects and
branches through the site, and crosses the road at several points through preexisting culverts and storm pipes. The surrounding land use is a mixture
of low density residential and commercial properties.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.045
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,310
3d. Explain the purpose of the proposed project:
Authorize stream impacts for road crossings and wetland impacts for a regrading/retaining former timber road.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Additional Information following the PCN form.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
roject includin all rior hases in the ast?
❑ Yes ❑X No ❑ Unknown
Comments: pJD request is included in Appendix B.
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known):
Agency/Consultant Company:
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 B.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑Yes ❑ No ❑X Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
X❑ Yes ❑ No
6b. If yes, explain.
See additional information following the PCN form.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.002
W2 P
Fill
Headwater Wetland
No
Corps
0.001
W3 P
Fill
Headwater Wetland
No
Corps
0.001
W4 P
Fill
Headwater Wetland
Yes
Corps
0.003
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.007
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
Burleson Creek
PER
Corps
2.8
10
S2 T
Culvert
unnamed tributary
PER
Corps
3.1
14
S3 P
Choose one
unnamed tributary
PER
Corps
3.1
4
S4 T
Choose one
Burleson Creek
PER
Corps
2.8
31
S5
Choose one
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
59
3i. Comments:
Permanent impacts to acres of stream bed (total = 0.004 acres): S1 = 0.002 AC; S3 = 0.002 AC
Temporary impacts to acres of stream bed (total = 0.003 acres): S2 = 0.001 AC; S4 = 0.002 AC
Page 4of10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D.
Impact Justification and Mitigation
1.
Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See additional information following PCN form.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Appropriate erosion and sediment control measure will be implemented to avoid
unintended impacts to waters on site. Culverts will be installed in the dry (See Appendix A for details).
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6of10
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?
2 77 %
2b.
Does this project require a Stormwater Management Plan?
❑Yes ❑X No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
The
percent imperviousness of the proposed project falls below the 12% impervious standard for a WS-II watershed.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
Buncombe County
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑X 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
❑X HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑X No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1a.
Does the project involve an expenditure of public (federal/state/local) funds or the
El Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑Yes ❑No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
[-]Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
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.
Individual
home sites will have septic systems installed for the treatment of wastewater.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
DYes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Additional Information following the PCN form and Appendix C.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed August 17, 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 X❑ No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See Additional Information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panels: 3700979600J (eff. 10/2/08). See Figure 5.
Emily Tarsa
L G
9.8.23
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

PCN Form Additional Information
Section B.3e Project Description - Details
The proposed project seeks to update an existing timber road to improve access throughout the
parcel. The existing timber road crosses Burleson Creek and its tributaries and has existing
culverts and stormwater drainage pipes at those crossings. The project proposes to widen the
road, establish retaining walls to secure the road, and replace culverts to improve access
throughout the property. Further, the project proposes to widen the former logging roads to create
driveways that access low -density residential lots.
The construction updates to the timber road will involve two (2) permanent and two (2) temporary
stream impacts associated with stream crossings. Stream crossings will involve the removal of
old culverts, regrading the road, installing retaining walls, and replacing culverts with HDPE
culverts that will be installed with the grade of the slope and flush with the stream bed. Two
additional stream crossings are proposed with the widening of a driveway on the southern end of
the site, but no new stream impacts are anticipated due to preexisting culverts in these locations
(Appendix A, Figure 1). Areas in which the timber road crosses the stream and no impacts are
proposed are due to pre-existing culverts and suitable road grade that do not necessitate culvert
replacement.
Installation of new culverts and extension of existing culverts will occur in the dry (Appendix A).
Approximately 16 acres of tree clearing will occur during this project. Typical construction
equipment will be used on site including bulldozers, excavators, dump trucks, etc.
Section B.6b Future Project Plans — Explanation
The new, proposed residential development will be pursued in 2 phases. Impact plans for
improving access via the former timber road and constructing driveways to individual residential
lots are the subject of this permit application. The home footprints are already designated for each
lot and driveway access is along former logging roads. Development plans for phase 2, in the
southern corner of the property, are highlighted in Appendix A, Figure 2. The timing of future
phases is currently unknown. Impacts associated with phase 2 development will be permitted
appropriately and those permits will reference the action identification number of the present
phase 1 permit, if needed.
Section D.la Avoidance and Minimization - Design
The project design avoids permanent impacts to 0.038 acres of wetlands (84% of wetlands on
site). Permanent stream impacts will be limited to 14 LF. Given that the road and culverts are
preexisting on site, the current proposed project is the most practicable design that will minimize
impacts rather than constructing new roads or stream crossings elsewhere on site.
Section F.5d Endangered Species and Designated Critical Habitat — Sources
A threatened and endangered species review and habitat assessment is included in Appendix C.
In summary, potentially suitable summer habitat for the northern long-eared bat (NLEB) is present
in the forested areas on -site. Potentially suitable summer habitat for the tricolored bat is also
present in the forested areas; however, this species is not formally listed at this time and no formal
management guidelines are in place. Due to the limited tree clearing on -site (former timber road
already established, minimal additional tree clearing), it is the opinion of ClearWater that

development of this site may affect but is not likely to adversely affect the NLEB or the tricolored
bat. ClearWater recommends that tree clearing at this site be conducted between October 15 -
March 31 to minimize impacts to the tricolored bat and NLEB.
No suitable habitat was observed on site for any other federally protected species known to
potentially occur within the vicinity of the project site. Therefore, it is of the opinion of ClearWater
that this project will not adversely affect federally protected species potentially occurring within
the project area.
Section F.7b. Historic or Prehistoric Cultural Resources - Sources
There are no historic sites within a one -mile radius of the project site. One surveyed site is located
near the project site: Davis House; Site ID: BN0354 (Status SO) is located approximately 0.86
miles west of the project site.
Data was gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed August 17,
2023.

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Appendix A:
Stream & Wetland Impact Bulletin
Design Details

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Appendix B:
Preliminary Jurisdictional Determination Request

urisdictional Determination Rea uest
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/Mi ssions/RegulatoryPermitProgram/Contact/CounlyLocator. asps
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
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 I

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Burleson Branch Road
City, State:
Barnardsville, North Carolina
County: Buncombe
Parcel Index Number(s) (PIN): 979633129800000
B. REQUESTOR INFORMATION
Name: ClearWater, an EnviroScience Co.
Mailing Address: 145 7th Avenue W; Suite B
Hendersonville, NC 28792
Telephone Number: 828-698-9800 ext 302
Electronic Mail Address: [e-mail]
Select one:
I am the current property owner.
W] I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: See Attached Aqent 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 Z Authorized Agents
Date
See Attached Agent Authorization
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector 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 project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
LoI intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 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
I W1 Map of Property or Project Area. This Map must clearly depict the boundaries of the
I review area.
W1Size of Property or Review Area 37.27 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
LW]
Project Coordinates (Decimal Degrees): Latitude: 35.795253
Longitude:-82.400758
✓❑ A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ 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. b=://www.saw.usace.army.mil/Missions/Regulatoa-Permit-
Pro eram4misdiction/
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'
FA Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
W] Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
❑ NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Fonn fillable.pdf
' Please see http://www.saw.usace.army.mil/Missions/Regulatoa-Permit-Program/Juiisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project 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 onthe Headquarters USAGE website.
Disclosure: Submission of requested information isvoluntary; 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
A. REPORT COMPLETION DATE FOR PJD:
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: BarnardSVIIIe
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.795253 Long.:-82.400758
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Burleson Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
See
Aquatic Resources Table
Below

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
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑■
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: 1-24,000 Scale Quad: Barnardsville
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ■❑ Aerial (Name & Date): NCGGIA 2019
or ■❑ Other (Name & Date): Photolog
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
9.8.23
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

Table 1. Aquatic Resources
Site
Number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount of aquatic
resource in review area (acreage
and linear feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
wate rs)
Geographic authority to which the
aquatic resource "may be" subject
(i.e., Section 404 or Section 10/404)
SA
35.793721
-82.402399
1761 LF/0.215 ac
Non -wetland
Section 404
SB
35.794146
-82.401925
78 LF/0.005 ac
Non -wetland
Section 404
SC
35.794524
-82.40197
104 LF/0.007 ac
Non -wetland
Section 404
SD
35.799986
-82.399572
81 LF/0.007 ac
Non -wetland
Section 404
SE
35.798999
-82.398001
49 LF/0.002 ac
Non -wetland
Section 404
SF
35.80316
-82.392266
44 LF/0.004 ac
Non -wetland
Section 404
SG
35.800095
-82.394798
66 LF/0.004 ac
Non -wetland
Section 404
SH
35.797359
-82.399241
68 LF/0.004 ac
Non -wetland
Section 404
Si
35.797304
-82.398972
59 LF/0.004 ac
Non -wetland
Section 404
WA
35.794897
-82.401771
0.014 ac
Wetland
Section 404
WB
35.79554
-82.400527
0.002 ac
Wetland
Section 404
WC
35.799704
-82.395065
0.003 ac
Wetland
Section 404
WD
35.79858
-82.394837
0.007 ac
Wetland
Section 404
WE
35.799243
-82.397967
0.012 ac
Wetland
Section 404
WF
35.797298
-82.398797
0.004 ac
Wetland
Section 404
WG
35.800763
-82.396032
0.003 ac
Wetland
Section 404

7 Mountain Estate (+/- 37.27 Ac)
Jurisdictional wetlands and waters identified on this map have been located
within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning
0 1,000 2,000 4,000
Feet
Drawn by
Buncombe County,
North Carolina
CLearWater
An Envlruselence company Q
145 7th Ave West, Suite B
Hendersonville, North Carolina 28792
N
A
Stream and Wetland Delineation Map
Delineated July 13, 2023
and August 25, 2023
Figure 5

U.S. Army Corps of Engineers OMB Control #: 0710xxxx, 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: 7 Mountain City/County: Buncombe Sampling Date: 7/13/23
Applicant/Owner: 7 Mountain Estates LLC State: NC Sampling Point: DP-WET-1
Investigator(s): T. Kurtz & C. Riddle Section, Township, Range: Barnardsville
Landform (hillside, terrace, etc.): Seep/hillside Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): LRR N Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
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:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) _
Hydrogen Sulfide Odor (Cl)
—Drainage Patterns (1310)
X Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
X Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
X FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
Saturation Present? Yes X No
Depth (inches): 1
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-WET-1
Tree Stratum (Plot size: 30 )
1. Acer rubrum
2. Juglans nigra
3.
4.
5.
6.
7.
50% of total cover: 2
Sapling/Shrub Stratum (Plot size: 15 )
1. Rosa multiflora
2.
3.
4.
5.
6.
7.
8.
9.
50% of total cover: 3
Herb Stratum (Plot size: 5 )
1. Carex lurida
2. Packera aurea
3. Asteraceae spp
4. Gallium spp
5. Dichanthelium clandestinum
6. Impatiens spp
7. Urtica dioica
8. Maianthemum dilatatum
9.
10.
11.
50% of total cover: 36
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Absolute
Dominant
Indicator
% Cover
Species?
Status
2
No
FAC
2
No
FACU
4 =Total Cover
20% of total cover: 1
5 Yes FACU
5 =Total Cover
20% of total cover: 1
25 Yes
OBL
20 Yes
FACW
10 No
5 No
5 No
FAC
3 No
3 No
FACU
1 No
72 =Total Cover
20% of total cover: 15
=Total Cover
50% of total cover: 20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 2 (A)
Total Number of Dominant
Species Across All Strata: 3 (B)
Percent of Dominant Species
That Are OBL, FACW, or FAC: 66.7% (A/B)
Total % Cover of: Multiply by:
OBL species 25 x 1 = 25
FACW species 20 x 2 = 40
FAC species 7 x 3 = 21
FACU species 10 x 4 = 40
UPL species 0 x 5 = 0
Column Totals: 62 (A) 126 (B)
Prevalence Index = B/A = 2.03
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
X 3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb -All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine -All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018
Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: DP-WET-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-5 10YR 3/1 100 Muck Rock refusal after 5 inches
Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators:
X Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
X 2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
—Sandy Mucky Mineral(S1)
—Sandy Gleyed Matrix (S4)
_ Sandy Redox (S5)
_Stripped Matrix(S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type: Bedrock
Depth (inches): 5
Remarks:
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions(F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes X No
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: 7 Mountain City/County: Buncombe Sampling Date: 7/13/23
Applicant/Owner: 7 Mountain Estates LLC State: NC Sampling Point: DP-UPL-1
Investigator(s): T. Kurtz & C. Riddle Section, Township, Range: Barnardsville
Landform (hillside, terrace, etc.): Hillside Local relief (concave, convex, none): Slope (%):
Subregion (LRR or MLRA): LRR N Lat: Long: Datum:
Soil Map Unit Name: NWI classification:
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:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
_Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (B16)
_Water Marks (131) _Presence
of Reduced Iron (C4)
_Dry -Season Water Table (C2)
_Sediment Deposits (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 (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
Depth (inches):
Water Table Present? Yes No
Depth (inches):
Saturation Present? Yes No
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-1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
Dominance Test worksheet:
1.
Liriodendron tulipifera
70
Yes
FACU
Number of Dominant Species
2.
Quercus rubra
40
Yes
FACU
That Are OBL, FACW, or FAC: 0 (A)
3.
Tilia americana
25
No
FACU
Total Number of Dominant
4.
Fagus grandifolia
10
No
FACU
Species Across All Strata: 8 (B)
5.
Quercus rubra
10
No
FACU
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 0.0% (A/B)
7.
Prevalence Index worksheet:
155
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
78 20% of total cover:
31
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size: 15
)
FACW species 0 x 2 = 0
1.
Rosa multiflora
25
Yes
FACU
FAC species 0 x 3 = 0
2.
Acer pensylvanicum
20
Yes
FACU
FACU species 260 x 4 = 1040
3.
Carya spp.
20
Yes
UPL species 0 x 5 = 0
4.
Fagus grandifolia
10
No
FACU
Column Totals: 260 (A) 1040 (B)
5.
Acer saccharum
5
No
FACU
Prevalence Index = B/A = 4.00
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 - Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
3 - Prevalence Index is !2.0'
80
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
40 20% of total cover:
16
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: 5 )
-Problematic Hydrophytic Vegetation' (Explain)
1.
Polystichum acrostichoides
25
Yes
FACU
'Indicators of hydric soil and wetland hydrology must be
2.
Parthenocissus quinquefolia
10
Yes
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Maianthemum racemosum 10 Yes FACU
4.
Smilax spp
5
No
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.
50
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
25 20% of total cover:
10
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No X
Remarks: (Include photo numbers here or on a separate sheet.)
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont -Version 2.0

SOIL Sampling Point: DP-UPL-1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-16 10YR 5/4 100 Loamy/Clayey
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
—Sandy Mucky Mineral(S1)
—Sandy Gleyed Matrix (S4)
_ Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions(F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont —Version 2.0

Photo 1: Southern end of stream SA
i
h
'7 � S �;� m,, ,�. ' � ,e . � �` < t mod►
r
Photo 2: Stream SB

Photo 3: DP -WET 1; representative linear wetland
Photo 4: DP -WET 1; representative linear wetland

Photo 5: Stream SD; south side of road
Photo 6: Stream SD with pre-existing culvert/storm drain; north side of road

k
'dr • e +
Tr
t y
r
� 1.'x � ! `''.�i..��F��.s{1e. � � � ,.� r.'.,..w. ` � •,ems � ,.

yam- �� n, - - ! ,.\ '.•.,ga_' S
rSv �, C9 y
j 1 J
ar
IS
V.F
ke
fi�r•.. �� .. •� � - ,,_ S�Y��+�•; �-

Appendix C:
Federally Protected Species Habitat Assessment Report

7 Mountain Estate
Approximately +/- 37.27 Acres
Buncombe County, NC
Preliminary Threatened and Endangered Species Review and Habitat
Assessment
Prepared For
7 Mountains Estate, LLC
2256 First Street
Fort Meyers, FL 33901
Prepared By
CLearWaLer
An Enviro5cience company 19
145 7t" Avenue W
Suite B
Hendersonville, NC 28792
September 7, 2023

Table of Contents
1.0
INTRODUCTION...................................................................................................2
2.0
METHODOLOGY..................................................................................................2
3.0
HABITAT CLASSIFICATION.................................................................................3
3.1
Oak -Hickory Forest............................................................................................3
3.2
Headwater wetland.............................................................................................4
3.3
Riparian buffer.....................................................................................................4
3.6
Soils...................................................................................................................4
4.0
PROTECTED SPECIES.........................................................................................4
4.1
Bald Eage...............................................................................................................
5
4.2
Blue Ridge Goldenrod........................................................................................5
4.3
Bog Turtle...........................................................................................................6
4.4
Carolina Northern Flying Squirrel.........................................................................6
4.5
Gray Bat.............................................................................................................7
4.6
Mountain Sweet Pitcher Plant.............................................................................7
4.7
Northern Long-eared Bat....................................................................................8
4.8
Roan Mountain Bluet..........................................................................................8
4.9
Rock Gnome Lichen...........................................................................................
9
4.10
Spreading avens................................................................................................9
4.11
Tricolored Bat...................................................................................................10
5.0
CONCLUSION AND RECOMMENDATIONS.......................................................11
6.0
REFERENCES....................................................................................................12
List of Tables
Table 1: US Fish and Wildlife Service IPaC - Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
List of Figures
Figure 1:
Site Vicinity Map
Figure 2:
USGS Topographic Map
Figure 3:
Study Area Map
Figure 4:
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 7 Mountain Estate. The project site occupies
approximately 37-acres along a former logging road off Burleson Branch Road in
Barnardsville, Buncombe County, North Carolina (Figure 1). The site ranges in elevation
from approximately 2,800 feet to 4,100 feet above mean sea level (MSL) (Figure 2).
The threatened and endangered species survey was conducted to determine the
occurrence of or the potential for existence of federally listed threatened and endangered
animal and plant species, in addition to the bald eagle, within the study area (Figure 3).
Completion of this survey was directed by and complies with three current state and
federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543),
the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North
Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-
22).
2.0 METHODOLOGY
The protected species surveys and habitat assessment was conducted on July 13, 2023,
on the approximately 29-acre project by ClearWater, an EnviroScience Company
(ClearWater) to determine the potential for occurrences of animal and plant species listed
as endangered or threatened by current federal regulations, in addition to the bald eagle.
An official species list was obtained through the US Fish and Wildlife Service (USFWS)
Information and Planning and Consultation (IPaC) on July 13, 2023, 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 USFWS lists nine
federally threatened and endangered species, in addition to the bald eagle and bog turtle
(threatened due to similar appearance), as occurring or potentially occurring in the project
boundary.
Table 1. USFWS IPaC generated Official Species List for federally protected species
listed as potentially occurring within the project boundary.
Common Name
Scientific Name
Status
Bald Eagle
Heliaeetus leucocephalus
BGPA'
Blue Ridge Goldenrod
Solidago spithamaea
Threatened
Bog turtle
Glyptemys muhlenbergii
Threatened (S/A) 2
Carolina Northern Flying Squirrel
Glaucomys sabrinus coloratus
Endangered
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcher plant
Sarracenia rubra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Roan Mountain Bluet
Hedyotis purpurea var.
montana
Endangered
Rock Gnome Lichen
Gymnoderma lineare
Endangered
Spreading avens
Geum radiatum
Endangered
Tricolored Bat
Perimyotis subflavus
Proposed
Endan ered
' Protected by the Bald and Golden Eagle Protection Act.
2 Threatened due to similar appearance; not subject to Section 7 consultation.
Clearwater, an EnviroScience Company Page 2
Project #18083 — 7 Mountain Estates

A database search from the NC Natural Heritage Program (NHP) dated August 3, 2023,
provided existing data concerning the presence or potential occurrences of federal and
state listed species in Buncombe County, North Carolina within a one -mile radius of the
site (Appendix A).
The NHP indicates no element occurrences (EO) of federal or state listed species within
the project area. Further, no federally listed species were identified as being within one
mile of the project site.
During pedestrian field surveys conducted by ClearWater biologists, site habitats were
identified and compared with recognized habitats for eleven federally protected species
potentially occurring on the site. Potential flora were identified to the taxonomic unit level
necessary to determine if the observed specimen was a protected species.
3.0 HABITAT CLASSIFICATION
During the site visit on July 13, 2023, ClearWater biologists identified three habitats within
the project site: oak -hickory forest, headwater wetland, and riparian buffer. A general
overview of the site and descriptions of each habitat type are included below.
The project site is approximately 29 acres and encompasses a former timber road with
forested habitat surrounding the road. Several streams and linear wetlands cross through
the site via pre-existing culverts and storm drains.
3.1 Oak -Hickory Forest
The oak -hickory forest habitat is the dominant forest type of the project site. This
habitat occupies all forested areas around the former timber road and contains a
mature tree canopy and dense herbaceous layer.
Conditions range from rich cove oak -hickory habitat in the southern section of the
project site, to slightly more acidic oak -hickory forests near the north edge of the
property. In general, the dominant canopy tree species observed are northern red
oak (Quercus rubra), American hornbeam (Carpinus caroliniana), tulip poplar
(Liriodendron tulipifera), beech (Fagus grandifolia), and several species of hickory
(Carya spp.). In the higher elevation sections of the site, white oak (Quercus albs),
white pine (Pinus strobus), black locust (Robinia pseudoacacia), and sassafras
(Sassifras albidum) were also found in the canopy.
The shrub layer is dominated by striped maple (Acer pensylvanicum), common
buckeye (Aesculus flava), witch hazel (Hamamelis virginiana), and patches of
rhododendron (Rhododendron maximum) in the northern sites. The dense herb
stratum is dominated by Christmas fern (Polystichum acrostichoides), hog peanut
(Amphicarpaea bracteata), various Trillium species (Trillium spp.), stinging nettle
(Urtica dioica), roundleaf greenrbrier (Smilax rotundifolia), poison ivy
(Toxicodendron radicans), false Solomon's seal (Maianthemum racemosum), tall
snakeroot (Nabalus latissimus), wood stonecrop (Sedum ternatum), cutleaf
coneflower (Rudbeckia laciniata), bluntleaf waterleaf (Hydrophyllum canadense),
sharp -lobed hepatica (Hepatica acutiloba), and Virginia creeper (Parthenocissus
quiquefolia).
Clearwater, an EnviroScience Company Page 3
Project #18083 — 7 Mountain Estates

3.2 Headwater wetland
Multiple small headwater wetlands are located adjacent to the stream system and
arise from small, linear seeps. These wetlands contain a small tree canopy,
primarily consisting of red maple (Acer rubra) and black walnut (Juglans nigra).
The shrub layer consists of multiflora rose (Rosa multiflora). The herbaceaous
stratum, which is relatively dense, consists of shallow sedge (Carex lurida), golden
ragwort (Packers aurea), jewelweed (Impatiens capensis), deer tongue
(Dichanthelium clandestinum), stinging nettle, various species of aster
(Asteraceae spp.), Gallium spp., and solomon's seal (Maianthemum dilatatum).
3.3 Riparian buffer
The riparian corridor covers the upland woody riparian corridor along the
unnamed tributary and Burleson Creek. These corridors vary between densely
forested overstory and more disturbed, open, bedrock facing streams near the
former timber road. Dominant canopy tree species observed include red maple,
tulip poplar, and hickory species; while multiflora rose is present in the shrub
stratum. The herbaceous layer is dominated by jewelweed (Impatiens capensis),
deer tongue, stinging nettle, Christmas fern, and hog peanut.
3.6 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Henderson
County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2021).
Table 2. USDA Soil Units occurring within the project boundary.
Map
Unit
Symbol
Map Unit Name
AcD
Ashe-Cleveland-Rock outcrop complex, 15 to 30 percent slopes, very stony
ArE
Ashe-Cleveland-Rock outcrop complex, 15 to 30 percent slopes, very stony
ArF
Ashe-Cleveland-Rock outcrop complex, 50 to 95 percent slopes, very
bouldery
EdE
Edneyville-Chestnut complex, basin, 30 to 50 percent slopes, stony
EdF
Edneyville-Chestnut complex, 50 to 95 percent slopes, stony
EwD
Evard-Cowee complex, basin, 15 to 30 percent slopes, stony
TpD
Toecane-Tusquitee complex, 15 to 30 percent slopes, very bouldery
TpE
Toecane-Tusquitee complex, 30 to 50 percent slopes, very bouldery
TuD
Tusquitee-Toecane complex, 15 to 30 percent slopes, stony
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.
Clearwater, an EnviroScience Company Page 4
Project #18083 — 7 Mountain Estates

4.1 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently. Bald
and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and
the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles
are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet.
Sometimes confused with golden eagles, bald eagles are mostly dark brown until
they are four to five years old and acquire their characteristic coloring.
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
rivers, and some seacoasts. In winter, the birds congregate near open water in
tall trees for spotting prey and night roosts for sheltering.
Based on a desktop review using 2019 aerial imagery, there are no potentially
suitable feeding sources for bald eagles within a one -mile radius of the project
boundary. No bald eagle nests were observed within the project boundary. It is the
opinion of ClearWater that the proposed project is not likely to disturb nesting bald
eagles.
4.2 Blue Ridge Goldenrod
Federally listed as a threatened species, Blue Ridge
goldenrod (Solidago spithamaea) occupies rock outcrops,
ledges, and cliffs at high elevations (generally above 4,600
ft.). The soils upon which this species grows are generally
shallow and acidic. Blue Ridge goldenrods usually grow in
full sun.
Blue Ridge goldenrod is a small perennial herb (4 to 8 inches
tall). Its golden -yellow flowers appear from late July to
September, and fruits form and ripen from July to October.
Although there are many species of goldenrods, this one can
be distinguished by its flat-topped flowers, small stature,
smooth foliage, and toothed, non -clasping stem leaves.
Potentially suitable habitat for blue ridge goldenrod was not found on site. During
the survey, ClearWater biologists did not observe any rock outcrops, ledges, or
cliffs. Further, the site is lower elevation that what is typically considered suitable
habitat for this species and is largely forested, with little full sun habitat due to a
dense tree canopy.
Clearwater, an EnviroScience Company Page 5
Project #18083 — 7 Mountain Estates

4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North
Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the
world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown
or black carapace may be marked with radiating light lines or a light blotch on the
vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and
young adult specimens, but the carapace may be nearly smooth in old adults. The
head, neck, and limbs are typically dark brown with variable reddish to yellow spots
and streaks. A large reddish -orange to yellow blotch is visible behind and above
each tympanum, sometimes merging into a continuous band on the neck. The
upper jaw is weakly notched. The plastron is brown or black, but often with lighter
yellow blotches towards the medial and anterior scute edges. A mature male bog
turtle has a concave plastron and a long, thick tail, with the vent posterior to the
rear edge of the carapace with tail extended. The female has a flat plastron and a
thinner, smaller tail, with the vent at or beneath the rear carapace edge.
The southern population of the bog turtle, ranging from southern Virginia to
northern Georgia, is also protected with a threatened designation because its
physical appearance is similar to the northern population. The southern bog turtle
population is separated from the northern population by approximately 250 miles.
However, individual bog turtles in the southern population closely resemble
individuals in the northern bog turtle population, causing difficulty in enforcing
prohibitions protecting the northern population. Therefore, the USFWS has
designated the southern population as "threatened (similarity of appearance)."
This designation prohibits collecting individual turtles from this population and bans
interstate and international commercial trade. It has no effect on land management
activities of private landowners in southern states where the bog turtle lives.
Potentially suitable habitat for bog turtle was not found on site. The wetlands on
site lacked the necessary vegetation structure, hydrology, and microtopography
needed to support this species. The seeps found on site were narrow with a
relatively shallow muddy substrate. Furthermore, the northern population of bog
turtle does not occur in North Carolina. It is the opinion of ClearWater that the
proposed project would have no effect on the northern bog turtle.
4.4 Carolina Northern Flying Squirrel
There are two species of flying squirrels in the Southern Appalachians — the
northern (Glaucomys sabrinus) and southern (Glaucomys volans). Northern flying
squirrels are about one-third larger than the very common southern species. Also,
northern flying squirrels are brown on their backs, and their fur fades to a buff white
on the belly. Southern flying squirrels are grayer on their backs with bright white
bellies, and a clearly defined (usually black) line separates the fur colors. The
endangered Carolina northern flying squirrel is a subspecies of the northern flying
squirrel.
Flying squirrels are nocturnal and have large eyes to help them see at night. They
cannot actually fly, but glide by extending a fold of skin that stretches from their
wrists to their ankles. The flattened tail acts as a rudder. Carolina northern flying
squirrels are relicts of the last ice age. As the glaciers retreated northward and
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Project #18083 — 7 Mountain Estates

temperatures rose, remnant populations remained in the suitable habitat left
behind on the high mountain tops along the ridges of the Southern Appalachian
Mountains.
Northern flying squirrels principally feed on certain fungi and lichens, though they
do occasionally eat some fruits and nuts. They're active year-round, but more so
in the warmer summer months. They nest in tree cavities in nests made almost
exclusively of yellow birch bark, where two to six young are born in early spring.
Groups of squirrels often occupy the same tree cavity, particularly in the colder
winter months.
Northern flying squirrels are typically found in areas where northern hardwoods,
such as yellow birch, are adjacent to the higher -elevation red spruce -Fraser fir
forest. These habitats are often moist and cool. The site does not contain these
higher elevation species suitable for northern flying squirrel habitat. It is the
opinion of ClearWater that the project is not likely to have any effect on the Carolina
northern flying squirrel.
4.5 Gray Bat
The gray bat (Myotis grisescens) is the largest member of its genus in the eastern
United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It
is easily distinguished from all other bats within its range by its mono -colored fur.
All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following
molt in July or August, gray bats are dark gray, but they often bleach to chestnut
brown or russet between molts (especially apparent in reproductive females during
May and June). The wing membrane connects to the foot at the ankle rather than
at the base of the first toe, as in other species of Myotis. Gray bats roost in caves
year-round. Most winter caves are deep and vertical; all provide large volume
below the lowest entrance and act as cold air traps. A much wider variety of cave
types are used during spring and fall transient periods. In summer, maternity
colonies prefer caves that act as warm air traps or that provide restricted rooms or
domed ceilings that are capable of trapping the combined body heat from
thousands of clustered individuals.
No naturally occurring suitable habitat (caves) for the gray bat was observed on
this site. It is of the opinion of ClearWater that this project would have no effect on
the gray bat.
4.6 Mountain Sweet Pitcher Plant
Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesh) is a carnivorous
perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling
flowers. The hollow leaves contain liquid and enzymes. When insects fall into the
pitchers, they are digested, and the nutrients are incorporated into the plant's
tissues. The evolutionary role of carnivory in such plants is not fully understood,
but some evidence indicates that absorption of minerals from insect prey may allow
carnivorous species to compete in nutrient -poor habitats. The unusual red flowers
(yellow in rare cases) appear from April to June, with fruits ripening in August.
Flowering plants reach heights of 29 inches. Very little specific information is
available on the biology of the mountain sweet pitcher plant. Like other pitcher
Clearwater, an EnviroScience Company Page 7
Project #18083 — 7 Mountain Estates

plants, it has rhizomes that are probably long-lived and capable of persisting and
reproducing vegetatively for decades without producing seedlings.
Potentially suitable habitat for the mountain sweet pitcher plant was not observed
on site. No mountain bogs are present. It is the opinion of ClearWater that the
proposed project would have no effect on the mountain sweet pitcher plant.
4.7 Northern Long-eared Bat
The Northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized
bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its
name suggests, this bat is distinguished by its long ears, particularly as compared
to other bats in its genus, Myotis, which are bats noted for their small ears (Myotis
means mouse -eared). The NLEB is found across much of the eastern and north
central United States and all Canadian provinces from the Atlantic coast west to
the southern Northwest Territories and eastern British Columbia. NLEBs spend
winter hibernating in caves and mines, called hibernacula. They typically use large
caves or mines with large passages and entrances; constant temperatures; and
high humidity with no air currents. Summer habitat for the NLEB consists of the
cavities, hollows, cracks, or loose bark of live or dead trees typically greater than
three inches DBH (diameter at breast height).
No naturally occurring suitable wintering habitat for the NLEB exists within the
property boundary. The forested areas on site are considered potentially suitable
summer habitat for NLEB.
Due to the presence of suitable summer habitat, the FWS will likely limit tree
clearing on site during the bat's active season (April 1-October 15 or November
15 depending on proximity to known hibernacula). Conducting a bat survey near
the start of the active summer season could confirm or deny the presence of this
species on site. A negative presence/absence survey result may be able to waive
the tree clearing moratorium.
It is the opinion of ClearWater that tree clearing conducted between October 16 /
November 16 — March 31 (depending on proximity to known hibernacula) should
support a may affect, not likely to adversely affect, determination for this species;
however, consultation with FWS may be required due to the project's location.
4.8 Roan Mountain Bluet
Roan Mountain bluet (Houstonia purpurea var. montana) is a federally listed
endangered species that occurs only in the southern Appalachians along the border
between Tennessee and North Carolina. It is named for Roan Mountain, which is one
of a very few mountain peaks where it grows. The Roan Mountain bluet is a low -
growing perennial with square, narrowly winged stems, which form loose tufts 4-6 in
(10-15 cm) tall. The leaves are untoothed, ovate, and arranged in opposite pairs. The
flowers of this species are clustered terminally, four -petaled, and bloom bright purple
in July and early August. The endangered variety is distinguished from other bluets
by its relatively large reddish -purple flowers, relatively small sessile ovate leaves,
compact stature, and clump -forming habit. It is also distinguished by its habitat —
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Project #18083 — 7 Mountain Estates

Roan Mountain bluet grows exclusively in high elevation habitats (4,600-6,200 ft) on
rocky exposures and cliff -sides.
Suitable habitat for this species was not observed in the project area. The project
site is well below the elevation requirements for this species, and no rock outcrops
or cliff -faces were found on site. It is the opinion of ClearWater that the project is
not likely to have any effect on the Roan Mountain bluet.
4.9 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
borne at the tips of the straps and are black (similar Cladonia species have brown
or red fruiting bodies). Flowering occurs July through September.
Suitable habitat for this species was not observed in the project area. Rock
outcrops do not exist on the project site. It is the opinion of ClearWater that the
project is not likely to have any effect on the rock gnome lichen.
4.10 Spreading Avens
Spreading avens (Geum radiatum) is a tall
perennial herb growing 8 - 20 inches (in) (20.3
— 50.8 centimeters; cm) tall. Its distinctive
bright yellow flowers, which are generally up
to 1 in (2.5 cm) across) appear from June
through September, and fruits form and ripen
from August through October.
This species grows in full sun on the shallow
a
acidic soils of high -elevation cliffs (above
4,200 feet (1,280 meters)), rocky outcrops, steep slopes, and on gravelly talus. It
is known to occur only on high mountain peaks in western North Carolina and
eastern Tennessee.
Being confined to small areas on a few rocky mountain summits, this species is
extremely vulnerable to such seemingly minor threats as trampling by hikers,
climbers, and sightseers, as well as to more pervasive threats such as acid
precipitation, and other forms of air pollution. An exotic insect, the balsam woolly
adelgid, contributes to the decline of the fir forests adjacent to the cliffs where
Spreading avens grows. Although Spreading avens does not grow beneath dense
forest, the death of the adjacent forests results in drier and hotter conditions, as
well as increased soil erosion. All of these factors threaten the last remaining
Spreading avens populations.
Clearwater, an EnviroScience Company Page 9
Project #18083 — 7 Mountain Estates

Suitable habitat for this species was not observed in the project area. Rock
outcrops do not exist on the project site and the site is lower in elevation than the
habitat requirements for this species. It is the opinion of ClearWater that the project
is not likely to have any effect on spreading avens.
4.11 Tricolored Bat
Tricolored bat (Perimyotis subflavus) is a small -sized
bat that averages 3 to 3.5
inches in length with an average wingspan of
approximately 9 inches. The fur color varies from yellow
to brown to black, with younger individuals generally
having darker coloration. The key characteristic, as the
name suggests, is their tricolored back, which is a
gradient from dark near the tail, light in the middle, and
dark near the head.
The tricolored bat is found across the eastern half of
North America. In winter months, this species
hibernates in humid caves. Specifically in the
southeastern US, they have also been found hibernating in road culverts and
occasionally in tree cavities. In the spring, summer, and fall, when this species is
not hibernating, they can be found in open forests, forest edges, and occasionally
in crevices of old buildings. Their diet is composed almost exclusively of flying
insects, typically foraged from open fields and waterways along forested areas.
This species is currently listed as proposed endangered by the USFWS as of
September 13, 2022. No formal federal management guidelines for protecting
this species and its associated habitat have been released from USFWS.
USFWS has 12 months after the closure of the public notice period (ended
November 14, 2022) to determine the final listing status of this species. If this
species becomes listed as threatened or endangered, federal management
guidelines will be set in place to minimize adverse impacts.
Potentially suitable summer habitat for this species was observed on site. Until
management guidelines from USFWS are published, it is anticipated that a tree
clearing moratorium would be put into place from approximately April 1 through
October 15 if the proposed endangered listing becomes effective.
ClearWater recommends avoiding tree clearing in the active season, between April
1 and October 15, to minimize potential impacts to this species. If seasonal tree
clearing is conducted in winter months, outside of the active season, it would be
the opinion of ClearWater that this project may affect but is not likely to adversely
affect the tricolored bat.
Clearwater, an EnviroScience Company Page 10
Project #18083 — 7 Mountain Estates

5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessment for the 7
Mountain Estates site, ClearWater biologists observed potentially suitable summer habitat
for the northern long-eared bat (NLEB) and the Tricolored Bat.
Given this finding, ClearWater recommends limiting tree clearing activities to between
October 16/November 16 (depending on proximity to known hibernacula) and March 31
to avoid adverse impacts to the NLEB. Consultation may be required with FWS for
potential impacts to NLEB. Any updates to the proposed listing of the tri-colored bat will
also be provided if those updates occur prior to commencement of this project.
A bat survey was not conducted to formally confirm or deny the presence of federally
protected bat species; however, conducting a bat survey in the summer active season
would determine the presence of absence of federally protected bat species on site. The
window for conducting presence/absence surveys is June 1 - August 15.
Potential flora were identified to the taxonomic unit level necessary to determine if the
observed specimen was a protected species. It is of the opinion of ClearWater that the
development of the 7 Mountain Estates site would not affect other 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.
Clearwater, an EnviroScience Company Page 11
Project #18083 — 7 Mountain Estates

6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2023.
https:Hncnhde.natureserve.org/; Accessed August 2023.
NRCS (Natural Resources Conservation Service). 2023. Web Soil Survey for
Buncombe County.
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed
August 2023.
USFWS. 2007. Bald Eagle Fact Sheet.
https://www.fws. gov/migratorybirds/pdf/management/bald-eagle-fact-sheet. pdf;
Accessed August 2023.
USFWS. 2011. Bog Turtle Fact Sheet. https://www.fws.gov/southeast/pdf/factsheet/
bog-turtle.pdf; Accessed August 2023.
USFWS. 2011. Mountain Sweet Pitcher Plant Fact Sheet.
https://www.fws.gov/asheville/pdfs/MtSweetPitcherPlant factsheet.pdf; Accessed
August 2023.
USFWS. 2011. Rock Gnome Lichen Fact Sheet.
https://www.fws.gov/southeast/pdf/factsheet/rock-gnome-lichen.pdf; Accessed
August 2023.
USFWS. 2023. Spreading avens. Spreading Avens (Geum radiatum) I U.S. Fish &
Wildlife Service (fws.gov); Accessed August 2023.
USFWS. 2023. Carolina Northern Flying Squirrel. Carolina Northern Flying Squirrel
(Glaucomys sabrinus coloratus) I U.S. Fish & Wildlife Service (fws.gov);
Accessed August 2023.
USFWS. 2023. Blue Ridge Goldenrod. Blue Ridge Goldenrod (Solidago spithamaea) I
U.S. Fish & Wildlife Service (fws.gov); Accessed August 2023.
USFWS. 2023. Roan Mountain Bluet. Roan Mountain Bluet (Hedvotis purpurea var.
montana) I U.S. Fish & Wildlife Service (fws.gov); Accessed August 2023.
USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife
Service: Bald Eagle Protection Act of 1940.
https://www.fws.gov/laws/lawsdigest/baldegl.html. Accessed December 2023.
USFWS. 2023. Gray Bat. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/6329; August 2023.
USFWS Information, Planning, and Consultation System. 2023.
https:Hecos.fws.gov/ipac/; Accessed August 2023.
USFWS. 2022. Optimal Survey Windows for North Carolina's Federally Threatened,
Endangered, and At Risk Plants. https://www.fws.gov/story/2022-03/north-
carolinas-federally-threatened-endangered-and-risk-plant-species.
Clearwater, an EnviroScience Company Page 12
Project #18083 — 7 Mountain Estates

Figures

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

United States Department of the Interior
In Reply Refer To:
Project Code: 2023-0003006
Project Name: 7 mountain
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
40*
410
Subject: List of threatened and endangered species
location or may be affected by your propy
To Whom It May Concern:
The enclosed species list identifies threa
well as proposed and designated critical
proposed project and/or may be affected
fulfills the requirements of the U.S. F'
Endangered Species Act (Act) of 1 ,
Please note that new species
402.12(e) of the regulations
should be verified after 90A
regular intervals during pM
The purpose of
e x
hSai k 4YYFJiYJft
+cfln7i�
i�
July 13, 2023
in your proposed project
r
, proposed kenc
idate species, as
IFYoccurndary of your
proposed project. Thed specieslist
Wfe Servic&Lervice) }bder section 7(c) of the
`6251becies list. Under 50 CFR
.t=accuracy of this species list
khvisit the ECOS-IPaC website at
to ensure your species list is
Pro p ide a means whereby threatened and endangered species and the
h&Ppend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
fgulations (50 CFR 402 et seq.), Federal agencies are required to
rry out programs for the conservation of threatened and endangered
whether projects may affect threatened and endangered species and/or
A biological asse-Tsment (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

07/13/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
process -overview.
If a Federal agency determines listed species and/or designated criti,
by the proposed project, the agency is required to consult with th S
402. The Service is not required to concur with "no effect" deten
agencies. If consultation is required, the Service recomi
species, proposed critical habitat, and at -risk species be
information on the regulations and procedures for sectii
permit or licensed applicants, can be found in the "Endi
at the following web link: https://www.fws.gov/media/
handbook. AV
habitat Rav be affected
pur ant to 50 CFR
Federal action
e species, proposed
e consultation. More
including the role of
Species Consultation Handbook"
Migratory Birds: In addition to responsibilities to protect threatened ad endangered species
under the Act, there are additional responsibAs underoe Migrato rd Treaty Act (MBTA)
and the Bald and Golden Eagle ProtectionAct ( EPA i to prote bagiMbirds, from project -
related impacts. Any activity, intentional IlLrurilal, resulting in to igratory birds,
including eagles, is prohibited unless rmitted by e Service 50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More h4ormation abeat MBTA 3111WEPfflan be found at the
following web link:
We appreciate your consider
agencies to include conserv,
to further the purposes of4E
questions. In any futur rr
Consultation Code wca
Attachment(s):
of threatened and
• Officia pec; � LiF `
• USF6 a' Xildlife Refuges and Fish Hatcheries
• NlA tory Biru..
encourages Federal
species in their project planning
h-258-3939, if you have any
please reference the

07/13/2023
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act,
requirement for Federal agencies to "request of the Secretary of the Intern
any species which is listed or proposed to be listed may be present in the
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]
the
)n whether

07/13/2023
PROJECT SUMMARY
Project Code: 2023-0003006
Project Name: 7 mountain
Project Type: Acquisition of Lands
Project Description: potential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.v-oop-le.com/maDs/035.798901650000005.-82.3965338004183.14z
CJF
.
..
ih-3rp Voal7raorr
Count

07/13/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 11 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your
species that exist in another geographic area. For example, certain fish
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the
Fisheriesi, as USFWS does not have the authority to speak on bS
Department of Commerce.
See the "Critical habitats" section below for those critical
within your project area under this office's jurisdiction. P�
if you have questions.
NOAA Fisheries, also known as the National
office of the National Oceanic and Atmospteric
Commerce.
MAMMALS
NAME
ct and could include
appear on the species
diet' of NOAA
and the
'holly or partially
designated FWS office
Ties Service (NMFS), is an
ation within the Department of
Mk
STATUS
Carolina Northern Flying Squirrel Glaucomys sabrinus colora , Endangered
No critical habitat has been designatedoor this species.
Species profile: https:Hecos.fws.gov/ecp/species/2657
Gray Bat Myotis grisescens I& i Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis se tentrionali Endangered
No critical habitat has been designated for this species.
Species profile: htt s:/ecos.fws.gov/ecp/species/9045
Tricolored BJatr
tisoubflavus Proposed
No critical ee signated for this species. Endangered
Species per' :// fws.gov/ecp/species/10515
REP#LEN
NAME
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

07/13/2023
4
INSECTS
NAME
Monarch Butterfly Danaus plexippus
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
Blue Ridge Goldenrod Solidago spithamaea
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/5821
STATUS
4 Candidate
STATUS
Threatened
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jon
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
Roan Mountain Bluet Hedyotis purpurea var. mo a
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/1087
Spreading Avens Geum radiatum
No critical habitat has been designated for this ties.
Species profile: htt s:Hecos.fws. ov/ec /s ecie
LICHENS
NAME
Rock Gnome Lichen Gymnoderma
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
CRITICAL HAB'
THERE ARE NO CRITK
JURISDICTION.
YOU ARE S
ABOVE LIS
ink
Endangered
Endangered
Endangered
STATUS
Endangered
AREA UNDER THIS OFFICE'S
DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL

07/13/2023
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the
'Compatibility Determination' conducted by the
discuss any questions or concerns.
National Wildlife Refug ste t undergo
Refuge. Please contac individu Refuges to
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YO P CT A.

Roy Cooper, Governor
9" 0 INC DEPARTMENT OF
""i ■
WMk.M 1 NATURAL AND CULTURAL RESOURCES
■-000
August 3, 2023
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: 7 Mountain Estate; 18083
Dear ClearWater Environmental Consultants. Inc.:
13. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-22877
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
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 documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
Also please note that 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 an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
121 1N. JON S STREET, RALEIGI I_ NC 27603 - 16Sl MAOL SERVICE CENTER. PAL EIGH. rkc 276�0
OFC 919.707.9120 • FAK 919.707.9421

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Appendix B:
Photo Log

Photo 1: Small linear wetland seep; facing north.
Photo 2: Small linear wetland seep; facing south.

Photo 3: Headwater emergent wetland.
Photo 4: Acidic oak -hickory forested habitat along riparian corridor.

Photo 5: Narrow riparian corridor bordered by forested habitat on the right and
roadside on the left.
w
s-
-
�
!�� Vo.
Photo 6: Riparian corridor underlain by bedrock.