20231318 Ver 1_Westerfeld EPCN Attachments_20230925

ECS Southeast, LLP "One Firn7. One Mission."
Geotechnical • Construction Materials - Environmental • Facilities
U.S. Army Corps of Engineers
Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
August 2, 2023
ECS Project No. 49:17970-C
Reference: Pre -Construction Notification Application (NWP #18), Westerfeld Estates, Black Mountain,
Buncombe County, North Carolina
To Whom It May Concern:
Please find a copy of the supporting documentation for the electronic Nationwide Permit (NWP) #18
for Minor Discharges for Westerfeld Estates (SAW-2023-00351) located along Old Fort Road in Black
Mountain, Buncombe County, North Carolina. If you have any questions, please contact Thomas S.
Hawkins Jr, P.G., PWS at [phone] or [e-mail].
Sincerely,
ECS Southeast, LLP
Thomas S. Hawkins Jr, P.G., PWS
Environmental Senior Project Manager
[e-mail]
[phone]
61,
Brandon Fulton, LSS, PSC, PWS
Environmental Principal
[e-mail]
[phone]

Appendix I: Agent
Authorization Forms

dotloop signature verification:
ECS SOUTHEAST, LLP `Setting the Standard for Se'vice "
Geotechnical a Construction materials ° Environmental • Facilities NC Registered Geoloariny f'rcm C,4AD,
NC: Reyisered reolo;7isls Finn G-t06
SC Rngsiered Er{;inraaring Gi— 3239
Agent Authorization
Property/Site:
Address of Site: 59'�95 NC 9 e 3c s C0N+3F
Parcel Identification Number (PIN):
Owner Information:
Name: U'� "��Z� �-` SO1p?t�S L �-C
Address: `65-60 Ub JGv(t-s CUx3 Dr
GAXtAA-1 CAC 28(-1-�
Telephone Number: -70� 3 G 3 () 10 0
Fax Number:
E-mail Address: 4; SAA I L Co/%n
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in supp rt of this request, including stream/wetland matters in
coordination with the USACE apclthe NCDWR field verification and permit application:
Property Owner Signature:
Date:
. Z-7,
ECS Capitol Services, PLLC ECS Florida, LLC - ECS Mid -Atlantic, LLC - ECS Midwest, LLC - ECS Southeast, LLP . ECS Texas, LLP
www.ecsliniitecl.com

E5
ECS SOUTHEAST, LLP "Setting the Standard for Service"
I., Geotechnical • Construction Materials • Environmental • Facilities NC Registered Engineering Firm F•1076
NC Registered Geologists Firm C-408
SC Registered Er9neering Firm 3239
Agent Authorization
Property/Site: Off of Old Fort Road in Black Mountain, NC
Address of Site: TBD Old Fort Road
Black Mountain, NC 28711
Parcel Identification Number (PIN)
Owner Information:
0636-53-7901-00000
Name: Curtis and Sheri Dubber
Address: 1006 Arezzo Circle
Boynton Beach, FL 33436
Telephone Number: 904-536-7333
Fax Number:
E-mail Address: [e-mail]
Property Owner Certification:
I, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USACE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal/State jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE and the NCDWR field verification and permit application:
Property Owner Signature: ctwik rntbbear (,E sheYl `)�tbbeil'
Date: 3/13/2023
ECS Capirtol Services, PLLC • ECS Florida, LLC • ECS Mid -Atlantic, LLC • ECS Midwest. LLC • ECS Southeast, LLP • ECS Texas. LLP
www.ecslimited.com

W3
E C S SOUTHEAST, L L P "Setting the Standard for Service"
NOMMOM- Geotechnical - Constrtictlon Materials • Environmental • Facilities NC RogstaredEng-rifenngFLrmF-1GIB
NC Regrstered f20109+515 Farm C-400
tiC Regmtered Fnpreer:ng Ftrm 333D
Agent Authorization
Property/Site: Off of Westerfeld Estates Way,Black Mountain, NC
Address of Site: TBD Westerfeld Estates Way
Black Mountain NC 28711
Parcel Identification Number (PIN):
Owner Information:
063BA3-•3514-00000
Name: Glen Eggert
Address: 2157 Hwy 9
Black Mountain, NC 28711
Telephone Number:-630,263-4964
Fax Number:
E-mail Address: eggsint(@sbccqiobal_net
Property Owner Certification
I, the undersigned, a duly authorized owner of record of the propertylproperties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (USAGE)
and/ or the North Carolina Division of Water Resources (NCDWR) to enter upon the property
herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federallstate jurisdiction under
Section 404 and 401 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899. 1 also authorize ECS to act in my behalf in the processing of this request and to furnish
supplemental information in support of this request, including stream/wetland matters in
coordination with the USACE and the N.CDWR field verification and permit application:
Property Owner Signature: ..eL L1_i
Date:
ECS Capitoi Services. PLLC • ECS Flmda. LLC • ECS Mid -Atlantic, LLC - EGG Midwest, LLC • ECS 5c7uiheast, i_LP • ECS Texas. LLP
www.ecstimited,coat

Appendix II: Jurisdictional
Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2023-00351 County: Buncombe U.S.G.S. Quad: NC -Black Mountain
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: Westerfield Renovations, LLC
Mark Ficken
Address: 8500 Lonp-view Club Drive
Waxhaw, NC 28173
Telephone Number: 704-363-0100
E-mail: mifickenOt mail.com
Size (acres) 236 Nearest Town Black Mountain
Nearest Waterway Clear Branch River Basin Santee
USGS HUC 03050105 Coordinates Latitude: 35.54484
Longitude:-82.25447
Location description: The site is located on the north side of Old Fort Road, near the US Hwy 9 intersection, near Old Fort, in
Buncombe County, NC.
Indicate Which of the Following Apply:
A. Preliminary Determination
® There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated 3/17/2023. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly

2023-00351
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once
verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided
there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years.
❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA).
You should contact the Division of Coastal Management in Morehead City, NC, at [phone] to determine their
requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or
amanda.iones(&usace.army.mil.
C. Basis For Determination: See the preliminary iurisdictional determination form dated 03/17/2023.
D. Remarks: Site visit conducted on February 27, 2023
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Atlas: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN&USACE.ARMY.MIL
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official: " v
Date of JD: 03/17/2023 Expiration Date ov JD: Not applicable

2023-00351
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
hrips://regulatory.ops.usace.army.mil/customer-service-survey/.
Copy Furnished:
Curtis and Sheri Dubberly (owners of parcels shown), 1006 Arezzo Circle, Boynton Beach, FL 33436
Glen Eggert, (owners of parcels shown), 2167 Hwy 9, Black Mountain, NC 28711
ECS Southeast LLP, Attn: Thomas Hawkins (via email)

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Westerfield Renovations LLC, Mark Ficken I File Number: 2023-00351
Date: 03/17/2023
Attached is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
❑X
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at or http://www.usace.army.miUMissions/CivilWorks/ReaulatoryProgramandPermits.asnx
or the Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section II of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of
this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice.

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

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: March 17, 2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Name: Thomas Hawkins. Address: 1200 Woodruff Road, Suite H-12, Greenville, SC 29607
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2023-00351
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 County City: Black Mountain
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.5383 Long.:-82.24532
Universal Transverse Mercator: NAD1983
Name of nearest waterbody: Laurel Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
■❑ Field Determination. Date(s): February 27, 2023
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 attached table

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:ECS Delineation Maps (Figures 1-11)
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: 7.5 X 7.5 Minute, Moffitt Hill, NC (Figure 2)
■❑ Natural Resources Conservation Service Soil Survey. Citation: USDA Spatial Survey (Figure 3)
■❑ National wetlands inventory map(s). Cite name: Figure 5
❑ State/local wetland inventory map(s):
■FEMA/FIRM maps: Panels 3710062600K dated January 6, 2010 (Figure 4)
El
■❑
100-year Floodplain Elevation is:
(National Geodetic Vertical Datum of 1929)
Photographs: ■❑ Aerial (Name & Date): Photolog dated July -August 2022
or ❑ Other (Name & Date):
❑ 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.
FUEMMELER.AMANDA.J Dqt llys,g,eIby
FUEMMELERAMANDAJONES. 1242835090
ONES.1242835090 Dale: 2023. 0. 17162222-0400
Signature and date of
Regulatory staff member
completing PJD
Zachary \A/fin ham Digitally signed by Zachary Windham
V V d Date: 2023.03.17 11:59:44-04'00'
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 OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAYBE" SUBJECT TO REGULATORY JURISDICTION
Site Number
Latitude
(decimal
degrees)
Longitude
(decimal degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet)
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)
S1
35.54484000
-82.25447000
0.004 acre, 44 LF
Non -Wetland Waters
Section 404
S2
35.54360000
-82.25472000
0.01 acre, 106 LF
Non -Wetland Waters
Section 404
S3
135.54268000
-82.25442000
0.1 acre, 857 LF
Non -Wetland Waters
Section 404
S4
35.54337000
-82.25304000
0.06 acre, 92 LF
Non -Wetland Waters
Section 404
S5
35.54328000
-82.25282000
0.02 acre, 282 LF
Non -Wetland Waters
Section 404
S6
35.54247000
-82.25351000
0.04 acre, 332 LF
Non -Wetland Waters
Section 404
S7
35.54261000
-82.25371000
0.002 acre, 27 LF
Non -Wetland Waters
Section 404
S8
35.53051000
-82.23998000
0.34 acre, 1357 LF
Non -Wetland Waters
Section 404
S9
35.52938000
-82.24103000
0.02 acre, 224 LF
Non -Wetland Waters
Section 404
S10
35.53087000
-82.23927000
0.11 acre, 617 LF
Non -Wetland Waters
Section 404
S11
35.53032000
-82.23978000
0.003 acre, 35 LF
Non -Wetland Waters
Section 404
S12
35.53088000
-82.23898000
0.03 acre, 223 LF
Non -Wetland Waters
Section 404
S13
35.52996000
-82.23961000
0.009 acre, 97 LF
Non -Wetland Waters
Section 404
S14
35.53014000
-82.23978000
0.006 acre, 88 LF
Non -Wetland Waters
Section 404
S15
35.53492000
-82.24698000
0.1 acre, 616 LF
Non -Wetland Waters
Section 404
S16
35.53871000
-82.24614000
0.01 acre, 133 LF
Non -Wetland Waters
Section 404
S17
35.53860000
-82.24714000
0.13 acre, 1002 LF
Non -Wetland Waters
Section 404
S18
35.53869000
-82.25005000
0.05 acre, 526 LF
Non -Wetland Waters
Section 404
S19
35.53854000
-82.24984000
0.004 acre, 46 LF
Non -Wetland Waters
Section 404
S20
35.54127000
-82.24965000
0.05 acre, 452 LF
Non -Wetland Waters
Section 404
S21
35.54174000
-82.24974000
0.003 acre, 78 LF
Non -Wetland Waters
Section 404
S22
35.53145000
-82.24007000
0.14 acre, 928 LF
Non -Wetland Waters
Section 404
S23
35.53304000
-82.24053000
0.02 acre, 214 LF
Non -Wetland Waters
Section 404
S24
35.53081000
-82.24143000
0.02 acre, 202 LF
Non -Wetland Waters
Section 404
S25
35.53383000
-82.24378000
0.43 acre, 2790 LF
Non -Wetland Waters
Section 404
S26
35.53016000
-82.24170000
0.015 acre, 79 LF
Non -Wetland Waters
Section 404
S27
35.53055000
-82.24295000
0.006 acre, 56 LF
Non -Wetland Waters
Section 404
S28
35.53157000
-82.24380000
0.004 acre, 463 LF
Non -Wetland Waters
Section 404
S29
35.53264000
-82.24352000
0.01 acre, 135 LF
Non -Wetland Waters
Section 404
S30
35.53338000
-82.24334000
0.01 acre, 109 LF
Non -Wetland Waters
Section 404
S31
35.53539000
-82.24439000
0.02 acre, 181 LF
Non -Wetland Waters
Section 404
S32
35.52855000
-82.24492000
0.05 acre, 576 LF
Non -Wetland Waters
Section 404
S33
35.52919000
-82.24539000
0.005 acre, 113 LF
Non -Wetland Waters
Section 404
S34
35.53934000
-82.24906000
0.25 acre, 1231 LF
Non -Wetland Waters
Section 404
S35
35.53993000
-82.24867000
0.03 acre, 306 LF
Non -Wetland Waters
Section 404
S36
35.53167000
-82.24191000
0.006 acre, 57 LF
Non -Wetland Waters
Section 404
W1-A
35.54372000
-82.25483000
0.015 acre
Wetland
Section 404
W1-B
35.54330000
-82.25329000
0.01 acre
Wetland
Section 404
W1-C
35.54237000
-82.25335000
0.002 acre
Wetland
Section 404
W1-D
35.54227000
-82.25533000
0.02 acre
Wetland
Section 404
W2-A
35.52934000
-82.24149000
0.02 acre
Wetland
Section 404
W2-B
35.52954000
-82.24059000
0.12 acre
Wetland
Section 404
W2-C
35.53034000
-82.23985000
0.012 acre
Wetland
Section 404
W2-D
35.53086000
-82.23906000
0.005 acre
Wetland
Section 404
W2-E
35.53037000
-82.23887000
0.002 acre
Wetland
Section 404
W2-F
35.53002000
-82.23967000
0.13 acre
Wetland
Section 404
W3
35.54009000
-82.24932000
0.01 acre
Wetland
Section 404
W4
35.52932000
-82.24409000
0.05 acre
Wetland
Section 404
W5-A
35.53891000
-82.24647000
0.05 acre
Wetland
Section 404
W5-B
35.53863000
-82.24693000
0.06 acre
Wetland
Section 404
W5-C
35.54181000
-82.24941000
0.025 acre
Wetland
Section 404
W6-A
35.53510000
-82.24414000
0.01 acre
Wetland
Section 404
W6-B
35.53473000
-82.24421000
0.006 acre
Wetland
Section 404
W6-C
35.53433000
-82.24408000
0.03 acre
Wetland
Section 404
W6-D
35.53386000
-82.24379000
0.004 acre
Wetland
Section 404
W6-E
35.53173000
-82.24422000
0.005 acre
Wetland
Section 404
W6-F
35.53100000
-82.24301000
0.06 acre
Wetland
Section 404
W6-G
35.53081000
-82.24295000
0.013 acre
Wetland
Section 404
W6-H
35.52976000
-82.24147000
0.03 acre
Wetland
Section 404
W6-1
35.53130000
-82.24122000
0.1 acre
Wetland
Section 404
W6-J
35.53123000
-82.24163000
0.04 acre
Wetland
Section 404
W6-K
35.53160000
-82.24012000
0.004 acre
Wetland
Section 404
W6-L
35.53092000
-82.23972000
10.02 acre
JWetland
ISection 404
W7
135.52927000
-82.24207000
10.03 acre
JWetland
ISection 404

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Appendix V: Endangered
Species & Designated Critical
Habitat

EFECS SOUTHEAST, L L P "Setting the Standard for Service"
. Geotechnical • Construction Materials • Environmental • Facilities r*C Registered Engineenng Firm F-10TZ
NC Registered Geologists Firm C408
SC Registered Engineering Firm 3239
August 24, 2022
Mr. Mark Ficken
Westerfield Renovations LLC
8500 Longview Club Drive
Waxhaw, North Carolina 28173
Reference: Protected Species & Cultural Resources Review
Westerfield Estates Site
Old Fort Road & NC Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
Dear Mr. Ficken:
ECS Southeast, LLP (ECS) is pleased to provide our results of the Protected Species & Cultural
Resources Review conducted for the above -referenced site. ECS' services were provided in accordance
with ECS Proposal Number 49: 32673.
Background Information
The Project Study Area (PSA) is located at Old Fort Road & NC Highway 9 in Black Mountain, Buncombe
County, North Carolina. The site consists of three parcels totaling approximately 236.3 acres and
identified on the Buncombe County GIS Database website as 063646335400000 (200.86 acres),
063643351400000 (20.55 acres), and 063653790100000 (13.1 acres). The site consists undeveloped,
wooded land transected in areas by unimproved roads.
Site Reconnaissance
An onsite habitat assessment was performed on July 28-29 and August 3, 5 and 10-11, 2022. The site
predominately consists of undeveloped, oak -hickory forests with various other hardwood species
including sweetgum, red maple, tulip poplar, holly, spruce pine, and beech. The understory vegetation
was moderately dense to very dense and consisted predominately of mountain laurel, rhododendron,
sourwood, fraser magnolia, pignut hickory, and sassafras. Areas of disturbed vegetation with dense
understory growth was observed on the southern portion of the PSA and along Old Fort Road. The areas
immediately adjoining Old Fort Road appeared to be regularly maintained through silviculture practices.
Preliminary Threatened and Endangered Species Determination
Congress passed the Endangered Species Act (ESA) in 1973. The purpose of the ESA is to protect and
recover imperiled species and the ecosystems upon which they depend. It is administered by the United
States Fish and Wildlife Service (USFWS) and the Commerce Department's National Marine Fisheries
Service (NMFS). The USFWS has primary responsibility for terrestrial and freshwater organisms, while
the responsibilities of NMFS are mainly marine wildlife.
Under the ESA, species may be listed as either endangered or threatened. "Endangered" means a
species is in danger of extinction throughout all or a significant portion of its range. "Threatened" means a
species is likely to become endangered within the foreseeable future. All species of plants and animals,
except pest insects, are eligible for listing as endangered or threatened. For the purposes of the ESA,
Congress defined species to include subspecies, varieties, and, for vertebrates, distinct population
segments.
3820 Faber Place Drive, Suite 200, North Charleston. SC 29405 • T: 843-654-4448 • F: 843-884-7990 • www.ecslimited.com
ECS Capitol Semces, PLLC • ECS Flonda, LLC • ECS Mid -Atlantic. LLC • ECS Midwest. LLC • ECS Southeast, LLP • ECS Texas. LLP

Protected Species & Cultural Resources Review
Westerfeld Estates Site
Old Fort Road & Nc Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
USFWS
ECS queried the USFWS Information Planning and Consultation (IPaC) tool and the North Carolina
Department of Natural Heritage Program (NCNHP) protected species database to identify federally
protected threatened and endangered species with potential to occur within the PSA. Table 1 summarizes
the findings of the USFWS and NCNHP database searches and species identified as having potential
presence within the PSA.
Common Name
Scientific name
Federal Status
Birds
Bald Eagle
Haliaeetus leucocephalus
BGPA
Mammals
Gray Bat
Myotis grisescens
E
Northern Long-eared Bat
Myotis septentrionalis
T
Reptiles
Bog Turtle
Clemmys muhlenbergi
SAT
Flowering Plants
Mountain Sweet Pitcher -plant
Sarracenia rubra ssp. jonesii
E
White Irisette
Sisyrinchium dichotomum spp. Jonesii
E
Lichens
Rock Gnome Lichen
Gymnoderma lineare
E
BGPA = Bald and Golden Eagle Protection Act E = Endangered
T = Threatened CH = Critical Habitat P = Proposed
SAT = Threatened Due to Similarity of Appearance
North Carolina Department of Natural Resources and Cultural Resources
ECS utilized the North Carolina Natural Heritage Program (NCNHP) portal for information regarding the
program's knowledge of listed species, associated habitat, and/or other protected and managed areas on
site or in the surrounding areas. Based on the information reviewed, there are no species occurrence
records found within the PSA; however, a natural area named Broad River Rare Plant Site was
documented on the southwest portion of the site and adjacent to Clear Branch. Within a one -mile radius
of the project area, there were noted occurrences of Lampshade Weaver (significantly rare), Broad River
Stream Crayfish (significantly rare), Superb Jewelwing (significantly rare), and Mountain Heartleaf (state
endangered). Several natural communities including Acidic -Cove Forest, Chestnut -Oak Forest, Montane
Oak -Hickory Forest, and Rich Cove -Forest was noted within one mile of the PSA. Natural areas including
Broad River Rare Plant Site and Cross Mountain, and a managed area named Conserving Carolina
Easement were also reported within one mile of the PSA. A copy of the NCNHP response letter is
included as an attachment.
Species/Habitat Description
Northern Long-eared Bat
Description: The northern long-eared bat (NLEB) is a medium-sized bat about 3 to 3.7 inches in
length but with a wingspan of 9 to 10 inches. Their fur color can be medium to dark
brown on the back and tawny to pale -brown on the underside. As its name suggests, this

Protected Species & Cultural Resources Review
Westerfeld Estates Site
Old Fort Road & Nc Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
bat is distinguished by its long ears, particularly as compared to other bats in its genus,
Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared).
The northern long-eared bat 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. The species range includes 37 states.
White -nose syndrome, a fungal disease known to affect bats, is currently the
predominant threat to this bat, especially throughout the Northeast where the species has
declined by up to 99 percent from pre -white -nose syndrome levels at many hibernation
sites. Although the disease has not yet spread throughout the northern long-eared bats
entire range (white -nose syndrome is currently found in at least 25 of 37 states where the
northern long-eared bat occurs), it continues to spread. Experts expect that where it
spreads, it will have the same impact as seen in the Northeast.
Like most bats, northern long-eared bats emerge at dusk to feed. They primarily fly
through the understory of forested areas feeding on moths, flies, leafhoppers, caddisflies,
and beetles, which they catch while in flight using echolocation or by gleaning motionless
insects from vegetation.
Habitat: NLEB spend winter hibernating in caves and mines, called hibernacula. They use areas
in various sized caves or mines with constant temperatures, high humidity, and no air
currents. Within hibernacula, surveyors find them hibernating most often in small
crevices or cracks, often with only the nose and ears visible.
During the summer, northern long-eared bats roost singly or in colonies underneath bark,
in cavities or in crevices of both live trees and snags (dead trees). Males and non -
reproductive females may also roost in cooler places, like caves and mines. Northern
long-eared bats seem to be flexible in selecting roosts, choosing roost trees based on
suitability to retain bark or provide cavities or crevices. This bat has also been found
rarely roosting in structures, like barns and sheds.
Conclusions: The site primarily consists of undeveloped, wooded land. Rock outcroppings and two
dilapidated structures were observed during the site reconnaissance; however, no
evidence of bats was observed within the structural ruins, nor were caves observed on
the site. Although no NLEBs were observed, potential summer habitat (maternity roost
trees) was observed at the site.
Based upon the IPaC submission, any take of the northern long-eared bat that may occur
as a result of the Action is not prohibited under the ESA Section 4(d) rule adopted for this
species at 50 CFR §17.40(o). Based on our observations, ECS concludes that this
project may affect but is not likely to adversely affect NLEB. Based on prior
correspondence with USFWS regarding NLEB, it is recommended to conduct tree -
clearing activities in the NLEB inactive season of November 15t" to March 31 st to avoid
disturbance of potential maternity roost trees that are occupied by NLEB in the summer.
Gray Bat
Description: Gray bats are distinguished from other bats by the unicolored fur on their back. In
addition, following their molt in July or August, gray bats have dark gray fur which often
bleaches to a chestnut brown or russet. They weigh 7-16 grams. The bat's wing
membrane connects to its ankle instead of at the toe, where it is connected in other
species of Myotis. Females give birth to a single young in late May or early June. The
bats eat a variety of flying aquatic and terrestrial insects present along rivers or lakes.
Habitat: With rare exceptions, gray bats live in caves year-round. During the winter, gray bats
hibernate in deep, vertical caves. In the summer, they roost in caves which are scattered

Protected Species & Cultural Resources Review
Westerfeld Estates Site
Old Fort Road & Nc Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
along rivers. These caves are in limestone karst areas of the southeastern United States.
They do not use houses or barns.
Conclusions: The site primarily consists of undeveloped, wooded land. Rock outcroppings were
observed on areas of the site; however, no caves were observed. The potential exists for
unobserved hibernacula within fractures or openings within the outcroppings; however,
unless development is planned within areas with extensive rock outcrops, it is the opinion
of ECS that this species will not be impacted by the proposed project.
Bald Eagle
Description: 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.
Habitat: 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.
Conclusions: Streams and wetland features were observed on the site but they are not considered
sufficient for the foraging necessary for Bald Eagle. The nearest large waterbody, Lake
Lure, is located approximately 5.5 miles southeast of the site. Bald Eagle and/or their
nests were not observed on the site.
Based on our knowledge of the site, it is ECS's opinion that suitable habitat for the bald
eagle is not located within the site and bald eagles will not be impacted by the proposed
project.
Bog Turtle
Description: The bog turtle is the smallest turtle in North America, rarely exceeding three or four
inches in length and weighing only about four ounces. Its orange to yellow patch on either
side of the neck easily distinguishes it from other turtles. Bog turtles emerge from their
muddy hibernation in early to mid -April and by early May are actively seeking a mate.
Adults are sexually mature at five to eight years of age. In June or July, the female lays a
clutch of one to six small white elliptical eggs in a shallow "nest" she digs in a clump of
sphagnum moss or tuft of grass above the water line. After seven or eight weeks of being
incubated by the sun, the inch -long hatchlings emerge. Because they are born so late in
the year, the hatchlings often spend their first winter near the nest.
Habitat: Bog turtles live in the mud, grass and sphagnum moss of bogs, swamps, and marshy
meadows. These wetlands are usually fed by cool springs flowing slowly over the land,
creating the wet, muddy soil needed by the turtles.
Conclusions: Approximately 0.85-acre of wetland was observed on the site. The wetlands identified
appeared to be side -slope seep wetlands and were not considered bogs, swamps, or
marshy meadows. Additionally, no bog turtles were identified during the site
reconnaissance. Based on our knowledge and site observations, suitable habitat for Bog

Protected Species & Cultural Resources Review
Westerfeld Estates Site
Old Fort Road & Nc Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
Turtle is not located on site. Therefore, ECS opines that the species will not be impacted
by the proposed project.
Mountain Sweet Pitcher -Plant
Description: The mountain sweet pitcher plant is an insectivorious species is native to bogs and a few
streamsides in the Blue Ridge Mountains of North and South Carolina. Mountain sweet
pitcher plant is a carnivorous perennial herb with tall, hollow pitcher -shaped leaves and
red sweet-smelling flowers. The unusual red flowers (yellow in rare cases) appear from
April to June, with fruits ripening in August. Flowering plants reach up to 29 inches. Very
little specific information is available on the biology of mountain sweet pitcher plant. Like
other pitcher plants, it has rhizomes that are probably long-lived and capable of persisting
and reproducing vegetatively for decades without producing seedlings.
Habitat: This insectivorous species is native to bogs and a few streamsides in the Blue Ridge
Mountains of North Carolina and South Carolina. Other (coastal plain) species of this
genus are known to benefit from periodic fire, which reduces woody competition; however
there is some evidence that this mountain species may actually be harmed by fire.
Conclusions: Approximately thirty-six streams and six wetland areas were observed on site. Although
potential habitat (streamsides) are present on the site, Mountain Sweet Pitcher -Plant
and/or other pitcher plant species were not observed with the areas identified as potential
habitat. Based on our observations, the likelihood is minimal for Mountain Sweet Pitcher -
Plant to be present at the site; however, it should be noted that the site reconnaissance
was conducted outside the flowering window of April -June. If impacts are planned within
potential habitat for the species, further surveys may be required by the lead federal
agency.
Rock Gnome Lichen
Description: One of two lichens on the federal list of threatened and endangered species, Rock
gnome lichen is the only member of the genus Gymnodera to live in North America.
Other members of this genus live in the mountains of East Asia, including Japan and the
Himalayas. Rock gnome lichen occurs in dense colonies of narrow strap -like lobes that
are about 0.04 inch (1 millimeter) across and generally one to two centimeters long.
These lobes are blue gray on the terminal upper surface, and generally shiny white on
the lower surface, grading to black near the base. The fruiting bodies are born on the tips
of these lobes, are black, and have been found from July through September. The
primary means of propagation appears to be asexual, with colonies spreading clonally.
Habitat. Rock gnome lichen is primarily limited to vertical rock faces where seepage water from
forest soils above flows during (and only during) very wet times. It appears the species
needs a moderate amount of light, but that it cannot tolerate high -intensity solar radiation.
It does well on moist, generally open, sites, with northern exposures, but needs at least
partial canopy coverage where the aspect is southern or western.
Conclusions: Steep rock outcrops with seepage water were observed on the site and were usually in
proximity of the headwater streams/wetlands located on the site. The primary growth on
the outcroppings consisted of brocade moss. The vegetation surrounding the rock
outcrops was generally dense and consisted of mountain laurel and rhododendron which
is likely to limit the solar exposure for outcrops. Based on our site reconnaissance,
potential habitat for Rock Gnome Lichen is present at the site, however no populations of
the species were observed. If proposed site plans require disturbance of the potential
habitat (rock outcroppings with seepage water), further survey for the species may be
necessary.

Protected Species & Cultural Resources Review
Westerfeld Estates Site
Old Fort Road & Nc Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
White Irisette
Description: White Irisette is a perennial herb that lives in areas with partial sun. It generally grows
from 10 - 16 inches tall and has winged stems. An individual White Irisette plant is
typically defined as a cluster of stems arising from fibrous roots. There may be 10 or
more stems on one plant. White Irisette flowers from late May through July. The seeds
are very small and black and three to six seeds are contained in each capsule.
Habitat. The species is found on mid elevation slopes, characterized by open, dry to moderate -
moisture oak hickory forests. White Irisette usually grows in shallow soils on regularly
disturbed sites (such as woodland edges and roadsides) and over rocky, steep terrain.
Conclusions: The site predominately consists of undeveloped, oak -hickory forests with various other
hardwood species including sweetgum, red maple, tulip poplar, holly, spruce pine, and
beech. The understory vegetation was moderately dense to very dense and consisted
predominately of mountain laurel, rhododendron, sourwood, fraser magnolia, pignut
hickory, and sassafras. The conditions observed on the site indicated high moisture
content, dense understory vegetation, and a thick layer (4-6 inches) of organic material
on the surface of the underlying soils. Based on our observations, suitable habitat for
White Irisette is not present at the site.
Preliminary Historic and Archaeological Resources Review
During our review of the NCSHPO On -Line GIS Database, no historic resources were identified within the
PSA or within 1,500 feet of the PSA boundaries (NCHPO HPOWEB figure). The closest historical
structure, the I.V. Stroud House, was found to be approximately 2,400 feet to the west of the site. A copy
of the NCSHPO GIS Map is included in the appendix.
During the site reconnaissance, ECS observed two derelict structures located on the southeast portion of
the site, a cistern that appeared to have been constructed on a springhead located on the northwest
portion of the site, and a springhead structure constructed of stone located on the southeast portion of the
site. The approximate locations and coordinates of these features are depicted on Figure 4 within the
appendix.
ECS reviewed the available historic topographic maps and aerial photographs for evidence of structures
or landmarks which may indicate potential historic or cultural resources on the PSA. Historic topographic
maps dated 1964 and 1972 depicted a structure located on the southeast portion of the site. Historic
aerial imagery dated 1955 and 1956 depict an apparent residential structure in the southeast portion of
the site which corresponds with the structure depicted on the historic topographic maps. The approximate
location of the structure corresponds with the dilapidated wooden structure with the stone chimney
observed by ECS and depicted on Figure 4 within the appendix.
Based on our site visit, review of historical aerial/topographic resources, and the Online NCSHPO GIS
Database, ECS identified four potentially significant architectural or cultural resources on the PSA.
Conclusions
ECS has conducted a Protected Species & Cultural Resources Review for the above referenced site.
Please note that our services did not include detailed studies for threatened and endangered species or
historic and archaeological resources, nor did our services include a wetland and stream agency
verification. Based on our knowledge, site reconnaissance, and desktop review, we have made the
following recommendations:
• Although no caves or species of bats were observed on the PSA, there is potential for
unobserved fractures or openings in the rock outcroppings located on the site. This potential
habitat could provide hibernacula for Gray Bay or NLEB. If plans indicate the disturbance of rock

Protected Species & Cultural Resources Review
Westerfeld Estates Site
Old Fort Road & Nc Highway 9
Black Mountain, Buncombe County, North Carolina
ECS Project Number: 49-17970
outcrops on the PSA, we recommend a visual survey of the outcrops to determine if potential
exists for the presence of bats. If bats are observed, please contact USFWS immediately to
determine the appropriate next steps.
Although no NLEBs were observed, potential summer habitat (maternity roost trees) was
observed at the site. Based on prior correspondence with USFWS regarding NLEB, it is
recommended to conduct tree -clearing activities between November 15t" to March 316t to avoid
disturbance of potential maternity roost trees that are occupied by NLEB in the summer. Please
note that this is a recommendation and not a requirement; however, if occupied tree cavities
and/or bats are observed during site clearing activities, the USFWS should be contacted
immediately.
• Based on our site reconnaissance, potential habitat for Rock Gnome Lichen is present at the site,
however no populations of the species were observed. If proposed site plans require disturbance
of the potential habitat (rock outcroppings with seepage water), further survey for the species may
be necessary.
Potential habitat for Mountain Sweet Pitcher -Plant was observed on the PSA; however, the
species was not observed on the PSA. Please note that the site reconnaissance was conducted
outside the reported flowering window of April — June. Based on the presence of potential habitat
(streamsides) on the PSA, a targeted species survey may be required if the project proposes
impacts to potentially jurisdictional waters. If required, the targeted species survey would need to
be conducted during the reported flowering window of April -June.
Although no historic resources were identified on the PSA during review of the NCSHPO GIS
Database, ECS observed two derelict structures, a springhead cistern, and a stone springhead
structure on the PSA. The observed man-made structures may preclude the potential for
undocumented historic, cultural, or archaeological resources located on the PSA. If land
disturbance is proposed within the area of the aforementioned structures, further consultation with
NCSHPO is recommended. If a federal nexus is identified (for example, nationwide permitting or
grant funding), a more intensive cultural resources survey may be required.
Other additional items for assessment are not recommended at this time. Depending on the final
configuration of the site plan design, and whether federal agencies become involved in the project due to
permitting or funding, additional assessment may be required.
Closure
ECS appreciates the opportunity to provide our services to you. Please contact Thomas Hawkins at (864)
350-2414, or via email at [e-mail] if you have questions or require additional
information.
Sincerely,
ECS Southeast, LLP
J 5
Thomas S. Hawkins, Jr., PWS
Environmental Project Manager
[phone]
thawkinsa-ecslimited.com
Attachments: Figures
USFWS Field Office IPaC Letter
NCNHP Letter
NCSHPO GIS Map
Photolog
Paul M. Stephens IV, P.E., PWS
Associate Principal
[phone]
pstephensa-ecslimited.com

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_ FISH AND WILDLIFE SERVICE }
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: July 28, 2022
Project Code: 2022-0068577
Project Name: Westerfeld Estates
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

07/28/2022
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: haps://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

07/28/2022
Official Species List
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

07/28/2022
Project Summary
Project Code: 2022-0068577
Project Name: Westerfeld Estates
Project Type: Acquisition of Lands
Project Description: Due diligence prior to the potential acquisition and development of a
residential neighborhood.
Project Location:
Approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/Q35.53655725,-82.24459710151092,14z
ti
i. CI`
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7
01
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Counties: Buncombe County, North Carolina

07/28/2022
Endangered Species Act Species
There is a total of 7 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
Mammals
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis Threatened
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Reptiles
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962
Insects
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743

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Flowering Plants
NAME
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
White Irisette Sisyrinchium dichotomum
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8097
Lichens
NAME
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
4
STATUS
Endangered
Endangered
STATUS
Endangered
Critical habitats
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.

07/28/2022
USFWS National Wildlife Refuge Lands And Fish
Hatcheries
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

07/28/2022
Migratory Birds
Certain birds are protected under the Migratory
Protection Act2.
Bird Treaty Act! and the Bald and Golden Eagle
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The gyratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
https:Hecos.fws.gov/ecp/species/1626
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Sep 1 to
Aug 31
Breeds May 20
to Aug 10

07/28/2022
BREEDING
NAME
SEASON
Cerulean Warbler Dendroica cerulea
Breeds Apr 27
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
Probability Of Presence Summary
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.

07/28/2022
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
probability of presence breeding season I survey effort — no data
SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC
Bald Eagle
vulnB C ���� IIII IIII In+++ ___. ANNE ■X 111111111111 III IIII
Canada Warbler — — — — — —"—
BCC Rangewide ++ —++� ++++ ++�+ ++—+ — +++' ++++
(CON)
Cerulean Warbler 1MMM MMMM !r
---- --++ —++— +++ ++—+ ++—+ +—++'+-- ++++ ++++--- —�—�
BCC Rangewide ' NONE MEN MEN
(CON)
Chimney Swift ■■ ■ � BCC Rangewide — — — — --++ — ++ + ' +01k
111F ++,+ ++++ --- —�—�
(CON)

07/28/2022 4
Eastern Whip -poor- 4+��
will +++ +'7' ++— 4-++-- ++++ ++++--- —�—�
BCC Rangewide ---J JOB 1kin hL
(CON)
Kentucky Warbler � ���� ;;m-7
;0i"ji
�
BCC Rangewide ---- — —++ —++— +++� ++-- ++++ ++++(CON) son� on �■■
owl
Northern Saw -whet — — — — --++1" 1111 loll
++-- ++++ ++++--- —�—�
BCC -BCR
Wood Thrush +— +"" " "'"' ""
BCC Rangewide
(CON) ---- in ====
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librgg/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.
Migratory Birds FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.

07/28/2022
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides

07/28/2022
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

07/28/2022
Wetlands
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• Riverine

07/28/2022
IPaC User Contact Information
Agency:
ECS Southeast, LLP
Name:
Thomas Hawkins
Address:
1200 Woodruff Road
Address Line 2:
Suite H-12
City:
Greenville
State:
Sc
Zip:
29607
Email
[e-mail]
Phone:
8649871815

Roy Cooper, Governor
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2 - Typical view of a stream/wetland system located on the PSA.
ECS Project # 49:17970

3 - Typical view of the streams located on the PSA.
4 - Typical view of Laurel Creek, located on the southern portion of the PSA.
ECS Project # 49:17970

August 23, 2022
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7 - Typical view of the rock outcrops located on the PSA.
8 - Typical view of the upland areas on the PSA.
ECS Project # 49:17970

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10 - Typical view of the uplands on the PSA.
ECS Project # 49:17970

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20 - View of a stone structure constructed on a springhead located on the southeast portion of
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ECS Project # 49:17970

.K14n x7�
w United States Department of the Interior
FISH AND WILDLIFE SERVICE }
4m, � ' _ � {{ Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: August 01, 2023
Project Code: 2022-0068577
Project Name: Westerfeld Estates
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

08/01/2023
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:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: haps://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

08/01/2023
OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
[phone]

08/01/2023
2
PROJECT SUMMARY
Project Code: 2022-0068577
Project Name: Westerfeld Estates
Project Type: Road/Hwy - New Construction
Project Description: Nationwide permitting for the installation of an access road to a future
residential development. Plans for the access road propose impacts to
0.03-acre of federally jurisdictional wetlands.
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/Q35.53655725,-82.24459710151092,14z
Counties: Buncombe County, North Carolina

08/01/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
REPTILES
NAME
STATUS
Bog Turtle Glyptemys muhlenbergii
Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA)
Appearance
No critical habitat has been designated for this species.
(Threatened)
Species profile: https:Hecos.fws.gov/ecp/species/6962

08/01/2023
0
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
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
White Irisette Sisyrinchium dichotomum
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8097
LICHENS
NAME
Rock Gnome Lichen Gymnoderma lineare
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
STATUS
Candidate
STATUS
Endangered
Endangered
STATUS
Endangered
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

08/01/2023
USFWS NATIONAL WILDLIFE REFUGE LANDS
AND FISH HATCHERIES
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a
'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to
discuss any questions or concerns.
THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA.

08/01/2023
MIGRATORY BIRDS
Certain birds are protected under the Migratory Bird Treaty Act! and the Bald and Golden Eagle
Protection Actz.
Any person or organization who plans or conducts activities that may result in impacts to
migratory birds, eagles, and their habitats should follow appropriate regulations and consider
implementing appropriate conservation measures, as described below.
1. The gyratory Birds Treaty Act of 1918.
2. The Bald and Golden Eagle Protection Act of 1940.
3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)
The birds listed below are birds of particular concern either because they occur on the
USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your
project location. To learn more about the levels of concern for birds on your list and how this
list is generated, see the FAQ below. This is not a list of every bird you may find in this location,
nor a guarantee that every bird on this list will be found in your project area. To see exact
locations of where birders and the general public have sighted birds in and around your project
area, visit the E-bird data mapping tool (Tip: enter your location, desired date range and a species
on your list). For projects that occur off the Atlantic Coast, additional maps and models detailing
the relative occurrence and abundance of bird species on your list are available. Links to
additional information about Atlantic Coast birds, and other important information about your
migratory bird list, including how to properly interpret and use your migratory bird report, can be
found below.
For guidance on when to schedule activities or implement avoidance and minimization measures
to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE
SUMMARY at the top of your list to see when these birds are most likely to be present and
breeding in your project area.
BREEDING
NAME SEASON
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention
because of the Eagle Act or for potential susceptibilities in offshore areas from certain types
of development or activities.
Canada Warbler Cardellina canadensis
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
and Alaska.
Breeds Sep 1 to
Aug 31
Breeds May 20
to Aug 10

08/01/2023
BREEDING
NAME
SEASON
Cerulean Warbler Dendroica cerulea
Breeds Apr 27
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Jul 20
and Alaska.
https:Hecos.fws.gov/ecp/species/2974
Chimney Swift Chaetura pelagica
Breeds Mar 15
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA
to Aug 25
and Alaska.
Eastern Whip -poor -will Antrostomus voci ferns Breeds May 1
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Kentucky Warbler Oporornis formosus Breeds Apr 20
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 20
and Alaska.
Northern Saw -whet Owl Aegolius acadicus acadicus Breeds Mar 1 to
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions Jul 31
(BCRs) in the continental USA
Wood Thrush Hylocichla mustelina Breeds May 10
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31
and Alaska.
PROBABILITY OF PRESENCE SUMMARY
The graphs below provide our best understanding of when birds of concern are most likely to be
present in your project area. This information can be used to tailor and schedule your project
activities to avoid or minimize impacts to birds. Please make sure you read and understand the
FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting
to interpret this report.
Probability of Presence (■)
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your
project overlaps during a particular week of the year. (A year is represented as 12 4-week
months.) A taller bar indicates a higher probability of species presence. The survey effort (see
below) can be used to establish a level of confidence in the presence score. One can have higher
confidence in the presence score if the corresponding survey effort is also high.
How is the probability of presence score calculated? The calculation is done in three steps:
1. The probability of presence for each week is calculated as the number of survey events in
the week where the species was detected divided by the total number of survey events for
that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee
was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is
0.25.

08/01/2023
2. To properly present the pattern of presence across the year, the relative probability of
presence is calculated. This is the probability of presence divided by the maximum
probability of presence across all weeks. For example, imagine the probability of presence
in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12
(0.25) is the maximum of any week of the year. The relative probability of presence on
week 12 is 0.25/0.25 = 1; at week 20 it is 0.05/0.25 = 0.2.
3. The relative probability of presence calculated in the previous step undergoes a statistical
conversion so that all possible values fall between 0 and 10, inclusive. This is the
probability of presence score.
Breeding Season( )
Yellow bars denote a very liberal estimate of the time -frame inside which the bird breeds across
its entire range. If there are no yellow bars shown for a bird, it does not breed in your project
area.
Survey Effort (1)
Vertical black lines superimposed on probability of presence bars indicate the number of surveys
performed for that species in the 10km grid cell(s) your project area overlaps. The number of
surveys is expressed as a range, for example, 33 to 64 surveys.
No Data (—)
A week is marked as having no data if there were no survey events for that week.
Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant
information. The exception to this is areas off the Atlantic coast, where bird returns are based on
all years of available data, since data in these areas is currently much more sparse.
I probability of presence breeding season I survey effort — no data
SPECIES
JAN
FEB MAR APR MAY JUN JUL AUG
SEP OCT NOV DEC
Bald Eagle
Non -BCC
I`--
++—+ ++-i —
All 111111111111 kl■■■ L---
111111111111
Vulnerable
■M
-All
Canada Warbler — — — — — —"—
BCC Rangewide ++ —++� ++++ ++�+ ++—+ — +++' ++++
(CON)
Cerulean Warbler 1MMM MMMM !r
---- --++ —++— +++ ++—+ ++—+ +—++'+-- ++++ ++++ --- —�—�
BCC Rangewide ' NONE MEN MEN
(CON)
Chimney Swift ■■ ■ � BCC Rangewide — — — — --++ — ++ + ' +01k
111F ++,+ ++++ --- —�—�
(CON)

08/01/2023 4
Eastern Whip -poor- 4+��
will +++ +'7' ++— 4-++-- ++++ ++++--- —�—�
BCC Rangewide ---J JOB 1kin hL
(CON)
Kentucky Warbler � ���� ;;m-7
;0i"ji
�
BCC Rangewide ---- — —++ —++— +++� ++-- ++++ ++++(CON) son� on �■■
owl
Northern Saw -whet — — — — --++1" 1111 loll
++-- ++++ ++++--- —�—�
BCC -BCR
Wood Thrush +— +"" " "'"' ""
BCC Rangewide
(CON) ---- in ====
Additional information can be found using the following links:
• Birds of Conservation Concern https://www.fws.gov/program/migratory-birds/species
• Measures for avoiding and minimizing impacts to birds https://www.fws.gov/librgg/
collections/avoiding-and-minimizing-incidental-take-migratory-birds
• Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/
documents/nationwide-standard-conservation-measures.
MIGRATORY BIRDS FAQ
Tell me more about conservation measures I can implement to avoid or minimize impacts
to migratory birds.
Nationwide Conservation Measures describes measures that can help avoid and minimize
impacts to all birds at any location year round. Implementation of these measures is particularly
important when birds are most likely to occur in the project area. When birds may be breeding in
the area, identifying the locations of any active nests and avoiding their destruction is a very
helpful impact minimization measure. To see when birds are most likely to occur and be breeding
in your project area, view the Probability of Presence Summary. Additional measures or permits
may be advisable depending on the type of activity you are conducting and the type of
infrastructure or bird species present on your project site.
What does IPaC use to generate the list of migratory birds that potentially occur in my
specified location?
The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern
(BCQ and other species that may warrant special attention in your project location.
The migratory bird list generated for your project is derived from data provided by the Avian
Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding_,
and citizen science datasets and is queried and filtered to return a list of those birds reported as
occurring in the 10km grid cell(s) which your project intersects, and that have been identified as
warranting special attention because they are a BCC species in that area, an eagle (Eagle Act
requirements may apply), or a species that has a particular vulnerability to offshore activities or
development.

08/01/2023
Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your
project area. It is not representative of all birds that may occur in your project area. To get a list
of all birds potentially present in your project area, please visit the Rapid Avian Information
Locator (RAIL) Tool.
What does IPaC use to generate the probability of presence graphs for the migratory birds
potentially occurring in my specified location?
The probability of presence graphs associated with your migratory bird list are based on data
provided by the Avian Knowledge Network (AKN). This data is derived from a growing
collection of survey, banding, and citizen science datasets.
Probability of presence data is continuously being updated as new and better information
becomes available. To learn more about how the probability of presence graphs are produced and
how to interpret them, go the Probability of Presence Summary and then click on the "Tell me
about these graphs" link.
How do I know if a bird is breeding, wintering or migrating in my area?
To see what part of a particular bird's range your project area falls within (i.e. breeding,
wintering, migrating or year-round), you may query your location using the RAIL Tool and look
at the range maps provided for birds in your area at the bottom of the profiles provided for each
bird in your results. If a bird on your migratory bird species list has a breeding season associated
with it, if that bird does occur in your project area, there may be nests present at some point
within the timeframe specified. If "Breeds elsewhere" is indicated, then the bird likely does not
breed in your project area.
What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:
1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern
throughout their range anywhere within the USA (including Hawaii, the Pacific Islands,
Puerto Rico, and the Virgin Islands);
2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation
Regions (BCRs) in the continental USA; and
3. "Non -BCC - Vulnerable" birds are not BCC species in your project area, but appear on
your list either because of the Eagle Act requirements (for eagles) or (for non -eagles)
potential susceptibilities in offshore areas from certain types of development or activities
(e.g. offshore energy development or longline fishing).
Although it is important to try to avoid and minimize impacts to all birds, efforts should be made,
in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC
species of rangewide concern. For more information on conservation measures you can
implement to help avoid and minimize migratory bird impacts and requirements for eagles,
please see the FAQs for these topics.
Details about birds that are potentially affected by offshore projects
For additional details about the relative occurrence and abundance of both individual bird species
and groups of bird species within your project area off the Atlantic Coast, please visit the
Northeast Ocean Data Portal. The Portal also offers data and information about other taxa besides

08/01/2023
birds that may be helpful to you in your project review. Alternately, you may download the bird
model results files underlying the portal maps through the NOAA NCCOS Integrative Statistical
Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic
Outer Continental Shelf project webpage.
Bird tracking data can also provide additional details about occurrence and habitat use
throughout the year, including migration. Models relying on survey data may not include this
information. For additional information on marine bird tracking data, see the Diving Bird Study
and the nanotag studies or contact Caleb Spiegel or Pam Loring.
What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid
violating the Eagle Act should such impacts occur.
Proper Interpretation and Use of Your Migratory Bird Report
The migratory bird list generated is not a list of all birds in your project area, only a subset of
birds of priority concern. To learn more about how your list is generated, and see options for
identifying what other birds may be in your project area, please see the FAQ "What does IPaC
use to generate the migratory birds potentially occurring in my specified location". Please be
aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that
overlap your project; not your exact project footprint. On the graphs provided, please also look
carefully at the survey effort (indicated by the black vertical bar) and for the existence of the "no
data" indicator (a red horizontal bar). A high survey effort is the key component. If the survey
effort is high, then the probability of presence score can be viewed as more dependable. In
contrast, a low survey effort bar or no data bar means a lack of data and, therefore, a lack of
certainty about presence of the species. This list is not perfect; it is simply a starting point for
identifying what birds of concern have the potential to be in your project area, when they might
be there, and if they might be breeding (which means nests might be present). The list helps you
know what to look for to confirm presence, and helps guide you in knowing when to implement
conservation measures to avoid or minimize potential impacts from your project activities,
should presence be confirmed. To learn more about conservation measures, visit the FAQ "Tell
me about conservation measures I can implement to avoid or minimize impacts to migratory
birds" at the bottom of your migratory bird trust resources page.

08/01/2023
WETLANDS
Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section
404 of the Clean Water Act, or other State/Federal statutes.
For more information please contact the Regulatory Program of the local U.S. Army Corps of
Engineers District.
Please note that the NWI data being shown may be out of date. We are currently working to
update our NWI data set. We recommend you verify these results with a site visit to determine
the actual extent of wetlands on site.
RIVERINE
• R5UBH
• R4SBC

08/01/2023
IPAC USER CONTACT INFORMATION
Agency:
ECS Southeast, LLP
Name:
Thomas Hawkins
Address:
1200 Woodruff Road
Address Line 2:
Suite H-12
City:
Greenville
State:
Sc
Zip:
29607
Email
[e-mail]
Phone:
8649871815

Roy Cooper, Governor
■ ■■■
■■ ■ INC DEPARTMENT OF
s ■
■■�u■■ NATURAL AND CULTURAL RESOURCES
■ ■■■
August 1, 2023
Thomas Hawkins
ECS Limited
1200 Woodruff Road
Greenville, SC 29607
RE: Westerfeld Estates; 49-17970
Dear Thomas Hawkins:
D_ Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
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
0EFAR7MEN7 OF NATURAL AND CULTURAL RESOURCES
121 W. JONFS STREET_ RALEIGH_ NC 27603 • 1651 MAIL SERVICE CENT£R. RALDGH, NC 27699
OFC 919.707.9120 • FAX 919.707,9E21

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Appendix VI: Essential Fish
Habitat

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EFH Report
EFH Data Notice
EFH Mapper Report
Essential Fish Habitat (EFH) is defined by textual descriptions contained in the fishery management plans
developed by the regional fishery management councils. In most cases mapping data can not fully represent the
complexity of the habitats that make up EFH. This report should be used for general interest queries only and
should not be interpreted as a definitive evaluation of EFH at this location. A location -specific evaluation of
EFH for any official purposes must be performed by a regional expert. Please refer to the following links for the
appropriate regional resources.
Query Results
Degrees, Minutes, Seconds: Latitude = 35' 31' 53" N, Longitude = 83' 45' 26" W
Decimal Degrees: Latitude = 35.531, Longitude =-82.243
The query location intersects with spatial data representing EFH and/or HAPCs for the following
species/management units.
EFH
No additional Essential Fish Habitats (EFH) were identified at the report location.
Pacific Salmon EFH
No Pacific Salmon Essential Fish Habitat (EFH) were identified at the report location.
Atlantic Salmon
No Atlantic Salmon were identified at the report location.
HAPC s
No Habitat Areas of Particular Concern (HAPC) were identified at the report location.
EFH Areas Protected from Fishing
No EFH Areas Protected from Fishing (EFHA) were identified at the report location.
https://www.habitat.noaa.gov/apps/efhmapper/efhreport/index.html 1 /1

Appendix VII: Historic or
Prehistoric Cultural Resources

Appendix Vill: Flood Zone
Designation

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Appendix IX: Parcel
Information

Buncombe County Assessment Property Record Search
063646335400000 WESTERFELD RENOVATIONS LLC Total Appraised Value
99999 NC 9 HWY 8500 LONGVIEW CLUB DR, WAXHAW, NC, $900,100
28173
KEY INFORMATION
Zoning
Neighborhood LOFA
Land Use Code
UNDEVELOPED TRACT Municipality
Fire District
FBR Special District
Present Use
Appraisal Area
Laura Bradley [phone] [e-mail]
Exemption
Legal Description Deed Date:03/16/2021 Deed:6035-0924 Plat:0215-0127
Plat Reference
215-127
ASSESSMENT DETAILS
Land Value
$900,100
Building Value
$0
Features
$0
Total Appraised
$900,100
Value
Deferred Value
$0
Exempt Value
$0
Total Taxable
$900,100
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
OPEN USE UNDEVELOPED TRACT 200.86 acres LOFA $900,100 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.
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT
No items to display
I

VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX
CHANGE YEAR
2022-02-14 00:00:00 2022
RECENT PERMIT ACTIVITY
PERMIT DATE
No items to display
APPEALS
No recent appeal information
LAND BUILDING
FEATURES NEW
REASON FOR CHANGE VALUE VALUE
VALUE VALUE
NEW PARCEL RESULT OF $900,100 $0
$0 $900,100
SPLIT
PERMIT TYPE
PERMIT STATUS
No Photo Available
Data last updated: 07/24/2023

Buncombe County Assessment Property Record Search
063653790100000 DUBBERLY SHERI, DUBBERLY CURTIS Total Appraised Value
99999 NC 9 HWY 1006 AREZZO CIR, BOYNTON BEACH, FL, $128,600
33436
KEY INFORMATION
Zoning
Neighborhood LOFA
Land Use Code
UNDEVELOPED TRACT Municipality
Fire District
FBR Special District
Present Use
Appraisal Area
Laura Bradley [phone] [e-mail]
Exemption
Legal Description Deed date: 2022-02-10 Deed: 6183-1020 SubDiv: Block: Lot: 1 Section: Plat: 0223-0112
Plat Reference
223-112
ASSESSMENT DETAILS
Land Value
$128,600
Building Value
$0
Features
$0
Total Appraised
$128,600
Value
Deferred Value
$0
Exempt Value
$0
Total Taxable
$128,600
Value
LAND INFORMATION
ZONING LAND USE CODE
OPEN USE UNDEVELOPED TRACT
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
13.10 acres LOFA $128,600 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.
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT
02/10/2022 $170,000 Qualified Sale 6183-1020 WDT
VALUE CHANGE HISTORY

DATE OF VALUE EFFECTIVE TAX
CHANGE YEAR
2022-02-14 00:00:00 2022
RECENT PERMIT ACTIVITY
PERMIT DATE
No items to display
APPEALS
No recent appeal information
REASON FOR CHANGE
NEW PARCEL RESULT OF
SPLIT
PERMIT TYPE
LAND BUILDING
VALUE VALUE
$128,600 $0
PERMIT STATUS
No Photo Available
FEATURES NEW
VALUE VALUE
$0 $128,600
Data last updated: 07/24/2023

Buncombe County Assessment Property Record Search
063643351400000 EGGERT EMILY, EGGERT GLEN, EGGERT Total Appraised Value
76 WESTERFELD ESTATES WAY JANILLE, EGGERT KRISTOPHER $147,200
2167 NC HIGHWAY 9, BLACK MTN, NC,
28711
KEY INFORMATION
Zoning
Neighborhood LOFA
Land Use Code
UNDEVELOPED TRACT Municipality
Fire District
FBR Special District
Present Use
Appraisal Area
Laura Bradley [phone] [e-mail]
Exemption
Legal Description
Deed date: 2022-02-04 Deed: 6181-752 SubDiv: Block: Lot: 3 Section: Plat: 0222-0146
Plat Reference
222-146
ASSESSMENT DETAILS
Land Value
$147,200
Building Value
$0
Features
$0
Total Appraised
$147,200
Value
Deferred Value
$0
Exempt Value
$0
Total Taxable
$147,200
Value
LAND INFORMATION
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE
UNDEVELOPED TRACT 20.55 acres LOFA $147,200
BUILDING INFORMATION
IS THE BUILDING INFORMATION ON YOUR PROPERTY RECORD CARD CORRECT?
FLOODPLAIN
NO
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.
BUILDING(S)
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE BOOK/PAGE DEED INSTRUMENT
02/04/2022 $225,500 Qualified Sale 6181-752 WDT

VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX
CHANGE YEAR
2022-02-14 00:00:00 2022
RECENT PERMIT ACTIVITY
PERMIT DATE
No items to display
APPEALS
No recent appeal information
LAND BUILDING
FEATURES NEW
REASON FOR CHANGE VALUE VALUE
VALUE VALUE
NEW PARCEL RESULT OF $147,200 $0
$0 $147,200
SPLIT
PERMIT TYPE
PERMIT STATUS
No Photo Available
Data last updated: 07/24/2023