20231412 Ver 1_Old_Chlt_PCN_10.17.23_20231017

CLearWaLer
An EnviroScience Company
C1earWater Environmental Consultants, Inc
www.cwenv.com
October 17, 2023
Mr. Mitchell Anderson Ms. Stephanie Goss
US Army Corps of Engineers NC DWR, 401 Permitting & Buffer Unit
Asheville Regulatory Field Office 512 N. Salisbury Street, 9th Floor
151 Patton Avenue, Room 208 Raleigh, North Carolina 27604
Asheville, North Carolina 28801
RE: Old Charlotte Highway (+/- 99 Ac)
Nationwide Permit 29 Request
Action ID: SAW-2022-01699
Buncombe County, North Carolina
Dear Mr. Anderson and Ms. Goss,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Golden Hour
Collective LLC, represented by Andrew Levin. The project site is approximately 99-acres and is
composed of Buncombe County parcels: 966785231200000, 966785821300000, and
966778607600000. The site is located along Old Charlotte Highway in Hendersonville, North
Carolina (35.5558366,-82.4683819).
The current applicant is seeking a Nationwide Permit 29 for wetland, stream, and open water
impacts associated with residential development of this tract.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A copy of this application has been sent via
email to Mr. Andrew Moore, NC Division of Water Resources (Asheville Office) and Mr.
Byron Hamstead, US Fish & Wildlife Service (Asheville Office).
Sincerely,
Emily Tarsa
Biologist
Copy issued:
NCDEQ Division of Water Resources (Asheville Office) — Andrew Moore
USFWS (Asheville Office) — Byron Hamstead
R. Clement Riddle, P.W.S
Senior Scientist
145 Th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW — 2022 - 1699
1. Project Name: Old Charlotte Highway
2. Work Type: Private 7 Institutional ❑
Government ❑ Commercial 11
3. Project Description / Purpose:
NWP 29 for a +/- 99 acre tract in Buncombe County, NC.
4. Property Owner /Applicant:
Golden Hour Collective, LLC; represented by Andrew Levin
5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company
6. Related Action ID Number(s): SAW-2022-01699
7. Project Location - Coordinates, Street Address, and/or Location Description:
35.5558366,-82.4683819; Old Charlotte Highway, Asheville, NC 28803
8. Project Location -Tax Parcel ID: 966785231200000, 966785821300000, 966778607600000
9. Project Location —County: Buncombe
10. Project Location — Nearest Municipality or Town : Asheville
11. Project Information — Nearest Waterbody: Gashes Creek (Class C)
12. Watershed / 8-Digit Hydrologic Unit Code: Upper French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404
Regulatory Action Type:
❑Standard Permit
✓ Nationwide Permit # 29
❑ Regional General Permit #
❑ Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
0 Compliance
❑ No Permit Required
Revised 20210513

Emily Tarsa
From: 401 PreFile <401 [e-mail]>
Sent: Tuesday, June 6, 2023 5:32 PM
To: Clement Riddle
Subject: Automatic reply: [External] Overhill Apartments
This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and
submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR
will not be able to accept your application without this federally required documentation. 401 applications
received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be
returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact
list(s).
For Non -Transportation Central Staff:
https://deg.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer-permitting/401-
buffer-permitting-contacts
For Non -Transportation Regional
Staff: https://edocs.deg.nc.Rov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deg.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
permitting/staff-contacts

CL, (v� a r, V vu I L- Ln � �
An EnviroScience Company®
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Paul Wcjoski
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby authorize
Clearwater Environmental Consultants, Inc. (CEC} to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Property Owner of Record: ASZ C AeU i, J i,:� L L G
Property Owner Address:V-01
vh �1 ssy
Phone Number:
9 5 Z -
Z-`ti ZLMD0
Email address:
Property Location: kb+ C7Ls:�) GAlead o-Oc- IhJL
Owner/Managing partner Signature: CJ
Owner/Managing printed name:
Date: -::�III I ZZ
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone: [phone]
www.cwenv.com

Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
966785231200000 BAILEY R Total Appraised Value
OLD CHARLOTTE HWY 247 CHARLOTTE ST # 1, ASHEVILLE, NC, $526,000
28801
KEY INFORMATION
Zoning
R-3 Neighborhood OFTC
Land Use Code
UNDEVELOPED TRACT Municipality -
Fire District
FRE Special District -
Present Use
F-PRESENT USE/F
Appraisal Area
Whitney Meadows 828-250-4959 [e-mail]
Exemption
-
Legal Description
Deed Date: 01/20/1987 Deed: 1462-0135 Subdiv: Block: Lot: Section: Plat: 0000-0000
Plat Reference
ASSESSMENT DETAILS
Land Value $526,000
Building Value $0
Features $0
Total Appraised $526,000
Value
Deferred Value $515,400
Exempt Value $0
Total Taxable $10,600
Value
LAND INFORMATION
ZONING LAND USE CODE
SIZE NEIGHBORHOOD ASSESSED VALUE
FLOODPLAIN
RESIDENTIAL UNDEVELOPED TRACT
37.94 acres OFTC
$526,000
NO
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE
BOOK/PAGE
DEED INSTRUMENT
No items to display
VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX
LAND BUILDING
FEATURES
NEW
CHANGE YEAR
REASON FOR CHANGE
VALUE VALUE
VALUE
VALUE
2021-02-01 2021
RAPP REAPPRAISAL
$526000 $0
$0
$526,000
NOTICE
RECENT PERMIT ACTIVITY
PERMIT DATE
PERMIT TYPE
PERMIT STATUS
No items to display

Data last updated: 07/28/2022

Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
966783076000000 BAILEY R
113 OLD CHARLOTTE HWY 247 CHARLOTTE ST # 1, ASHEVILLE, NC,
28801
KEY INFORMATION
Zoning
I NS Neighborhood R5TA
Land Use Code
VAC LAND Municipality -
Fire District
FRE Special District -
Present Use
F-PRESENT USE/F
Appraisal Area
Whitney Meadows 828-250-4959 [e-mail]
Exemption
-
Legal Description
Deed Date: 01/12/2010 Deed: 4754-0636 Subdiv: Block: Lot: Section: Plat: 0000-0000
Plat Reference
ASSESSMENT DETAILS
Land Value
$54,900
Building Value
$0
Features
$0
Total Appraised
$54,900
Value
Deferred Value
$4,400
Exempt Value
$0
Total Taxable
$50,500
Value
LAND INFORMATION
Total Appraised Value
$54,900
ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE
FLOODPLAIN
NEIGHBORHOOD SERVICE VAC LAND 1.09 acres R5TA
$54,900
NO
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE
BOOK/PAGE
DEED INSTRUMENT
2010-01-12 $135,000 Not Qualified
4754-636
WDT
VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX LAND
BUILDING
FEATURES
NEW
CHANGE YEAR REASON FOR CHANGE VALUE
VALUE
VALUE
VALUE
2021-02-01 2021 RAPP REAPPRAISAL $54900
$0
$0
$54,900
NOTICE
RECENT PERMIT ACTIVITY
PERMIT DATE PERMIT TYPE
PERMIT STATUS
No items to display

-
I.. 'I N � I - --
200 ft
Z�N
---< 1�
Data last updated: 07/28/2022

Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
966785821300000 BAILEY R Total Appraised Value
107 OLD CHARLOTTE HWY 247 CHARLOTTE ST # 1, ASHEVILLE, NC, $813,300
28801
KEY INFORMATION
Zoning
R-3 Neighborhood OFTC
Land Use Code
RES >3 ACRES Municipality -
Fire District
FRE Special District -
Present Use
F-PRESENT USE/F
Appraisal Area
Whitney Meadows 828-250-4959 [e-mail]
Exemption
-
Legal Description
Deed Date: 01/20/1987 Deed: 1462-0133 Subdiv: Block: Lot: Section: Plat: 0000-0000
Plat Reference
ASSESSMENT DETAILS
Land Value $776,500
Building Value $30,900
Features $5,900
Total Appraised $813,300
Value
Deferred Value $731,300
Exempt Value $0
Total Taxable $82,000
Value
LAND INFORMATION
ZONING LAND USE CODE
SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN
RESIDENTIAL RES >3 ACRES
59.77 acres OFTC
$776,500
NO
TRANSFER HISTORY
TRANSFER DATE TRANSACTION PRICE VALID SALE
BOOK / PAGE
DEED INSTRUMENT
No items to display
VALUE CHANGE HISTORY
DATE OF VALUE EFFECTIVE TAX
LAND BUILDING
FEATURES NEW
CHANGE YEAR
REASON FOR CHANGE
VALUE VALUE
VALUE VALUE
2021-02-01 2021
RAPP REAPPRAISAL
$776500 $30,900
$5,900 $813,300
NOTICE
RECENT PERMIT ACTIVITY
PERMIT DATE
PERMIT TYPE
PERMIT STATUS
No items to display

Data last updated: 07/28/2022

b�0F wA r' �6'
T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b.
Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑X Yes ❑ No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ❑X No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a.
Name of project:
Old Charlotte Highway
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Asheville
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Golden Hour Collective, LLC
3b.
Deed Book and Page No.
Multiple (see attached property data)
3c.
Responsible Party (for LLC if
applicable):
Andrew Levin
3d.
Street address:
7803 Glen Roy Road, Suite 200
3e.
City, state, zip:
Bloomington, MN 55439
3f.
Telephone no.:
952-288-2000
3g.
Fax no.:
n/a
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

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

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
Multiple (see attached property data)
1 b. Site coordinates (in decimal degrees):
Latitude: 35.555836 Longitude:-82.468381
1 c.
Property size:
99 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Gashes Creek
2b. Water Quality Classification of nearest receiving water:
C
2c.
River basin:
Upper French Broad / 06010105
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site is largely forested and contains an existing gravel road/trails running through the center of the property. Two streams branch through
the southern part of the property, along with an open water pond in the SW corner and meadow habitat in the SE corner. The surrounding land use is
a mixture of low- and high -density residential properties, commercial properties, a school, and large tracts of undeveloped forest to the N and NE.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.227
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 3,232
3d. Explain the purpose of the proposed project:
Authorize stream impacts for road crossings, wetland impacts for a fill pad, and open water impacts associated with residential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Additional Information following the PCN form.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: See 4d.
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑X Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): J. Golladay & M. Beyer
Agency/Consultant Company: Clearwater Env. Cnslts
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A PJD was issued September 16, 2022 (SAW-2022-01699; Appendix A).
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b.
If yes, explain.
Page 3of10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands ❑X Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1 P
Fill
Headwater Wetland
Yes
Corps
0.021
W2 P
Fill
Headwater Wetland
Yes
Corps
0.008
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
0.029
2h. Comments:
W1 is the combined acreage for multiple sections of neighboring linear wetlands between existing culverts.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
UT - Gashes Creek
PER
Corps
4.2
94
S2 P
Culvert
UT - Gashes Creek
PER
Corps
4.3
60.8
S3 P
Culvert
UT - Gashes Creek
PER
Corps
4.9
17.6
S4
Choose one
-
-
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
172.4
3i. Comments:
Impacts to acres of stream bed (total = 0.017 acres):
S1 = 0.009
S2 = 0.006 acres
S3 = <0.002 acres
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then indivi ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 P
Unnamed pond
Fill
Pond
0.207
02
Choose one
Choose
03
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments: 01 is a hydrologically isolated, non -jurisdictional, formerly excavated agricultural pond.
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B 1
Yes/No
B2
Yes/No
B3
Yes/No
B4
Yes/No
B5
Yes/No
B6
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See additional information following PCN form.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Appropriate erosion and sediment control measure will be implemented to avoid
unintended impacts to waters on site. The stream culverts and crossings will be installed "in -the -dry" (See Figure 5.7 for details).
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑X Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity. -
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6of10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes ❑X No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7of10

E.
Stormwater Management and Diffuse Flow Plan (required by DWQ)
1.
Diffuse Flow Plan
1 a.
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
24.5 %
2b.
Does this project require a Stormwater Management Plan?
❑X Yes ❑ No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative
description of the plan:
The proposed project is subject to review and approval by Buncombe County. Buncombe County is a delegated authority for the review and approval
of Stormwater Management Plans. A Stormwater Management Plan was submitted to Buncombe Co. and
is currently under review. Documentation of
approval can be forwarded upon request.
2e.
Who will be responsible for the review of the Stormwater Management Plan?
Buncombe Co.
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is this project?
Buncombe Co.
❑X Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8of10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑X No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes X❑ No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not result in additional development that could affect downstream water quality.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
Wastewater
the proposed project, or available capacity of the subject facility.
be treated by the The fine Old Charlotte has tie-in the
will municipal sewer system. existing sewer runs along road and a on north side of
the
road within the project boundary (Figure 5.0).
Page 9of10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ❑X No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑X Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Additional Information following the PCN form and Appendix B.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed August 15, 2023 at https://www.habitat.noaa.gov/apps/efhmapper/.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See Additional Information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
-T
❑ Yes ❑X No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panels: 3700966800J, 3700967800J, 3700966700J, 3700967700J, 3700966600J & 3700967600J.
See Figure 6.
Emily Tarsa
�e'
10-09-2023
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant is provided.
Page 10 of 10

PCN Form Additional Information
Section B.3e Project Description - Details
The project proposes a high -density residential complex with four multi -unit buildings and 306
single-family townhomes, and on -site water and sewer utility line extensions. An existing gravel
road runs through the center of the property and five perennial streams with multiple unnamed
tributaries run through the southern section of the property (see Figures 3 and 5.0). The site plan
proposes constructing one access road through the site to the proposed lots that connects to Old
Charlottle Highway. This access road will cross on -site streams, necessitating permanent impacts
to the stream via culvert installation.
The proposed sewer line will tie into the existing sewer line within the property boundary along
the northern edge of Old Charlotte Highway. An existing municipal water supply line is located
along Old Charlotte Highway and will be used to serve the development. There will be no
additional impacts for sewer or water connections (Figure 5.0). The proposed project will disturb
approximately 56 acres of land for tree clearing.
Typical construction equipment will be used on site including bulldozers, excavators, dump trucks,
etc.
Section D.la Avoidance and Minimization - Design
The project design avoids permanent impacts to 0.205 acres of wetlands (91 % of wetlands on
site). Wetland impacts on -site are limited to two areas: one area for a building fill pad (currently a
series of linear wetlands with preexisting culverts), the second for impacts associated with an
amenity feature for the development. Permanent stream impacts will total 172.4 linear feet, or 5%
of the total linear feet of stream on -site. The access road through the site avoids additional
crossings by meandering over the stream origin to access residential lots on the other side of the
tributary. One open water impact is proposed on the southern end of the property to accommodate
amenity features for the development. This pond is a former agricultural pond and is currently
primarily occupied by invasive plant species.
Section F.Sd Endangered Species and Designated Critical Habitat — Sources
A threatened and endangered species review and habitat assessment is included in Appendix B.
This initial report was done in June 2022 and a revised report was done in October 2023.
During completion of threatened and endangered species habitat assessments for the Old Charlotte
Highway Bailey Tract, ClearWater observed potentially suitable habitat for bog turtle, white irisette,
and potentially suitable summer habitat for the NLEB and Tricolored Bat. The northern population
of bog turtle does not occur in North Carolina; therefore, would not be adversely affected by this
project.
To avoid potential impacts to NLEB, ClearWater recommends limiting tree clearing activities to
October 16 or November 16, depending on proximity to known hibernacula, to March 31.
Consultation with FWS may be required if hibernacula are in close proximity. FWS may also
require lighting specifications to minimize adverse effects to this species.

For the tricolored bat, ClearWater recommends limiting tree clearing activities from November 1
to March 31 to avoid adverse impacts. Any updates to the proposed listing of this species should
be obtained if those updates occur prior to commencement of this project as they could affect tree
clearing activities.
The survey was conducted within the USFWS Designated Survey Window for white irisette (late
May - July). Several individuals of Sisyrinchium angustifolium were observed. However, no white
irisette (Sisyrinchium dichotomum) individuals were observed within the areas of suitable habitat,
or elsewhere, on the site. Therefore, it is the opinion of ClearWater that this project is not likely to
adversely affect this species.
No suitable habitat was observed on site for any other federally protected species known to
potentially occur within the vicinity of the project site.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
No listed historic sites are located within a one -mile radius of the property. Two surveyed sites
are located near the project site:
• Sayles House; Site ID: BN0923 (Status SO) is located approximately 0.2 miles west of the
project site.
• Louis Weegman House; Site ID: BN0926 (Status SO) is located approximately 0.6 miles
west of the project site.
Data was gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed August 15,
2023.

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0 ToC: Toecane Tusquitee complex, 8 to 15 percent slopes, bouldery
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0 TpE: Toecane Tusquitee complex, 30 to 50 percent slopes, very bouldery
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5.1 - OLD CHARLOTTE
MASTER PLAN BULLETIN
OCTOBER 2023

5.2 - OLD CHARLOTTE
"S1" IMPACT BULLETIN
OCTOBER 2023
EXISTING STREAM (TYP)
NOFTH
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"S2" IMPACT BULLETIN
OCTOBER 2023
NNOFTH
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PROPOSED TEMPORARY SANDBAG WALL FOR
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"S3" IMPACT BULLETIN , - -`- - 3 6 12
OCTOBER 2023 /
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/ DEVELOPMENT AMENITY AREA
WITH CLUBHOUSE & POOL
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NOFTH
0 30
5.6 - OLD CHARLOTTE
"W2" IMPACT BULLETIN
OCTOBER 2023
\�
_
_
37 �\)
PROPOSED STORM
SYSTEM (TYP)
V �

Dewatering Device
(or dirt/sediment bag)
Discharge Hose
Dewatering Pump
P (as needed)
Flow r
F� Work Area
Sandbag/Stone Barrier
\ \'— Discharge Hose f
Discharge Pump
Into Velocity Work Area
Dissipater Length Not To Exceed
That Which Can Be
Completed In One Day
Sha°+inn
Work Area
Sump —hole
Or Pool
12 Min Depth
Flow 2' Min Diamet
Intake
Hose
Diversion Pump
Base Flow + 1 Foot
(2 Foot Minimum)
Cross Section Of Sandbag/Stone Diversion
SECTION A -A
D3.01 PUMP AROUND / DEWATERING
PLAN VIEW DETAIL
NOT TO SCALE
C C CD."D
Concepts, PA
NCBELS #: C-2184
D3.02
WATER SURFACE
CIRCULAR CULVERT
o2.0' MIN COVER
STREAM CULVERT
NOT TO SCALE
TOP VIEW
= SEWN IN NECK
DIRTBAG
3
OPENING
ACCOMODATES UP
TO 4' DISCHARGE
LENGTH HOSE
NOTES:
1) DIRTBAG TO BE PLACED ON AGGREGATE OR STRAW
2) SEAMS MUST BE HIGH STRENGTH DOUBLE STITCHED 'J' SEAMS
3) SEAM MUST BE TESTED UNDER ASTM D-4884, ACF TEST RESULTS AVAILABLE UPON REQUEST
4) THIS WORK SHALL CONSIST OF FURNISHING, PLACING AND REMOVAL OF ASSOCIATED DEVICE
4) CONTRACTOR IS REQUIRED TO USE A DIRTBAG DB-55 OR APPROVED EQUIVELENT
CROSS SECTION
r
DB55 FABRIC PROPERTIES
PROPERTY TEST METHOD MARV
TENSILE STRENGTH ASTM D-4632 205 LBS
ELONGATION ASTM D-4632 50%
CBR PUNCTURE ASTM D-6241 525 LBS
UV RESISTANCE ASTM D-4355 70%
ADS ASTM D-4751 80 US SIEVE
PERMITTIVITY ASTM D-4491 14 SEC-1
FLOW RATE ASTM D-4491 90 GPM/SF
OFFICEI
283I CARDNELL ROAD
AOFCORPORATE
ACF ➢B55 DIRTBAG
RICHMOND, VA 23234
P4 800-448-3636
P[r s �[r it oou a WVWACFENVIRONMENTALCON
FOR ADDITIONAL INFORMATION PLEASE CONTACT ACF ENVIRONMENTAL
Pk 800-448-3636 / WWWACFENVIRENMENTALCON
INITIAL BACKFILL
(COMPACTED TO 98%
STANDARD PROCTOR)
HAUNCH
(COMPACTED TO 98%
STANDARD PROCTOR)
SUITABLE FOUNDATION
DEWATERING BAG
NOT TO SCALE
D3.03
5.7 - OLD CHARLOTTE
IMPACT BULLETIN DETAILS
OCTOBER 2023

Mud Creek Interceptor (+/- 17.6 AC)

Appendix A:
Preliminary Jurisdictional Determination and
Current Delineation Map
(SAW-2022-01699 / Issued: September 16, 2022)

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. 2022-01699 County: Buncombe U.S.G.S. Quad: NC-Oteen
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor:
Golden Hour Collective, LLC
Andrew Levin
Address:
7803 Glenroy Road, Suite 200
Bloomington, MN 55439
Telephone Number:
952-288-2000
E-mail:
legal(&durancompanies.com
Size (acres) 99 Nearest Town Asheville
Nearest Waterway Gashes Creek River Basin French Broad -Holston
USGS HUC 06010105 Coordinates Latitude: 35.555836
Longitude:-82.4683819
Location description: The site is located along Old Charlotte Highway/Hwy 74, near Asheville, 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 9/16/2022. Therefore
this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory
mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection
measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any
way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may
request an approved JD, which is an appealable action, by contacting the Corps district for further instruction.
❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404
of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403).
However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which
is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters,
including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
❑ There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section
404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
❑ The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. We strongly
suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once

2022-01699
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.i onesAusace.army.mil.
C. Basis For Determination: See the preliminary jurisdictional determination form dated 09/16/2022 and
attached Figure 5.
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B.
above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
AND
PHILIP.A. SHANNIN(a)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 RFAArip to the Division Office if you do not object to the determination in this correspondence.**
Corps Regulatory Official:
Date of JD: 09/16/2022 Expiration Date of JD: Not applicable

2022-01699
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
hlt2s://regulatoly.ops.usace.g.M.mil/customer-service-survev/.
Copy Furnished:
C1earWater, Attn: Jeff Golladay (via email)

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 09/16/2022
Golden Hour Collective, LLC, Andrew Levin, 7803
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Glenroy Road, Suite 200, Bloomington, MN 55439
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Old Charlotte Highway PJD,
2022-01699
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Buncombe city: Asheville
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.5558366 Long.:-82.4683819
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Gashes Creek (Class C)
E. REVIEW PERFORMED FOR SITE EVALUATION CHECK ALL THAT APPLY):
x❑ Office (Desk) Determination. Date: 09/16/2022
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
See attached Aquatic Resources Table

Table 1. Aquatic Resources
Site number
Latitude
Longitude
Estimated amount of
aquatic resource in
review area
Type of aquatic
resource
Geographic authority to which
the aquatic resources "may
be" subject
SA
1 35.55340300
-82.46817000
1974
Non -Wetland
Section 404
SB
35.55326270
-82.46753700
373
Non -Wetland
Section 404
SC
35.55359000
-82.46750300
110
Non -Wetland
Section 404
SD
35.55309400
-82.46973900
718
Non -Wetland
Section 404
SE
35.55274600
-82.46975000
57
Non -Wetland
Section 404
WA
35.55209900
-82.46991200
0.002
Wetland
Section 404
WB
35.55220500
-82.46971400
0.01
Wetland
Section 404
WC
35.55269200
-82.46971700
0.028
Wetland
Section 404
WD
35.55310000
-82.46976700
0.017
Wetland
Section 404
WE
35.55302600
-82.46812600
0.007
Wetland
Section 404
WF
35.55331300
-82.46740400
0.044
Wetland
Section 404
WG
35.55356000
-82.46769800
0.011
Wetland
Section 404
WH
35.55365900
-82.46698700
0.001
Wetland
Section 404
WJ
35.55376600
-82.46688500
0.002
Wetland
Section 404
WK
35.55381300
-82.46707500
0.019
Wetland
Section 404
WL
35.55390500
-82.46685800
0.0005
Wetland
Section 404
WM
35.55406000
-82.46689100
0.001
Wetland
Section 404
WN
35.55414200
-82.46700800
0.004
Wetland
Section 404
WP
35.55504900
-82.46682700
0.001
Wetland
Section 404
WQ
35.55679600
-82.47015200
0.079
Wetland
Section 404
OW1
35.55186000
-82.46954600
0.207
Non -Wetland
Section 404
OW2
35.55667200
-82.47028700
0.061
Non -Wetland
Section 404

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Vicinity, USGS Topo, Aerial, USDA Soil, Wetland/Stream Delineation
❑E Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■
U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Scale; Oteen Quad
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
1
State/local wetland inventory map(s):
FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is:
❑ Photographs: ❑■ Aerial (Name & Date):
or ❑ Other (Name & Date):
.(National Geodetic Vertical Datum of 1929)
NCCGIA 2019
❑ Previous determination (s). File no. and date of response letter:
❑■ Other information (please specify): Property Data
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.
ako-��
Signatt.1'rel9id date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

Old Charlotte Highway Tract (+/- 99 AC)
Jurisdictional wetlands and waters identified on this map have
been located within sub -meter accuracy utilizing a Trimble
mapping grade Global Positioning System (GPS) and the
subsequent differential correction of that data. GPS points may
demonstrate uncorrectable errors due to topography, vegetative
cover, and/or multipath signal error.
Note: The illustrated wetland and stream locations are
approximate. These areas have been flagged in the field;
however, they have not been surveyed. Although ClearWater
Environmental Consultants, Inc. (CEC) is confident in our
assessment, the US Army Corps of Engineers (Corps) is the only
agency that can make final decisions regarding jurisdictional
wetland and waters of the US delineations. Therefore, all
preliminary determinations are subject to change until written
verification is obtained. CEC strongly recommends that written
verification be obtained from the Corps prior to closing on the
property, beginning any site work, or making any legal reliance
on this determination.
This map was prepared by CEC using the best information
available to CEC at the time of production. This map is for
informational purposes only and should not be used to
determine precise boundaries, roadways, property boundary
lines, nor legal descriptions. This map shall not be construed to
be an official survey of any data depicted.
Source Data: Topo & Parcel Boundary - Buncombe County;
Aerial Imagery - NC OneMap
Potentially Jurisdictional Waters of the US
Wetland
Acres
Stream
Linear Acres
Feet (stream bt
WA
0.002
SA
1,974
0.160
WB
0.010
SB
373
0.021
WC
0.028
SC
110
0.006
WD
0.017
SD
718
0.059
WE
0.007
SE
57
0.004
WIT
0.044
WG
0.011
WH
0.001
WJ
0.002
WK
0.019
WL
0.0005
WM
0.001
WN
0.004
WP
0.001
WQ
0.0 79
Total
0.227
Total
3,232
0.250
� Data Points
Wetland
Open Water
Stream �, �
Culvert +�
_Iz
f = Project Boundary 'I
4 ft. Contours
0 250 500 1,000
Feet
Buncombe County,
North Carolina
_ 1 J•Y
Potentialy Jurisdictional
Waters of the US
Open Water
Acres
owl 0.207
OW2 0.061
Total 0.268
1
I
I
1
1
I
1
1
I
I
Potential Non -
Waters of the
SD-718L.F.(0.
Potential Wetland
Waters of the US
WB - 0.010 Ac
W C - 0.028 Ac
WD - 0.017 Ac
Unnamed Tributary to
Gashes Creek (Class C)
Potential Wetland
Waters of the US 1NPotoent'arlsNon-WetlSa
WA - 0.002 Ac 1Wateof the U
W 1 - 0.207 Ac
CLear\Nater
An EnriroSrience Company®
145 7thAve West, Suite B
Hendersonville, North Carolina 28792
'----
I
1
1
Wetland
---- ------
-$�
--- - - -
I
1
I
I
I
I
I
I
I
1
I
I
I
1
I
1
1
Potential Wetland
Waters of the US
1
WQ - 0.079 Ac
I
� I
DP-Wi DP-UPLl
I
I
WQ
I
Potential Non -Wetland
I
0W2 Waters of the US
OW2-0.061
Ac
Potential Wetland
1
-
Waters of the US
I
WP-0.001Ac
I
Potential Non Wetland
1
Waters of the US
-
SA - 1,974 L.F. (0.16C Ac)
I
_
WP 1
SA
I
Potential Non -Wetland
Waters of the US
Potential Wetland
SE - 57 L.F. (0.004 Ac)
Waters of the US
WE - 0.007 Ac
Potential Wetland
WG - 0.011 Ac
Waters of the US
WK - 0.019 Ac
WM - 0.001 Ac
US
WN-0.004Ac
WN
WL-0.0005Ac
059 Ac)SD
WM WJ - 0.002 Ac
inn WH- 0.001 Ac
Potential Non -Wetland
Waters of the US
SB - 373 L.F. (0.021 Ac)
Waters of the US
SC -110 L.F. (0.006 Ac)
Potential Wetland
Waters of the US
WF-0.044Ac
Project Boundary
Stream and Wetland Map
September 16, 2022
Figure 5

Appendix B:
Federally Protected Species Habitat Assessment Report

Old Charlotte Hwy (Bailey Tract)
Approximately (+/-) 99 Acres
Buncombe County, NC
247 Charlotte St #1
Asheville, 28801
Revised Preliminary Threatened and Endangered Species Review and Habitat
Assessment
Prepared For:
Ms. Jacquel Hajder
Director of Development
7803 Glenroy Rd. STE 200
Bloomington, MN 55439
Prepared By
CLearWaLer
An EnviroScience Company .0
145 7t" Avenue W
Suite B
Hendersonville, NC 28792
Original Report Date: June 22, 2022
Revised Report Date: October 17, 2023

Table of Contents
1.0
INTRODUCTION...................................................................................................2
2.0
METHODOLOGY..................................................................................................2
3.0
HABITAT CLASSIFICATION.................................................................................3
3.1
Mixed Pine -Hardwood Forest.............................................................................3
3.2
Meadow..............................................................................................................4
3.3
Disturbed Coridors.............................................................................................4
3.4
Oak -Hickory Forest............................................................................................5
3.5
Stream................................................................................................................6
3.6
Pond...................................................................................................................6
3.7
Swamp Forest -Bog Complex..............................................................................6
3.8
Soils...................................................................................................................6
4.0
PROTECTED SPECIES........................................................................................6
4.1
Appalachian Elktoe.............................................................................................7
4.2
Bald Eagle..........................................................................................................7
4.3
Bog Turtle...........................................................................................................8
4.4
Gray Bat.............................................................................................................9
4.5
Mountain Sweet Pitcher Plant.............................................................................9
4.6
Northern Long-eared Bat..................................................................................10
4.7
Rock Gnome Lichen.........................................................................................10
4.8
Tricolored Bat...................................................................................................11
4.9
White Irisette....................................................................................................12
5.0
CONCLUSION AND RECOMMENDATIONS.......................................................13
List of Tables
Table 1: US Fish and Wildlife Service IPaC - Official Species List.
Table 2: USDA Soil Units occurring within the project boundary.
List of Figures
Figure 1: Site Vicinity Map
Figure 2: USGS Topographic Map
Figure 3: NCCGIA Aerial Imagery Map
Figure 4: NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data
Appendix B: Photolog

1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species survey and habitat assessment for the proposed approximately 98.8-acre project
known as Old Charlotte Highway (Bailey Tract). The study area occupies a partially forested
tract located at approximately 107 Old Charlotte Highway, Asheville, Buncombe County,
North Carolina (Figure 1). The site ranges in elevation from 2,204 feet to 3,256 feet above
mean sea level (MSL) (Figure 2).
The threatened and endangered species survey was conducted to determine the occurrence
of or the potential for existence of federally listed threatened and endangered animal and
plant species, in addition to the bald eagle, within the study area (Figure 3). Completion of
this survey was directed by and complies with three current state and federal regulations: the
Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina
Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant
Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22).
2.0 METHODOLOGY
The protected species surveys and habitat assessment was conducted on June 17, 2022,
on the approximately 98.8-acre project by ClearWater, an EnviroScience Company
(ClearWater) to determine the potential for occurrences of animal and plant species listed as
endangered or threatened by current federal regulations.
The initial official species list was obtained through the US Fish and Wildlife Service (FWS)
Information and Planning and Consultation (IPaC) on May 26, 2022. A revised list was
obtained through IPaC on October 17, 2023. This species list provides existing data
concerning the presence or potential occurrence of threatened or endangered species in the
defined project boundary (Appendix A). The FWS lists seven (7) federally threatened and
endangered species, in addition to the bald eagle and bog turtle (threatened due to similar
appearance), as occurring or potentially occurring in the project boundary.
Table 1. FWS IPaC generated Official Species List for federally protected species listed as
potentially occurring within the project boundary.
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bald Eagle
Haliateetus leucocephalus
BGPA'
Bog Turtle
Clemmys muhlenbergii
Threatened
Gray bat
Myotis grisescens
Endangered
Mountain sweet pitcher plant
Sarracenia rubra ssp. jonesii
Endangered
Northern long-eared bat
Myotis septentrionalis
Threatened
Rock gnome lichen
Gymnoderma lineare
Endangered
Tricolored bat
Perimyotis subflavus
Proposed Endangered
White Irisette
Sisyrinchium dichotomum
Endangered
Protected by the Bald and Golden Eagle Protection Act.
2 Threatened due to similar appearance; not subject to Section 7 consultation.
A database search from the NC Natural Heritage Program (NHP) dated May 26, 2022
provided existing data concerning the presence or potential occurrences of federal and state
listed species in Buncombe County, North Carolina within one mile of the site (Appendix A).
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The NHP database does not contain any element occurrences (EO) of federally threatened
or endangered species within a one -mile radius of the project boundary.
During pedestrian field surveys conducted by ClearWater biologists, site habitats were
identified and compared with recognized habitats for the nine (9) federally protected species
listed as potentially occurring on the site. Potential flora were identified to the taxonomic unit
level necessary to determine if the observed specimen was a protected species.
3.0 HABITAT CLASSIFICATION
During the site visit on June 17, 2022, ClearWater biologists identified seven (7) habitats:
mixed pine -hardwood forest, meadow, disturbed corridors, oak -hickory forest, stream, pond,
and forested wetland. A general overview of the site and descriptions of each habitat type
are included below.
The project site covers approximately 99.8 acres and is located southeast of Asheville. The
south side of the project boundary is bordered by Old Charlotte Highway.
The following is a description of each of the habitat types identified on the referenced site.
3.1 Mixed Pine -Hardwood Forest
The mixed pine -hardwood habitat occupied the southwest portion of the project
site, to the north of the manmade pond. This habitat is dominated by tulip poplar
(Liriodendron tulipifera), white pine (Pinus strobus), and red maple (Acer rubrum).
Additional tree species observed include sourwood (Oxydendrum arboretum),
northern red oak (Quercus rubra), and bitternut hickory (Carya cordiformis).
The shrub and sapling stratum is moderately dense and dominated by red maple,
black cherry (Prunus serotina), and white pine. Additional understory species
observed include sourwood, bitternut hickory, white oak (Quercus albs), Florida
dogwood (Cornus florida), American holly (Ilex opaca), mountain laurel (Kalmia
latifolia L.), red cedar (Juniperus virginiana), black gum (Nyssa sylvatica), and
Japanese barberry (Berberis thunbergii).
The herbaceous layer was moderately dense and diverse. The dominant species
include Christmas fern (Polystichum acrostichoides), Virginia creeper
(Parthenocissus quinquefolia), Oriental bittersweet (Celastrus orbiculatus), poison
ivy (Toxicodendron radicans), Jack-in-the-pulpit (Arisaema triphyllum), wineberry
(Rubus phoenicolasius), Lilium sp., common violet (Viola sororia), twisted stalk
(Streptopus amplexifolius), and rattlesnake root (Prenanthes alba). Additional
species observed include woodland strawberry (Fragaria vesca L.), woodland
bluet (Houstonia purpurea), Indian pipe (Monotropa uniflora), silverweed
(Argentina anserina), striped wintergreen (Chimaphila maculata), greenbrier
(Smilax rotundifolia), partridgeberry (Mitchella repens), sassafras, tulip poplar, red
maple, English ivy (Hedera helix), Japanese maple (Acer palmatum), pignut
hickory (Carya glabra), hayscented fern (Dennstaedtia punctilobula), lions foot
(Prenanthes serpentaria), bear cone (Conopholis americana), wood sorrel
(Oxalis), fescue (Festuca sp.), and rattlesnake plantain (Goodyera).
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3.2 Meadow
The meadow habitat includes all communities within the project site that lack an
overstory and are dominated by grasses. Canopy tree species observed include
Tulip poplar and white pine.
The shrub and sapling stratum included bitternut hickory, black cherry, and Tulip
poplar.
The herbaceous layer is dominated by fleabane (Erigeron sp.), Queen Anne's Lace
(Daucus carota), sweet vernal grass (Anthoxanthum odoratum), and orchard grass
(Dactylis glomerata). Additional species observed include poison ivy, tall
goldenrod (Solidago gigantea), Carolina horsenettle (Solanum carolinense),
common violet, Japanese honeysuckle (Lonicera japonica), broadleaf plantain
(Plantago major), multiflora rose, calico aster (Symphyotrichum lateriflorum), wild
onion (Allium sp.), tulip poplar, woodland strawberry, lyreleaf sage (Salvia lyrata),
wood sorrel, oxeye daisy (Leucanthemum vulgare), common milkweed (Asclepias
syriaca), blackberry (Rubus sp.), bentgrass (Argostis sp.), wild lettuce (Lactuca
virosa), yarrow (Achillea millefolium), bush clover (lespedeza cuneata), butterfly
milkweed (Asclepias tuberosa), and curly dock (Rumex crispus).
3.3 Disturbed Corridors
The project site included several trails and gravel roads. These corridors appeared
to be regularly disturbed and presented stretches of open canopy. No mature trees
were observed along the trail and roads. The shrub and sapling stratum included
Amur honeysuckle (Lonicera canadensis).
The herbaceous stratum along the edges of the trails and roads includes wingstem
(Verbesina alternifolia), multiflora rose, hog peanut (Amphicarpaea bracteata),
Japanese stiltgrass (Microstegium vimineum), golden ragwort (Packera aurea),
common violet, lyreleaf sage, sweet vernal grass, redtop grass (Agrostis gigantea),
calico aster, poison ivy, woodland strawberry, white clover (Trifolium repens), oxeye
daisy, Queen Anne's lace, Carolina horsenettle, common self -heal (Prunella
vulgaris), goldenrod (Solidago), and narrow -leaved blue-eyed grass (Sisyrinchium
angustifolium).
3.4 Oak -Hickory Forest
Oak -hickory Forest was the dominant forest throughout the northern half of the
project site. Dominate species observed in the tree stratum include Tulip poplar,
pignut hickory, and white oak. Additional species observed include black locust
(Robinia pseudoacacia), black cherry, Florida dogwood, northern red oak,
sourwood, mockernut hickory (Carya alba), and bitternut hickory.
Species observed in the shrub/sapling stratum include pignut hickory, black locust,
Tulip poplar, white oak, Amur honeysuckle, spicebush (Lindera benzoin), white
ash (Fraxinus americana), wingstem, white pine, eastern redbud (Cercis
canadensis), American holly, Japanese barberry, sassafras, south red oak
(Quercus falcata), and bitternut hickory.
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Species observed in the herbaceous stratum include black-eyed Susan
(Rudbeckia hirta), wingstem, Japanese stiltgrass, mountain mint
(Pycnanthemum), hog peanut, church steeples (Agrimonia eupatoria), Oriental
bittersweet, blackberry, multiflora rose, common violet, carnation (Dianthus sp),
leafcup (Polymnia sp), sweet vernal grass, Christmas fern, wild columbine
(Aquilegia canadensis), tall thimbleweed (Anemone virginiana), bloodroot
(Sanguinaria), striped wintergreen, Jack-in-the-pulpit, English ivy, wineberry,
Virginia creeper, golden ragwort, catchweed (Galium sp.), false Soloman
(Maianthemum racemosum), wild geranium (Geranium maculatum), 3-leaf
rattlesnake root (Nabalus albus), woodland bluet, red maple, spiderwort
(Tradescantia), beggar's tick (Bidens sp.), meadow rue (Thalictrum), Ebony
spleenwort (Asplenium platyneuron), black cohosh (Actaea racemosa), alumroot
(Heuchera), hayscented fern, maidenhair fern (Adiantum), and grape fern
(Sceptridium).
3.5 Stream
Several small unnamed tributaries to Gashes Creek (Class C) run throughout the
project site. The stream all generally flow north to south. The substrate of the
unnamed tributaries typically consisted of coarse sand -to -fine gravel with minor
cobbles throughout. The tributaries are generally characterized as small, with
minor -to -moderately incised banks.
Trees observed along the banks of the tributaries include white pine, red maple,
black gum, and sycamore (Platanus occidentalis).
Species observed in the understory include black gum, sourwood, elderberry
(Sambucus), Tulip poplar, red maple, mountain laurel, tag alder (Alnus incana),
and Chinese sumac (Ailanthus altissima).
Herbaceous species observed include Christmas fern, blackberry, multiflora rose,
Virginia creeper, Jack-in-the-pulpit, English ivy, hayscented fern, Japanese
stiltgrass, bugleweed (Ajuga sp.), blisterwort (Ranunculus recurvatus), poison ivy,
fox sedge (Carex vulpinoidea), Japanese knotweed (Reynoutria japonica), and
wood sorrel.
3.6 Pond
A moderately sized pond surrounded by bamboo is located near the southwest
corner of the project site. Trees observed around the pond included red maple,
Tulip poplar, Scouler's willow (Salix scouleriana), and black willow (Salix nigra).
Species observed in the shrub/sapling stratum include golden bamboo
(Phyllostachys aurea), red maple, and Tulip poplar.
Species observed in the herbaceous stratum include golden ragwort, oxeye daisy,
sweet vernal grass, Japanese honeysuckle, common self -heal, narrow -leaved blue-
eyed grass, creeping buttercup (Ranunculus repens), broadleaf plantain, horseweed
(Erigeron canadensis), softstem bulrush (Schoenoplectus tabernaemontani), soft
rush (Juncus effusus), shallow sedge (Carex lurida), wild garlic (Allium ursinum),
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heartleaf aster (Symphiotrichum sp.), green bulrush (Scirpus sp.), long leaf plantain
(Plantago lanceolata).
3.7 Forested Wetland
The forest wetland habitat encompasses all wetland within the project boundary.
Species observed in the tree stratum include red maple. Species observed in the
shrub/sapling stratum include white pine and tag alder.
The herbaceous stratum was dominated by American bur -reed (Sparganium
americanum), beggar's tick, knotweed (Polygonum sp.), and rice cutgrass (Leersia
sp.). Additional species observed include shallow sedge, common rush (Juncus
effusus), poison ivy, golden ragwort, Japanese stiltgrass, blackberry, fox sedge,
and green bulrush.
3.8 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Buncombe
County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2021).
Table 2. USDA Soil Units occurring within the project boundary.
Map Unit Symbol
Map Unit Name
ArF
Ashe-Clevel and -Rock outcrop complex, 50-90% slopes, very bouldery
CkC2
Clifton clay loam, 8-15% slopes, moderately eroded
EvD2
Evard-Cowee complex, 15-30% slopes, moderately eroded
EwD
Evard-Cowee complex, 15-30% slopes, stony
EwF
Evard-Cowee complex, 50-95% slopes, stony
ExC
Evard-Cowee complex, 8-15% slopes, stony
ExD
Evard-Cowee-Urban land complex, 15-30% slopes
RkF
Rock outcrop-Oteen complex, 30-95% slopes, very bouldery
TmC
Tate -Urban land complex, 8-15% slopes
TmD
Tate -Urban land complex, 15-30% slopes
TnE
Toecane very cobbly loam, 30-50% slopes, extremely bouldery
ToC
Toecane-Tusquitee complex, 8-15% slopes, bouldery
TpD
Toecane-Tusquitee complex, 15-30% slopes, very bouldery
TpE
Toecane-Tusquitee complex, 30-50% slopes, very bouldery
TuD
Tusquitee-Toecane complex, 15-30% slopes, stony
Ux
Urban land
4.0 PROTECTED SPECIES
The following is a brief description of each federally listed species included in the survey, its
recognized habitat, and comments regarding survey results for that species.
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4.1 Appalachian Elktoe
Federally listed as endangered, the
Appalachian elktoe (Alismidonta
raveniliana) has a thin but not fragile,
kidney -shape shell, reaching up to
about 3.2 inches in length, 1.4 inches in
height, and 1.0 inch wide (Clarke 1981).
Juveniles generally have a yellowish -
brown periostracum (outer shell
surface) while the periostracum of the
adults is usually dark brown to
greenish -black in color. Although rays
are prominent on some shells, particularly in the posterior portion of the shell, many
individuals have only obscure greenish rays. The shell nacre (inside shell surface)
is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish
color in the central and beak cavity portions of the shell; some specimens may be
marked with irregular brownish blotches (adapted from Clarke 1981). Only two
populations of the species are known to survive. The healthiest of these
populations exists in the main stem of the Little Tennessee River between Emory
Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain
County, North Carolina. The second population occurs in the Nolichucky River
system. The Appalachian elktoe has been reported from relatively shallow,
medium-sized creeks and rivers with cool, well -oxygenated, moderate- to fast -
flowing water. It has been observed in gravelly substrates often mixed with cobble
and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse,
sandy substrates (Department of the Interior 1994).
Suitable habitat for Appalachian elktoe is not present within the study area. The
unnamed tributary is degraded by sedimentation, pollution, and slow-
moving/partially stagnant water. It is the opinion of ClearWater that the proposed
project would have no effect on this species.
4.2 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently. Bald
and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and
the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles
are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet.
Sometimes confused with golden eagles, bald eagles are mostly dark brown until
they are four to five years old and acquire their characteristic coloring.
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
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rivers, and some seacoasts. In winter, the birds congregate near open water in
tall trees for spotting prey and night roosts for sheltering.
Based on a desktop review using 2019 aerial imagery, no potentially suitable
feeding sources for bald eagles were identified within a 1-mile radius of the project
site. Bald eagles typically nest within 1-mile of suitable feeding sources.
Due to lack of potentially suitable feeding sources within 1 mile of the project site,
it is the opinion of ClearWater that the proposed project is not likely to disturb
nesting bald eagles.
4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is
federally listed as threatened in North Carolina.
This is the smallest emydid turtle, and one of the
smallest turtles in the world. Adult carapace
length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The
dark brown or black carapace may be marked
with radiating light lines or a light blotch on the
vertebral and pleural scutes. Scute annuli are
usually prominent in juvenile and young adult
specimens, but the carapace may be nearly
smooth in old adults. The head, neck, and limbs
,o
are typically dark brown with variable reddish to yellow spots and streaks. A large
reddish -orange to yellow blotch is visible behind and above each tympanum,
sometimes merging into a continuous band on the neck. The upper jaw is weakly
notched. The plastron is brown or black, but often with lighter yellow blotches
towards the medial and anterior scute edges. A mature male bog turtle has a
concave plastron and a long, thick tail, with the vent posterior to the rear edge of
the carapace with tail extended. The female has a flat plastron and a thinner,
smaller tail, with the vent at or beneath the rear carapace edge.
The southern population of the bog turtle, ranging from southern Virginia to
northern Georgia, is also protected with a threatened designation because its
physical appearance is similar to the northern population. The southern bog turtle
population is separated from the northern population by approximately 250 miles.
However, individual bog turtles in the southern population closely resemble
individuals in the northern bog turtle population, causing difficulty in enforcing
prohibitions protecting the northern population. Therefore, the FWS has
designated the southern population as "threatened (similarity of appearance)."
This designation prohibits collecting individual turtles from this population and bans
interstate and international commercial trade. It has no effect on land management
activities of private landowners in southern states where the bog turtle lives.
Potentially suitable habitat for bog turtle was found on site. The emergent wetlands
within the project boundary have uneven surface relief. Additionally, these
wetlands exhibit long term saturation and contain pockets of surface water. The
wetlands are part of a larger wetland and stream complex, connecting multiple
emergent wetlands. However, the northern population of bog turtle does not occur
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in North Carolina. It is of the opinion of ClearWater that the proposed project would
have no effect on the northern bog turtle.
4.4 Gray Bat
The gray bat (Myotis grisescens) is the largest member of its genus in the eastern
United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It
is easily distinguished from all other bats within its range by its mono -colored fur.
All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following
molt in July or August, gray bats are dark gray, but they often bleach to chestnut
brown or russet between molts (especially apparent in reproductive females during
May and June). The wing membrane connects to the foot at the ankle rather than
at the base of the first toe, as in other species of Myotis. Gray bats roost in caves
year-round. Most winter caves are deep and vertical; all provide large volume
below the lowest entrance and act as cold air traps. A much wider variety of cave
types are used during spring and fall transient periods. In summer, maternity
colonies prefer caves that act as warm air traps or that provide restricted rooms or
domed ceilings that are capable of trapping the combined body heat from
thousands of clustered individuals.
No naturally occurring suitable habitat (caves) for the gray bat was observed on
this site. It is of the opinion of ClearWater that this project is not likely to adversely
affect this species.
4.5 Mountain Sweet Pitcher Plant
Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous
perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling
flowers. The hollow leaves contain liquid and enzymes. When insects fall into the
pitchers, they are digested and the nutrients are incorporated into the plant's
tissues. The evolutionary role of carnivory in such plants is not fully understood,
but some evidence indicates that absorption of minerals from insect prey may allow
carnivorous species to compete in nutrient -poor habitats. The unusual red flowers
(yellow in rare cases) appear from April to June, with fruits ripening in August.
Flowering plants reach heights of 29 inches. Very little specific information is
available on the biology of the mountain sweet pitcher plant. Like other pitcher
plants, it has rhizomes that are probably long-lived and capable of persisting and
reproducing vegetatively for decades without producing seedlings.
Mountain sweet pitcher plant occurs in mountain bogs.
Potentially suitable habitat for the mountain sweet pitcher plant was not observed
on site. No mountain bogs are present. No members of the Sarracenia genus were
observed in any of the wetlands on site. The survey was conducted during the
USFWS designated optimal survey window for the mountain sweet pitcher plant
(April -October). It is the opinion of ClearWater that the proposed project would
have no effect this species.
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4.6 Northern Long-eared Bat
The Northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized
bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its
name suggests, this bat is distinguished by its long ears, particularly as compared
to other bats in its genus, Myotis, which are actually bats noted for their small ears
(Myotis means mouse -eared). The NLEB is found across much of the eastern and
north central United States and all Canadian provinces from the Atlantic coast west
to the southern Northwest Territories and eastern British Columbia. NLEBs spend
winter hibernating in caves and mines, called hibernacula. They typically use large
caves or mines with large passages and entrances; constant temperatures; and
high humidity with no air currents. Summer habitat for the NLEB consists of the
cavities, hollows, cracks, or loose bark of live or dead trees typically greater than
three inches DBH (diameter at breast height).
No naturally occurring suitable wintering habitat for the NLEB exists within the
property boundary. Potentially suitable summer habitat for NLEBs was observed
on site in the form of mature trees, rock outcrops, and large snags in the forested
areas. ClearWater biologists did not conduct a bat survey to confirm or deny the
presence of protected bat species.
Due to the presence of suitable summer habitat, the FWS will likely limit tree
clearing on site during the bat's active season (April 1-October 15 or November 15
depending on proximity to known hibernacula). Conducting a bat survey near the
start of the active summer season could confirm or deny the presence of this
species on site. A negative presence/absence survey result may be able to waive
the tree clearing moratorium. The window for conducting presence/absence
surveys is June 1 - August 15.
It is the opinion of ClearWater that tree clearing conducted between November 16
and March 31 should support a may affect, not likely to adversely affect
determination for this species; however, consultation with FWS may still be
required. Tree clearing from October 16-November 16 may also result in a not
likely to adversely affect determination, but additional data on nearby occurrences
of NLEB (non-public information) would be needed from FWS.
4.7 Rock Gnome Lichen
Federally listed as an endangered species, rock gnome lichen (Gymnoderma
lineare) occurs on rocks in areas of high humidity either at high elevations (usually
vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at
lower elevations. Distinguishing characteristics include dense colonies of narrow
(.04 inch) straps that are blue -grey on the upper surface and generally shiny -white
on the lower surface. Near the base they grade to black (the similar species of
Squamulose cladonias are never blackened toward the base). Fruiting bodies are
borne at the tips of the straps and are black (similar Cladonia species have brown
or red fruiting bodies). Flowering occurs July through September.
Suitable habitat for this species was not observed within the project boundary.
There was no evidence of rock outcrops observed within the project boundary.
Additionally, the elevation of the project site was significantly lower than the typical
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elevation for rock gnome lichen habitats. Rock gnome lichen habitat is typically
above 5,000 feet, where clouds or fog provide regular moisture required for
suitable habitat. It is the opinion of ClearWater that the proposed project would
have no effect on the rock gnome lichen.
4.8 Tricolored Bat
Tricolored bat (Perimyotis subflavus) is a small -sized bat that
averages 3 to 3.5 inches in length with an average wingspan of
approximately 9 inches. The fur color varies from yellow to
brown to black, with younger individuals generally having darker
coloration. The key characteristic, as the name suggests, is
their tricolored back, which is a gradient from dark near the tail,
light in the middle, and dark near the head.
The tricolored bat is found across the eastern half of North
America. In winter months, this species hibernates in humid caves. Specifically in
the southeastern US, they have also been found hibernating in road culverts and
occasionally in tree cavities. In the spring, summer, and fall, when this species is
not hibernating, they can be found in open forests, forest edges, and occasionally
in crevices of old buildings. Their diet is composed almost exclusively of flying
insects, typically foraged from open fields and waterways along forested areas.
This species is currently listed as proposed endangered by the USFWS as of
September 13, 2022. No formal federal management guidelines for protecting this
species and its associated habitat have been released from USFWS. USFWS has
12 months after the closure of the public notice period (ended November 14, 2022)
to determine the final listing status of this species. If this species becomes listed
as threatened or endangered, federal management guidelines will be set in place
to minimize adverse impacts.
Potentially suitable summer habitat for this species was observed on site. The
forested areas contain several snags. Until management guidelines from USFWS
are published, it is anticipated that a tree clearing moratorium would be put into
place from approximately April 1 through October 31 if the proposed endangered
listing becomes effective.
ClearWater recommends avoiding tree clearing in the non -hibernation season,
between April 1 and October 31, to minimize potential impacts to this species. If
seasonal tree clearing is conducted in winter months, it would be the opinion of
ClearWater that this project may affect but is not likely to adversely affect the
tricolored bat. Any updates to the proposed listing of this bat species should be
obtained if those updates occur prior to commencement of this project as they
could affect tree clearing activities.
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4.9 White Irisette
White Irisette (Sisyrinchium
dichotomum) is federally listed as
endangered. This plant occurs on rich,
basic soils probably weathered from
amphibolite, in clearings and the
edges of upland woods where the
canopy is thin and often where
downslope runoff has removed much
of the deep litter layer ordinarily
present on these sites.
This plant grows in a dichotomously branching pattern. It is 4 to 8 inches tall with
pale bluish -green basal leaves and tiny white flowers with reflexed petals in a
cluster of 4 to 6 at the ends of winged stems. The fruit is round with 3 to 6 seeds.
White flowers and dichotomous branching pattern distinguish it from similar
species. The species flowers in late May through July (USFWS 2013).
Due to the high elevation, soil complex, sparse canopy, and moderately steep
slopes potentially suitable habitats for the white irisette were observed in several
locations on site. Areas of potential suitable habitat are above 1,300 feet above
MSL, on Evard-Cowee complex soil series (Figure 4), are southwest to southeast
facing steep, rocky slopes, and have oak -hickory forest types with partially open
canopy or edge habitat.
Additionally, the underlying geology of these areas is known to contain lenses and
layers of silicate and amphibolite rock that tends to result in neutral soil acidity,
which is key for this species. The area in which the NHP documented occurrence
of white irisette is in a stand of mature oak -hickory forest with an open understory.
This area was documented to have been thinned by logging activities (prior to the
2000s), leaving gaps in the canopy that allow partial sunlight to penetrate to the
forest floor.
The present survey was conducted within the USFWS Designated Survey Window
for white irisette (late May - July). Several individuals of Sisyrinchium
angustifolium, which is in the same family as the white irisette, were observed.
However, no white irisette (Sisyrinchium dichotomum) individuals were observed
within the areas of suitable habitat, or elsewhere, on the site. Therefore, it is the
opinion of ClearWater that this project is not likely to adversely affect this species.
Clearwater, an EnviroScience Company
Project #16131 Old Charlotte Hwy (Bailey Tract) Page 12

5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessments for
the Old Charlotte Highway Bailey Tract, ClearWater observed potentially suitable
habitat for bog turtle, white irisette, and potentially suitable summer habitat for the
NLEB and Tricolored Bat. The northern population of bog turtle does not occur in
North Carolina; therefore, would not be adversely affected by this project.
To avoid potential impacts to NLEB, ClearWater recommends limiting tree clearing
activities to October 16 or November 16, depending on proximity to known
hibernacula, to March 31. Consultation with FWS may be required if hibernacula
are in close proximity. FWS may also require lighting specifications to minimize
adverse effects to this species.
For the tricolored bat, ClearWater recommends limiting tree clearing activities from
November 1 to March 31 to avoid adverse impacts. Any updates to the proposed
listing of this species should be obtained if those updates occur prior tc
commencement of this project as they could affect tree clearing activities.
A bat survey was not conducted to formally confirm or deny the presence of
federally protected bat species; however, conducting a bat survey in the summer
active season would determine the presence of absence of federally protected bat
species on site. The window for conducting presence/absence surveys is June 1
to August 15.
The present survey was conducted within the USFWS Designated Survey Window
for white irisette (late May - July). Several individuals of Sisyrinchium
angustifolium, were observed. However, no white irisette (Sisyrinchium
dichotomum) individuals were observed within the areas of suitable habitat, or
elsewhere, on the site. Therefore, it is the opinion of ClearWater that this project
is not likely to adversely affect this species.
Potential flora was identified to the taxonomic unit level necessary to determine if
the observed specimen was a protected species. This survey was conducted during
the optimum survey window for mountain sweet pitcher plant, rock gnome lichen,
Virginia spiraea, and white irisette.
It is of the opinion of ClearWater that the development of the Old Charlotte Highway
project is not likely to adversely affect federally protected species listed as potentially
occurring within the project boundary.
Because of the transitory nature of some of the listed threatened and endangered
species and the flower/fruiting periods of some plants; it is possible that endangered
species populations and locations may change over time. Therefore, any potential
findings at a later date should be fully investigated and coordinated with appropriate
agencies to prevent potential adverse impacts.
Clearwater, an EnviroScience Company
Project #16131 Old Charlotte Hwy (Bailey Tract) Page 13

6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2021. e; Accessed July
2022
NCWRC. 2020. Appalachian Elktoe Distribution.
https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian-
Elktoe#3017843-distribution; Accessed July 2022.
NRCS (Natural Resources Conservation Service). 2021. Web Soil Survey for
Buncombe County.
https:Hwebsoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed July
2022.
USFWS. 1992. Virginia Spiraea (Spiraea virginiana Britton) Recovery Plan. Newton
Corner, Massachusetts. 47 pp.
USFWS. 1997. Gray Bat Factsheet.
https://www.fws.gov/midwest/endangered/mammals/pdf/gray-bat.pdf; Accessed
July 2022.
USFWS. 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans)
Yoshimura and Sharp. Atlanta, GA. 30 pp.
USFWS. 2007. Bald Eagle Fact Sheet.
https://www.fws.gov/migratorVbirds/pdf/management/bald-eagle-fact-sheet.pdf;
Accessed July 2022.
USFWS. 2011. Bog Turtle Fact Sheet. https://www.fws..qov/southeast/pdf/fact-
sheet/bog-turtle.pdf; Accessed July 2022.
USFWS. 2011. Mountain Sweet Pitcher Plant Fact Sheet.
https://www.fws.qov/asheville/pdfs/MtSweetPitcherPlant factsheet.pdf; Accessed
July 2022.
USFWS. 2011. Rock Gnome Lichen Fact Sheet. https://www.fws.gov/southeast/pdf/fact-
sheet/rock-gnome-lichen.pdf; Accessed July 2022
USFWS. 2017. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife
Service: Bald Eagle Protection Act of 1940.
https://www.fws.gov/laws/lawsdigest/baldeql.html. Accessed July 2022.
USFWS. 2019. Appalachian Elktoe.
https://www.fws.gov/southeast/wildlife/mussels/appalachian-elktoe/; Accessed
July 2022.
USFWS. 2019. Bog Turtle. https://www.fws.qov/northeast/nvfo/es/boqturtle.htm;
Accessed July 2022
USFWS. 2023. Tricolored bat. Environmental Conservation Online System.
https:Hecos.fws.gov/ecp/species/10515. Accessed September 2023.
USWFS Asheville Field Office. 2016. Northern long-eared bat - what it means for you
project. https://www.fws.gov/asheville/htmis/project review/NLEB in WNC.html;
Accessed July 2022
USFWS Information, Planning, and Consultation System. 2021.
https:Hecos.fws.gov/ipac/; Accessed July 2022.
USFWS Midwest Region. 2015. Northern Long-eared Bat Fact Sheet.
https://www.fws.gov/Midwest/endangered/mammals/nleb/pdf/NLEBFactSheet0l
April20l5.pdf; Accessed July 2022.
Clearwater, an EnviroScience Company
Project #16131 Old Charlotte Hwy (Bailey Tract) Page 14

Figures

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

Appendix B:
Photolog

Figures
ClearWater, an EnviroScience Company
Project #16131 Old Charlotte Hwy (Bailey Tract) Page 16

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Buncombe County An En wroScience Company a Vicinity Map
North Carolina 145 7th Ave West, Suite B Figure 1
Hetidersonwille, North Carolina 29792

Old Charlotte Highway (Bailey Tract) (+/- 101 AC)
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Project Boundary A
Aerial Imagery Map
NCCGIA 2019
Figure 3

Old Charlotte Highway (Bailey Tract) (+/- 101 AC)

Appendix A:
US Fish and Wildlife Service I PaC -
Official Species List and NC Natural
Heritage Program Data
ClearWater, an EnviroScience Company
Project #16131 Old Charlotte Hwy (Bailey Tract) Page 17

(f
United States Department of the Interior
FISH AND WILDLIFE SERVICE
0'R Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2024-0005751
Project Name: Old Chlt_update
October 17, 2023
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. Effects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

10/17/2023
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 BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BA/BE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat maybe affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handhnnk.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
■ Bald & Golden Eagles
• Migratory Birds
■ Wetlands
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

10/17/2023
3
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]

10/17/2023
4
PROJECT SUMMARY
Project Code: 2024-0005751
Project Name: Old Chlt_update
Project Type: Residential Construction
Project Description: Proposed residential development
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/035.5553324,-82,46843145309285,14z
4 '
z
,r
74 k"
�h''r�alre�Nw
Counties: Buncombe County, North Carolina

10/17/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheries1, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https: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

10/17/2023
CLAMS
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4283
White Irisette Sisyrinchium dichotomum Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/8097
LICHENS
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/3933
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
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.

Roy Cooper, Governor
0■ ■■IF NC DEPARTMENT OF
■ !
■■k�■A NATURAL AND CULTURAL RESOURCES
■ ■■■
May 26, 2022
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, INC 28792
RE: 107 Old Clt Highway Tract; 16131
Dear ClearWater Environmental Consultants, Inc.:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCN H DE-18088
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:
https://www.fws.gov/offices/Di rectory_/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation
planning, project review, and scientific research, and are not intended for use as the primary criteria
for regulatory decisions. Information provided by the NCNHP database may not be published
without prior written notification to the NCNHP, and the NCNHP must be credited as an information
source in these publications. Maps of NCNHP data may not be redistributed without permission.
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(a)ncdcr.clov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL. AND CULTURAL RESOURCES
1:1 W. JONES STREET, RALEIGI 4_ NC 27fiO3 - 1651 MAIL SERVICE CENTER, RALCIGH. NC 27699
OFC 915707.9120 • FA 919.707.4121

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
107 Old Clt Highway Tract
Project No. 16131
May 26, 2022
NCNHDE-18088
Element Occurrences Documented Within Project Area
Taxonomic EO ID Scientific Name mmon Name
LdbL Element Accuracy Federal
State
Global
State
Group
Observation Occurrence Status
Status
Rank
Rank
Date Rank
Natural 19310 Low Elevation Basic ---
1986-08 A? 2-High ---
---
G2
S2
Community Glade (Montane
Subtype)
Vascular Plant 5053 Draba ramosissima Branching Draba
1974-06 H 3-Medium ---
Significantly
G4
S2
Rare
Peripheral
Natural Areas Documented Within Project Area
[ite Name Representational
Rating Collective Rating
Cedar Cliff/Little Cedar Mountain R2 (Very High)
C3 (High)
No Managed Areas Documented within the Project Area
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.orq/helip. Data query generated on May 26, 2022; source: NCNHP, Q1, April 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 5

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
107 Old Clt Highway Tract
Project No. 16131
May 26, 2022
NCNHDE-18088
Element Occurrences
Documented
Within a One
-mile Radius of the Project
Area
Taxonomic
EO ID
Scientific Name
Common Name WWI
Last
Element
Accuracy
Federal State
Global
State
Group
Observation Occurrence
Status Status
Rank
Rank
�i
Date
Rank
+`
ME
Dragonfly or
33442
Calopteryx amata
Superb Jewelwing
2004-Pre
H?
5-Very
--- Significantly
G5
S1S2
Damselfly
Low
Rare
Natural
19310
Low Elevation Basic
---
1986-08
A?
2-High
--- ---
G2
S2
Community
Glade (Montane
Subtype)
Natural
40722
Restricted Data Area
Contact National Park
E
2-High
--- ---
GNR
SNR
Community
Service for data
Vascular Plant
5053
Draba ramosissima
Branching Draba
1974-06
H
3-Medium
--- Significantly
G4
S2
Rare
Peripheral
Vascular Plant
17520
Draba ramosissima
Branching Draba
1985-06
A
3-Medium
--- Significantly
G4
S2
Rare
Peripheral
Vascular Plant
11361
Epilobium ciliatum ssp.
American Willow -herb
1986-08
E
3-Medium
--- Significantly
G5T5
S2
ciliatum
Rare
Peripheral
Vascular Plant
14784
Euphorbia commutate
Cliff Spurge
1986-08
B
3-Medium
--- Threatened
G5
S1
Vascular Plant
17061
Euphorbia purpurea
Glade Spurge
1986-07
C?
3-Medium
--- Significantly
G3
S3
Rare
Throughout
Vascular Plant
19812
Primula meadia
Shooting -star
1969-05-23
H
3-Medium
--- Special
G5
S2S3
Concern
Vulnerable
Vascular Plant
16033
Rudbeckia triloba var.
Chauncey's
1986-08
H?
3-Medium
--- Significantly
GSTNR
S1
beadlei
Coneflower
Rare
Throughout
Vascular Plant
1079
Rudbeckia triloba var.
Chauncey's
1986-08
H?
3-Medium
--- Significantly
GSTNR
S1
beadlei
Coneflower
Rare
Throughout
Page 3 of 5

Natural Areas Documented Within a One -mile Radius of the Project Area
Site Nam Representational Rating
Cedar Cliff/Little Cedar Mountain
R2 (Very High)
Collective Rating
C3 (High)
Managed Areas Documented Within a One -mile Radius of the Project Area
Managed Area Na77e wner Owner Type
Blue Ridge Parkway US National Park Service Federal
Mountains -to -Sea Trail NC DNCR, Division of Parks and Recreation State
Definitions and an explanation of status designations and codes can be found at httos://ncnhde.natureserve.or./q help. Data query generated on May 26, 2022; source: NCNHP, Q1, April 2022. Please
resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 4 of 5

W
1 Ga
Penney
Cove
r�
S
May 26, 2022
Managed Area (MAREA)
❑ NHP Natural Area (NHNA)
❑ Buffered Project Boundary
❑ Project Boundary
NCNHDE-18088: 107 Old Clt Highway Tract
K71Ci) / 'X .
Owenby
Cove
ti
.ti
B � �
O
I �
o
T�
a
4
74
i
Ch (nut
untam
D 0,33 0.65 1.3 Miles
Sources: Esn, Airbus OS, USGS, NGA NASA, CGIAR, N Rabinson, NCEAS,
NLS, 05. NMA. Geodat rAyrelsen, Rgkswafer L-I. GSA Gealand. FEMA,
Inlermap and the GIS usef Wmmunity
Saurces� Esri, HERE- Garmin. FAO, NOAA, USGS, 0 OpmStrtMMap
aonlributars. and Ibe GIS User Community
Page 5of5

Appendix B:
Photolog
ClearWater, an EnviroScience Company
Project #16131 Old Charlotte Hwy (Bailey Tract) Page 18

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a
17
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Photo 3. Typical view of oak -hickory forest habitat in the northern half of the property.
Photo 4. Typical view of meadow habitat on -site.

.. iiii '
x'
Photo 7. Typical view of the unnamed tributaries on -site.
Photo 8. View of emergent wetland abutting an unnamed tributary.