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HomeMy WebLinkAbout20240062 Ver 1_Pilot Project 9583_Mills Gap Rd_PCN Application_12.26.23_20231227Preliminary ORM Data Entry Fields for New Actions ACTION ID 9: SAW- 2018-01751 Prepare file folder ❑ Begin Date (Date Received): December 26, 2023 Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Landing at Meadowview 2. Work Type: ❑✓ Private ❑Institutional ❑Government ❑ Commercial 3. Project Description / Purpose [PCN Form 133d and B3e]: The purpose of the project is to develop the site with a residential subdivision. 4. Property Owner / Applicant [PCN Form A3 or A4]: Fletcher Meadow View Partners, LLC 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Pilot Environmental, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: 35.432311 °/-82.492256°, Mills Gap Road 8. Project Location —Tax Parcel ID [PCN Form Bla]: 9653908512 9. Project Location — County [PCN Form A2b]: Henderson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Fletcher 11. Project Information — Nearest Waterbody [PCN Form 132a]: Cane Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 06010105 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit 9 Regional General Permit 9 Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ::]Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 V L���Fa7 NORTH CAROLINA Environmental Quahry Water Resources Office Use Only Corps Action ID no. 2018-01751 Date received: 12/26/2023 DWR project no. Date received: 12/26/2023 Site Coordinates: Latitude (DD.DDDDDD): 35.432311' Longitude (DD.DDDDDD):-82.492256' Form Version 1.5, September 2020 Pre -Construction Notification (PCN) Form (Ver. 1.5, September 2020) For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications Please note: fields marked with a red asterisk are required. The form is not considered complete until all mandatory questions are answered. The online help file may be found at this link: https:Hedocs.deg.nc.gov/WaterResources/0/edocl6247041PCN%2OHelp%2OFile%202018-1-30.pdf The help document may be found at this link: http://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Before submitting this form, please ensure you have submitted the Pre -Filing Meeting Request Form as DWR will not be able to accept your application without this important first step. The Pre -Filing Meeting Request Form is used to satisfy 40 C.F.R. Section 121.4(a) which states "At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency." In accordance with 40 C.F.R. Section 121.5(b)(7), and (c)(5), all certification requests must include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. Attach documentation of Pre -Filing Meeting Request to this Application. Date of Pre -filing Meeting Request (MM/DD/YYYY) : 5/18/2023 DWR ID # Version 1 (If applicable) A. Processing Information County (counties) where project is located: Henderson Additional (if needed). Is this a public transportation project? (Publicly funded municipal, state, or federal road, rail, ❑ Yes ❑x No or airport project) Is this a NCDOT project? ❑ Yes ❑x No If yes, NCDOT TIP or state project number: Click to enter. If yes, NCDOT WBS number: Click to enter. ❑x Section 404 Permit (wetlands, streams, waters, Clean Water Act) la. Type(s) of approval sought from the Corps: ❑ Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) Pagel of 21 PCN Form - Version 1.5, September 2020 ❑x Nationwide Permit (NWP) 1 b. Permit type(s)? ❑ Regional General Permit (RGP) ❑ Standard (IP) This form may be used to initiate the standard/ individual permit process with the USACE. Please contact your Corps representative concerning submittals for standard permits. All required items can be included as separate attachments and submitted with this form. 1 c. Has the NWP or GP number been verified by the Corps? ❑ Yes ❑x No NWP number(s): NWP 18 RGP number(s): Click to enter. 1 d. Type(s) of approval sought from the DWR (check all that apply): ❑x 401 Water Quality Certification — Regular ❑ 401 Water Quality Certification— Express ❑ Non-404 Jurisdictional General Permit ❑ Riparian Buffer Authorization ❑ Individual 401 Water Quality Certification 1e. Is this notification solely for the record because written approval is not required? For the record only for DWR 401 Certification: * ❑ Yes ❑x No For the record only for Corps Permit: * ❑ Yes ❑x No 1f. Is this an after -the -fact permit/certification application? ❑ Yes ❑x No 1 g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? ❑ Yes ❑x No If yes, attach the acceptance letter from mitigation bank or in -lieu fee program. 1 h. Is the project located in any of NC's twenty coastal counties? ❑ Yes ❑x No 1 i. Is the project located within an NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑x No ❑ Unknown 1j. Is the project located in a designated trout watershed? ❑ Yes ❑x No If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office. Trout information may be found at this link: http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Agency-Coordination/Trout.aspx Page 2 of 21 PCN Form - Version 1.5, September 2020 B. Applicant Information 1 a. Who is the primary contact? Amanda Williams 1 b. Primary Contact Email: asiegal_williams@bscholdings.com 1 c. Primary Contact Phone: (###)###-#### (336) 292-9010 1 d. Who is applying for the permit/certification? (check all that apply) ® Owner ❑ Applicant (other than owner) 1 e. Is there an agent/consultant for this project? ® Yes ❑ No 2. Landowner Information 2a. Name(s) on Recorded Deed: Fletcher Meadowview Partners, LLC 2b. Deed Book and Page No.: 003370/00443 2c. Responsible Party (for corporations): Amanda Williams 2d. Address Street Address: 150 Cane Creek Road Address line 2: P.O. Box 16168 City: High Point State/ Province/ Region: NC Postal/ Zip Code: 27261 Country: U.S. 2e. Telephone Number: * (###)###-#### (336) 292-9010 2f. Fax Number: (###)###-#### (336) 632-0207 2g. Email Address: * asiegal_williams@bscholdings.com 3. Applicant Information (if different from owner) 3a. Name: Click to enter. 3b. Business Name (if applicable): Click to enter. 3c. Address: Street Address: Click to enter. Address line 2: Click to enter. City: Click to enter. State/ Province/ Region: Click to enter. Postal/ Zip Code: Click to enter. Country Click to enter. 3d. Telephone Number: * (###)###-#### Click to enter. 3e Fax Number: (###)###-#### Click to enter. Page 3 of 21 PCN Form - Version 1.5, September 2020 3f. Email Address: Click to enter. 4. Agent/ Consultant (if applicable) 4a. Name: * Michael T. Brame 4b. Business Name: Pilot Environmental, Inc. 4c. Address: * Street Address: 743 Park Lawn Court Address line 2: Click to enter. City: Kernersville State/ Province/ Region: NC Postal/ Zip Code: 27284 Country: U.S. 4d. Telephone Number: (###)###-#### (336) 708-4620 4e Fax Number: (###)###-#### Click to enter. 4f. Email Address: * mbrame@pilotenviro.com Agent Authorization Letter: Attach a completed/signed agent authorization form or letter. A sample form may be found at this link: https://www.saw. usace.army. mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre- construction-Notification/ Page 4 of 21 PCN Form - Version 1.5, September 2020 C. Project Information and Prior Project History 1. Project Information 1 a. Name of project: Landing at Meadow View 1 b. Subdivision name (if appropriate): Landing at Meadow View 1 c. Nearest municipality/town: * Fletcher, NC 2. Project Identification 2a. Property identification number (tax PIN or parcel ID): 9653908512 2b. Property size (in acres): 75.46 2c. Project Address: Street Address: Mills Gap Road Address line 2: Click to ente, City: Fletcher State/ Province/ Region: NC Postal/ Zip Code: 28732 Country: U.S. 2d. Site coordinates in decimal degrees (using 4-6 digits after the decimal point): Latitude (DD.DDDDDD): 35.432311' Longitude (-DD.DDDDDD):--82.492256° 3. Surface Waters 3a. Name of nearest body of water to proposed project: Cane Creek 3b. Water Resources Classification of nearest receiving C water: The Surface Water Classification map may be found at this link: https://ncdenr.maps.arcqis.com/apps/webappviewer/index.html?id=6e125ad7628f494694e259c80dd64265 French Broad 3c. In what river basin(s) is your project located? * Choose additional (if needed) 3d. Please provide the 12-digit HUC in which the project is 060101050703 located: The Find Your HUC map may be found at this link: https://ncdenr.maps.arcgis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3 Page 5 of 21 PCN Form - Version 1.5, September 2020 4. Project Description and History 4a. 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 site contains fields and wooded land. The site is located in a commercial/residential/agricultural area of Fletcher. 4b. Have Corps permits or DWR certifications been obtained for this ❑ Yes ❑x No ❑ Unknown project (including all prior phases) in the past? 4c. If yes, please give the DWR Certification number and/or Corps 2018-01751 Action ID (ex. SAW-0000-00000): [Click to enter.] Attach any pertinent project history documentation 4d. Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of the project site. 4e. Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. 4f. List the total estimated acreage of all existing wetlands on the 8.45 acres property: 4g. List the total estimated linear feet of all existing streams (intermittent 5,787 linear feet and perennial) on the property: 4g1. List the total estimated acreage of all existing open waters on the 0 acres property: 4h. Explain the purpose of the proposed project: The purpose of the proposed project is to construct a 99 lot single family residential subdivision. 4i. Describe the overall project in detail, including the type of equipment to be used: The overall project includes the construction of a residential subdivision. The residential subdivision contains 37 single family residences and 36 multi -family residential structures. In order to facilitate the proposed development and access the majority of the subdivision, it is necessary to cross two streams and two wetlands. In order to grade out the site and develop 2 of the lots, it is necessary to impact two additional wetlands. To facilitate the development of the site, clearing and grading the site is necessary. Graders, haulers, excavators and other heavy equipment will be used during grading and construction of the site. 4j. Attach project drawings/site diagrams/depictions of impact areas for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or in ® Yes ❑ No ❑ Unknown proposed impact areas? Comments: The site was delineated by GeoScience & Technology, P.A. in 2019. The site was verified by Mr. David Brown with the USACE on May 8, 2019 (Corps Action ID SAW- 2018-01751). A JD was issued for the site that is included as an attachment. Name (if known): Peter DeVries 5b. If 5a is yes, who delineated the jurisdictional Agency/Consultant Company: Geoscience & Technology, areas? P.A. Other: ,iiur, to entci . 5c. If the Corps made a jurisdictional determination, ❑ Preliminary 0 Approved ❑ Emailed Concurrence what type of determination was made? ❑ Not Verified ❑ Unknown Page 6 of 21 PCN Form - Version 1.5, September 2020 Corps AID number (ex. SAW-0000-00000): I SAW — 2018-01751 1 5d. List the dates of the Corps jurisdictional determination or State determination if a determination was made by either agency. USACE — May 8, 2019 5d1. Attach jurisdictional determinations. Page 7 of 21 PCN Form - Version 1.5, September 2020 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ❑x No 6b. If yes, explain. The site is a proposed single phase residential development. Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to authorize any part of the proposed project or related activity? This includes other separate and distant crossings for linear projects that require Department of the Army authorization but don't require pre -construction notification. No other permits are intended to be used. Page 8 of 21 PCN Form - Version 1.5, September 2020 D. Proposed Impacts Inventory Impacts Summary ❑x Wetlands 1 a. Where are the impacts associated with your project ❑ Buffers (check all that apply): ❑ Pond Construction ❑x Streams - tributaries ❑ Open Waters 2. Wetland Impacts If there are wetland impacts proposed on the site, complete this table for each wetland area impacted. 2a. 2a1. 2b. 2c. 2d. 2e. 2f. 2g. Site # Impact Impact Wetland Name Wetland Type Forested Jurisdiction Impact Area Reason/Type Duration ? Type (ac) W1 Fill (Incl. Permanent WL 5 Bottomland Yes Both 0.015 Riprap) Hardwood Forest W2 Fill (Incl. Permanent WL 1 Bottomland Yes Both 0.0656 Riprap) Hardwood Forest W3 Fill (Incl. Permanent WL 1 Bottomland Yes Both 0.0011 Riprap) Hardwood Forest W4 Fill (Incl. Permanent WL 1 Bottomland Yes Both 0.0044 Riprap) Hardwood Forest W5 Ch�jw— w— i emp/ Click to enter Choose on- Y/N Choose one "lick to Perm enter W6 Choose one . emp/ Click to enter Choose one Y/N Choose one (:lick to Perm inter 2g1. Total temporary wetland impacts 0 ac 2g2. Total permanent wetland impacts 0.0861 ac 2g3. Total wetland impacts 0.0861 ac 2h. Comments: Wetland impacts 1 and 2 are associated with proposed roads that provide access to the site. Permanent impacts from the roads account for 0.0806 acres of the proposed impacts. Wetland impacts 3 and 4 are associated with lot fill in order to create developable lots. Permanent impacts associated with lot fill accounts for 0.055 acres of the proposed impacts. Mitigation is not proposed for the wetland impacts. Page 9 of 21 PCN Form - Version 1.5, September 2020 3. Stream Impacts If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site, complete this table for all stream/ tributary sites impacted. ** All Perennial or Intermittent streams must be verified by DWR or delegated local government Site # 3a. Impact Reason/ Type 3b. Impact Duration 3d. Stream Name 3e. Stream Type 3f. Jurisdiction Type 3g. Stream Width (avg ft) 3h. Impact length (linear ft) S1 Crossing/ Culvert Temp/ Perm Unnamed/S1 Perennial Both 7 44/28/10 S2 Crossing/ Culvert Temp/ Perm Unnamed/S2 Perennial Both 6 45/68/10 S3 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S4 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S5 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S6 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S7 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S8 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S9 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S10 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S11 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S12 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S13 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S14 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter S15 Choose one Temp/ Perm Click to enter Per/Int Choose one Click to enter Click to enter 3i1. Total jurisdictional ditch impact: 0 linear ft 3i2. Total permanent stream impacts: 185 linear ft 36. Total temporary stream impacts: 20 linear ft 3i4. Total stream and ditch impacts: 205 linear ft 3j. Comments: The road crossing culvert and fill at location S1 will impact 44 linear feet (308 square feet/0.0071 acres) of stream channel. The proposed rip rap (to be keyed in) at location S1 will impact 28 linear feet (196 square feet/0.0045 acres) of stream channel. The coffer dam/pump around at location S1 will temporarily impact 10 linear feet (70 square feet/0.0016 acres) of stream channel. The road crossing culvert and fill at location S2 will impact 45 linear feet (270 square feet/0.0062 acres) of stream channel. The proposed rip rap (to be keyed in) at location S2 will impact 68 linear feet (408 square feet/0.0094 acres) of stream channel. The coffer dam/pump around at location S2 will temporarily impact 10 linear feet (60 square feet/0.0014 acres) of stream channel. Stream mitigation is not proposed. Page 10 of 21 PCN Form - Version 1.5, September 2020 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., individually list all open water impacts in the table below. 4a. 4b. 4c. 4d. 4e. 4e1. 4f. Site # Impact Reason/ Impact Waterbody Name Waterbody Jurisdiction Impact area (ac)' Type Duration Type* Type 01 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 02 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 03 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 04 Choose one Temp/ Click to enter. Choose one Choose one Click to enter. Perm 4g. Total temporary open water impacts Click to enter. ac 4g. Total permanent open water impacts Click to enter. ac 4g. Total open water impacts Click to enter. ac 4h. Comments: Open water impacts are not proposed. 5. Pond or Lake Construction If pond or lake construction is proposed, complete the table below. (*This does NOT include ofFline stormwater management ponds.) 5a. 5b. 5c. 5d. 5e. Pond ID Proposed use or Wetland Impacts (ac) Stream Impacts (ft) Upland # purpose of pond Impacts (ac) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one Click to Click tL Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. P2 Choose one Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5f. Total Click to Click to Click to Click to Click to Click to Click to enter. enter. enter. enter. enter. enter. enter. 5g. Comments: Pond or lake construction is not proposed. 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no.: Click to enter. 5i. Expected pond surface area (acres): Click to enter. 5j. Size of pond watershed (acres): Click to enter. 5k. Method of construction: Click to enter. Page 11 of 21 PCN Form - Version 1.5, September 2020 6. Buffer Impacts (DWR requirement) If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts. 6a. Project is in which protected basin(s)? (Check all that apply.) ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Jordan ❑ Goose Creek ❑ Randleman ❑ Other: Click to enter. Site #* 6b. Impact Type* 6c. Impact Duration* 6d. Stream Name* 6e. Buffer Mitigation Required?* 6f. Zone 1 Impact* (sq ft) 6g. Zone 2 Impact* (sq ft) B1 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B2 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B3 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B4 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B5 Choose one Temp/ Perm Click to enter. Y/N Click to enter. Click to enter. B6 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B7 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B8 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B9 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. B10 Choose one Temp/ Perm Click to enter. Y/N Click to enter Click to enter. 6h. Total temporary impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total permanent impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6h. Total combined buffer impacts: Zone 1: Click to enter. sq ft Zone 2: Click to enter. sq ft 6i. Comments: The proposed project will not impact protected riparian buffers. Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project. Page 12 of 21 PCN Form - Version 1.5, September 2020 E. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design: The applicant has designed the proposed development to avoid impacts to the remainder of the streams and wetlands on the site. The road crossings have been designed as narrow as practicable to minimize impacts to the streams and wetlands. The subdivision has been designed to avoid impacts to large wetlands on the southern portions of the site. Additionally, a substantial number of lots have been sacrificed under the proposed design to avoid additional wetland impacts. The remaining roads, lots, utilities and stormwater devices have been designed to avoid additional impacts to jurisdictional areas. 1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques: The clearing limits will be surveyed, staked and silt fencing and clearing limit fencing will be used. Disturbed areas will be seeded and mulched to limit sediment from entering downgradient waters. Slope matting will be used on steep slopes. 2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers 2a. If compensatory mitigation is required, by whom is it required? " ❑ DWR ❑ Corps (check all that apply) 2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank project? (check all that apply) ❑ In Lieu Fee Program ❑ Permittee Responsible Mitigation 3. Complete if using a Mitigation Bank (Must satisfy NC General Statute143-214.11 (d1).) 3a. Name of mitigation bank: Click to enter. 3b. Credits purchased/requested: Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Type: Choose one Quantity Click to enter. Attach receipt and/or approval letter. 3c. Comments: Mitigation is not proposed. 4. Complete if Using an In Lieu Fee Program 4a. Attach approval letter from in lieu fee program. 4b. Stream mitigation requested: Click to enter. linear feet 4c. If using stream mitigation, what is the stream temperature: Choose one NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington District's RIBITS website: (Please use the filter and select Wilmington district) https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO: RP: P27 BUTTON KEY:O 4d. Buffer mitigation requested (DWR only): Click to enter. square feet 4e. Riparian wetland mitigation requested: Click to enter. acres 4f. Non -riparian wetland mitigation requested: Click to enter. acres Page 13 of 21 PCN Form - Version 1.5, September 2020 4g. Coastal (tidal) wetland mitigation requested: Click to enter. acres 4h. Comments: Mitigation is not proposed. 5. Complete if Providing a Permittee Responsible Mitigation Plan 5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan, including the amount of mitigation proposed. Click to enter. 5b. Attach mitigation plan/documentation. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement 6a. Will the project result in an impact within a protected riparian buffer ❑ Yes ❑x No that requires buffer mitigation? If yes, please complete this entire section — please contact DWR for more information. 6b. If yes, identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required in the table below. 6c. 6d. 6e. Zone Reason for impact Total impact (square Multiplier Required mitigation feet) (square feet) Zone 1 Click to enter. Click to enter. :,hoose one :,lick to enter. Zone 2 Slick to enter. Click to enter. :,hoose one Click to enter. 6f. Total buffer mitigation required Click to enter. 6g. If buffer mitigation is required, is payment to a mitigation bank or ❑ Yes ❑ No NC Division of Mitigation Services proposed? 6h. If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services. 6i. Comments: Buffer mitigation is not proposed. Page 14 of 21 PCN Form - Version 1.5, September 2020 F. Stormwater Management and Diffuse Flow Plan (DWR requirement) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers ❑ Yes ❑x No identified within one of the NC Riparian Buffer Protection Rules? 1 b. All buffer impacts and high ground impacts require diffuse flow or other forms of stormwater treatment. If the project is subject to a state implemented riparian buffer protection program, include a plan that fully documents how diffuse flow will be maintained. All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design Manual (https://deg.nc.gov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit- guidance/stormwater-bmp-manual). Associated supplement forms and other documentation must be provided. ❑ Level Spreader What Type of SCM are you ❑ Vegetated Conveyance (lower seasonal high water table- SHWT) providing? ❑ Wetland Swale (higher SHWT) (Check all that apply) ❑x Other SCM that removes minimum 30% nitrogen ❑ Proposed project will not create concentrated stormwater flow through the buffer For a list of options to meet the diffuse flow requirements, click here: Attach diffuse flow documentation. 2. Stormwater Management Plan 2a. Is this an NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250? El Yes ❑x No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? ❑x Yes ❑ No To look up low density requirements, click here: http://reports.oah.state.nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20- %20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf 2c. IS the project over an acre? ❑x Yes ❑ No 2d. Does this project have a stormwater management plan (SMP) reviewed and approved under a state stormwater program or state- ❑x Yes ❑ No approved local government stormwater program? Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs should answer "no" to this question. 2e. Which of the following stormwater management program(s) apply? ❑x Local Government (Check all that apply) ❑ State If you have local government approval, please include the SMP on their overall impact map. Page 15 of 21 PCN Form - Version 1.5, September 2020 ❑x Phase II ❑ USMP Local Government Stormwater Programs ❑ NSW ❑ Water Supply Please identify which local government stormwater program you are using. Henderson ❑ Phase II ❑ HQW or ORW State Stormwater Programs ❑ Coastal Counties ❑x Other Comments: A SWMP is required and has been submitted to Henderson County for review and approval. Page 16 of 21 PCN Form - Version 1.5, September 2020 G. Supplementary Information 1. Environmental Documentation 1 a. Does the project involve an expenditure of public (federal/state/local) ❑ Yes ❑x No funds or the 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 (North Carolina) Environmental ❑ Yes ❑ No 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 ❑ Yes ❑ No NEPA or SEPA final approval letter.) Comments: A NEPA or SEPA is not required. 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DR Surface Water or Wetland Standards or Riparian Buffer Rules El Yes ❑x No W (15A NCAC 2B .0200)? 2b. If you answered "yes" to the above question, provide an explanation of the violation(s): Click to enter. 3. Cumulative Impacts (DWR Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby ❑ Yes ❑x No downstream water quality? 3b. If you answered "no", provide a short narrative description: Additional development as a result of the proposed development is not anticipated. 3c. If yes, attach a qualitative or quantitative cumulative impact analysis (.pdo in accordance with the most recent DWR policy. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project? I ® Yes ❑ No ❑ N/A 4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity available at that plant. Sewage will be discharged into existing sewer lines that are located on the site. The sewer lines have been designed to avoid additional stream and wetland impacts. Page 17 of 21 PCN Form - Version 1.5, September 2020 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected ® Yes ❑ No species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ Ifws.govl) 5b. Have you checked with the USFWS concerning Endangered Species ❑ Yes ❑x No Act impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. :,hoose one 5d. Is another federal agency involved? ❑ Yes ❑x No ❑ Unknown If yes, which federal agency? Click to enter. 5e. Is this a DOT project located within Divisions 1-8? ❑ Yes ❑x No 5f. Will you cut any trees in order to conduct the work in waters of the U.S.? ❑ Yes ❑x No 5g. Does this project involve bridge maintenance or removal? * ❑ Yes ❑x No Link to NLEB SLOPES document: http://saw-reg.usace. army. mil/NLEB/1-30-17-signed NLEB- SLOPES&apps.pdf 5h. Does this project involve the construction/ installation of a wind turbine(s)? ❑ Yes ❑x No If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdo 5i. Does this project involve blasting and /or other percussive activities that will be conducted by machines, such as jackhammers, ❑ Yes ❑x No mechanized pile drivers, etc.? If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this activity on the property (attach .pdo 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? US Department of the Interior — Fish and Wildlife Service Official Species List from IPaC 11 listed species are identified on the IPaC report (attached). Gray Bat, Northern Long-eared Bat, Tricolored Bat, Bog Turtle, Appalachian Elktoe, Monarch Butterfly, Bunched Arrowhead, Mountain Sweet Pitcher -plant, Small whorled Pogonia, Swamp Pink and White Irisette are federally listed species. Trees that could afford summer roosting habitat for Northern -long-eared bat are located within the proposed impact areas. As part of the IPaC report, Pilot provided information and requested a DKey. Based on our submittal, which included clearing all the trees on the site, the IPaC included the following determination for the Northern Long -Eared Bat. "Based upon our IPaC submission and a standing analysis, the project is not reasonably certain to cause incidental take of the northern long-eared bat. Unless the Service advises you within 15 days of the date of this letter that your IPaC-assisted determination was incorrect, this letter verifies that the Action is not likely to result in unauthorized take of the northern long-eared bat." The Tri-colored bat is listed as proposed endangered and not currently afforded protection under the ESA. Potential habitat for the other aforementioned species is not located within the proposed impact areas. Attach consultation documentation. 6. Essential Fish Habitat (Corps Requirement) Page 18 of 21 PCN Form - Version 1.5, September 2020 6a. Will this project occur in or near an area designated as an Essential Fish Habitat? ❑ Yes ❑x No Are there submerged aquatic vegetation (SAV) around the project vicinity? El Yes ❑x No El Unknown Will this project affect submerged aquatic vegetation? ❑ Yes ❑x No ❑ Unknown Explain: Dlick to enter. 6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat? Essential Fish Habitat Mapper— NOAA Fisheries Page 19 of 21 PCN Form - Version 1.5, September 2020 7. Historic or Prehistoric Cultural Resources (Corps Requirement) Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data): hftp://qis.ncdcr.gov/hpoweb/ 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 status (e.g., National Historic Trust designation or ❑ Yes ❑x No properties significant in North Carolina history and archaeology)? 7b. What data source(s) did you use to determine whether your site would impact historic or archeological resources? NC Historic Preservation Office's HPOWEB 2.0. One historic property (HN0004; The Meadows (Blake House)) is identified 300 feet north of the site. At the time the property was listed it was a 10 acre property with a stone house and a couple of out -buildings. The majority of the 10 acre property has been developed with commercial buildings. The house remains approximately 750 feet northwest of the site. There are multiple commercial/light industrial buildings located between the house and the site. Based on our observations, developing the site with a residential neighborhood will have no impact on the historic property. Additional historic properties are located 4,000 feet and farther from the site. A copy of the SHPO Map and the listing for The Meadows are included as attachments. 7c. Attach historic or prehistoric documentation. 8. Flood Zone Designation (Corps Requirement) Link to the FEMA Floodplain Maps: https://msc.fema.gov/portal/search 8a. Will this project occur in a FEMA-designated 100-year floodplain? ® Yes ❑ No 8b. If yes, explain how the project meets FEMA requirements. The project has been designed to avoid impacts to the designated floodway. Areas that are located within the 100-year floodplain are being filled to an elevation above the 100-year floodplain. 8c. What source(s) did you use to make the floodplain determination? National Flood Hazard Layer froom FEMA Web Map Service — Drawing 4 (Attached) Page 20 of 21 PCN Form - Version 1.5, September 2020 H. Miscellaneous Comments: Please let me know if you need additional information in order to process this application. Attach pertinent documentation or attachments not previously requested I. Signature * ❑x By checking the box and signing below, I, as the project proponent, certify to the following: • The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to the best of my knowledge and belief; • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time; • The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • The project proponent hereby understands that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • As the project proponent, I intend to electronically sign and submit the PCN/online form. Full Name: Michael T. Brame Michael DigitAy,igned by Michael Brame DN: cn=Michael Brame, °=Pilot Signature: e° °°meMal.l° ° Brame mail2D23.1 eQ 1555.4-5DD,c=UB Date: 2823.122615:55:98 -05'88' 12/26/2023 Page 21 of 21 PCN Form - Version 1.5, September 2020 Proposal for Environmental Services Pilot Proposal 9583 May 19, 2023 AGENT AUTHORIZATION This form authorizes Pilot to act as our agent in stream/wetland matters including U.S. Army Corps of Engineers and North Carolina Division of Water Resources field verification and permitting. Property Address: �3 c-, rza Applicant Information: Name: Address; L)O� 1 C4 -� C�O, �c fi,. � ;�-� .1 Telephone Number: Fax Number: E-mail Address;y��,�.�—e.-� 1I 11 �f`�S ►!�`� Signature: Date: 1 al Tax Parcel Report Thursday, May 18, 2023 Henderson County, NC WARNING: THIS IS NOT A SURVEY Parcel Information REID: 10003013 Pin: 9653908512 Listed to: FLETCHER MEADOW VIEW Neighborhood: FLETCHER DOWNTOWN PARTNERS, LLC Mailing Address: P. O. BOX 16168 Township: Hoopers Creek Mailing City, State, Zip: HIGH POINT, NC 27261 Municipality: FLETCHER Physical Address: 150 CANE CREEK RD Tax District: FLETCHER TOWN Deed: 003370/00443 Plat: 2019 12004 Date Recorded: 2019-08-08 16:35:39.0 Elementary School District: FLETCHER Revenue Stamps: 372 Middle School District: APPLE VALLEY MIDDLE County Zoning: Cities High School District: NORTH HIGH Property Description: SR1541 ON CANE CREEK RD Soil: Fannin silt loam, 7 to 15 percent slopes Map Sheet: 9653.20 Voting Precinct: Fletcher Assessed Acreage: 75.46000000 Commissioner District 2 Building Value: $0.00 Agricultural District None Found Land Value: $3,320,300.00 North Carolina House District 117 Value To Be Billed: $3,320,300.00 U.S. House District 11 Zone X, Not Shaded (Areas outside of the flood plain),Zone North Carolina Senate District 48 Flood Zone: AE, 1% (100 Year Floodplain),Floodway Areas in Zone AE,Zone X, Shaded, 0.2% THIS IS NOT A SURVEY. I 10 ;mai Ruudpiaiii) Henderson County Geographic Information Systems (GIS) 200 North Grove Street Hendersonville, NC 28792 All information or data provided, whether subscribed, purchased or otherwise distributed, whether in hard copy or digital media, shall be at the useraE-s own risk. Henderson County makes no warranties or guarantees, including the warranties of P: (828) 698-5124 merchantability or of fitness for a particular purpose. Map data is not appropriate legal, or engineering base system. The data is not intended as a substitute for, and is not to be used as, a geodetic, for surveyed locations such as can be determined F: (828) 698-5122 by a registered Public Land Surveyor, and does not meet the minimum accuracy standards of a Land Information System/Geographic Information System Survey in North Carolina (21 NCAC 56.1608). Michael Brame From: Heather LaGamba Sent: Thursday, May 18, 2023 4:09 PM To: 401 PreFile@ncdenr.gov Subject: Pre -File Notice - Cane Creek Rd (9583) We would like to submit a Pre -filing Notice for the following project: Project Name: Cane Creek Rd (9583) Project Owner: BSC Holdings, Inc. Project Owner's Address: Post Office Box 16168, High Point, North Carolina 27261 Project County: Henderson Type of project/Approval Sought: 401 WQC, Pre -Application Request Meeting Declined Thank you and have a wonderful day! Sincerely, Heather LaGamba 336.345.9536 (c) 336.310.4527 (o) P.O. Box 128 Kernersville, NC 27285 www.lilotenviro.com hiagamba@pilotenviro.com I � �� �• - lrti o � r � wA he * *IF 00 \ v r its Xx . � 4� Drawing 1 USGS Topographic Map Fruitland and Skyland, NC QuadranglesW Scale: 1" = 2 000' � P I L O T E N V I R 0 N M E N T A L. I N C in Z " LEGEND Site Boundary USGS Topographic Map Cane Creek Road Approximate 75.46-Acre Tract Fletcher, Henderson County, NC Pilot Project 9583 Er7 a r 1� �r Drawing 2A USDA Soil Survey of Henderson County, NC Published 1980 Scale: 1" = 600' r r- Tar O r * ti yr LEGEND ,.� Site Boundary Published Soil Map Cane Creek Road Approximate 75.46-Acre Tract PILOT Fletcher, Henderson County, NC PILOT ENVIR0NMENTAL.INC Pilot Project9583 1 W- Drawing 3 USFWS NWI Wetlands Mapper Scale: 1" = 600' LEGENQ Site Boundary ti Freshwater Emergent Freshwater Forested/Shrub Estuarine and Marine Deepwater f: Estuarine and Marine Freshwater Pond Lake Rivenne 0 Other �.� NWI Map Cane Creek Road ' Approximate 75.46-Acre Tract PLOT Fletcher, Henderson County, NC PILOT ENVIRONMENTAL.INC Pilot Project9583 .L PANEL Drawing 4 National Flood Hazard Layer From FEMA Web Map Service Scale: 1" = 600' N _ti r 300 2010 T, Zara A.E 192 d. 2076-1 on +. f INA LEGEND Site Boundary 1 %Annual Chance Flood Hazard Regulatory Floodvay Zone �E 'Sped alFloodvay Area of Undetermined Flood Hazard ' 0.2%Annual Chance Flood Hazard # ' F uture Conditions 1 %Annual Chance FI ood Hazard F,,Area with Reduced Risk Due to Levee FEMA FIRM ' Cane Creek Road - _ Approximate 75.46-Acre Tract PLOT Fletcher, Henderson County, NC - PILOT ENYIRONMENTAL.III Pilot Project9583 ov o-cw (act •%ve - ooeazia (xe� �aHa dIHSNMOloN n� sa3ddo n a3 Hal o NMol � n ` S RI.z �LfIOaYJ WntM�IOd H91H II 'p s MOIA MOpOOH 4n ulpun-� ao, 'JNI JNLk3 m s ONtl 9NIS33NIBN3 S � �e v !ga�yy fay py >3.3J'J 3NHO a d N � ¢ m II LULU I� ob co LU L D O Q� w p w U:w w� co Q QLO Cl O LL € LL CO � O co M II II n nX J n N II 7 ^ LL d J ❑_ Q a� �'a c U Q W W W Q w ❑ H 2 a X a S w� a 6 —❑IJ_ UU QOLL oa IL IL UUUU UUN <"~ =wJ / 0 0 < a 0 w / p 2m O z no J ov o-cw (act •%ve - ooeazia (xe� �aHa dIHSNMOloN n� sa3ddo n a3 Hal o NMol � n S RI.zLfIOaYJ WntMIOd H91H II 'p It MOIA MOpOOH 40 SUIPUDI 'JNI JNIA3AMfLS ONtl 9NR133NpN3 ddW 1'�'ddWl W'd�114 '" " 3 X �j a I U:w w� u cn N x a LL co 0 U II I �...LL Q CO J LO CO X o� ✓ r J 0 C a 2 � p d a:- Umao o Na U � ?�tO ❑ a w n 1 LLa 0� �0 <2w Uma X. 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Quad: Fruitland NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Allston Moore Address: 701 East Bav Street, Suite 503 Charleston, SC 29403 Telephone Number: 843-414-3904 Size (acres): 75.46 Nearest Town: Fletcher Nearest Waterway: UTs Cane Creek and Cane Creek Coordinates: 35.43237 N, 82.49294 W River Basin/ HUC: Upper French Broad (06010105) Location description: The property is located on a tract of land (PIN 9653-90-8512) at 150 Cane Creek Road in Fletcher, Henderson Countv, North Carolina NOTE: On May 1, 2019, via email GeoScience and Technology P.A., submitted a revised Site Man Showing 404 Wetland and Streams with attached summary table Table I • BSC Fletcher (Cane Creek Rd) JD Wetland Stream ID for this property. In the email it was requested the jurisdictional determination for the property be issued with the revised map and table. Therefore the issuance of this notification of iuridictional determination voids the notification of jurisdctional determination prevoiusly issued by the Corps on April 30 2019 Indicate Which of the Following Apply: A. Preliminary Determination _ There are waters, including wetlands, on the above described project area, 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. 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 are wetlands on the above described 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 overall 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 of the U.S. on your 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 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 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. X There are waters of the U.S. including wetlands on the above described 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 of the U.S. on your 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. X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA 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 of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . 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 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 (LAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or 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 David Brown at 828- 271-7980, ext. 4232 or david.w.brown@usace.army.mil. C. Basis for Determination: See attached approved jurisdictional determination form. D. Remarks: The waters of the U.S., at this site, were verified on -site by the Corps on March 13, 2019, and are as approximately depicted on the attached Site Map Showing 404 Wetland and Streams (dated May 1, 2019) with attached summary table, Table 1: BSC Fletcher (Cane Creek Rd) JD Wetland Stream ID, both submitted by GeoScrience & Technology, P.A. 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) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: Jason Steele, Review Officer_ 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 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 June 30, 2019. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Officia David Brown Issue Date of JD: May 8, 2019 Expiration Date: Five years from Issue Date 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 hM.HcoLpsmapu.usace.army.mil/cm apex/f?n=136.4:0. Copy finished: BSC Holdings, Inc., Barry Siegal, P.O. Box 16168, High Point, NC 27260 GeoScience & Technology, P.A., Peter DeVries, 2050 Northpoint Drive, Suite A, Winston-Salem, NC 27106 Blank Page ,r rr t PLO o1 dr J LL co 3 s 1 N N a 3 C Z f mrn LL0N N .J - U(hrn® N �� N L6 N N { O CJ03 a` i U v i c ¢ y �i z tn 1--1 z a o �c z A w a N x0 {{ CL u z v u 0 0 z M -0 00 0 d �✓ u id % U Ael O 4 a Table I: BSC Fletcher (Cane Creek Rd) JD Wetland Stream ID Estimated Amount of Site Number Aquatic Resource in or Name Latitude ON Longitude° W Review Area Stream 1 (S1) (UT to Cane Creek) 35.43542 82.49013 413 LF Stream 2 (S2) (UT to Cane Creek) 35.43133 82.49209 2278 LF Stream 3 (S3) (UT to Cane Creek) 35.42893 82.49280 854 LF Stream 4 (S4) (Cane Creek) 35.43179 82.49034 2242 LF Wetland 1 (WL1) 35.43190 82.49284 1.54 Ac Wetland 2 (WL2) 35.43332 82.49310 0.55 Ac Wetland 3 (WL3) 35.43396 82.49148 4.75 Ac Wetland 4 (WI-4) 35.43565 82.49099 0.56 Ac Wetland 5 (WL5) 35.43496 82.49229 0.16 Ac Wetland 6 (WI-6) 35.43105 82.49183 0.89 Ac Total Stream LF 5787 LF Total Wetland Ac AA4Ac 11 �i`NGs.�-1 q 5/1/19 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS'A"ND' REQUEST FOR APPEAL "--1 &. , Applicant: Allston Moore File Number: SAW-2018-01751 Date: May 8, 2019 Attached is: See Section below Ell INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D ❑ PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at littp://www.usace.army.mil Missions/CivilWorks/RegulatorvPi-ogramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for fiu-ther instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record_ However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: David Brown CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room 10M15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the o portimity to participate in all site investigations. Date. Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): May 8, 2019 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG A, SAW-2018-01751, BSC Holdings property Cane Creek Road Fletcher C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Henderson City: Fletcher Center coordinates of site (lat/long in degree decimal format): Latitude & Longitude in Decimal Degrees: 35.43237 N, 82.49294 W Universal Transverse Mercator: Name of nearest waterbody: UTs Cane Creek and Cane Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): Upper French Broad (06010105) M Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Q Check if other sites (e.g., offshe mitigation sites, disposal sites, etc...) are associated with this action and are recorded on different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: May 8, 2019 Field Determination. Date(s): March 19, 2019 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are n_o "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): a ❑ ' TNWs, including territorial seas ❑ Wetlands adjacent to TNWs ® Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: 5,787 linear feet: 3-20 width (ft) and/or acres. Wetlands: 8.45 acres. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known) Non -regulated waters/wetlands (check if applicable):' EJ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody" is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWs: Tributary stream order, if known: (b) General Tributary Characteristics (check all that apply): Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick -List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/Pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Flow: _ Tributary provides for: Fick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: 'Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM.7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑ High Tide Line indicated by: Cf Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 7Ibid. ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Prick List. Explain: Surface flow is: Fick List Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: wick Lis .. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/1) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: UTs Cane Creek and Cane Creek exhibits indicators of ordinary high water marks (OHWM) including developed bed and bank, scour, presence of aquatic life, presence of litter and debris, destruction of terrestrial vegetation, sediment sorting and deposition, and leaf litter washed away. Some of the UTs Cane Creek and Cane Creek are depicted as a solid blue line on the USGS 7.5 minute quadrangle. map Fruitland and the most current Natural Resource Conservation Service Soil Survey for Henderson County. Solid blue line features on these mapping conventions typically represent perennial streams. Perennial flow has been observed by Corps representatives during visits to the Fletcher, North Carolina vicinity. [� Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): M Tributary waters: 5,787 linear feet 3-20 width (ft). ]] Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs$ that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ]] Tributary waters: linear feet width (ft). 0 Other non -wetland waters: acres. 'See Footnote # 3. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. El Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Flows directly into associated tributary. Wetlands are contiguous to RPWs that flow directly or indirectly into TNWs. Wetland hydrology is enhanced with abutting RPWs via normal down gradient flows and periods of high water. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 8.45 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. [1 Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 [Q which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): [] Tributary waters: linear feet width (ft). ❑ Other non -wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Q Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction FollowingRapanos. Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): [] Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. F] Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ❑_ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): �( Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: GeoScience &Technology, P.A. Data sheets prepared/submitted by or on behalf of the applicant/consultant. GeoScience &Technology, P.A. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Fruitland. ❑ USDA Natural Resources Conservation Service Soil Survey. Citation_: Henderson County, NC ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ® FEMA/FIRM maps: Map Nos. 3700965300J, effective date Oct. 2, 2008, and 3700966300K, effective date January 6, 2010. ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Google Earth Pro, Nov. 2016, Oct. 2015, Nov. 2013, Oct. 2010, May 2009, Jun. 2008, Mar. 2007, May 2006, Apr. 2002, Mar 1998, and Mar.1994. or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: Applicable/supporting case law: ]] Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: The UTs of Cane Creek flow into Cane Creek, which flows into the French Broad River, a traditional navigable water. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. United States Department of the Interior FISH AND WILDLIFE SERVICE Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 Phone: (828) 258-3939 Fax: (828) 258-5330 In Reply Refer To: December 01, 2023 Project Code: 2024-0021629 Project Name: Fletcher Apartments - Cane Creek Road 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 12/01/2023 activities that are caused by the proposed action. A consequence is caused by the proposed action if it is reasonably certain to occur and would not occur "but for" the proposed action.. Recommended contents of a BA/BE are described at 50 CFR 402.12. More information and resources about project review and preparing a BA/BE can be found at the following web link: https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review- process-overview. If a Federal agency determines listed species and/or designated critical habitat may be affected by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR 402. The Service is not required to concur with "no effect" determinations from Federal action agencies. If consultation is required, the Service recommends that candidate species, proposed species, proposed critical habitat, and at -risk species be addressed within the consultation. More information on the regulations and procedures for section 7 consultation, including the role of permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook" at the following web link: https://www.fws.gov/media/endangered-species-consultation- handbook. Migratory Birds: In addition to responsibilities to protect threatened and endangered species under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project - related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the following web link: 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 12/01/2023 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 (828) 258-3939 12/01/2023 4 PROJECT SUMMARY Project Code: 2024-0021629 Project Name: Fletcher Apartments - Cane Creek Road Project Type: Residential Construction Project Description: The site is an approximate 75 acre tract that is being considered for multi- family residential development. Project Location: The approximate location of the project can be viewed in Google Maps: https:// www.google.com/maps/(a)35.432340350000004,-82.49383320894917,14z Counties: Henderson County, North Carolina 12/01/2023 5 ENDANGERED SPECIES ACT SPECIES There is a total of 11 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your project and could include species that exist in another geographic area. For example, certain fish may appear on the species list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the Department of Commerce. See the "Critical habitats" section below for those critical habitats that lie wholly or partially within your project area under this office's jurisdiction. Please contact the designated FWS office if you have questions. 1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an office of the National Oceanic and Atmospheric Administration within the Department of Commerce. MAMMALS NAME Gray Bat Myotis grisescens No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6329 Northern Long-eared Bat Myotis septentrionalis No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9045 Tricolored Bat Perimyotis subflavus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/10515 REPTILES NAME Bog Turtle Glyptemys muhlenbergii Population: U.S.A. (GA, NC, SC, TN, VA) No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/6962 STATUS Endangered Endangered Proposed Endangered STATUS Similarity of Appearance (Threatened) 12/01/2023 H. 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:Hecos.fws.gov/ecp/species/5039 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 Bunched Arrowhead Sagittaria fasciculata Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1720 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 Small Whorled Pogonia Isotria medeoloides Threatened Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/1890 Swamp Pink Helonias bullata Threatened Population: No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4333 White Irisette Sisyrinchium dichotomum Endangered No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/8097 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. 12/01/2023 USFWS NATIONAL WILDLIFE REFUGE LANDS AND FISH HATCHERIES Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns. THERE ARE NO REFUGE LANDS OR FISH HATCHERIES WITHIN YOUR PROJECT AREA. BALD & GOLDEN EAGLES Bald and golden eagles are protected under the Bald and Golden Eagle Protection Acti and the Migratory Bird Treaty Act2. Any person or organization who plans or conducts activities that may result in impacts to bald or golden eagles, or their habitats3, should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Bald and Golden Eagle Protection Act of 1940. 2. The Migratory Birds Treat. Act of 1918. 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) There are bald and/or golden eagles in your project area. For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) 12/01/2023 E3 Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. ■ probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Ws loll 1111111111++ +0++ ++_1 WIN +111 dII loll loll Vulnerable .NNE NORM ---- Additional information can be found using the following links: • Eagle Managment https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-mi rator. • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-migratory-birds-and-bald-and-golden-eagles-may-occur- project-action MIGRATORY BIRDS Certain birds are protected under the Migratory Bird Treaty Acti and the Bald and Golden Eagle Protection Act2. Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described below. 1. The Migratory Birds Treaty Act of 1918. 2. The Bald and Golden Eagle Protection Act of 1940. 12/01/2023 9 3. 50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a) For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area. NAME BREEDING SEASON Bald Eagle Haliaeetus leucocephalus Breeds Sep 1 to This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention Aug 31 because of the Eagle Act or for potential susceptibilities in offshore areas from certain types of development or activities. https:Hecos.fws.gov/ecp/species/1626 Bobolink Dolichonyx oryzivorus Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/945 Canada Warbler Cardellina canadensis Breeds May 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 10 and Alaska. https:Hecos.fws.gov/ecp/species/9643 Chimney Swift Chaetura pelagica Breeds Mar 15 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 25 and Alaska. https:Hecos.fws.gov/ecp/species/9406 Kentucky Warbler Oporornis formosus Breeds Apr 20 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Aug 20 and Alaska. https:Hecos.fws.gov/ecp/species/9443 Prairie Warbler Dendroica discolor Breeds May 1 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9513 Prothonotary Warbler Protonotaria citrea Breeds Apr 1 to This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA Jul 31 and Alaska. https:Hecos.fws.gov/ecp/species/9439 Red-headed Woodpecker Melanerpes erythrocephalus Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA t0 Sep 10 and Alaska. https:Hecos.fws.gov/ecp/species/9398 12/01/2023 10 BREEDING NAME SEASON Rusty Blackbird Euphagus carolinus Breeds This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions elsewhere (BCRs) in the continental USA https:Hecos.fws.gov/ecp/species/9478 Wood Thrush Hylocichla mustelina Breeds May 10 This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA to Aug 31 and Alaska. https:Hecos.fws.gov/ecp/species/9431 PROBABILITY OF PRESENCE SUMMARY The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read the supplemental information and specifically the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report. Probability of Presence (■) Green bars; the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during that week of the year. Breeding Season( ) Yellow bars; liberal estimate of the timeframe inside which the bird breeds across its entire range. Survey Effort (1) Vertical black lines; the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. No Data (—) A week is marked as having no data if there were no survey events for that week. probability of presence breeding season I survey effort — no data SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Bald Eagle Non -BCC Ilk I I I I I I I A W+ +*++ +++b i+ill 111l �Iz $$__ loll Vulnerable — ---- — Bobolink BCC Rangewide (CON) 12/01/2023 11 Canada Warbler ��++ BCC Rangewide ++++ ++++ ++++ +*++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ (CON) Chimney Swift +++T +01""""' pill"' 11,1 +1 1 1 1 1 1 1 1 1 1 1 BCC Rangewide (CON) Kentucky Warbler BCC Rangewide ++++ ++++ ++++ ++ ���IL�++++ ++++ ++++ ++++ ++++ (CON) Prairie Warbler ++++ ++++ ++++ ++�i I I I I I I I �+ 1 1 1 1 1 1 1 1 1 +04 1 1 1 1 1 1 1 1 BCCRangewide (CON) Warbler Prothonotary ++++ ++++ ++++ Jill �+++ ++++ ++++ ++++ ++++ ++++ ++++ ++++ Warbler BCC Rangewide (CON) Red-headed +� Woodpecker I t I 1-0 ++++ ++*+ T+ BCC Rangewide (CON) 1 1. ��++++ ++++ ++++ Rusty Blackbird BCC -BCR WooThrush BCC Rangewide I I �+++ ++om nii iiT iiii I 1 I 1 1-0++ 10++ ++++ ++ 11 BCC Ra (CON) Additional information can be found using the following links: • Eagle Management https://www.fws.gov/program/eagle-management • Measures for avoiding and minimizing impacts to birds https://www.fws.gov/library collections/avoiding-and-minimizing-incidental-take-migratory-birds • Nationwide conservation measures for birds https://www.fws.gov/sites/default/files/ documents/nationwide-standard-conservation-measures.pdf • Supplemental Information for Migratory Birds and Eagles in IPaC https://www.fws.gov/ media/supplemental-information-mi ratory-birds-and-bald-and-golden-ea les-may-occur- project-action WETLANDS Impacts to NWI wetlands and other aquatic habitats may be subject to regulation under Section 404 of the Clean Water Act, or other State/Federal statutes. For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District. 12/01/2023 12 Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site. FRESHWATER FORESTED/SHRUB WETLAND • PF01Ax RIVERINE • R2UBH • R5UBH 12/01/2023 IPAC USER CONTACT INFORMATION Agency: Pilot Environmental, Inc Name: David Brame Address: 743 Park Lawn Court City: Kernersville State: NC Zip: 27284 Email dbrame@pilotenviro.com Phone: 3363104527 SHPO Map rip `nr:.w xep�erwMsc r P x r C A 8 m���n�,r�.Mmk�rvnen,e+,�nrna�,mew..lmmrnn�e��naP•z�asansaee�aza�sl�oraa93�area Home a National Register listings: NCHPO versus National Park Service m Details 1 98 Da" -op, I 9 ED € Legend tJCNF� :ii.toric Rasourcvc Natrona! Regismr NR indwid—I resources & <Cnterp*mts Stales, Local StaL H DiLat.s • NR In Ii id —I Listing Is NR Lining, Gone * NRHD Canter Point NR districts & boundaries STATUS ❑ NatiCn41 Rogi#Cr Boundary Boundary of Oestroyedrttem d NR Lisiing NR boundary shading NR datr ict.8 by der ias Il� AMn. �ur r M Share A Print - W Measure m 8o kmarks — a x As I:r m el (ib to . 4 Open in Map Viewer Modify Map $ Sign In C. D m W. P Type Hereto search llii IL8 C. IF—- laral— a vsn_C_ L � _ J� rsayle 'M sz'r _ �] a .. _ "0Mfm ■ Form No. 10-300 , % Oj 4) UNITI-1 D STATES [)LPA 10 J 01, F I I L I NIIJIRIOR NATIONAL PARK SERVICEREC"IVEI POR NIPS USE ONLY NATIONAL REGISTER OF MSTORIC PLACES INVENTORY -- NOMINATION FORM SEE INSTRUCTIONS IN HOW TO COMPLETE NATIONAL REGISTER FORMS TYPE ALL ENTRIES ®- COMPLETE APPLICABLE SECTIONS ONAME CATEGORY OWNERSHIP STATUS PRESENT USE —DISTRICT —PUBLIC _XOCCUPIED —AGRICULTURE --MUSEUM _XBUILDING(S) X PRIVATE —UNOCCUPIED —COMMERCIAL —PARK —STRUCTURE --BOTH —WORK IN PROGRESS _ EDUCATIONAL K PRIVATE RESIDENCE —SITE PIJ13LIC ACQUISITION ACCESSIBLE —ENTERTAINMENT —RELIGIOUS —OBJECT —IN PROCESS —YES: RESTRICTED —GOVERNMENT _SCIENTIFIC —BEING CONSIDERED ---YES: UNRESTRICTED —INDUSTRIAL _TRANSPORTATION X.NO —MILITARY —OTHER RTY ,_MOWNER OF PROPF NAME The Kellwood Company Attention: Mr. Dudley Hall STREET & NUMBER Post Office Box 5515 CITY, TOWN STATE Asheville VICINITY OF North Carolina 28803 LOCATION OF LEGAL DESCRIPTION COURTHOUSE. REGISTRY OF DEEDS, ETC. Henderson County Courthouse STREET& NUMBER CITY, TOWN RUM Hendersonville North Carolina REPRESENTATION IN EXISTING SURVEYS TITLE DATE —FEDERAL —STATE —COUNTY —LOCAL DEPOSITORY FOR SURVEY RECORDS CITY, TOWN STATE 13 DESCRIPTION CONDITION CHECK ONE CHECK ONE -EXCELLENT -DETERIORATED -UNALTERED -NORIGINAL SITE _XGOO1) -RUINS XALTERED -MOVED DATE _FAIR-UNEXPOSED slightly DESCRIBE THE PRESENT AND OR16INAL (IF KNOWN) PHYSICAL APPEARANCE The Meadows stands on a ten acre tract outside the to of Fletcher in northern Henderson County. The property is now surrounded by modern industrial development, and construction has begun on a manufacturing plant less than two hundred feet to the west of the structure. But the immediate landscaping around the house survives -- including enormous boxwoods reaching heights of up to twenty-five feet and reputed to be among the countiyls largest --and undeveloped, partially wooded land extends to the north, east, and south of the structure. The imposing stone residence remains as one of the county's principal nineteenth century landmarks. The boxy exterior is executed in a simplified version of Italianate style. It is constructed of coursed granite rubble and rises two stories under'a-low hipped roof pierced with three interior) chimneys; centered on the roof is a small square -in - section cupola under a pyramidal roof. The house is built on a square plan with an original,two-story, shallow extension set across three bays of the four-'bdy rear (west) elevation, giving the house a modified L plan overall. It is sited to face towards Cane Creek and Cane Creek Road to the east, though today its only access road approaches from the west and ends in a circular drive on the south side of the house. The front (east) elevation is symmetrical, with a double -door entrance centered on the first level. Each leaf is composed of four panels with one large vertical panel over a horizontal one and a pair of small vertical panels below. Panels are trimmed with wid applied moldings. A two -light transom is set above the door. A one -bay porch supported by narrow chamfered posts with neck moldings shelters the entrance. The porch is flanked by semi-htxagonal bays, each containing three windows which, like all others throughout the structure, are of two -over -two sash between projecting stone sills and lintels. The Second floor level on this elevation is five bays wide, with the central bay occupied by a narrow window of four -over -four sash opening onto the roof of the pore A narrow corbeled stone stringcourse carries across the wall near the top; curvilinear sawn brackets rise from the stringcourse to support the overhanging eaves of the roof. This treatment continues along every elevation of the structure. The four -bay north elevation is fronted by a deep, full-length, one-story porch supported by heavy chamfered posts with neck moldings. The posts are connected by a low balustrade with a molded handrail and turned balusters. The four openings on the first floor level on this elevation are floor -length windows with four -over - four double -hung sash. The five -bay south elevationis asymmetrical, with a side entrance placed at the second bay from the left. Each leaf of the double door has five panels, with pairs of vertica panels above and below a single horizontal one, all with wide applied moldings. The transom above the door and the porch sheltering this entrance are identical to those of the front elevation. The shallow rear extension on the west elevation extends three bays across the right side of the main block. A rear entrance occupies the left bay of this extension and consists of a single door with five panels. To the left of the extension, on the west face of the main block of the house, is a semioctagonal bay identical to those of the front elevation. FHR-8-300A (11178) - UNITED STATES.DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE FUR HERS USE ONLY RECEDED DATE ENTERED, CONTINUATION SHE Er ITEM NUMBER 7 PAGE • The spacious interior follows a center hall plan, two rooms deep, with two small rooms Occupying the rear extension on each level. Virtually all of the original interior finish survives. All wall surfaces are plastered, and rooms are embellished with bold mid -nineteenth century millwork executed in a variety of woods, including mahogany, maple, black walnut, cherry, and oak. Mantel forms vary from room to room, though most other millwork is consistent throughout the house. A rather narrow molded baseboard occurs everywhere. All doors are of five panels, similar to exterior doors, with wide applied moldings. Doors and windows are set in wide mitred and molded architraves, though those of the second floor are more simply executed than those of the first. An exception to this architrave type is found in the southeast first -floor parlor, where the surrounds are composed of a single flat boards with chamfered edges that overlap at the upper corners. The mantel of this southeast room is the most elaborate in the house. This is composed of a paneled frame of beaded boards under a molded shelf, embellished with pairs of chamfered pilasters with beaded edges flanking the fire opening and terminating in brackets supporting the shelf. Crossbands are superimposed on each of the two horizontal beaded panels of the frieze. Other mantels follow simpler variations of this type, or follow a simpler theme altogether, being wide frames of flat panels under molded shelves; the side panels in this group of mantels vary in form from a simple rectangle (northwest room), to panels with Gothic (northeast parlor) or semi- circular (second floor, northeast room) arched heads. The lighting in three of the first floor rooms -the southeast, northeast, and north- west --is enhanced by the bay windows; these are set in the walls beneath broad segmental arches with deep, plastered soffits. In the center hall a wide open -stringer stair rises in a single long flight along the left wall of the hall. The ramped and molded handrail is supported by thin turned balusters and terminates in a tapered, hexagonal newel post capped with an acorn -like pendant. The stair is supported mid -way in its rise by a reeded octagonal post. In the southwest corner of the main block is a small rear stair hall with an exterior entrance through the side door on the south elevation. The simple stair here rises in two flights broken by a corner landing, and the molded handrail is supported by square - in -section balusters. The room between this hall and the southwest parlor has been remodeled into a kitchen. The ruins of three outbuildings associated with the early history of the Meadows survive. The remains of a two-story frame dwelling, said to have been servants' quarters, lie to the south. This is in a state of almost total collapse, but the massive gable -end brick chimneys and the mortise and tenon construction indicate this structure may predate the present main house. Between this and the main house stands a brick chimney with a broad fire opening under a stone lintel; this served the detached kitchen. To the southeast are the remains of an ice house built in FHR-8-300A CONTINUATION SHEET ITEM NUMBER 7 PAGE two coursed rubble. The only other structure on the property are a three sided shed and a small gable -roof frame outbuilding of twentieth century origin. a SIGNIFICANCE PERIOD —PREHISTORIC —1400-1499 —1500-1599 —1600-1699 —1700-1799 �. I Roo 189') _1900- ARLAS OF'SIGNIFICANC11 -- CHECK AND JUSTIFY BELOW ARCHEOLOGY PREHISTORIC COMMUNITY PLANNING KLANDSCAPE ARCHITECTURE —ARCHEOLOGY-HISTORIC —AGRICULTURE ,ARCHITECTURE _ART —ART — COMMERCE. —COMMUNICATIONS STA'IEMENT OF SIGNIFICANCE —CONSERVATION —ECONOMICS —EDUCATION —ENGINEERING —EXPLORATION/SETTLEMENT —INDUSTRY —INVENTION —LAW —LITERATURE —MILITARY —MUSIC —PHILOSOPHY _—POLITICS/GOVERNMENT _,RELIGION —SCIENCE .—SCULPTURE —SOCIAUHUMANITARIAN —THEATER —TRANSPORTATION —OTHER (SPECIM Located just outside the town of Fletcher in northern Henderson County, the Meadows is a large stone Italianate style dwelling built sometime after 1860 for South Carolinian Robert Blake. Like many other wealthy tocountryplanters and merchants of South Carolina, Blake's father, rice planter Daniel Blake, was attracted to the mild climate of mountainous western North Carolina as a refuge from the sweltering summers of the Charleston area. In 1827 he purchased a tract of 950 acres along the newly completed Buncombe Turnpike from William Murray, who operated Murray's Inn, a well-known hostelry on this important road. Local legend recounts that the Catawba grape, America's only native wine -producing grape, was first identified in its wild state on the Murray's Inn property. About 1829 Daniel Blake constructed a frame house on the property, landscaped with English boxwoods that survive today and are reputed to be among the world's largest. This house burned about 1860 and was replaced by Robert Blake with the present stone structure constructed sometime shortly thereafter. This dwelling remains today in an essentially unaltered state, retaining its fine quality interior woodwork, and is one of the principal nineteenth century landmarks of the county. It served as a private residence until 1979, when the encroaching development of an industrial park finally resulted in its sale to a textile manufacturing firm. Though adjacent development is inevitable, the company intends to preserve the house and its associated landscaping for appropriate adaptive use as offices or guest house. Criteria Assessment: A. The house is representative of low -country South Carolina influences in this region so important to its nineteenth century development and subsequent popularity as a resort and tourist area. C. The large stone dwelling, its exterior executed in a simplified Italianate style and its interior embellished with high quality mid -nineteenth century woodwork, is one of few grand residences of the period in this region and a chief nineteenth century landmark in the area. FHR-8-300A (11178) CONTINUATION SHEET ITEM NUMBER 8 PAGE one The Blake House, also known as The Meadows, is exemplary of the period in which wealthy Southern planters seeking a cool climate settled in the mountainous area around Hendersonville for the summer months. There was a marked contrast between the grand wealth and prosperity they brought to this region and the existing life- style of the mountain natives, and the effects of their interaction are still evident today. The Blakes were one of the first of such families to discover this area. Their house, the second constructed for the family on the site, is a two-story, Italianate style stone structure complete with a cupola and surrounded by boxwoods reputed to be some of the world's largest. It is a fine, little -altered example of the grand architecture brought to this area by those from the low -country. While its exact date of construction is unclear, it appears that it was built for Robert Blake sometime after 1860. The architecture of the house has greater significance than the historical background; consequently, only a minimum effort was made to document the largely traditional material presented in this report. About the beginning of the last century summer visitors from South Carolina and Georgia began to visit Asheville and its vicinity; with the building of the Buncombe Turnpike between 1824 and 1827 their numbers increased greatly. They would bring their families and servants and spend months in these mountain resorts. As they began to build summer residences this practice resulted in villages being owned chiefly by these summer visitors, most notably the community of Flat Rock south of Hendersonville.) The effect of this on the native mountain settlers was great. The mountain population included wealthy owners of large tracts of land, a group who lived in substantial dwellings and enjoyed a "good living," cabin dwellers who owned only a few acres of farm land, and the isolated hill people who owned little or no land.2 Since they were largely self-reliant agricultural people, their economic progress depended on creating a surplus which could be sold. Thus the tide of low -country settlers brought a new market right to their door step, eliminating long hard trips to sell their goods. Further, it was a money market, not a barter market, which had heretofore been largely theirmethod of trade.3 Unlike the people living in western North Carolina these low-landers were not interested in mountain farming. Instead they made of their acreages great estates with winding, tree -lined avenues.4 There was in these Summer homes an ease of living, a degree of luxury, a charm and diversity of interests never before seen in western North Carolina.5 This new way of life the low-landers brought to the hills continued to affect the social and economic ideas of the native mountain people. Daniel Blake was one of the first to buy property for building a summer residence. The tract he purchased was known as Murray's Inn, which was owned and operated by William Murray and had become a favorite stopping place for travelers along the Buncombe Turnpike.6 William Murray conveyed the property consisting of 950 acres to Daniel Blake in December, 1827.7 The property lies in the Hoopers Creek Valley on the waters of the Cane Creek near the town of Fletcher, FHR-8-300A (11/78) - CONTINUATION SHEET ITEM NUMBER 8 PAGE two Associated with its location is the legend that this tract of land was the place where the Catawba grape originated. Shortly after 1800 a boundary con"Assion, with members from North and South Carolina, was staying at Murray's Inn while working out the line between the states. One of the South Carolina men noticed a type of grape (fox grape) producing both red and purple fruit, which their host had found growing wild along the banks of a stream. He carried cuttings and roots of the wild specimen home to South Carolina and propogated and cultivated it under the name of Catawba. The Catawba grape was not long in becoming more widely known as wine from its fruit gained fame for its spendid qualities. This variety found growing wild on lands at 9 Murray's Inn is said to be the only native wine grape this country has ever produced. The tradition related by his descendants is that Daniel Blake, a wealthy rice planter of the low -country who was educated in England, had for a long time visited Rhode Island every summer, until friends urged that he make a trip into the mountains of western North Carolina. It has been said that he had relatives in Tennessee and that he planned extending his journey to that place while in the mountains. En route, he stopped at Murray's Inn, where lameness of his horse necessitated his spending several days. He later decided to purchase the property from Murray and allegedly paid him $10,000 in gold coins.10 Daniel Blake is said to have built a house in 1829 which he called "The Meadows" and employed an English gardener to lay out and plant the lawn which included the famed boxwoods imported from England.11 The boxwoods are reputed to be among the largest of their kind in the United States today.12 This criginal house was built of wood on the same site the present house is now situated. Eventually the house became a full-time residence, and slave quarters and stables were built. Other tracts of land in the vicinity were also acquired by the family.13 In 1857 Mr. and�Mrs. Daniel Blake gave a dinner party which was attended by low - country members of Episcopal families who had made their home or visited frequently in the Fletcher area. At this party the Calvary Episcopal Church was organized as there was no church conveniently located for them to attend.14 The low -country people in the 14ocpers Creek Valley spent a far greater part of their time in the mountains than did those of nearby communities such as Flat Rock and thus felt they should form their own church, for the nearest Episcopal church was a thirty mile distance.15 Daniel Blake gave four acres of land for the church.16 Later thirteen additional acres of land were deeded to the church by Fannie Blake.17 She was one of Daniel Blake's children and she eventually built a schoolhouse near the church for teaching the mountain children.18 The original house burned, probably in the early 1860s. As the second house was not built immediately, the family lived in the servants' quarters in the interim. Robert Blake, Daniel's son, then built the current structure on the same site some time after the burning of the original --the exact date is unclear. This house was FHR-8-300A (11/78) - CONTI NUATION SHEET ITEM NUMBER 8 PAGE three built primarily with local materials --the stone of tLe exterior was said to be extracted from a quarry on Burneys Mountain just to the northeast.19 Daniel Blake was twice married and the father of eight children. He died in 1873 * 20 His will stated that all of his estate should be given and devised to R. B. Blake and B. H. Rutledge and granted them power to sell any part or the whole of the estate and the proceeds thereof to be used to pay all just debts and the remainder to be divided in seven shares.21 Apparently R. B. Blake, who was responsible for the building of the existing house, must have chosen to keep this home tract for himself. In 1920 Benjamin Rutledge deeded his interest to R. B. Blake, making him the sole owner 22 of the tract which is in this deed described as consisting of approximately 100 acres. According to his niece, Mrs. Emma Blake Rutledge, Robert Blake lived a fairly quiet life. lie was Daniel Blake's son by his second marriage. He attended the Naval Academy briefly and then returned home to "The Meadows" (for that name bad continued to be used for the second house). He never married and pursued no active career. Apparently he cultivated very little of the land and largely derived his income from selling parts of the estate. His mother lived with him until she dice in 1913.23 In 1925 R. B. Blake sold this tract (resurveyed and described as 126.54 acres) to M. E. Gruber, a resident of Florida.24 M. E. Gruber, then, in the same year sold the property to A. J. Cleary who then in 1926 sold the tract to Eugene C' * Ward.214 The property was then transferred back to M. E. Ciuber in 1927.26 During this period of ownership a mortgage naming R. B. Blake had been in effect, but in 1920 this was foreclosed and the trustee then sold the property to P. H. Branch, M. E. Plain, Edwin L.Ray, and W. E. Shufford jointly.27 In 1938 Charles F. Speed bought the p-cperty and in 1941 sold it to Edwin Tracy Edgerton, whose family occupied the home for about thirty years.28 In 1972 the property was once again sold to Johii C. Youngblood ar ' d William T. Justice.29 During these years of ownership the house was used as a private residence with no particular significance being attached to those: occupants. The property is adjacent to an industrial park and was recently (July, 1979) purchased by the Kellwood CorForation. Adjacent development has begun, though the company has stated its intentions to preserve the old stone house. The house ane its associated landscaping survive as important remnants of nineteenth century low -country influences in this region. FHR-8--300A (11/78) - CONTINUATION SHEET ITEM NUMBER 8 PAGE four F. A. Sondley, A History or Buncombe County, North Carolina (Spartanburg: The Reprint Company, 1977 , 622. 2 Ina Westemeyer Van Noppen and John J. Van Noppen, Western North Carolina Since the Civil War (Boone: Appalachian Consortium Press, ­l973 �,17�-18. 3 Sadie Smathers Patton, The Story of Henderson County (Asheville: The Miller Printing Company, 1947), 99, hereinafter cited as Patton, Story of Henderson County. 4 Ora Blackmun, Western North Carolina: Its Mountains and Its People to 1880 (Boone: Appalachian Consortium Press, 1977), 290, hereinafter cited as Blackmun, Western North Carolina. 5 Blackmun, Western North Carolina, 294. 6 Patton, Stoma of Henderson County, 189. 7 Buncombe County Deed Books, Office of the Register of Deeds, Buncombe County Courthouse, Asheville, Deed Book 15, p. 8. 8 Henderson County Property Tax Records, Office of the Tax Supervisor, Henderson County Courthouse, Hendersonville, Property Records of John C. Youngblood and William T. Justice, Hoopers Creek Township. 9 Lenoir Ray, A History of Henderson County, North Carolina, 1787-1968 (Chicago: Adams Press, 1970), 49. 10 Patton,.Stoa_2j Henderson County, 205. 11 Telephone Interview 5/19/79 with Emma Blake Rutledge, n resident of Charleston and granddaughter of Daniel Blake, hereinafter cited as Rutledge Interview 5/19/79. 12 Reverend Mark Jenkins, Historical Sketch of Calvary Episcopal Church (Fletclier: Calvary Parish for its Centennial Celebration, 1959), 6. 13 Rutledge Interview 5/19/79. 14 "An Open Air Westminster for the South in Western North Carolina," Southern_ Tourist, November, 1926, Pack Memorial Library, North Carolina Room, N. C. Churches - Protestant Episcopal -Calvary Episcopal File, hereinafter cited as Calvary Episcopal File. FHR-8-300A (11/78) CONTI NUATI ON SHEET I-IEM NUMBER 8 PAGE five 15 Patton, Story of Henderson County, 189. 16 Henderson County Deed Books, Office of the Register of Deeds, Henderson County Courthouse, Hendersonville, Deed Book 7, p. 144, hereinafter cited as Henderson County Deed Book. 17 Henderson County Deed Book 16, p. 84. 18 Calvary Episcopal File. 19 Rutledge Interview 5/19/79. 20 Rutledge Interview 5/19/79; and 1873 is shown as death on headstone in cemetery adjoining Calvary Episcopal Church, Fletcher, N. C. 21 Henderson County Will Books, Office of the Clerk of Superior Court, Henderson County Courthouse, Hendersonville, Will Book 1, p. 132, Daniel Blake. 22 Henderson County Deed Book 105, p. 176. 23 Rutledge Interview 5/19/79. 24 Henderson County Deed Book 139, p. 6. 25 Henderson County Deed Books 151, p. 162 and 172, p. 89, respectively. 26 Henderson County Deed Book 175, p. 338. 27 Henderson County Deed Book 195, p. 56. 28 Henderson County Deed Books 202, p. 224-227 and 235, p. 107 respectively. 29 Henderson County Deed Book 501, p. 59, UMAJOR BIBLIOGR"HICAL REFERENCES Blackmun, Ora. Western North Carolina: Its Mountains and Its people to 1880. Boone Appalachian Consortium Press, 1977® Buncombe County Records Deeds IMGEOGRAPHICAL DATA ACREAGE OF NOMINATED PROPERTY— 10 UTM REFERENCES A [1L7 LL69�0 [11 �92 2 2 �, _�2 %1_ _qJ 13 LI ZJ WfiAL a t01 L3, 9 L2 U2Lq.LQJ ZONE EA STING NORTHING ZONE EASTINGNORTHING C LI fJ7J 3 _[6_L4 3 2 2 0 D Ll J7 LL6-L4- �44 o L3 , -9 L2 , -2- �32 o L_A 7 0 9 L _J [3 A— _L_[LL1J VERBAL BOUNDARY DESCRIPTION The Dominated area includes the final 10 acres that have remained in continuous association with the house and have been. undisturbed, by,modern development. The boundary line encompasses the house,the large boxwoods adjacent, the remains of as,sociated early outbuildings, and undeveloped acreage to the north, east, and South. To the west, grading and excavation for' an industrial plant have already begun. The western boundary is pr,,olvid,ed,by the easternmost edge of this new ground disturbance., Rug WTI 4M] fill 11MV-11 9 1 MOMS] LIN WAUS 10 111116*11FL111 1044 1 1 1 "1 STATE CODE COUNTY CODE STATE CODE COUNTY CODE 10FORM PREPARED BY NAME/TITLE Property description by Michael Southern, Survey Specialist Statement of Significance by Linda Threadgill, Consultant, edited by ORGANIZATION Je-r—r-y-Gr—oss, Researc-Fe--r DATE Survey and planning Branch, IN. C. Sion of Archives STREET& NUMBER TELEPHONE 109 E. Jones Street 19-733-654_5,__, CITY OR TOWN STATE North Carolina 27611 [9STATE HISTORIC PRESERVATION OFFICER CERTIFICATION THE EVALUATED SIGNIFICANCE OF THIS PROPERTY WITHIN THE STATE IS: NATIONAL STATE — LOCAL -L— As the designated State Historic Preservation Officer for the TNational -Historic -Preservation Act of 1966 (Public Law 89-665), 1 hereby norninate this property for inclusion in the National Register and certify that it has been evaluated according to the criteria and procedures set forth by the National Park,,Service. C-4) STATE HISTORIC PRESERVATION OFFICER SIGNATURE Or, 0 P!) I . ,, -, FHR-8-300A UNITED STATES DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE I �11­ W001 a, 51111111" CONTINUATION SHEET ITEM NUMBER 9 PAGE one Henderson County Records Deeds Tax Records Wills Jenkins, Reverend Mark. Historical Sketch of Calvary Episcopal Church. Fletcher: Calvary Parish for Its Centennial Celebration, 1959. "An Open Air Westminster for the South in Western North Carolina," Southern Tourist, November, 1926, Pack Memorial Library, North Carolina Room, N. C. Churches - Protestant Episcopal -Calvary Episcopal File. Patton, Sadie Smathers. The Story of Henderson County. Asheville: The Miller Printing Company, 1947. Ray, Lenoir. A History of Henderson County, North Carolina, 1787-1968. Chicago: Adams Press, 1970. Sondley, F. A. A History of Buncombe County, North Carolina. Spartanburg: The Reprint Company, 1977. Asheville, 1930 Telephone Interview 5/19/79 with Emma Blake Rutledge, granddaughter of Daniel Blake. Mrs. Rutledge's address is 59-B King Street, Charleston, South Carolina, 29401, phone number (803) 722-4440. Van Noppen, Ina Westemeyer and John J. Western North Carolina Since the Civil War. Boone: Appalachian Consortium Press, 1973. FHR-8-300A (11/78) UNITED STATES DEPARTMENT OF THE INTERIOR HERITAGE CONSERVATION AND RECREATION SERVICE �KWVKIY*0#01 CONTI NUATION SHEET ITEM NUMBER 10 PAGE one a line running south-southwest along the eastern edge ofa new access road from its intersection with SR 1547 a distance of approximately 1000 feet to the southernmost boundary of the Kellwood property. The southern boundary is given by the southern property line of the Kellwood tract, running east a distance of approximately 800 feet to the intersection with the Southern Railway right-of-way. The eastern boundary follows the railroad right-of-way north tothe intersection with SR 1547. The northern boundary follows the southern edge of the SR 1547 right-of-way west back to the beginning r o � -_ • o �' �° y' S tr I >,UFEi 75 2097 �o F)r"Pchpr S�,G� Mile 5n UF, `1139 ���,it�, %, ✓ 2 &3 J' c i" 11 tciL� ,z - -� I1J- X,Ur6�7e i - EN S" -fI- r, ock RC! r • y a � n ,fP 7 A h'I� Lct,t" � o-as`�f�' 7'he Meada�as (Blake House) South side of SR 1547, 0.1 mile west of _ I r junction with1545 SR C r Fletcher vicinity, Henderson County, NC, o 10 acres Fruitland, N.C. Quadrangle. Scale 1:24000� UTM References: Zone 17��c�t���}�� F ng 364Z90 N 397.2130 364370l i ; (A}Fasti(C) E Northing 3922�F�0 (D) E 364440 1Vl (B)E 364220N 3922320 N 3922200�°o - `, it i I e — _ I 1 II d. • � 'tee. � l '�— 1 - 0 I J i � 1 � 1 i r q \r 1 7 A Ca,xi <,rrni��f�;#� tr�� , f� U i I m i i GOU(J) Mtn Bye 0r ..Fzr� ;.— , r � a i