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HomeMy WebLinkAbout20211609 Ver 2_SoNA Ph2 NWP 29-58 & Ind WQC Request 2.6.24_20240206CLearWaLer An EnviroScience Company C1earWater Environmental Consultants, Inc. www.cwenv.com February 6, 2024 Mr. Mitchel Anderson US Army Corps of Engineers Mr. Andrew Moore Asheville Regulatory Field Office NC Division of Water Resources 151 Patton Avenue, Room 208 2090 US Highway 70 Asheville, North Carolina 28801 Swannanoa, North Carolina 28778 RE: Springs of North Asheville Ph 2 (+/- 9.5 Ac) Action ID: SAW-2006-30511 / DWR # 21-1609 Nationwide Permit 29/58 Application Buncombe County, North Carolina Dear Mr. Anderson and Mr. Moore, The attached Pre -Construction Notification (PCN) is being submitted on behalf of NSR WOODFIN, LLC; represented by David Dupree; and STARS AND STRIPES 2C, LLC; represented by Amanda Avery. The project site is located on Buncombe County PINs 973146435700000 and 973146157300000, located at the end of Walnut Springs Drive in Woodfin, North Carolina (35.669071,-82.588529). The applicant is seeking a Nationwide Permit 29/58 for temporary and permanent wetland and stream impacts associated with residential development and an on -site sewer line extension. Please do not hesitate to contact me at 828-698-9800 ext. 302 if you have any questions regarding the attached application and supplemental information. A copy of this application has been sent via email to Andrea Leslie - NC Wildlife Resources Commission. Sincerely, Tyson Kurtz, PWS Biologist Copy issued: NC Wildlife Resources Commission — Andrea Leslie 145 Th Avenue West, Suite B Hendersonville, NC 28792 828-698-9800 Tel Preliminary Data Entry Fields for New Actions SAW - 2006 - 30511 1. Project Name: Springs of North Asheville Ph 2 2. Work Type: Private 7 Institutional ❑ Government ❑ Commercial ❑ 3. Project Description / Purpose: Nationwide Permit 29/58 application to re -permit residential development of phase 2. 4. Property Owner /Applicant: NSR WOODFIN, LLC and STARS AND STRIPS 2C, LLC 5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company 6. Related Action ID Number(s): SAW-2006-30511 7. Project Location - Coordinates, Street Address, and/or Location Description: The project site is located on Walnut Springs Drive in Woodfin, Buncombe County, North Carolina. (35.669071,-82.588529) 8. Project Location - Tax Parcel ID: 973146435700000 and 973146157300000 9. Project Location —County: Buncombe 10. Project Location — Nearest Municipality or Town : Woodfin 11. Project Information - Nearest Waterbody: Wagner Branch (Class C) 12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105 Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 ❑ Regulatory Action Type: eStandard Permit Nationwide Permit # ❑✓ Regional General Permit # 29/58 ❑ Jurisdictional Determination Request R Pre-Application Request Unauthorized Activity 0 Compliance ❑ No Permit Required Revised 20210513 Buncombe County Assessment Property Record Search 973146157300000 NSR WOODFIN LLC 99999 MAGNOLIA SPRINGS LN 800 GREEN VALLEY RD STE 203, GREENSBORO, NC, 27408 KEY INFORMATION Zoning Land Use Code Fire District Present Use Appraisal Area Exemption Legal Description Plat Reference COMMON AREA FNB Total Appraised Value $0 Neighborhood Municipality Special District Zachary Price (828) 250-4955 zachary.price@buncombecounty.org Deed Date:07/01/2021 Deed:6088-1067 SubDiv:THE SPRINGS OF NORTH ASHEVILLE Lot:OPEN SPACE 3 Plat:0230-0089 230-89 ASSESSMENT DETAILS Land Value $0 Building Value $0 Features $0 Total Appraised $0 Value I Deferred Value Exempt Value Total Taxable Value LAND INFORMATION ZONING LAND USE CODE SIZE NEIGHBORHOOD ASSESSED VALUE FLOODPLAIN - COMMON AREA 6.83 acres WPLA $0 NO Data last updated: 12/18/2023 Buncombe County Assessment Property Record Search 973146435700000 STARS AND STRIPES 2C LLC 99999 WALNUT SPRINGS DK 1123 ZONOLITE RD NE STE 30, ATLANTA, GA, 30306 KEY INFORMATION Zoning - Land Use Code UNDEVELOPED TRACT Fire District FNB Present Use - Appraisal Area Zachary Price (828) 250-4955 zachary.price@buncombecounty.org Exemption - Legal Description Deed Date:01/13/2014 Deed:5178-1657 Lot:TRACT 2 Plat:0218-0167 Plat Reference 218-167 ASSESSMENT DETAILS Land Value $145,800 Building Value $0 Features $0 Total Appraised $145,800 Value Deferred Value $0 Exempt Value $0 Total Taxable $145,800 Value LAND INFORMATION ZONING LAND USE CODE - UNDEVELOPED TRACT 1 SIZE NEIGHBORHOOD 11.85 acres WPLB r. r �.• tt �� ......... ASSESSED VALUE $145,800 Total Appraised Value $145,800 FLOODPLAIN NO Neighborhood Municipality Special District Data last updated: 12/18/2023 cLearWaLer An EnviroScience Company Department of the Army Wilmington District, Corps of Engineers Attn: Tommy Fennel, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Stephanie Goss 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize C1earWater Environmental Consultants, an EnviroScience company, to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subj ect to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: Property Owner Address- Phone Number: Email address: Property Location: NSR WOODFIN, LLC 800 Green Valey Road STE 203 Greensboro, NC 27408 1-ay 3c.I 451 of a•� i �n ui�'1� $ 1 ®� c✓� 1 J(� M1„o ,,,,i co r-o 99999 Magnolia Springs Lane Woodfin, NC Owner/Managing partner Signature: Owner/Managing printed name: Date: —30 145 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com CLearWater An EnviroScience Company a Department of the Army Wilmington District, Corps of Engineers Attn: Tommy Fennel, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Stephanie Goss 512 North Salisbury Street Raleigh, North Carolina 27604 I, the current landowner/managing partner of the property identified below, hereby authorize C1earWater Environmental Consultants, an EnviroScience company, to act on my behalf as my agent during the processing of jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting onsite investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: Stars and Stripes 2C, LLC Property Owner Address: 1031 Marietta Street NW, Suite A _ Atlanta, GA 30318 Phone Number: 404-480-4900 Email address: contact@drapacgroup.com Property Location: 99999 Walnut Springs Drive Owner/Managing partner Signature: Owner/Managing printed name: Ama ida Avery Date: 1 /25/2024 145 7th Avenue West, Suite B Hendersonville, NC 28792 Phone: 828-698-9800 www.cwenv.com fl Y Office Use Only: Corps action ID no. DWQ project no. Form Version 1.4 January 2009 Pre -Construction Notification (PCN) Form A. Applicant Information 1. Processing 1 a. Type(s) of approval sought from the Corps: ❑X Section 404 Permit ❑ Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 29/58 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No 1d. Type(s) of approval sought from the DWQ (check all that apply): ❑X 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ❑X No For the record only for Corps Permit: ❑ Yes ❑X No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. ❑X Yes ❑ No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. ❑ Yes ❑X No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ❑X No 2. Project Information 2a. Name of project: Springs of North Asheville Ph 2 2b. County: Buncombe 2c. Nearest municipality / town: Woodfin 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: NSR WOODFIN LLC / Stars and Stripes 2C, LLC 3b. Deed Book and Page No. 6088-1067 / 5178-1657 3c. Responsible Party (for LLC if applicable): David Dupree / Amanda Avery 3d. Street address: 800 Green Valey Rd Ste 203 / 1031 Marietta St NW Suite A 3e. City, state, zip: Greensboro, NC 27408 / Atlanta, GA 30318 3f. Telephone no.: 704-361-4513 / 404-480-4900 3g. Fax no.: N/A / N/A 3h. Email address: david@northstatedevelopment.com / contact@drapacgroup.com Page 1 of 10 PCN Form — Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: ❑X Agent ❑ Other, specify: 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: Tyson Kurtz 5b. Business name (if applicable): ClearWater Environmental Consultants, an EnviroScience Company 5c. Street address: 145 7th Avenue West, Suite B 5d. City, state, zip: Hendersonville, NC 28792 5e. Telephone no.: 828-698-9800 ext 302 5f. Fax no.: N/A 5g. Email address: tkurtz@enviroscienceinc.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 973146435700000 and 973146157300000 1 b. Site coordinates (in decimal degrees): Latitude: 35.669071 Longitude:-82.588529 1 c. Property size: 9.5 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Wagner Branch 2b. Water Quality Classification of nearest receiving water: Class C 2c. River basin: French Broad / 06010105 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The 9.5 acre proejct site is a stream corridor with existing road crossing to a early successional forest. Land use in the general vicinity of the project is primarily residential. 3b. List the total estimated acreage of all existing wetlands on the property: 0.471 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 952.5 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to develop phase 2 of the residential development; including a sewer utility connection. 3e. Describe the overall project in detail, including the type of equipment to be used: See Additional Information following the PCN form. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / project (includingall prior phases)in the past? ❑X Yes ❑ No ❑ Unknown Comments: 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑X Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Alea Tuttle & Tyson Kurtz (for 2020 JD) Agency/Consultant Company: Clearwater (2006 & 2019) Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. An AJD was issued on June 10, 2020 (Attachment A) and a JD was issued on January 30, 2006 (Appendix A) 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑X Yes ❑ No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. See Additional Information following the PCN form. 6. Future Project Plans 6a. Is this a phased project? ❑X Yes ❑ No 6b. If yes, explain. This is Phase 2 of residential development project. Cumulative impacts of Phase 1 and restoration work have been accounted for. This is final planned phase. Page 3 of 10 PCN Form — Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): ❑X Wetlands ❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Excavation Headwater Wetland Yes Corps 0.098 W2 T Land Clearing Headwater Wetland Yes Corps 0.085 W3 P Fill Headwater Wetland Yes Corps 0.064 W4 P Fill Headwater Wetland No Corps 0.002 W5 Choose one Choose one Yes/No W6 Choose one Choose one Yes/No 2g. Total Wetland Impacts: 0.254 2h. Comments: W1, W2, and W3 are all impacts to PSS wetlands. W1 is for temporary excavation to install a sewer line utility and the 20ft wide maintenance easement will be converted to PEM wetland type. Wetland restoration for W1 and W2 are included on Figures 5.1 and 5.3. Total permanent impacts to wetlands is 0.164 ac. NCWAM forms for impact areas are in Appendix D. Photos of proposed wetland impact areas are in Appendix E - Photolog. 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent (INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 T Excavation S2 - UT -Wagner Branch PER Corps 3 20 S2 T Excavation S2 - UT -Wagner Branch PER Corps 3 20 S3 P Fill S3 - UT -Wagner Branch PER Corps 2 12.5 S4 P Fill S4 - UT -Wagner Branch PER Corps 2 21.4 S5 Choose one S6 Choose one 3h. Total stream and tributary impacts 3i. Comments: S3 - 0.0006 Ac + S4 - 0.0010 Ac = 0.0016 Ac loss of stream bed. Photos of proposed stream impact areas are in Appendix E - Photolog. Page 4 of 10 PCN Form — Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indivi ually list all open water impacts below. 4a. Open water impact number Permanent (P) or Temporary T 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 Choose one Choose O2 Choose one Choose 03 Choose one Choose 04 Choose one Choose 4f. Total open water impacts 4g. Comments: 5. Pond or Lake Construction If pond or lake construction proposed, the complete the chart below. 5a. Pond ID number 5b. Proposed use or purpose of pond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one 5f. Total: 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: 6b. Buffer Impact number — Permanent (P) or Temporary (T) 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet) B1 Yes/No B2 Yes/No B3 Yes/No B4 Yes/No B5 Yes/No B6 Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The initial project design avoided waters in the central valley to the maximum extent practicable while facilitating suitable grading pads for buildings and access to those home sites. Since at least rough grading of the residential layout was done in late 2000s, the same layout is again proposed to minimize earth work. Due to property boundaries, setbacks, and MSD requirements for alignment of the municipal sewer line connection, wetland and stream impacts are unavoidable. The sewer corridor impacts are being minimized but restoring wetland areas in the temporary work corridor. 1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Sediment and erosion control measures and best management practices would be utilized on -site. Stream culvert installations are to be performed in the dry. Pump around / dewatering details are included (Figure 5.1-5.2). 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑X Yes ❑ No 2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑X Corps 2c. If yes, which mitigation option will be used for this project? ❑X Mitigation bank ❑X Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: RES 3b. Credits Purchased (attach receipt and letter) Type: Riparian wetland Type: Choose one Type: Choose one Quantity: 0.205 Quantity: Quantity: RES only has partial amount of credits needed assuming a 1.51 ratio. Statement of availability is included in Appendix 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. ❑X Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: 0.052 acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Assuming 1.5:1 mitigation ratio using all available wetland credits from RES then ILF for remainder. ILF acceptance letter in App D. 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form — Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires ❑ Yes ❑X No buffer mitigation? 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 30 % 2b. Does this project require a Stormwater Management Plan? ❑X Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: The proposed project is subject to review and approval by Town of Woodfin - Buncombe County. Town of Woodfin is a delegated authority for the review and approval of Stormwater Management Plans. The Stormwater Management Plan was submitted to the Town on November 1, 2023. Documentation of approval can be forwarded upon request. 2e. Who will be responsible for the review of the Stormwater Management Plan? Town of Woodfin - Buncombe Co. 3. Certified Local Government Stormwater Review 3a. In which localgovernment's jurisdiction is thisproject? Town of Woodfin ❑X Phase II ❑ NSW 3b. Which of the following locally -implemented stormwater management programs ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑X No attached? 4. DWQ Stormwater Program Review ❑Coastal counties ❑HQW 4a. Which of the following state -implemented stormwater management programs apply ❑ORW (check all that apply): ❑Session Law 2006-246 ❑Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the ❑ Yes 0 No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes ❑ No letter.) Comments: 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, []Yes 0 No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? ❑Yes 0 No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes 0 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. The proposed residential development project was previously permitted/planned for but was not completed by original developers. This current phase is the second attempt at completing the residential development on site and is the final planned stage. The on -site sewer line extension will only serve the proposed residential development on this site. Completion of this project would not result in additional development which could impact nearby downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater will be treated by the municipal sewer system. The proposed tie-in location in the northeast corner of the site is shown on Figure 5.0 Page 9 of 10 PCN Form — Version 1.4 January 2009 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or ❑ Yes ❑X No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ❑X No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? See Additional Information following the PCN form and Appendix F 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? NOAA's Essential Fish Habitat (EFH) Mapper. Accessed December 18,2023 at https://www.habitat.noaa.gov/apps/efhmapper/. 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation ❑ Yes ❑X No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? Please Reference Attached Supplemental Information 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA-designated 100-year floodplain? ❑ Yes ❑X No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA Map Number 3700973100J, effective 01/06/2010 (Figure 6). Tyson Kurtz 1/29/2024 Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 PCN Form Additional Information Section B.3e Project Description - Details This proposed project, referred to as the Springs of North Asheville Phase 2, is to complete the residential development originally planned for this site in the early 2000s. Due to the economic recession around 2008, the permitted residential development (Appendix B) was not completed. The residential development west of the center stream was conducted and the houses are nearly finished being built. The culvert to cross the center valley was installed where no stream channel was present, but a wetland impact was conducted. The area east of the stream was cleared and graded, but not developed. The current project layout (Figure 5.0) is similar to the permitted 2006 layout but has been updated to current standards. Previously permitted impact areas that were not conducted are again proposed to a similar extent. Current Impact S3 overlaps the 2006 Impact 3 area. Currently an approximately 12ft long section of stream channel is present where there is a gap in culverts near the center of the 2006 Impact 3 Area. The existing approximately 50-foot-long culvert will be replaced when Impact S3 is conducted. The current Impact W3 corresponds to the 2006 Impact 1 area (not conducted). Current Impact S4 was not applied for in 2006 due to the stream channel not being present in 2006. This channel is a headcut in a man-made impoundment that goes underground. A connection to the municipal sewer line and associated impact areas have been added. Due to the property alignment and location of suitable sewer tie-in location (based on Buncombe County MSD feedback), the center stream must be crossed twice. The required sewer alignment will include a wetland crossing that is approximately 150 LF. A corridor up to 40 feet wide will be cleared and temporarily disturbed for the excavation and installation of the sewer line. The 20ft wide maintenance easement will be returned and converted from PSS to a PEM emergent wetland once the installation is complete. The wetland restoration plan for temporarily cleared areas outside the maintained easement is found in Figures 5.1 and 5.3. The current impact map shows the 2019 AJD delineation. The 2021 permitted stream restoration (Appendix C) project area was not re -delineated for WOTUS. Therefore, the open water/emergent wetland complex is still shown on the current site plan. Photos of the restored area taken in January 2024 are included in Appendix E. Please note the restoration/impact plan figure for these permits incorrectly notes 01 as 0.242 ac when it was 0.424 ac. Total cumulative permanent wetland loss (non -restoration based) totals 0.171 ac. The 0.007 acres of impact was to "freshwater forest" wetland type in 2006. Current proposed permanent wetland impacts occur to palustrine scrub -shrub wetland types. A mitigation ratio of 1.5:1 is requested for mitigation of these wetland impacts due to type and low NCWAM ratings. The proposed tie-in location to existing municipal water supply line is located in the road shoulder of Old Marshall Highway and the on -site alignment will not impact waters. A Nationwide Permit 29 and 58 (if needed), and Individual Water Quality Certification(s) are requested to authorize the impacts to Waters of the US on site. Typical construction equipment will be used on site including excavators, dump trucks, etc Section B.5b Project History - Details Two Nationwide/General Permits and one Individual Water quality Certification have previously been issued by the Corps and NC DWR on the project site. The 2006 permit was for residential development of the entire site. The economic recession around 2007 lead to only a portion of the permitted impact areas and housing to be constructed. The 2021 permits were for voluntarily restoration of a failing man-made pond with severe headcut at the outfall into a stream and wetland. This area was a safety concern. The table below summarizes the approved impacts and what was conducted. Cumulative impact areas for streams was determined from previous PCN forms and old GPS data. Copies of the 404/401 approvals are included in Appendix B and C. Summary of Previously Authorized Impacts Action ID No. / NC DWR No. Issue Date NWP / GP Number Resource Impact Type Permanent Impacts Temporary Impacts Conducted? Stream SAW-2006- 30511 April 3, 2006 39 Culvert 142 LF LF / 0.010 Ac 0 Yes Wetlands Road Crossing 0.007 Ac 0 Yes Retaining Wall / Grading 0.040 Ac 0 No Open Water Grading / Fill 0.005 Ac 0 Yes SAW-2006- 30511 / DWR No. 21-1609 January 18, 2021 27 Wetlands Convert to stream channel 0.028 Ac 0 Yes Grading floodplain 0.125 Ac Yes Open Water Draining / fill 0.424 Ac 0 Yes Prior Impacts Towards Mitigation Wetland 0.007Ac Stream 142 LF / 0.010 Ac Section F.5d Endangered Species and Designated Critical Habitat - Sources A preliminary Threatened and Endangered Species Review and Habitat Assessment is included in Appendix F that includes USFWS Information for Planning and Consultation (IPAC) Beta - Official Species List. Proposed impacts to waters are mostly in areas of shrubs and juvenile trees. Section F.7b. Historic or Prehistoric Cultural Resources — Sources The following sites were found within a 0.5-mile radius of the project boundary: Site ID Site Name Status Distance from Project BN2089 Zebulon H. Baird House NR - National Register +/- 0.18 miles BN1406 Foster's Log Cabin Court NR - National Register +/- 0.4 miles BN6189 Mary J. Sevier House DOE - Determined Eligible +/- 0.25 miles BN6188 The Pines Cottages DOE - Determined Eligible +/- 0.32 miles Multiple other properties within a .5-mile radius of the project boundary are listed as "Surveyed Only" with no further status given. Data gathered from NCHPO's HPOWEB 2.0 for General Audience. Accessed December 19, 2023. Springs of North Asheville (+/- 9.5 AC) Legend 23 N Le 9 � Project Boundary Weaver gJv A Weaverville r H Alexander \\0 Rd (;0 �!pine`z � Church St a Central Ave. a e�a� woo ° �a11s Dr .( \10Te0� 00wn 5t� E�sr N t� z � � 4 cv h!/! -Y.`� piken Rd G`�e� Ln ColdvieW Rd fee 4o ng OA x �0 0, 0 %Y <,� Stoney Knob Rd ^0* 251 a Cove,� 3 a Project Boundary a r r-1 '19 ()sureM ' oe 0d 0`'"tvin Rq �•, `Nr t. Cif S�q ��' /, i' / o la Dr Baird Cove R JQTs a a Rd ,Oa64 Rob Woodfin �\�`ti �� 10hood Ra c+Wood Rv 0 NliicT@sad o` 0 0.25 0.5 1 1 d� 1' Miles �eyco Drawn by: BWY 10.13.21; CEC Project# 396 S0h9t - Buncombe County, CLearWater Vicinity Map An EnviroScience CompanyL� North Carolina Figure 1 145 7th Avenue West, Suite B Hendersonville, NC 28792 I F V, WIN let&" il 100 2,000 4,000 Springs of North Asheville (+/- 9.5 AC) Springs of North Asheville (+/- 9.5 AC) PROPOSED TEMPORARY WETLAND PROPOSED PERMANENT WETLAND IMPACT W2 - 0.085 AC IMPACT W4 - 0.0022 AC TEMPORARY CLEARING FOR SEWER FILL/GRADING INSTALLATION PROPOSED PERMANENT WETLAND I IMPACT W1 - 0.098 AC MAINTENANCE EASEMENT I CONVERSION—�`__-� -_ PROPOSED TEMPORARY STREAM IMPACT S1 - 20 LF 0.0014 AC�;o TEMPORARY CLEARING FOR SEWER INSTALLATION i EXISTING SONA PHASE 1 DEVELOPMENT 0` PROPOSED PERMANENT WETLAND IMPACT W3 - 0.064 AC FILL/GRADING ti m E ^ G ;���p ^o / $P PROPOSED PERMANENT STREAM IMPACT S4 21.4 LF / 0.0010 AC PROPOSED TEMPORARY STREAM 9 � P�°q.^°�'��° � Q�� , � :;������ .. FILL RADIN /G G IMPACT S2 - 20 LF 0.0014 AC 9f a b^ rr 4 II I� ..�° EXISTING RETAINING TEMPORARY CLEARING 9 6 3 �J WALL (TYP) FOR SEWER EXISTING STREAM AP;��� ��,e p� INSTALLATION (TYP) PROPOSED RETAINING CUMULATIVE IMPACT TABLE - PREVIOUSLY PERMITTED AND CONDUCTED LOSS OF WATERS � WALL (TYP) ���'' I \n \ ACTION I D 2006-30511 / DWR 21-1609 / NWP 29 - PERMANENT WETLAND - 0.007 AC / PERMANENT STREAM - 142 LF / 0.010 AC / PERMANENT OPEN WATER - 0.005 AC NWP 27 (MITIGATION EXEMPT) - PERMANENT WETLAND - 0.153 AC PERMANENT OPEN WATER - 0.424 AC PROPOSED PERMANENT WETLAND - 0.164 AC PERMANENT STREAM - 33.9 LF / 0.0016 AC TOTAL CUMULATIVE LOSS OF WATERS (MINUS NWP 27) PERMANENT WETLAND - 0.171 AC PERMANENT STREAM - 176 LF / 0.0116 AC LEGEND ------------- EXIST. BOUNDARY — — — — — EXIST. STREAM AVOIDED WETLAND ' PROPOSED IMPACTED WETLAND ' PROPOSED TEMPORARY IMPACTED WETLAND W V1 0 200 400 600 SCALE: 1"= 200' G0 GOB NO NORTH Y�' CARO LI NA T# C - 49 0 BIDS 597023 Drawn: BIDS Scale: 1"=200' Checked: Date: 01-10-2024 15 Arlington Street Asheville, N.C. 28801 Planning • Engineering - Surveying Phone. 1-828-232-4700 Environmental Services• www.cdge.com SONA - PHASE 2 C-1-0 WOODFIN, NC ENVIRONMENTAL IMPACT EXHIBIT ANTI -SEEP COLLAR 1 I inches I Utility Line I (Diameter Varies) I 1 foot I II�� Class B Concrete i l or Compacted Clay I � I 6 Inches r2renneh Width 6 inches Not to exceed 40 feet SECTION Class B Concrete or Compacted Clay ` MA TEMPORARY FILL T � A � r � L " DIP SEWED LINE REMOVE TEMPORARY PILL AFTER CONSTRUCTION OF SEWER, RESTORE TO PRE—EXISTING CONTOURS, AND SEED WITH WETLAND SEri7 MIX UTILITY IN WETLAND - TYPICAL FILL SECTION INSTALL ANCHORS IN ACCORDANCE. WITH MANUFACTURER'S RECOMMENDATIONS PLACE CLASS 1 RIP -RAP TO NORMAL HIGH WATER ELEVATION illo `+►t i►g; f —12 inches STREAMBED WTH NATIVE �. ..6—inches MATERIALS PLAN ANTI -SEEP COLLAR - WETLAND UTILITY LINE PLACE EXCELSIOR ABOVE RIP -RAP EXTEND TWO FEET BEYOND TOP OF BANK TOE IN 12 INCHES la'MIN. FILTER FABRIC STREAMBANK RESTORATION EXIST. GRADE 12, II NORTH kAROLINA n N # c - 49 / OVE€tLAP MINIML `\ CDGBIDS BIDS 597023 Drawn: Scale: 1"=200' Checked: Date: 01-10-2024 15 Arlington Street Asheville, N.C. 28801 Planning • Engineering • Surveying Phone. 1-828-232-4700 • Environmental Services• www.cdge.com SONA - PHASE 2 C-1.WOODFIN, NC 1 ENVIRONMENTAL IMPACT DETAILS WORK AA APPROVED OF4Y AZ6 VEWC€ D)SCHARGEHOS€ PUMP DEWATERfNG PUMP FLOW l $ ALL OfSCHAR6E ONTO STAKE V�ZWl VJSSRATOR Ill OF RIP RAP SAND, SECTION A -Ai CROSS SECTIC>I'J OF SANDBAG DIKE CLEAN WA TER DWE JNTAKE HOSE VR,E M IDJ VEl J"LWS fOW A' i A,KE HOSE SURF -HOLE OR Pa73L j1Z' TO 18"DEEP, 20) ���',.OR.y,. A..eE.^ .NGTI'I N0rr0EXCWD'rHAT,7Hi01 DEFJN1TON CAN EE GWdLEM Alf ONE VAY A PUMP AROUND M UTILIZEO AS A METHOO OF UIVERSION FOR AN EVSTWG STREW WATER, PLAN VIEW PURPOSE TO (50LATE TNE,JL+RRIsLuL rf0Nk WATER FROM 774E 10DRKAREA. NOTE: MATTING SHALL BE COiR FIBER, 750 GRAM PER SO. METER WITH NOMINAL 0.50 IN. OPENING SIZE. ANCHOR MATTING IN 8" TRENCH —.\ I" MIN. MATTING PLACED FLUSH WITH BANK SURFACE, LAP OVER DOWNSTREAM/GOWN SLOPE SEAMS 12' WOOD STAKE PLACED IN 3' O.C. DIAMOND PATTERN SMOOTH SURFACE, REMOVE ALL — ]EBRIS AND SEED/MULCH BEFORE mLACING MATTING EAM BED EEXTEND MATTING A MIN. OF MATTING ANCHORED DEPTH VARIES BELOW STREAM BED. 1' BELOW STREAM BED PROPOSED UTILITY f'IPE LINE MINOR STREAM CROSSING RESTORATION INSTALLATION PLACE WATERT"TDIKES W Ti4E WATERWAY UPSTREAMAND DOWN$TRE4M4?F TYF WORKA4EA. PLALI>T' WATER FROM THE UPSTREILl+<ODE, AROLM0 TfRE WORK AREA, AND MTLET ON STABLE OUTLET (USUALLY r•2­oa ON THE94NKS OF TY-E WATERWAYDOWNSTREAM OF THE f}OOMTREAUMIK _ -PUMP SHUAD BE SI2ED TO ENSURE WATER DOES NOT ON€JtTOP' THE COFFER rDAYAND ALLOW WATER INTO THE WORK AREA. - 5TRIEA14! WATER SHOULD NOT19E,ALLOVVEI9 TO FLOW T7tiRO9GH WORKAREA Ull TNF AREA JS COWLET€L YSTABLE W141CHPYCLUDES TH€RVAL SH+4l OFTHEDISTURRED STRE4),JBAi4'JCSANO STABILIZA7I0N€3FTHOS,'= BANKS WfT)4 f L6W RIPRAP. EROSk NC+7NTR{7L BLANKETS. ETC. RASE FLOW* f FOOT JMSPEll W FEETMIN.) INSPrGT I *LYDVRfNG PUMP AROUND CPERA.Til. IlTSTAlOUTLET AND ENSURE STREJif 13AIJKI~ NOT€RWfW. • MpNI i Z)R THE CREEK WA TER LEVEL VPSTREAM TO ENl PUMP JS ADEQUATELY SIZED ANO WATER DES NOT FLOW OVER COFFER DARE, - MM(TOR THE MEATH€IR FORiEC STAi4t]'ANT:.-, PATE fNCREASES INSTREAM WATER LEVELS. W(AITENVIAll -ADJUSrb(fr Ersi'Auj&rroh'fF MINK :.q( f8.N071! rEG. ADJHSTPG fP PACITYASJa # TCri;G4n, h'A T L? VOLUM, OR OTHERWlll aT,ABl :NKLS'F IX OLMfl1 il4TO Wc7PK...A13SA. PUMP AROUND - WORK IN DRY DETAIL NORTH `' CARO LI NA 0 BDs 597023 Drawn: Scale: BDS 1"=200' CDGChecked: Date: 01-10-2024 15 Arlington Street Asheville, N.C. 28801 Planning • Engineering - Surveying Phone: 1-828-232-4700 Environmental Services• I www.cdge.com SONA - PHASE 2 - Ci1 . WOODFIN, NC ENVIRONMENTAL IMPACT DETAILS NOTES. 1. LIVE STAKES TO BE PLANTED IN AREAS AS SHOWN ON PLANS AND DIRECTED BY THE ENGINEER. 2. 3' SPACING IN STAGGERED DIAMOND PATTERN 3. LIVE STAKING SHOULD BE COMPLETED DURING THE DORMANT SEASON, GENERALLY DECEMBER TO APRIL. LIVE STAKE ITYP) BASEFLOW WATER ELEVATION TOE OF SLOPE —� LIVE STAK 1--k �aµ"S40` J1 TOP OF BANK 3 ! On_ Live Stakes {use at leas[ ItIIee of Sj=LIES Ilstem SoicAft Name Gomnnon Norm Comas am rnu Silky Dogra;od 3.1.K se-- Sdky Willow r5hysocarpus opuljrohts Nimbork SalnbrtU6 oanarlansrs Eltfrberry C "Iiiinft , occicWtalis Butlor&mh STAGGER ABOUT BANKFULL STAGGER ATTOE AND HALF BANK Section View 1J2" TO 2" DIAM ETER BASLFLOW WATER ELEVATION ., TOE OF SLOPE LIVE STAKING DETAIL WETLAND RESTORATION THE WETLAND WILL BE RESTORED USING: 103 BARE ROOT SHRUBS ON 6' SPACING 58 - 1 GAL SHRUBS ON 8' SPACING OR 411 LIVE STAKES ON 3' SPACING With Dibble or Planting Bar C?ibble �plmi,�qb,, 1 Insert dibble ®r ernyle shown, end push straight up 3. Insert dibble 7 inches toward plower from seedling, S. Push handle Forward from planter, firming soil at top OF roots 2 Remove dibble, and place seedling at correct depth- 4. PWII hanclle toward planter, Firming soil al bolt*rre ofroots. --[v 6, Insar! dibble 2 inches from last hale. f t. �{ - 7_ Push forward, then Pull a. FIN in lost hole by stomping backward ro f-111 hale. 01*114 1111 1. DIBBLE BAR BARE ROOT DETAIL Pl-rd top 0 r1ior. bA 1-2" above surraugdiN grade Roatsai ouiv Wgv d rwbatlAmId be looks led tr) Onzurkgo6d t ifilt. la-routconlad a 9aslddt YhAfI tapsQil ftptn htsle +e41 war the *ly 4' Iayet of bark mjk:h Do not buy smems for brunk. Ewing grade h r ; R" W I should sit "�-"— directly on lop of iinrli3turbed iotl i Hale should be dwee iirnm as w de .: feat ball wm stoned sides CONTAINER PLANTING DETAIL NORTH `' CARO LI NA 0 BDS r In r Drawn: BDS Checke 1 01-10-2024 Planning • Engineering - Surveying Environmental Services• 597023 tale: 1"=200' 15 Arlington Street Asheville, N.C. 28801 Phone: 1-828-232-4700 www.cdge.com SONA - PHASE 2 C- i . 3 WOODFIN, NC 1 ENVIRONMENTAL IMPACT DETAILS Springs of North Asheville (+/- 9.5 AC) PCN Appendix A: Jurisdictional Determinations Preliminary Jurisdictional Determination (2006) Vo Approved Jurisdictional Determination (2020) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 200630511 County: Buncombe U.S.G.S. Quad: Weaverville NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Agent: Riverwood Real Estate Development Company,_A_ttn: Eric Zetterholrn Address: Post office Box 19630 Asheville North Carolina 28815 Telephone No.: 828-254-8005 Size and location of property (waterbody, road name/number, town, etc.) An approximate 33 acre tract, known as the S rin s of North Carolina located off of Old Marshall Highway near Woodfin North Carolina. Two headwater tributaries to Wagner Branch an existing and and ad'acent wetlands exist on the ro er Indicate Which of the Followin A 1 : _ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. There are 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 strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps. X The waters of the U.S. on your property have been delineated and the delineation has been verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The 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 property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification, _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Washington, NC, at (252) 946-6481 to determine their requirements. Remarks: Corps Regulatory Official: Date 01/30/2006 Expiration Date 01/30/2011 Page 1 of 2 Action Id. 200630511 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). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Baker at (828) 271-7980. Basis For Determination: Stream channels and the pond exhibit ordinary high water marks wetlands have the 3 required parameters as outlined in the 1987 Corps of Engineers Wetlands_ Delineation Manual, and the pond is connected to downstream waters. Unnamed tributaries drain into Wagner Branch which drains into the French Broad River which is Section 10 navigable -in -fact waters. Corps Regulatory Official (Initial): _ FOR OFFICE USE ONLY: • A plat or sketch of the property and the wetland data form must be attached to the file copy of this form. • A copy of the "Notification Of Administrative Appeal Options And Process And Request For Appeal" form must be transmitted with the property owner/agent copy of this form. • If the property contains isolated wetlands/waters, please indicate in "Remarks" section and attach the "Isolated Determination Information Sheet" to the file copy of this form. Pale 2 of 2 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. 2006-30511 County: Buncombe U.S.G.S. Quad: NC- Weaverville NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Stars and Stripes 2C LLC Adam Mitchell Address: 1123 Zonolite Road NE Suite 30 Atlanta, GA 30306 Telephone Number: 423-280-9259 E-mail: adam(&stbourke.com Size (acres) 9_5 Nearest Town Woodfm Nearest Waterway Reems Creek River Basin French Broad -Holston USGS HUC 06010105 Coordinates Latitude: 35.666307 Longitude:-82.588698 Location description: The site is located on Walnut Sorinas Drive, near Woodfm NC. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. ❑ There appear to be waters, including wetlands on the above described project area/property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ® There are waters, including wetlandson the above described project area/property subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ We recommend you have the waters, including wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. ❑X The waters, including wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 6/10/2020 (Figure 5). We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the 2006-30511 Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The waters, including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below onDATE. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. ❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Amanda Jones at 828-271-7980 ext. 4225 or amanda.i ones(a)us ace.armv.mil. C. Basis for Determination: See the approved iurisdictional determination form dated 06/10/2020 D. Remarks: Jurisdictional boundaries/extents are depicted on the attached Figure 5. 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: Phillip Shannin, Review Officer 60 Forsyth Street SW, Room 10M15 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 08/09/2020. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Digitally signed by FUEMMELER.AMAND FUEMMELER.AMANDA.JONES.12 A.JONES.1242835090 42835090 Date: 2020.06.10 15:02:42-04'00' Date of JD: 06/10/2020 Expiration Date of JD: 6/10/2025 2006-30511 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 the Customer Satisfaction Survey located at http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0 Copy furnished: C1earWater Environmental Consultants, LLC / Attn: Clement Riddle (via email) Springs of North Asheville (+/- 9.5 AC) Juris(Ilctional Waters of the M Jurisidictional Jurisdicitonal Jurisidcitonal Waters of the US Wetland (AC) Stream (LF) Impoundment (AC) Perennial RPW W1 0.234 S1 83.4 OW 0.424 S1 -83.4 LF a W 2 0.003 S2 791.4 W3 0.224 S3 56.3 Waters of the US � W4 0.002 S4 21.4 Impoundment W5 0.069 OW1 - 0.424 AC I W6 0.232 W7 0.010 Total 0.471 Total 952.5 Total 0.424 Waters of the US Wetland -Abutting ' W1 - 0.234 AC Permitted ES&C Diversion Ditch to Sediment Basin . 4�9 See Figure EC1-1 Waters of the US 1 Wetland -Abutting 1 W3 - 0.224 AC Waters of the US Perennial RPW 4ai S2 - 791.4 LF 72'Z t/ r� Delineation Area Data Form Contour - 4' Jurisdictional Streams Jurisdictional Culverted Streams Jurisdictional Linear Wetlands Non -Jurisdictional Diversion Ditch -Jurisdictional Wetlands Non -Jurisdictional Stormwater Wetland Jurisdicitonal Impoundment Drawn by: TJK 5.26.2020; CEC Project# 396 Buncombe County, North Carolina OW1 DP-W1 * W1 W3 I I � Y S2 j Waters of the US / Perennial RPW S4-21.4LF � %. W5 \ ! DP-UPL S4 Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been surveyed. Although Clearwater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Buncombe County GIS - Parcel Data; NC OneMap - LiDAR Waters of the US Wetland -Abutting W2 - 0.003 AC /-I Delineation Area Waters of the US Perennial RPW S3 - 56.3 LF Waters of the US Wetland -Adjacent W4-0.002AC W6 I I Waters of the US Wetland -Abutting / I W5 - 0.069 AC i 1 I Waters of the US i Wetland -Adjacent i W7 , W6 - 0.232 AC i i Waters of the US �. Wetland -Adjacent `-----� W7 - 0.010 AC IOLearWater 32 Clayton Street Asheville, North Carolina 28801 rr- 125 250 500 Feet Delineation Ma June 10, 2020 Figure 5 PCN Appendix B: Nationwide Permit 39 (2006) U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 200630511 County: Buncombe USGS Quad: Weaverville GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Property Owner / Authorized Agent: Riverwood Real Estate Development Company, Attn: Eric Zetterhohn Address: PO Box 19630 Asheville, NC 28815 Telephone No.: 828-254-8005 Size and location of property (water body, road name/number, town, etc.): unnamed tributaries to Wagner Branch flowing through an approximate 32 acre tract located off of Old Marshall Highway in Weaverville, Buncombe County, NC Description of projects area and activity: to install 142 linear feet of culverts in unnamed tributaries to Wagner Branch to provide road access within the Springs of North Asheville Subdivision Additional impacts include the filling of 0.04 acre of wetlands and 0.005 acre of jurisdictional pond for roadways and building pads. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: Nationwide Permit Number: 39 Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached Nationwide conditions, those outlined in the attached March 5, 2006 NC Wildlife Resources Commission letter, and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action. This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are scheduled to be modified, reissued, or revoked prior to March 18, 2007. It is incumbent upon you to remain informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you commence or are under contract to commence this activity before the date that the relevant nationwide permit is modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP to complete the activity under the present terms and conditions of this nationwide permit. If prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified b-elo v provided i complies with all new and/or modified terms and conditions. The District Engineer may, at any time, exercise his discretionary authority to modify, suspend, or revoke a case specific activity's authorization under and NWP. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Quality (telephone (919) 733-1786) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact David Baker at 828-271-7980 x231. Corps Regulatory Official David Baker Date: April 3, 2006 Expiration Date of Verification: March 18, 2007 DATE 1l14/06 REYISIpNS, E)ESICNED BY: PRAWN 0Y: RM CHECKED BY. MAK p.c BY, HA SCALE: FIIOJECTk 6004070 SHEET NUMEERe Wi-I w�(y�A 1 A01: ��?A p !r'iA, kll CA 1`- j�fll , "g� a \ due �3e►`1r`.` 1�.�/`!/.--� `any � 11� We •9hY.�'A�a�'� :r+:� 4�7�_ar4�. �efl.�A� � r$t�'f_"=�i. p�InL' s<V���:.�S1RI1��+ 11� '%�}�i� '.►�, j�Z/".;� `��xl►4 0 �,A 20sy��App���`s 't .� 13`✓� � fr'ts6i fir - yfyih l'fy�sl�G 11 �' jj]j! ads r ��1i1k4i�y R... R.w Pu m Fa r46 oae W SPRINGS OF NORTH ASHEVILLE WATERS IMPACT ANALYSIS MAP SPRINGS OF NORTH ASHEVILLE, LLC BUNCOMBE COLINTY. NC NCGS Monumert157x1t N=719983,475 fl E=935906.833 R oowz11e.Ta Com6ksod F3rld Fednr=Q.9B97fl99 ITV II4e': t ,•y� Ww ��; i�I z• gI11.Nuiu I � 1 ,YHM N 11M / �- :1w 1• ruvai _ Ns:bl Grove Arode 9uldirj P+=e Arenue, Sul:e 21] .��"•T �•Oc � ' ` � ApheMIle,NC 16601 V: 8I3.I91.1447 F. t2._91.1++7 Inu,u,P"• S .rr..r.l.,ndoer7.l.:or, PCN Appendix C: Nationwide Permit 27 Individual Water Quality Certification (2021) From: Fuemmeler. Amanda J CIV USARMY CESAW (USA) To: Britten Yant; Clement Riddle Cc: Moore. Andrew W Subject: Statutory Approval for Springs at North Asheville NWP #27 / AID 2006-30511 Date: Tuesday, January 18, 2022 4:51:55 PM Attachments: Undated Restoration Plans Fia5.odf 2017NWP27.odf Pursuant to your request dated November 1, 2021, impacts to 0.153 acre of wetlands (which includes 0.125 acre of temporary impacts) and 0.424 acre of open water to drain an existing open water pond for a stream restoration project for the Springs at North Asheville (coordinates 35.669071-82.588529), in Woodfin, Buncombe County, INC is approved (plans attached). No written authorization (other than this email) will be provided and there are no special conditions associated with this permit. The work is authorized in accordance with the attached Nationwide Permit #27 and its associated conditions which is set to expire March 18, 2022. This authorization does not preclude/replace the need to obtain any other federal/state/local approvals that may apply. Please contact me with any questions, thanks. Amanda Jones Regulatory Specialist USACE-Asheville Regulatory Field Office 828-271-7980 ext. 4225 CONSTRUCTION PLANS DAM REMOVAL AND STREAM RESTORATION SPRINGS OF NORTH ASHEVILLE BUNCOMBE COUNTY, NORTH CAROLINA PREPARED FOR: NSR Woodfin, LLC 18825 W Catawba Ave Suite 250 Cornelius, NC 28031 CI-ICCT IAInCV 1: TITLE 2: NOTES AND LEGEND 3: PLAN AND PROFILE 4: TYPICAL SECTIONS 5-6: DETAILS SITE Z-Q- = ,; w J Q 2 — U W Lu U Z Z = CO Z Q H O m 2 O z LL 0O U O Q m �w OO wOfOrnU of F- CDZ 2 F- Z D Q Z m o a DATE: DEC. 2021 SCALE: AS SHOWN Figure 5 GENERALNOTES: 1. EXISTING 1-FOOT CONTOURS DEVELOPED FROM 2016/17 BARE EARTH LiDAR DATA OBTAINED FROM NC ONEMAP. DATUM IS NAD 83. 2. EROSION AND SEDIMENT CONTROL PRACTICES MUST BE INSTALLED, INSPECTED AND MAINTAINED IN ACCORDANCE WITH FEDERAL, STATE AND LOCAL REGULATIONS. 3. ALL EQUIPMENT MUST BE CLEANED REGULARLYAND MAINTAINED TO BE FREE OF FUEL, OIL AND LUBRICANT LEAKS. 4. FUELING SHALL BE PERFORMED AT LEAST 100 FEET FROM OPEN OR FLOWING WATER. 5. THE CONTRACTOR SHALL PROTECT SITE FEATURES BEYOND THE LIMITS OF DISTURBANCE. CONTRACTOR SHALL REPAIR ANY DAMAGE TO SITE FEATURES TO PRE -PROJECT CONDITIONS. 6. WORK SHALL BE STAGED SUCH THAT NO MORE STREAM BANK IS DISTURBED THAN CAN BE STABILIZED WITH SEED, MULCH AND MATTING AT THE END OF EACH WORKDAY. 7. DISTURBED UPLAND AREAS MUST BE STABILIZED WITH SEED AND MULCH WITHIN 7 DAYS OF REACHING FINAL GRADES. CONSTRUCTION SEQUENCE: 1. RESET TEMPORARY DEWATERING CULVERT 3 FEET LOWER THAN POND BED AND EXCAVATE SUMP UPSTREAM OF CULVERT TO PROMOTE DRAINAGE. INSTALL ROCK PIPE INLET PROTECTION (NCDEQ STD. PRACTICE 6.55) UPSTREAM OF CULVERT INLET TO TRAP SEDIMENT. ALLOW POND TO DEWATER THROUGH CULVERT. 2. EXCAVATE DAM TO DESIGN GRADES, MAINTAINING FLOW IN DEWATERING CULVERT UNTIL GRADING REACHES THE DESIGN BED ELEVATIONS. HAUL SUITABLE MATERIAL TO UPLAND DISPOSAL SITE. INSTALL SILT FENCES, WATTLES OR OTHER PRACTICES AS NEEDED TO PREVENT SOIL GENERATED DURING DAM REMOVAL FROM ENTERING THE STREAM. 3. WHEN CONDITIONS IN POND BED ALLOW, EXCAVATE STREAM CHANNEL AND FLOODPLAIN BENCHES THROUGH POND BED. LEAVE 10 FOOT PLUG OF BANK MATERIAL AT UPSTREAM END. 4. SEED, MULCH AND INSTALL EROSION CONTROL MATTING ON RESTORED CHANNEL BANKS. INSTALL IN -STREAM STRUCTURES. DEWATER RESTORED CHANNEL AS NEEDED AND DISCHARGE TURBID WATER THROUGH SILT BAG. 5. INSTALL PUMP -AROUND UPSTREAM OF CHANNEL PLUG. EXCAVATE CHANNEL THROUGH PLUG, SEED, MULCH AND MAT BANKS THROUGH PLUG. TURN FLOW TO THE RESTORED CHANNEL AND DISMANTLE PUMP -AROUND. 6. INSTALL LIVE STAKES ON BANKS AND BARE ROOT TREES AND SHRUBS IN BUFFERS DURING THE NEXT DORMANT SEASON, GENERALLY DECEMBER THROUGH MARCH. TRANSPLANT ON -SITE ALDER, WILLOW AND DOGWOOD SHRUBS AS AVAILABLE TO RESTORED BUFFER AREAS. LEGEND EXISTING PROPOSED �+oo CONTOUR (1') --------- STREAM CENTERLINE — — INDEX CONTOUR (5') — zaso— TOP OF STREAM BANK PARCELS VEGETATION PROTECTION SANITARY SEWER — E-SS — E-SS — CONSTRUCTED RIFFLE WETLAND oni a PPR CTC❑ 4! NOT IN CONTRACT TEMP. CULVERT TEMP. ROCK PIPE INLET PROTECTION =U_u% N Z-Q- = w :tip N _ ,,,,, `'�F w J Q 2 > U LU W Z Z = U) Z fr Q H O m 2 Z O � z U 0 CDLL m O �w OO wfrOrnU of F— CDZ 2 H-ZD Q Z 00 o a DATE. DEC.2021 SCALE: AS SHOWN NOTES & LEGEND I ! � Q a Q N 1_ / \ cn _ VEGETATION Impact 01 0.242 AC o a aPROTECT LLJ BEYOND GRADING LIMITS U GRADING LIMITS o WITHIN POND BED DAM TO BE REMOVED ¢ m u 9+50 9+00 •," CONFORM RESTORED' BED AND BANKS TO 10+50 __ _ _ 10+00 ; `�,,,.., v L 6x�0 EXISTING CHANNEL m T $+y0 _ ¢=� � = U zuNi - 1 +5 +00 8 - UT TO WAGNER BRANCH z �>J CONFORM RESTORE BED AND BANKS TO (N +00 N Impact W) EXISTING CHANNEL ;�`•. :. .•• "pQ " _- 6+50 m ,,,,,,,,,,P� . — 1 0.125 F Q�, ,, Im act W1 p TEMP. DEWATERING CULVER 0.028 AC ESE _ 36" SMOOTH WALL HDPE oo E-sE ESE ESE ESE ESE E-sE _ E-SE ESE TEMP. ROCK PIPE INLET PROTECTION -� ESQ 49 th u v W z_ s a z r Q W - E-SE — E-sE E-SE ESE SE rn W (j Z N J 1_ ESE E-SE 3: u) Q Z J 40' 80' E-sE w ;u S_5 - - E-SE E-sE m a W W to W 2 L z 1fi - m W c� J J Q 2 O 2130 GROUND SURFACE AT ROCK PIPE 2130 M O W Z Z DESIGN CENTERLINE INLET PROT. F- Q } POND BED p ofQ Z 2125 - _ DAM TO BE REMOVED 2125 Z � 0 J < W Q O 2120 TEMP. DEWATERING 2120 j O Z 0000 CULVERT 0 W O O _ W OrnO 2115 2115 of F- Z ZD Q m 2110 APPROX. BASE OF SEDIMENT 2110 0 DESIGN PROFILE IL DATE: DEC. 2021 -- SCALE: AS SHOWN 2105 2105 PLAN AND zloo 7+00 7+50 8+00 8+50 9+00 9+50 10+00 2100 10+50 11+00 11+50 PROFILE SHEET 3 OF 6 RIPARIAN SEED MIX -APPLIED TO STREAM BANKS AND BUFFERS Seeding Rate = 20 lb/acre Mulching: wheat or oat straw mulch applied at 2 tons/acre Common Name Scientific Name Percentage Indiangrass Sorghastrum nutans 20 Big Bluestem Andropogon gerardi 20 Virginia Wildrye Elymus virginicus 20 Soft Rush Juncus effusus 20 Beaked Panicgrass Panicum anceps 10 Fox Sedge Carex vulpincidea 1 p TEMPORARY SEED MIX Rate (lb/acre) Rate (lb/acre) Applied Application Dates Common Name Scientific Name Applied w/ Riparian Mix Separately August 15 to May 1 Rye Grain Secale cereale 120 60 May 1 to August 15 Browntop Millet Panicum ramosum 40 20 SEED MIXES AND 4 BUFFER PLANTING SEED, MATTING, LIVE STAKES, TYP BOTH BANKS 10' BENCH - ---------------- --(TYPr- - 1 2.5 (TYP) 1 10 (TYP) 1.7' 2. 0' � �3 (TYP) 2 TYPICAL SECTION 4 POOL TREE AND SHRUB PLANTING (BARE ROOT OR 1 GAL) COMMON NAME SCIENTIFIC NAME SPACING (FEET) River Birch Betula nigra 12-18 Sycamore Platanus occidentalis 12-18 Tag Alder Alnus serrulata 8-12 Ninehark Physocarpus ap.lif.lius 8-12 Witch -hazel Hamamelis virginiana 8-12 Pawpaw Asimina triloba 12-13 Bitternut Hickory I Carya cardiformis 12-18 NOTES: 1. TYPICAL SECTIONS DRAWN LOOKING DOWNSTREAM. 2. BANKS AND GRADED SLOPES SHALL BE ROUGHENED PERPENDICULAR TO SLOPE, COVERED WITH 3" LAYER OF TOPSOIL, SEEDED, MULCHED AND MATTED WITH 780 G/M' COIR FIBER MATTING. 3. BANKS SHALL BE LIVE STAKED AT 3' O.C. DURING THE DORMANT SEASON FOLLOWING GRADING. 4. PLANT TREES AND SHRUBS ON BENCHES AND ADJACENT FLOODPLAIN AREAS DURING THE DORMANT SEASON. SEE TABLES ABOVE FOR SPECIES AND SPACING. 5. NURSERY STOCK MAY BE SUBSTITUTED WITH ON -SITE ALDER, DOGWOOD AND WILLOW TRANSPLANTS. CREST OF DAM - ----- ---- EL_2123.0'+/,- -------------------- -- pl SEED, MATTING, LIVE STAK S, P(� TYP BOTH BANKSM1 1.0' 10' BENCH 2.5 (TYP) (TYP) J '1 3 (TYP) 10 (TYP) LEGEND EXISTING 3 TYPICAL SECTION PROPOSED 4 RIFFLE THROUGH DAM -U_N N Z-Q- = 111 0 0 o v uU wz r yzaa,rtt m � 2 J 3U) 2 W LU N M U z W J Q 2 — U LU U W Z Z = Z Q of U H O m 2 Z O Of z 0O U O Q LU LU O O wOfOrnU Ir �CDZ 2 F Z ::) Q Z 00 o a W DATE: DEC.2021 SCALE: AS SHOWN TYPICAL SECTIONS; PLANTING SPECS SHEET 4 OF 6 OO o 12" LAYER 57 STONE, REMOVE ACCUMLATED < SEDIMENT AFTER EACH RAIN EVENT MIX OF CLASS 1 RIPRAP Ink AND ON -SITE COBBLE MIX CLASS 1 STONE WITH ON -SITE GRAVEL AND COBBLE SEE PLAN J 18" MIN. A A' SCARIFY SUBGRADE 1(TYP) PRIOR TO STONE PLACEMENT SECTION A -A' PLAN 1 CONSTRUCTED RIFFLE 5 _j NTS MIN. 2 NODES ABOVE GRADE TOP CUT AT 15' AFTER SIN DIAMOND PATTERN INSTALLATION HARD SOIL OR STONE MAY III BE PRESENT SEE NOTE 1 =III=11I 2' TO FIRST ROW �I-I1I -1l-1 —� n BASEFLOW W.S. 18" MIN. LIVE STAKE I �=11IEI 111 III I Ia I l I= I I —{ I-- 1/2" TO 2" 3 NODES MIN. J --BASE CUT LIVE STAKING �/ AT45DEG. 2 5 NTS LIVE STAKE DETAIL LIVE STAKE NOTES. 1. FORM PILOT HOLE THROUGH HARD SOIL OR STONE TO PREVENT DAMAGE TO STAKE. 2. LIVE STAKE MIX TO INCLUDE AT LEAST TWO OF THE FOLLOWING SPECIES: SILKY DOGWOOD, SILKY WILLOW, ELDERBERRY, NINEBARK, BUTTONBUSH. 3. LIVE STAKING SHALL BE DONE DURING THE DORMANT SEASON. DAM CLASS B RIPRAP 2.5' /__ i— I / 2.0' /DEWATERING PIPE 10.5' -------------------------- EXCAVATE SUMP SUMP UPSTREAM OF PIPE INLET SECTION THROUGH DAM 3 ROCK PIPE INLET PROTECTION 5 NTS ki T�OEF BANK TOBANK (T ELEV. AT TIE -IN APPROX. 1' HIGHER THAN INVERT ELEV. STONE NOT SF FOR CL OR 4' INTO BANK EADER ` EXCAVATED O SCOUR POOL G I I I `O 4 BOULDER STEP 5 IN NOT 1. OULDERS SHALL BE DURABLE STONE, MIN. 2'X3'X3' AND RELATIVELY FI DIMENSIONS AND NUMBER OF BOULDERS MAY BE ADJUSTED BASED ON FIELD CONDITIONS. a to o Z a O co a LiJ U of Lu 0 -U_NN � Z-Q- = ll% W c� J Q 2 J U Lu U W Z Z = U) Z Q cl) H 0000 2 O � z U O Q Z 00 �w OO UJfrOU)U ir �CDZ 2 F Z ::) Q Zm o a DATE: DEC. 2021 SCALE: AS SHOWN DETAILS SHEET 5 OF 6 a NON -WOVEN SILT SILT BAG to Z 10' MIN. FROM STREAM O MATTING PLACED FLUSH WITH BANK COBBL PAD OR a � > TOP OF BANK SURFACE, LAP OVER DOWN STREAM / WOODEN PALET L W of DOWN SLOPE SEAMS m V MIN. OUTLET SHALL BE WELL SILT BAG Lu ¢ m L' VEGETATED OR STABILIZED WITH 12" WOOD STAKE PLACED IN CLASS A STONE AS NEEDED TO 3' O.C. DIAMOND PATTERN PREVENT EROSION DEWATERING PUMP SILT BAG ON STONE PAD, O� "" """- �1 MATTING ANCHORED 1' ``"\`i\ ` AS NEEDED SEE DETAIL ABOVE; USE , `gip ,,,,,,,•, " MATTING SHALL BE \` \>�\>\/ / / /\ \/ \ BELOW STREAM BED \��\/ ONLY IF DISCHARGE IS COFFER DAM; = v = p O 780 G/M' COIR / /\`j %/ TURBID SAND BAGS W/ PLASTIC / \ co u> 7 Z REMOVE ALL DEBRIS, SHEETING PROTECT EXIST. U N N SCARIFY SURFACE, PLACE ���^\^\n\ TOPSOIL AND SEED/MULCH BANKVEGETATION," FORADD'L FILTER .,,„.....•'pe P� BEFORE PLACING MATTING O4•", 1 EROSION CONTROL MATTING 6 NTS E CD 0 �WORKAREA' TOE OF BANK (TYP) Lu Z U wz rn Q Y z z � 8' MAX. m STEEL T-POST TOP OF BANK (TYP) ¢ i a U) STEEL T-POST FILTER FABRIC w w Lu 2 0 v WITH WIRE BACKING �\ z 18" MIN. MMM DISCHARGE TO COMPACTED BACKFILL CREEK DIVERSION PUMP VARIES STABLE STREAM W SIZED FOR BASE BED AREA RUNOFF — SIDE FLOW + 30 FILTER FABRIC WITH 'NOTE: Q 2 — U WIRE BACKING I I III= WORK AREA SHALL BE STABILIZED BY Lu z W Z _I _III PROFILE THE END OF EACH WORK DAY. F- Q = } 24" MIN. HDPE SHEETING HELD Z 0' Q Z 0 O pp = � 4" NOTES: N PLACE ON TOP Z H Q Q of O 1. SILT FENCE SHALL BE PLACED ON STREAM SIDE WITH SAND BAGS FLOW TOP OF BANK BANK TO BANK W _j Of Z U U OF ALL STOCKPILES. SECTION Q O (D Z W 2. SILT FENCE SHALL BE REMOVED UPON O U Q W � COMPLETION OF EARTHWORK. MAX DEPTH -1' STREAM BOTTOM MAX DEPTH W LU O U O 3. WIRE BACKING SHALL BE 14 GAUGE WITH MAXIMUM MESH SPACING OF 6". 4. IMMEDIATELY REPLACE DAMAGED FABRIC. PROFILE SECTION 2 H Z ::) Q Z 00 5. REMOVE ACCUMULATED SEDIMENT BEFORE HALF COFFER DAM o a OF THE SILT FENCE CAPACITY IS REACHED. cn DATE: DEC.2021 2 SILT FENCE 3 PUMP -AROUND SCHEMATIC SCALE: AS SHOWN g NTS g NTS DETAILS SHEET 6 OF 6 DocuSign Envelope ID: 07432825-487B-4A33-93C7-A44F31 ECF099 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality SENT VIA ELECTRONIC MAIL ONLY: NO HARD COPY WILL BE MAILED. January 18, 2022 NSR Woodfin, LLC Attn: Shane Seagle Email: jjones@northstatedevelopment.com DWR # 21-1609 Buncombe County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Springs of North Asheville Dear Mr. Seagle: You have our approval for the impacts listed below for the purpose described in your application dated November 3, 2021, received by the Division of Water Resources (Division) November 4, 2021, and payment received November 5, 2021, with supplemental information on November 23, 2021, December 6, 2021, and January 13, 2022. These impacts are covered by the attached Water Quality General Certification Number 4134 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 27 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands W1 0.028 (acres) 0 (acres) W2 0 (acres) 0.125 (acres) Open Waters 01 0.424 (acres) 0 (acres) D Q �� North Carolina Department of Environmental Quality I Division of Water Resources Asheville Regional Office 12090 U.S. Highway 70 1 Swannanoa, North Carolina 28778 NORTH CAROLINA oeosmmem m ��m�euwwiiry 828.296.4500 DocuSign Envelope ID: 07432825-487B-4A33-93C7-A44F31 ECF099 NSR Woodfin, LLC DWR # 21-1609 401 Certification Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Asheville Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Asheville Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. All wetlands, streams, and surface waters located within 50 feet of the construction area on the project site shall be clearly marked (example -orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506(b)(2) and 15A NCAC 02H .0507(c)] 2. The turbidity standard of 50 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. [15A NCAC 02B .0211 (21)] 3. The designer or his designee shall supervise the installation of the in -stream structures. [15A NCAC 02H .0506(b)(1) and (2)] 4. Water shall not be released into any new channels until the stream and banks are stabilized. [15A NCAC 02H .0506(b)(2) and (3)] 5. Visual monitoring of the stabilization project shall be conducted at a minimum of quarterly for the first year or two bankfull events (whichever is longer), and then annually until the site is stable (particularly after storm events) and vegetation is successful. Any failures of structures, stream banks, or vegetation may require future repairs or replacement, which requires coordination with the Asheville Regional Office to ensure the stability and water quality of the stream and downstream waters. [15A NCAC 02H .0506(b)(1), (2) and/or (3)] This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina DocuSign Envelope ID: 07432825-487B-4A33-93C7-A44F31 ECF099 NSR Woodfin, LLC DWR # 21-1609 401 Certification Page 3 of 3 Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms maybe accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Andrew Moore at 828-296-4684 or Andrew.W.Moore@ncdenr.gov if you have any questions or concerns. Sincerely, EDocuSigned by: �� p- 7E617A38285848C... G. Landon Davidson, P.G. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ—ARO Enclosures: GC 4134 Certificate of Completion ec: Britten Yant, ClearWater Environmental Consultants Amanda Jones, USACE Asheville Regulatory Field Office Andrea Leslie, NCWRC DWR 401 & Buffer Permitting Unit file PCN Appendix D: NC Wetland Assessment Method Forms for Proposed Wetland Impact Area Mitigation Bank Availability / Acceptance Letters from RES and NCDMS ILF NC WAM FIELD ASSESSMENT RESULTS Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Springs of North Avl Ph 2 Date of Evaluation 01/24/2024 Applicant/Owner Name Wetland Site Name Wetland W1 / Impact W1 Wetland Type Headwater Forest Assessor Name/Organization ClearWater Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Wagner Branch River Basin French Broad USGS 8-Digit Catalogue Unit 06010105 County Buncombe NCDWR Region Asheville M Yes F— No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.6677837.-82.5885062 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ® Yes ❑ No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ®A Water storage capacity and duration are not altered. ®B ❑B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ®C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ®A Little or no evidence of pollutants or discharges entering the assessment area ®B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ®B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ®Yes ❑No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ®E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ®B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ❑A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ®C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ®C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ❑ B 1 to 4 ®C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent - ❑A ❑A Dense shrub layer Moderate density layer 1E ®B ®B shrub U) ❑C ❑C Shrub layer sparse or absent -0 ®A ®A Dense herb layer _ ❑B ❑B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ®A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ❑B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ®A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ❑B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes High -density residential development existing/ongoing along west side of water and entire stream valley. Grading acitivities and silt fencing abut the wetland boundary. Stormwater cuvlerts outlet directly into the wetland. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland W1 / Impact W1 Date of Assessment 01/24/2024 Wetland Type Headwater Forest Assessor Name/Organization ClearWater Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) YES Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition MEDIUM Landscape Patch Structure Condition LOW Veaetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition HIGH Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT RESULTS Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Springs of North Avl Ph 2 Date of Evaluation 01/24/2024 Applicant/Owner Name Wetland Site Name Wetland W4 / Impact W4 Wetland Type Headwater Forest Assessor Name/Organization ClearWater Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Wagner Branch River Basin French Broad USGS 8-Digit Catalogue Unit 06010105 County Buncombe NCDWR Region Asheville M Yes F— No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.6665919.-82.5883525 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ❑A ❑A Not severely altered ®B ®B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ❑B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ®C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ®A ®A Majority of wetland with depressions able to pond water > 1 deep ❑B ❑B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ❑C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ®B Evidence that maximum depth of inundation is between 1 and 2 feet ❑C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ®A ®A Little or no evidence of pollutants or discharges entering the assessment area ❑B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ®Yes ❑No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ®E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ®<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ®No 7e. Is stream or other open water sheltered or exposed? ®Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ❑E ❑E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ®H ®H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ®A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ❑C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ❑A Sediment deposition is not excessive, but at approximately natural levels. ❑B Sediment deposition is excessive, but not overwhelming the wetland. ®C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ❑I ❑I ❑I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ®K ®K ®K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ®C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ❑B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ®C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ❑B ❑B Moderate density mid-story/sapling layer ®C ®C Mid-story/sapling layer sparse or absent - ❑A ❑A Dense shrub layer Moderate density layer 1E ®B ®B shrub U) ❑C ❑C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ❑B ❑B Moderate density herb layer ®C ®C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Graded berms and roads upslope of wetland manipulate flow. Stormwater culverts outlet directly into the wetland. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland W4 / Impact W4 Date of Assessment 01/24/2024 Wetland Type Headwater Forest Assessor Name/Organization ClearWater Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) YES Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition LOW Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition MEDIUM Condition/Opportunity MEDIUM Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Veaetation Composition Condition LOW Function Ratina Summa Function Metrics Rating Hydrology Condition MEDIUM Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW NC WAM FIELD ASSESSMENT RESULTS Accompanies user Manual Version b.0 USACE AID # NCDWR# Project Name Springs of North Avl Ph 2 Date of Evaluation 01/24/2024 Applicant/Owner Name Wetland Site Name Wetland W6 / Impact W3 Wetland Type Headwater Forest Assessor Name/Organization ClearWater Level III Ecoregion Blue Ridge Mountains Nearest Named Water Body Wagner Branch River Basin French Broad USGS 8-Digit Catalogue Unit 06010105 County Buncombe NCDWR Region Asheville M Yes F— No Precipitation within 48 hrs? Latitude/Longitude (deci-degrees) 35.6655674.-82.5891123 Evidence of stressors affecting the assessment area (may not be within the assessment area) Please circle and/or make note on the last page if evidence of stressors is apparent. Consider departure from reference, if appropriate, in recent past (for instance, within 10 years). Noteworthy stressors include, but are not limited to the following. • Hydrological modifications (examples: ditches, dams, beaver dams, dikes, berms, ponds, etc.) • Surface and sub -surface discharges into the wetland (examples: discharges containing obvious pollutants, presence of nearby septic tanks, underground storage tanks (USTs), hog lagoons, etc.) • Signs of vegetation stress (examples: vegetation mortality, insect damage, disease, storm damage, salt intrusion, etc.) • Habitat/plant community alteration (examples: mowing, clear -cutting, exotics, etc.) Is the assessment area intensively managed? ❑ Yes ® No Regulatory Considerations - Were regulatory considerations evaluated? ®Yes ❑No If Yes, check all that apply to the assessment area. ❑ Anadromous fish ❑ Federally protected species or State endangered or threatened species ❑ NCDWR riparian buffer rule in effect ❑ Abuts a Primary Nursery Area (PNA) ❑ Publicly owned property ❑ N.C. Division of Coastal Management Area of Environmental Concern (AEC) (including buffer) ❑ Abuts a stream with a NCDWQ classification of SA or supplemental classifications of HQW, ORW, or Trout ❑ Designated NCNHP reference community ❑ Abuts a 303(d)-listed stream or a tributary to a 303(d)-listed stream What type of natural stream is associated with the wetland, if any? (check all that apply) ❑ Blackwater ® Brownwater ❑ Tidal (if tidal, check one of the following boxes) ❑ Lunar ❑ Wind ❑ Both Is the assessment area on a coastal island? ❑ Yes ® No Is the assessment area's surface water storage capacity or duration substantially altered by beaver? ❑ Yes ® No Does the assessment area experience overbank flooding during normal rainfall conditions? ❑ Yes ® No 1. Ground Surface Condition/Vegetation Condition —assessment area condition metric Check a box in each column. Consider alteration to the ground surface (GS) in the assessment area and vegetation structure (VS) in the assessment area. Compare to reference wetland if applicable (see User Manual). If a reference is not applicable, then rate the assessment area based on evidence an effect. GS VS ®A ®A Not severely altered ❑B ❑B Severely altered over a majority of the assessment area (ground surface alteration examples: vehicle tracks, excessive sedimentation, fire -plow lanes, skidder tracks, bedding, fill, soil compaction, obvious pollutants) (vegetation structure alteration examples: mechanical disturbance, herbicides, salt intrusion [where appropriate], exotic species, grazing, less diversity [if appropriate], hydrologic alteration) Surface and Sub -Surface Storage Capacity and Duration — assessment area condition metric Check a box in each column. Consider surface storage capacity and duration (Surf) and sub -surface storage capacity and duration (Sub). Consider both increase and decrease in hydrology. A ditch <_ 1 foot deep is considered to affect surface water only, while a ditch > 1 foot deep is expected to affect both surface and sub -surface water. Consider tidal flooding regime, if applicable. Surf Sub ❑A ❑A Water storage capacity and duration are not altered. ®B ®B Water storage capacity or duration are altered, but not substantially (typically, not sufficient to change vegetation). ❑C ❑C Water storage capacity or duration are substantially altered (typically, alteration sufficient to result in vegetation change) (examples: draining, flooding, soil compaction, filling, excessive sedimentation, underground utility lines). Water Storage/Surface Relief — assessment area/wetland type condition metric (skip for all marshes) Check a box in each column. Select the appropriate storage for the assessment area (AA) and the wetland type (WT). AA WT 3a. ❑A ❑A Majority of wetland with depressions able to pond water > 1 deep ❑B ®B Majority of wetland with depressions able to pond water 6 inches to 1 foot deep ®C ❑C Majority of wetland with depressions able to pond water 3 to 6 inches deep ❑D ❑D Depressions able to pond water < 3 inches deep 3b. ❑A Evidence that maximum depth of inundation is greater than 2 feet ❑B Evidence that maximum depth of inundation is between 1 and 2 feet ®C Evidence that maximum depth of inundation is less than 1 foot 4. Soil Texture/Structure — assessment area condition metric (skip for all marshes) Check a box from each of the three soil property groups below. Dig soil profile in the dominant assessment area landscape feature. Make soil observations within the top 12 inches. Use most recent National Technical Committee for Hydric Soils guidance for regional indicators. 4a. ❑A Sandy soil ®B Loamy or clayey soils exhibiting redoximorphic features (concentrations, depletions, or rhizospheres) ❑C Loamy or clayey soils not exhibiting redoximorphic features ❑D Loamy or clayey gleyed soil ❑E Histosol or histic epipedon 4b. ®A Soil ribbon < 1 inch ❑B Soil ribbon >_ 1 inch 4c. ®A No peat or muck presence ❑B A peat or muck presence 5. Discharge into Wetland — opportunity metric Check a box in each column. Consider surface pollutants or discharges (Surf) and sub -surface pollutants or discharges (Sub). Examples of sub -surface discharges include presence of nearby septic tank, underground storage tank (UST), etc. Surf Sub ❑A ®A Little or no evidence of pollutants or discharges entering the assessment area ®B ❑B Noticeable evidence of pollutants or discharges entering the wetland and stressing, but not overwhelming the treatment capacity of the assessment area ❑C ❑C Noticeable evidence of pollutants or discharges (pathogen, particulate, or soluble) entering the assessment area and potentially overwhelming the treatment capacity of the wetland (water discoloration, dead vegetation, excessive sedimentation, odor) 6. Land Use — opportunity metric (skip for non -riparian wetlands) Check all that apply (at least one box in each column). Evaluation involves a GIS effort with field adjustment. Consider sources draining to assessment area within entire upstream watershed (WS), within 5 miles and within the watershed draining to the assessment area (5M), and within 2 miles and within the watershed draining to the assessment area (2M). WS 5M 2M ®A ®A ®A > 10% impervious surfaces ❑B ❑B ❑B Confined animal operations (or other local, concentrated source of pollutants ❑C ❑C ❑C >_ 20% coverage of pasture ❑D ❑D ❑D >_ 20% coverage of agricultural land (regularly plowed land) ❑E ❑E ❑E >_ 20% coverage of maintained grass/herb ❑F ❑F ❑F >_ 20% coverage of clear-cut land ❑G ❑G ❑G Little or no opportunity to improve water quality. Lack of opportunity may result from little or no disturbance in the watershed or hydrologic alterations that prevent drainage and/or overbank flow from affecting the assessment area. 7. Wetland Acting as Vegetated Buffer —assessment area/wetland complex condition metric (skip for non -riparian wetlands) 7a. Is assessment area within 50 feet of a tributary or other open water? ❑Yes ®No If Yes, continue to 7b. If No, skip to Metric 8. Wetland buffer need only be present on one side of the water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed. 7b. How much of the first 50 feet from the bank is wetland? (Wetland buffer need only be present on one side of the .water body. Make buffer judgment based on the average width of wetland. Record a note if a portion of the buffer has been removed or disturbed.) ❑A >_ 50 feet ❑B From 30 to < 50 feet ❑C From 15 to < 30 feet ❑D From 5 to < 15 feet ❑E < 5 feet or buffer bypassed by ditches 7c. Tributary width. If the tributary is anastomosed, combine widths of channels/braids for a total width. ❑<_ 15-feet wide ❑> 15-feet wide ❑ Other open water (no tributary present) 7d. Do roots of assessment area vegetation extend into the bank of the tributary/open water? ❑Yes ❑No 7e. Is stream or other open water sheltered or exposed? ❑Sheltered — adjacent open water with width < 2500 feet and no regular boat traffic. ❑Exposed — adjacent open water with width >_ 2500 feet or regular boat traffic. 8. Wetland Width at the Assessment Area — wetland type/wetland complex condition metric (evaluate WT for all marshes and Estuarine Woody Wetland only; evaluate WC for Bottomland Hardwood Forest, Headwater Forest, and Riverine Swamp Forest only) Check a box in each column for riverine wetlands only. Select the average width for the wetland type at the assessment area (WT) and the wetland complex at the assessment area (WC). See User Manual for WT and WC boundaries. WT WC ❑A ❑A >_ 100 feet ❑B ❑B From 80 to < 100 feet ❑C ❑C From 50 to < 80 feet ❑D ❑D From 40 to < 50 feet ®E ®E From 30 to < 40 feet ❑F ❑F From 15 to < 30 feet ❑G ❑G From 5 to < 15 feet ❑H ❑H < 5 feet 9. Inundation Duration — assessment area condition metric (skip for non -riparian wetlands) Answer for assessment area dominant landform. ❑A Evidence of short -duration inundation (< 7 consecutive days) ❑B Evidence of saturation, without evidence of inundation ®C Evidence of long -duration inundation or very long -duration inundation (7 to 30 consecutive days or more) 10. Indicators of Deposition — assessment area condition metric (skip for non -riparian wetlands and all marshes) Consider recent deposition only (no plant growth since deposition). ❑A Sediment deposition is not excessive, but at approximately natural levels. ®B Sediment deposition is excessive, but not overwhelming the wetland. ❑C Sediment deposition is excessive and is overwhelming the wetland. 11. Wetland Size — wetland type/wetland complex condition metric Check a box in each column. Involves a GIS effort with field adjustment. This metric evaluates three aspects of the wetland area: the size of the wetland type (WT), the size of the wetland complex (WC), and the size of the forested wetland (FW) (if applicable, see User Manual). See the User Manual for boundaries of these evaluation areas. If assessment area is clear-cut, select "K" for the FW column. WT WC FW (if applicable) ❑A ❑A ❑A >_ 500 acres ❑B ❑B ❑B From 100 to < 500 acres ❑C ❑C ❑C From 50 to < 100 acres ❑D ❑D ❑D From 25 to < 50 acres ❑E ❑E ❑E From 10 to < 25 acres ❑F ❑F ❑F From 5 to < 10 acres ❑G ❑G ❑G From 1 to < 5 acres ❑H ❑H ❑H From 0.5 to < 1 acre ®I ®I ®I From 0.1 to < 0.5 acre ❑J ❑J ❑J From 0.01 to < 0.1 acre ❑K ❑K ❑K < 0.01 acre or assessment area is clear-cut 12. Wetland Intactness — wetland type condition metric (evaluate for Pocosins only) ❑A Pocosin is the full extent (>_ 90%) of its natural landscape size. ❑B Pocosin type is < 90% of the full extent of its natural landscape size. 13. Connectivity to Other Natural Areas — landscape condition metric 13a. Check appropriate box(es) (a box may be checked in each column). Involves a GIS effort with field adjustment. This metric evaluates whether the wetland is well connected (Well) and/or loosely connected (Loosely) to the landscape patch, the contiguous naturally vegetated area and open water (if appropriate). Boundaries are formed by four -lane roads, regularly maintained utility line corridors the width of a four -lane road or wider, urban landscapes, maintained fields (pasture and agriculture), or open water > 300 feet wide. Well Loosely ❑A ❑A >_ 500 acres ❑B ❑B From 100 to < 500 acres ❑C ®C From 50 to < 100 acres ❑D ❑D From 10 to < 50 acres ❑E ❑E < 10 acres ❑F ❑F Wetland type has a poor or no connection to other natural habitats 13b. Evaluate for marshes only. ❑Yes ❑No Wetland type has a surface hydrology connection to open waters/stream or tidal wetlands. 14. Edge Effect — wetland type condition metric (skip for all marshes and Estuarine Woody Wetland) May involve a GIS effort with field adjustment. Estimate distance from wetland type boundary to artificial edges. Artificial edges include non -forested areas >_ 40 feet wide such as fields, development, roads, regularly maintained utility line corridors, and clear -cuts. Consider the eight main points of the compass. Artificial edge occurs within 150 feet in how many directions? If the assessment area is clear cut, select option "C." ❑A 0 ®B 1 to 4 ❑C 5to8 15. Vegetative Composition — assessment area condition metric (skip for all marshes and Pine Flat) ❑A Vegetation is close to reference condition in species present and their proportions. Lower strata composed of appropriate species, with exotic plants absent or sparse within the assessment area. ®B Vegetation is different from reference condition in species diversity or proportions, but still largely composed of native species characteristic of the wetland type. This may include communities of weedy native species that develop after clearcutting or clearing. It also includes communities with exotics present, but not dominant, over a large portion of the expected strata. ❑C Vegetation severely altered from reference in composition, or expected species are unnaturally absent (planted stands of non - characteristic species or at least one stratum inappropriately composed of a single species), or exotic species are dominant in at least one stratum. 16. Vegetative Diversity — assessment area condition metric (evaluate for Non -tidal Freshwater Marsh only) ❑A Vegetation diversity is high and is composed primarily of native species (< 10% cover of exotics). ❑B Vegetation diversity is low or has > 10% to 50% cover of exotics. ❑C Vegetation is dominated by exotic species (> 50 % cover of exotics). 17. Vegetative Structure — assessment area/wetland type condition metric 17a. Is vegetation present? ®Yes ❑No If Yes, continue to 17b. If No, skip to Metric 18. 17b. Evaluate percent coverage of assessment area vegetation for all marshes only. Skip to 17c for non -marsh wetlands. ❑A >_ 25% coverage of vegetation ❑B < 25% coverage of vegetation 17c. Check a box in each column for each stratum. Evaluate this portion of the metric for non -marsh wetlands. Consider structure in airspace above the assessment area (AA) and the wetland type (WT) separately. TAA WT o ❑A ❑A Canopy closed, or nearly closed, with natural gaps associated with natural processes m ®B ®B Canopy present, but opened more than natural gaps U ❑C ❑C Canopy sparse or absent T o ❑A ❑A Dense mid-story/sapling layer ®B ®B Moderate density mid-story/sapling layer ❑C ❑C Mid-story/sapling layer sparse or absent - ❑A ❑A Dense shrub layer Moderate density layer 1E ❑B ❑B shrub U) ®C ®C Shrub layer sparse or absent -0 ❑A ❑A Dense herb layer _ ®B ®B Moderate density herb layer ❑C ❑C Herb layer sparse or absent 18. Snags — wetland type condition metric (skip for all marshes) ❑A Large snags (more than one) are visible (> 12 inches DBH, or large relative to species present and landscape stability). ®B Not A 19. Diameter Class Distribution — wetland type condition metric (skip for all marshes) ❑A Majority of canopy trees have stems > 6 inches in diameter at breast height (DBH); many large trees (> 12 inches DBH) are present. ❑B Majority of canopy trees have stems between 6 and 12 inches DBH, few are > 12 inch DBH. ®C Majority of canopy trees are < 6 inches DBH or no trees. 20. Large Woody Debris — wetland type condition metric (skip for all marshes) Include both natural debris and man -placed natural debris. ❑A Large logs (more than one) are visible (> 12 inches in diameter, or large relative to species present and landscape stability). ®B Not 21. Vegetation/Open Water Dispersion — wetland type/open water condition metric (evaluate for Non -Tidal Freshwater Marsh only) Select the figure that best describes the amount of interspersion between vegetation and open water in the growing season. Patterned areas indicate vegetated areas, while solid white areas indicate open water. ❑A ❑B ❑C ❑D 22. Hydrologic Connectivity — assessment area condition metric (evaluate for riparian wetlands and Salt/Brackish Marsh only) Examples of activities that may severely alter hydrologic connectivity include intensive ditching, fill, sedimentation, channelization, diversion, man-made berms, beaver dams, and stream incision. Documentation required if evaluated as B, C, or D. ❑A Overbank and overland flow are not severely altered in the assessment area. ❑B Overbank flow is severely altered in the assessment area. ®C Overland flow is severely altered in the assessment area. ❑D Both overbank and overland flow are severely altered in the assessment area. Notes Graded berms and roads upslope of wetland on both sides manipulate flow. Some of the existing/ongoing high -density residnetial development in this site drains to the wetland. Silt fencing along housing area. Stomrwater cuvlerts empty into wetland. Wetland was formerly an agricultrual pond turned wetland but seems stable. NC WAM Wetland Rating Sheet Accompanies User Manual Version 5.0 Wetland Site Name Wetland W6 / Impact W3 Date of Assessment 01/24/2024 Wetland Type Headwater Forest Assessor Name/Organization ClearWater Notes on Field Assessment Form (Y/N) YES Presence of regulatory considerations (Y/N) NO Wetland is intensively managed (Y/N) NO Assessment area is located within 50 feet of a natural tributary or other open water (Y/N) NO Assessment area is substantially altered by beaver (Y/N) NO Assessment area experiences overbank flooding during normal rainfall conditions (Y/N) NO Assessment area is on a coastal island (Y/N) NO Sub -function Ratina Summa Function Sub -function Metrics Rating Hydrology Surface Storage and Retention Condition MEDIUM Sub -surface Storage and Retention Condition HIGH Water Quality Pathogen Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Particulate Change Condition LOW Condition/Opportunity NA Opportunity Presence (Y/N) NA Soluble Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Physical Change Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Pollution Change Condition NA Condition/Opportunity NA Opportunity Presence (Y/N) NA Habitat Physical Structure Condition LOW Landscape Patch Structure Condition LOW Veaetation Composition Condition MEDIUM Function Ratina Summa Function Metrics Rating Hydrology Condition HIGH Water Quality Condition LOW Condition/Opportunity LOW Opportunity Presence (Y/N) NO Habitat Condition LOW Overall Wetland Rating LOW fires Environmental Banc & Exchange, LLC Stream and Wetland Banks Statement of Availability January 26, 2024 Stars and Stripes LLC 1123 Zonolite Rd. Suite 30 Atlanta, GA 30306 Re Project: Springs of North Asheville Phase 2 This document confirms that Stars and Stripes LLC (Applicant) for the Springs of North Asheville Phase 2 (Project) has expressed an interest to utilize 0.205 Riparian Wetland Mitigation Credits from the Environmental Banc & Exchange sponsored RES French Broad 05 Stream Umbrella Mitigation Bank, specifically 0.058 credits from the Shiitake Ridge Site and 0.147 credits from the Puncheon Fork Site in the French Broad HUC 06010105. As the official Bank Sponsor, Environmental Banc & Exchange, LLC, attests to the fact that mitigation is available for reservation at this time. These mitigation credits are not considered secured, and consequently are eligible to be used for alternate purposes by the Bank Sponsor, until payment in full is received from the Applicant resulting in the issuance of a Mitigation Credit Transfer Certificate by the bank acknowledging that the Applicant has fully secured credits from the bank and the Banker has accepted full responsibility for the mitigation obligation requiring the credits/units. The Banker will issue the Mitigation Credit Transfer Certificate within three (3) days of receipt of the purchase price. Banker shall provide to Applicant a copy of the Mitigation Credit Transfer Certificate and a documented copy of the debit of credits from the Bank Official Credit Ledger(s), indicating the permit number and the resource type secured by the applicant. A copy of the Mitigation Credit Transfer Certificate, with an updated Official Credit Ledger will also be sent to regulatory agencies showing the proper documentation. If you have any questions, please contact me at 919-209-1055, astaley@res.us, or nccreditsales@res.us. Best Regards, Amy Staley Credit Sales Manager cc: Mitchell Anderson, U.S. Army Corps of Engineers cc: Andrew Moore, NCDWR cc: Tyson Kurtz, EnviroScience ROY COOPER Governor ELIZABETH S. BISER Secretary MARC RECKTENWALD Director Dan Mason NSR Woodfin & Stars and Stripes 2C 1123 Zonolite Rd. Suite 30 Atlanta, GA 30306 Project: Springs of N. Asheville NORTH CAROLINA Environmental Quality January 29, 2024 Expiration of Acceptance: 7/29/2024 County: Buncombe The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation in the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the applicable 404 Permit/401 Certification/Buffer Approval within this time frame, this acceptance will expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the impacts for which you are requesting compensatory mitigation credit are summarized in the following table. The amount of mitigation required and assigned to DMS for this impact is determined by permitting agencies and may exceed the impact amounts shown below. River Basin Impact Location (8-digit HLIC) Impact Type Impact Quantity French Broad 06010105 Riparian Wetland 0.052 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed in accordance with the In -Lieu Fee Program instrument dated July 28, 2010. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly.WiIliams@deq.nc.gov. Sincerely, Kelly B. Williams In -Lieu Fee Program Coordinator cc: Tyson Kurtz, agent North Carolina Department of Environmental Quality I Division of Mitigation Services hf E2TH CRR[]I IkA �JJ� 217 West Jones Street 1 1652 Mail Service Center I Raleigh, North Carolina 27699-1652 t 919,707,8976 PCN Appendix E: Photolog r l7`atef8�Time Wed$�Jan 24 2024, OB 58 02 EST li Position +035 668946 �1 082.588450+1 b.8ft �i I Altitude,.2132ft f+34 Daturri: WG5 84 f 11 ^ ; { ¢imuthlBearing.1002° NO2E 0036mi1s Tryue i+20 }' uati.r, Angle, 09.9° 1 ie Angie: +d.1.51 U fJate & Time Wed Jan 24 2024,'09 04.53'EST : Postion. +D35 b682;1:2:° I �82 5B86b5 I-77,9ft1 r Altitude, 2157ft I+48,3R.1 Daum: WGS 84. Azimuth/Bearing '1�6'6° S14E 2951miIs True L+14`'1 'Elevation Angle. 06.9.;°, Horizon Angle: 00.7", 'Zvprri:l;OX - 1 bottom of w3 i 471. IN f e •Y �a�ate Mask P's.-tLOn+035 6d78t36 1 082 588549 5a8R)'xi r t 01 M11 Altitudes421?5ft�+41.5f1�afi -¢ t Mdttu�m WG5 84 ti� �h•'y^n tk 4 i F 1 *92-irnuth9Bearing 145' 535E 2578mits True Leevax tion Angle0 6 ' N"orizon'Angle +00,5°, s': w3impaej4a'_04fadn.gn r, =Ar I fiy.. y h ., q Photo 5. Entire reach of Stream S5 at Impact Area S4. Facing north from Wetland W6. e �� � `,'"b. � F 4 �, •� ' rr fry : / s � ~ h f � _ i. � ':.. s i 1. � � a Ei. 4 r.: i• . pm s Vr4 II a Photo 6. View of Wetland W6 at northern/widest extent of Impact Area W3. Photo 7. View of Wetland W6 near southern extent of Impact Area W3. Silt fencing present Photo 8. View of Wetland W4 at Impact Area W4. Linear wetland is perpendicular to culvert. PCN Appendix F: Threatened and Endangered Species Review and Habitat Assessment Report for +/- 21-acre Study Area Springs of North Asheville Phase 2 Approximately 19 Acres Buncombe County, NC Threatened and Endangered Species Review and Habitat Assessment Prepared For Stars and Stripes 2C, LLC 1031 Marietta Street NW Atlanta, GA 30318 Prepared By CLearWaLer An EnviroScience Company -10 145 7t" Avenue W Suite B Hendersonville, NC 28792 January 25, 2024 Table of Contents 1.0 INTRODUCTION...................................................................................................2 2.0 METHODOLOGY..................................................................................................2 3.0 HABITAT CLASSIFICATION.................................................................................3 3.1 Stream................................................................................................................3 3.2 Mesic Mixed -Hardwood Forest...........................................................................3 3.3 Pine Scrub Forest...............................................................................................4 3.4 Headwater Wetland............................................................................................4 3.5 Soils...................................................................................................................4 4.0 PROTECTED SPECIES........................................................................................5 4.1 Bog Turtle...........................................................................................................5 4.2 Gray Bat.............................................................................................................6 4.3 Mountain Sweet Pitcher Plant.............................................................................6 4.4 Northern Long-eared Bat....................................................................................7 4.5 Rock Gnome Lichen...........................................................................................7 4.6 Tricolored Bat.....................................................................................................8 5.0 CONCLUSION AND RECOMMENDATIONS.........................................................9 List of Tables Table 1: US Fish and Wildlife Service IPaC - Official Species List. Table 2: USDA Soil Units occurring within the project boundary. List of Figures Figure 1: Site Vicinity Map Figure 2: USGS Topographic Map Figure 3: Aerial Imagery Map Figure 4: Habitat Map Figure 5: NRCS Soils Map Appendices Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC Natural Heritage Program Data Appendix B: Photolog ClearWater Environmental Consultants, an EnviroScience Company Page 1 Project #18650 Springs of North Asheville Ph 2 1.0 INTRODUCTION The following report includes methods used and results for a threatened and endangered species survey and habitat assessment for the proposed approximately 19-acre project known as Springs of North Asheville Phase 2. The study area occupies a mostly forested tract along the north side of Old Marshall Highway in Woodfin, North Carolina. A residential development is proposed on this site. The tract is in Buncombe County, North Carolina (Figure 1). The site ranges in elevation from 2,116 feet to 2,336 feet above mean sea level (MSL) (Figure 2). The threatened and endangered species survey was conducted to determine the occurrence of or the potential for existence of federally listed threatened and endangered animal and plant species within the study area (Figure 3). Completion of this survey was directed by and complies with three current state and federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543), the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-22). 2.0 METHODOLOGY The protected species surveys and habitat assessment was conducted on January 24, 2024, on the approximately 19-acre project by ClearWater Environmental Consultants, an EnviroScience Company (ClearWater) to determine the potential for occurrences of animal and plant species listed as endangered or threatened by current federal regulations. An official species list was obtained through the US Fish and Wildlife Service (FWS) Information and Planning and Consultation (IPaC) on December 19, 2023. This species list provides existing data concerning the presence or potential occurrence of threatened or endangered species in the defined project boundary (Appendix A). The FWS lists five federally threatened and endangered species, in addition to the bog turtle (threatened due to similar appearance), as occurring or potentially occurring in the project boundary. Table 1. FWS IPaC generated Official Species List for federally protected species listed as potentially occurring within the project boundary. Common Name Scientific Name Status Bog Turtle Clemmys muhlenbergii Threatened' Gray bat Myotis grisescens Endangered Mountain sweet pitcher plant Sarracenia rubra ssp. jonesii Endangered Northern long-eared bat Myotis septentrionalis Endangered Rock gnome lichen Gymnoderma lineare Endangered Tricolored bat Perimyotis subflavus Proposed Endangered ' Threatened due to similar appearance; not subject to Section 7 consultation. 2 Proposed endangered by USFWS on September 13, 2022. A database search from the NC Natural Heritage Program (NHP) dated December 19, 2023, provided existing data concerning the presence or potential occurrences of federal and state listed species within one mile of the site (Appendix A). The NHP database did not contain any element occurrences (EO) for federally threatened or endangered species within one mile of the project boundary. ClearWater Environmental Consultants, an EnviroScience Company Page 2 Project #18650 Springs of North Asheville Ph 2 During pedestrian field surveys conducted by ClearWater biologists, site habitats were identified and compared with recognized habitats for six federally protected species potentially occurring on the site. Potential flora were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. 3.0 HABITAT CLASSIFICATION During our site visit on January 24, 2024, ClearWater biologists Tyson Kurtz and Eric Romaniszyn identified four habitats: stream, mesic mixed -hardwood forest, pine scrub forest, and headwater wetland (Figure 4). A general overview of the site and descriptions of each habitat type are included below. The project site includes a central north facing valley and an early successional pine forest to the east. In the early 2000s this site was slated for high -density residential development. The site was rough graded and stormwater infrastructure was partially installed. The development was abandoned around 2007 and the site was left fallow. The western half of the housing development (outside of current project area) continued to be slowly built but the current project area has since turned into a dense pine thicket. The central valley was left uncut by the initial development activity in the early 2000s. Prior to the residential development attempt, the site was used for agriculture and several abandoned ponds have since turned into wetlands. 3.1 Stream The central stream is an unnamed tributary to Wagner Branch and originates within the project boundary. The stream ranges in width from 2-4 feet wide and has a shallow bed. Stream substrate is mostly gravel and excessive fine sediments. Several smaller tributaries lead to the central stream. These smaller streams go in and out partially installed culverts and are 1-2 feet wide with gravel and cobble substrate. The stream channel was recently restored through the open water pond shown in Figure 4 at the north end of the project site. Wetlands are reforming in remainder of the former pond area. 3.2 Mesic Mixed -Hardwood Forest The mesic mixed -hardwood forest habitat occurs along the central valley where a strip of forest remained while the rest of the site was clear cut for development. Invasive shrubs and vines have encroached on this habitat along the existing residential development side. Tulip poplar (Liriodendron tulipifera) and white pine (Pinus strobus) are the dominant species in the tree canopy. Additional tree species observed include black cherry (Prunus serotina), northern red oak (Quercus rubra), shortleaf pine (Pinus echinata), white oak (Quercus albs), sourwood (Oxydendrum arboreum), Virginia pine (Pinus virginiana), eastern sycamore (Platanus occidentalis), red maple (Acer rubrum), and ash (Fraxinus sp.). The woody understory is dense with saplings of the aforementioned tree species along with American holly (Ilex opaca), American beech (Fagus grandifolia), multiflora rose (Rosa multiflora), Chinse privet (Ligustrum sinense), flowering dogwood (Benthamidia florida), and blackberry (Rubus sp.). The herbaceous stratum is generally sparse with the density of woody species. Christmas fern (Polystichum acrostichoides) is the dominant herbaceous species. Goldenrod (Solidago sp.), rattlenske plantain orchid (Goodyera Clearwater Environmental Consultants, an EnviroScience Company Page 3 Project #18650 Springs of North Asheville Ph 2 pubescens), and Chinese silver grass (Miscanthus sinensis) were also observed. The vine layer is dense around the edges and includes oriental bittersweet (Celastrus orbiculatus), Japanese honeysuckle (Lonicera japonica), grape (Vitis sp.), roundleaf greenbrier (Smilax rotundifolia), and poison ivy (Toxicodendron radicans). 3.3 Pine Scrub Forest The eastern hillside is composed of a very dense stand of young pines ranging from 3-6 inches diameter at breast height (DBH). This area was clearcut and rough graded around 2006 for a residential development that was never installed. White pine and Virginia pine are the dominant species with sparse amounts of tulip poplar, black locust (Robinia pseudoacacia), and oaks (Quercus spp.) mixed in. The herbaceous layer was nearly absent with only stripped wintergreen (Chimaphila maculata) under the dense pines. Chinese silver grass occupied the pine scrub edges along the dirt roads that cross through this habitat. 3.4 Headwater Wetland Multiple headwater wetlands are located along the central valley of the site. These wetlands are primarily scrub -shrub vegetation with pockets dominated by emergent vegetation. All these wetlands show signs of excessive sedimentation and have numerous stormwater culverts draining into them. Young trees and mature shrubs in the wetlands average 3-5 inches DBH. The sparse tree canopy is composed of black willow (Salix nigra), tulip poplar, and pussy willow (Salix discolor). The dense shrub layer includes tag alder (Alnus serrulata), multiflora rose, spicebush (Lindera benzoin), red maple, and Chinese privet. The herbaceous layer is dense in canopy gaps and moderately dense elsewhere in this habitat. Herbaceous species observed include common rush (Juncus effusus), Japanese stiltgrass (Microstegium vimineum), multiple sedge species (Carex spp.), swamp aster (Symphyotrichum puniceum), tall ironweed (Vernonia gigantea), arrowleaf tearthumb (Persicaria sagittata), common cattail (Typha lattifolia), jewelweed (Impatiens capensis), bur -reed (Sparganium americanum), and witchgrass (Dichanthelium sp.). Japanese honeysuckle was observed scattered throughout this habitat in the vine and herbaceous layers. 3.5 Soils Soils mapped by the Natural Resources Conservation Service (NRCS) Buncombe County Soil Survey are listed in Table 2 and shown in Figure 5 (NRCS 2023). Clearwater Environmental Consultants, an EnviroScience Company Page 4 Project #18650 Springs of North Asheville Ph 2 Table 2. USDA Soil Units occurring within the project boundary. Map Unit Symbol Map Unit Name CkC2 Clifton clay loam, 8-15% slopes EvD2 Evard-Cowee complex, 15-30% slopes, moderately eroded EvE2 Evard-Cowee complex 30-50% slopes, moderately eroded ExD Evard-Cowee-Urban land complex, 15-30% slopes TaB Tate loam, basin, 2-8% slopes TaC Tate loam, 8-15% slopes W Water 4.0 PROTECTED SPECIES The following is a brief description of each federally listed species included in the survey, its recognized habitat, and comments regarding survey results for that species. 4.1 Bog Turtle The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown or black carapace may be marked with radiating light lines or a light blotch on the vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and young adult specimens, but the carapace ma be nearl smooth in old adults The head Y Y neck, and limbs are typically dark brown with variable reddish to yellow spots and streaks. A large reddish -orange to yellow blotch is visible behind and above each tympanum, sometimes merging into a continuous band on the neck. The upper jaw is weakly notched. The plastron is brown or black, but often with lighter yellow blotches towards the medial and anterior scute edges. A mature male bog turtle has a concave plastron and a long, thick tail, with the vent posterior to the rear edge of the carapace with tail extended. The female has a flat plastron and a thinner, smaller tail, with the vent at or beneath the rear carapace edge. The southern population of the bog turtle, ranging from southern Virginia to northern Georgia, is also protected with a threatened designation because its physical appearance is similar to the northern population. The southern bog turtle population is separated from the northern population by approximately 250 miles. However, individual bog turtles in the southern population closely resemble individuals in the northern bog turtle population, causing difficulty in enforcing prohibitions protecting the northern population. Therefore, the FWS has designated the southern population as "threatened (similarity of appearance)." This designation prohibits collecting individual turtles from this population and bans interstate and international commercial trade. It has no Clearwater Environmental Consultants, an EnviroScience Company Page 5 Project #18650 Springs of North Asheville Ph 2 effect on land management activities of private landowners in southern states where the bog turtle lives. Potentially suitable habitat for bog turtle was not found on site. The headwater wetland habitats lack the deep organic soils needed to support bog turtles. These wetlands also have excessive sedimentation and are too small in area for bog turtles. Lastly, the northern population of bog turtle does not occur in North Carolina. It is the opinion of ClearWater that the proposed project would have no effect on the northern bog turtle. 4.2 Gray Bat The gray bat (Myotis grisescens) is the largest member of its genus in the eastern United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It is easily distinguished from all other bats within its range by its mono -colored fur. All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following molt in July or August, gray bats are dark gray, but they often bleach to chestnut brown or russet between molts (especially apparent in reproductive females during May and June). The wing membrane connects to the foot at the ankle rather than at the base of the first toe, as in other species of Myotis. Gray bats roost in caves year-round. Most winter caves are deep and vertical; all provide large volume below the lowest entrance and act as cold air traps. A much wider variety of cave types are used during spring and fall transient periods. In summer, maternity colonies prefer caves that act as warm air traps or that provide restricted rooms or domed ceilings that are capable of trapping the combined body heat from thousands of clustered individuals. No naturally occurring suitable habitat (caves) for the gray bat was observed on this site. It is the opinion of ClearWater that this project would have no effect on this species. 4.3 Mountain Sweet Pitcher Plant Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling flowers. The hollow leaves contain liquid and enzymes. When insects fall into the pitchers, they are digested and the nutrients are incorporated into the plant's tissues. The evolutionary role of carnivory in such plants is not fully understood, but some evidence indicates that absorption of minerals from insect prey may allow carnivorous species to compete in nutrient -poor habitats. The unusual red flowers (yellow in rare cases) appear from April to June, with fruits ripening in August. Flowering plants reach heights of 29 inches. Very little specific information is available on the biology of the mountain sweet pitcher plant. Like other pitcher plants, it has rhizomes that are probably long-lived and capable of persisting and reproducing vegetatively for decades without producing seedlings. Mountain sweet pitcher plant occurs in mountain bogs. Potentially suitable habitat for the mountain sweet pitcher plant was not observed on site. No mountain bogs are present. It is the opinion of Clearwater that the proposed project would have no effect on this species. Clearwater Environmental Consultants, an EnviroScience Company Page 6 Project #18650 Springs of North Asheville Ph 2 4.4 Northern Long-eared Bat The Northern long-eared bat (NLEB) (Myotis septentrionalis), is a medium-sized bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its name suggests, this bat is distinguished by its long ears, particularly as compared to other bats in its genus, Myotis, which are actually bats noted for their small ears (Myotis means mouse -eared). The NLEB is found across much of the eastern and north central United States and all Canadian provinces from the Atlantic coast west to the southern Northwest Territories and eastern British Columbia. NLEBs spend winter hibernating in caves and mines, called hibernacula. They typically use large caves or mines with large passages and entrances; constant temperatures; and high humidity with no air currents. Summer habitat for the NLEB consists of the cavities, hollows, cracks, or loose bark of live or dead trees typically greater than three inches DBH (diameter at breast height). No naturally occurring suitable wintering habitat for the NLEB exists within the property boundary. The forested areas on site are considered a potentially suitable summer habitat for NLEB. Due to the presence of suitable summer habitat, the FWS will likely restrict tree clearing on site during the bat's active season (April 1 - October 14). Conducting a bat survey near the start of the active summer season could confirm or deny the presence of this species on site. A negative presence/absence survey result may be able to waive the tree clearing moratorium. The window for conducting presence/absence surveys is June 1 - August 15. It is the opinion of ClearWater that tree clearing conducted between October 15 and March 31 should support a may affect, not likely to adversely affect determination for this species. During U.S. Army Corps of Engineers (Corps) review of proposed wetland/stream impacts a determination will be made if the tree cutting moratorium applies to portions or all of the site. 4.5 Rock Gnome Lichen Federally listed as an endangered species, rock gnome lichen (Gymnoderma lineare) occurs on rocks in areas of high humidity either at high elevations (usually vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at lower elevations. Distinguishing characteristics include dense colonies of narrow (.04 inch) straps that are blue -grey on the upper surface and generally shiny -white on the lower surface. Near the base they grade to black (the similar species of Squamulose cladonias are never blackened toward the base). Fruiting bodies are borne at the tips of the straps and are black (similar Cladonia species have brown or red fruiting bodies). Flowering occurs July through September. Suitable habitat for this species was not observed within the project boundary. No rock outcrops are present within the project boundary and the site is too low in elevation. Rock gnome lichen habitat is typically above 5,000 feet, where Clearwater Environmental Consultants, an EnviroScience Company Page 7 Project #18650 Springs of North Asheville Ph 2 clouds or fog provide regular moisture opinion of ClearWater that the proposed gnome lichen. 4.6 Tricolored Bat required for suitable habitat. It is the project would have no effect on the rock Tricolored bat (Perimyotis subflavus) is a small -sized bat that averages 3 to 3.5 inches in length with an average wingspan of approximately 9 inches. The fur color varies from yellow to brown to black, with younger individuals generally having darker coloration. The key characteristic, as the name suggests, is their tricolored back, which is a gradient from dark near the tail, light in the middle, and dark near the head. The tricolored bat is found across the eastern half of North America. In winter months, this species hibernates in humid caves. Specifically in the southeastern US, they have also been found hibernating in road culverts and occasionally in tree cavities. In the spring, summer, and fall, when this species is not hibernating, they can be found in open forests, forest edges, and occasionally in crevices of old buildings. Their diet is composed almost exclusively of flying insects, typically foraged from open fields and waterways along forested areas. This species is currently listed as proposed endangered by the USFWS as of September 13, 2022. No formal federal management guidelines for protecting this species and its associated habitat have been released from USFWS. USFWS has 12 months after the closure of the public notice period (ended November 14, 2022) to determine the final listing status of this species. If this species becomes listed as threatened or endangered, federal management guidelines will be set in place to minimize adverse impacts. As of the date of this report, a decision on the proposed listing status for this species has not been determined by FWS. Potentially suitable summer habitat for this species was observed on site. The forested areas contain several snags and trees with loose bark. Until management guidelines from USFWS are published, it is anticipated that a tree clearing moratorium would be put into place from approximately April 1 through October 14 if the proposed endangered listing becomes effective. ClearWater recommends avoiding tree clearing in the active season for this species, April 1 - October 14, to minimize potential impacts to this species. If seasonal tree clearing is conducted in winter months, it would be the opinion of ClearWater that this project may affect but is not likely to adversely affect the tricolored bat. If this species becomes listed as endangered, then during Corps review of proposed wetland/stream impacts a determination will be made if the tree cutting moratorium applies to portions or all of the site. ClearWater Environmental Consultants, an EnviroScience Company Page 8 Project #18650 Springs of North Asheville Ph 2 5.0 CONCLUSION AND RECOMMENDATIONS During completion of threatened and endangered species habitat assessment for the Springs of North Asheville Phase 2 project site, ClearWater observed potentially suitable summer habitat for the NLEB and tricolored bat. To avoid potential impacts to NLEB, ClearWater recommends conducting tree clearing activities from October 15 - March 31. Tree clearing in the inactive season for NLEB would support a may affect, not likely to adversely affect determination for this species. During Corps of Engineers review of proposed wetland/stream impacts a determination will be made by the Corps specifically related to the tree cutting moratorium and if this moratorium applies to portions or all of the site. Any updates to the proposed listing of the tri-colored bat will also be provided if those updates occur prior to commencement of this project. It is ClearWater's opinion that the residential development of the Springs of North Asheville Phase 2 tract is not likely to adversely affect the federally protected species listed as potentially occurring on site, with the potential exception of NLEB. A bat survey was not conducted to formally confirm or deny the presence of federally protected bat species; however, conducting a bat survey in the summer active season would determine the presence of absence of federally protected bat species on site. The window for conducting presence/absence surveys is June 1 - August 15. Potential flora were identified to the taxonomic unit level necessary to determine if the observed specimen was a protected species. Because of the transitory nature of some of the listed threatened and endangered species and the particular flower/fruiting periods of some plants; it is possible that endangered species populations and locations may change over time. Therefore, any potential findings at a later date should be fully investigated and coordinated with appropriate agencies to prevent potential adverse impacts. Clearwater Environmental Consultants, an EnviroScience Company Page 9 Project #18650 Springs of North Asheville Ph 2 6.0 REFERENCES Center for Biological Diversity. 2023. Natural History: Tricolored Bat. httDS://www.bioloaicaldiversitv.ora/species/mammals/tricolored bat/natural histor y html. Accessed December 2023. Kentucky Department of Fish and Wildlife Resources. 2023. Tricolored Bat. https://fw.ky.gov/Wildlife/Pages/Tricolored- Bat.aspx#:—:text=Description%3A%20One%20of%20Kentucky's%20two,of%20ju st%20over%209%20inches. Accessed December 2023. NCNHP (North Carolina Natural Heritage Program Database). 2023. https://ncnhde.natureserve.org/; Accessed December 2023. NCWRC (North Carolina Wildlife Resources Commission). 2018. Bog Turtle Species Profile. https://www.ncwildlife.org/Portals/0/Learning/documents/Profiles/Reptile/Bog Tur tle Species Profile 2018.pdf. Accessed December 2023. NRCS (Natural Resources Conservation Service). 2023. Web Soil Survey for Buncombe County. https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed November 2023. USFWS (US Fish and Wildlife Service). 1997. Recovery Plan for Rock Gnome Lichen (Gymnoderma lineare) (Evans) Yoshimura and Sharp. Atlanta, GA. 30 pp. USFWS. 2022. Optimal Survey Windows for North Carolina's Federally Threatened, Endangered, and At Risk Plants. https://www.fws.gov/story/2022-03/north- carolinas-federally-threatened-endangered-and-risk-plant-species; Accessed December 2023. USFWS. 2023. Critical Habitat Interactive Mapper. https://www.arcgis.com/home/webmap/viewer.html?url=https://services.arcgis.co m/QVENGdaPbd4LUkLV/ArcGIS/rest/services/USFWS Critical Habitat/Feature Server&source=sd. Accessed December 2023. USFWS. 2023. Gray Bat. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/6329; Accessed December 2023. USFWS. 2023. Tricolored bat. Environmental Conservation Online System. https://ecos.fws.gov/ecp/species/10515. Accessed December 2023. USFWS Information, Planning, and Consultation System - Beta. 2023. https://ipacb.ecosphere.fws.gov/; Accessed December 2023. Clearwater Environmental Consultants, an EnviroScience Company Page 10 Project #18650 Springs of North Asheville Ph 2 Figures French Broad 251 I 251 G0/ Je OY- �4R a 011ve" �P Ry Project Boundary iIAM 11 Weaverville o o a0 Jew Oo O1% Chepel Rd I m --- Country Club of Asheville Woodfin 0F Lake 0 o. t4 di �I i d Q e 0 r.-AEG to Hillside St U 63 \Nevv Crown PlazaQSiteV ille Iepo o Resort Cedar/jill Rd Deaverypew "% LL Project Boundary '' 3 (P, 74 Vieinit Ma p Springs of N Avl Ph2 0 0.25 0.5 1 Miles N Figure 1 (+/- 19 Ac) I Buncombe County, NC. 0 0.5 1 2 Kilometers �a m Q Reems Creek o Golf Course 1OI [LearWater An Enwroscience Company g thor: TJK Date: 12524 Project#: 18650 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US 1 1 .71 oig v t 1 4411 -j4 a im Author: TJK Date: 12524 Project #: 18650 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US Author: TJK Date: 12524 Project #: 18650 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US Appendix A: US Fish and Wildlife Service IPaC (Beta) -Official Species List and NLEB Determination Key NC Natural Heritage Program Data 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: Project Code: 2024-0000669 Project Name: Springs of North Asheville Ph2 Subject: List of threatened and endangered species location or may be affected by your propg To Whom It May Concern: The enclosed species list identifies threa well as proposed and final designated cri proposed project and/or may be affected requirements of the U.S. Fish and W' Endangered Species Act (Act) of 1 , e x hSai k 4YYFJiYJft +cfln7i� i� so December 19, 2023 in your proposed project LWnpropoAsed,candidate species, as t may oe boundary of your proposed projes list fulfills the hp(Service)�er sectia7(c) of the New information based on updated s changes species, changed habitat convons, or of factors contact us if you need morSilLrent information or federally proposed, listed4JK34Q&date species habitat. Please note tha�pder 50 402.12( f t Act, the accuracy of completed formally list should be A i as desired. The icT and distribution of Es list. Please feel free to ding the potential impacts to ,nated and proposed critical implementing section 7 of the 3. This verification can be recommends that verification be completed by vi ' g-Me- JdfflWebsite at regular intervals during project planning and implementatio r rat&ro species lists and information. An updated list may be requested through IPa pleJ&g the same process used to receive the enclosed list. The purp of thRW-s to provide a means whereby threatened and endangered species and the ecosys which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the Act an its im nting 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 is required for construction projects (or other undertakings having similar physical impacts) that are major 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)). For projects other than major construction activities, the Service suggests that a biological 12/19/2023 evaluation similar to a Biological Assessment be prepared to determine whether the project may affect listed or proposed species and/or designated or proposed critical habitat. Recommended contents of a Biological Assessment are described at 50 CFR 402.12. 10 If a Federal agency determines, based on the Biological Assessment or bio gic 1 evaluation, that listed species and/or designated critical habitat may be affected by the prowsed IbLct, the agency is required to consult with the Service pursuant to 50 CFR 402,AWddition',lWe Service recommends that candidate species, proposed species and proposed Arical habi at be addressed within the consultation. More information on the regulations and pr ures for�section 7 consultation, including the role of permit or license applicants, c be e "Endangered Species Consultation Handbook" at: htt s://www.fws. ov/site fa files documents/ endan ered-species-consultation-handbook.pdf 4F e Migratory Birds: In addition to responsibilities to proteithreatened and endangered species under the Endangered Species Act (ESA), there are additional responsibilities under the Migratory Bird Treaty Act (MBTA) and the Bald and lden agle Protection Act (BGEPA) to protect native birds from project -related impacts. tentional or unintentional, resulting in take of migratory birds, including eal Is, is pr ited unless otherwise permitted by the U.S. Fish and Wildlife Service (50 C.F.R. Sec.. 10.12 16 U.S. ec. 668(a)). For more information regarding these Acts, see Mi ra Bird Permit What W oI U.S. Fish & Wildlife Service (fws.gov). The MBTA has no provision for allowin4tkfmi e ogratory birds that mNybunintentionally killed or injured by otherwise lawful activities. I the resp ity off tie project proponent to comply with these Acts by identify4ng potential impacts tognigr Ids and eagles within applicable NEPA documents (when there is a federal nexus) or ird/ agle Conservation Plan (when there is no federal nex Propone# should' ervation measures to avoid or minimize the production roject-related stressors o imize the exposure of birds and their resources to the projt d stressors. F^Ws. o tion on avian stressors and recommended conservatio mea see htt sov/librar /collections/threats-birds. In addition to MBTA and BGEPA, Executive Or 13186: Responsibilities of Federal Agencies to Protect Migratory Birds, obligates all Federal age es that engage in or authorize activities that might affec gratos, to minimize those effects and encourage conservation measures that will impr bi,Ld po ations. Executive Order 13186 provides for the protection of both migratory N ory bird habitat. For information regarding the implementation of Executiv der lease visit https://www.fws. ov/partner/council-conservation- mi rato s. We appreciate concern for threatened and endangered species. The Service encourages Federal agencies to include conservation of threatened and endangered species into their project planning to further the purposes of the Act. Please include the Consultation Code in the header of this letter with any request for consultation or correspondence about your project that you submit to our office. Attachment(s): • Official Species List 12/19/2023 3 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 i mation whether any species which is listed or proposed to be listed may be present in the a proposed action". This species list is provided by: Asheville Ecological Services Field Office 160 Zillicoa Street Asheville, NC 28801-1082 (828) 258-3939 . O. 12/19/2023 4 PROJECT SUMMARY Pro Pro Pro Pro Pro Cot lop east 12/19/2023 ENDANGERED SPECIES ACT SPECIES There is a total of 7 threatened, endangered, or candidate species on this species list. Species on this list should be considered in an effects analysis for your species that exist in another geographic area. For example, certain fish list because a project could affect downstream species. IPaC does not display listed species or critical habitats under the Fisheriesi, as USFWS does not have the authority to speak on bS Department of Commerce. See the "Critical habitats" section below for those critical within your project area under this office's jurisdiction. P� if you have questions. NOAA Fisheries, also known as the National office of the National Oceanic and Atmospteric Commerce. MAMMALS NAME "4# Gray Bat Myotis grisescens No critical habitat has been designate cies4 Species profile: htt s://ecos.fws. ov/ec /s 6329 Northern Long-eared Bat My s septentrio alis ct and could include appear on the species diet' of NOAA and the 'holly or partially designated FWS office Ties Service (NMFS), is an ation within the Department of Mk STATUS No critical habitat has been ted for this species. Species profile: htt s:Heco S. /s ecies/9045 Tricolored Bat PerimyA subflavus No critical habitat has been designated for this species. 0 Species profile: htt s:Hecos.fws.gov/ecp/species/10515 REPTILE NAME Bog Tu ptem uhlenbergii Pop do . 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 Endangered Endangered Proposed Endangered STATUS Similarity of Appearance (Threatened) 12/19/2023 INSECTS NAME Monarch Butterfly Danaus plexippus No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/9743 FLOWERING PLANTS NAME Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/4283 LICHENS NAME Rock Gnome Lichen Gymnoderma lineare No critical habitat has been designated for this species. Species profile: https:Hecos.fws.gov/ecp/species/3933 CRITICAL HABITATS THERE ARE NO CRITICAL HABITATS JURISDICTION. YOU ARE STILL REQUIRED TO ABOVE LISTED SPECIES. VAL9 STATUS 4 Candidate STATUS Endangered STATUS 0 Endangered AREAAUNDEROFFI PROJECT CE'S ?FFECTS ON ALL Roy Cooper, Governor ■MEN �°.'■ INC DEPARTMENT OF w■-r. A i■■�a NATURAL AND CULTURAL RESOURCES ■m■■ December 19, 2023 Tyson Kurtz ClearWater Environmental Consultants, INc 145 7th ave West, Suite B hendersonville, NC 28792 RE. Springs of North Asheville Ph 2; 18650 / 396 Dear Tyson Kurtz. D. Reid Wilson, Secretary Misty Buchanan Deputy Director, Natural Heritage Program NCNHDE-24372 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas within the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence, the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached `Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one -mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also included in this report. If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here: httl2s://www.fws.gov/offices/Directory/ListOffices.cfm?statecode=37. Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund easement, or Federally - listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact the NCNHP at natural.heritageLdncr.nc.gov. Sincerely, NC Natural Heritage Program DEPARTMENT OF NATURAL AND CULTURAL RESOURCES 1:1 W. JONES STREET, PALED i_ [vC 27603 - 1CS1 MAIL SERVICE CENTER. RALEiGH. NC 276" OFC !J19 707.9120 • FAX 919.707.4121 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area Springs of North Asheville Ph 2 Project No. 18650 / 396 December 19, 2023 NCNHDE-24372 Element Occurrences Documented Within a One -mile Radius of the Project Area Taxonomic EO ID Scientific Name Common Name Element Accuracy Federal State Global State Group Observation Occurrence Status Status Rank Rank Date Rank Bird 37724 Loxia curvirostra Red Crossbill 2013-06-23 E 4-Low --- Special G5 S2 Concern Dragonfly or 33442 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very --- Significantly G5 S1S2 Damselfly Low Rare Freshwater Fish11061 Polyodon spathula Paddlefish 1983 H 4-Low --- Endangered G4 SX No Natural Areas are Documented Within a One -mile Radius of the Project Area Managed Areas Documented Within a One -mile Radius of the Project Area Managed Area Name Owner Owner Type Buncombe County Open Space Buncombe County Local Government Town of Woodfin Open Space Town of Woodfin Local Government Definitions and an explanation of status designations and codes can be found at httr)s://ncnhde.natureserve.ora/heir). Data query generated on December 19, 2023; source: NCNHP, Fall (October) 2023. Please resubmit your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 r W+E S December 19, 2023 Managed Area (MAREA) 0 Buffered Project Boundary Project Boundary NCNHDE-24372: Springs of North Asheville Ph 2 oney Knob Baird ( P988 1 � 1 26 Baird Cave c` } 3 I[illian�y 028 0.55keynolds MO.4nrAw Woodfin I . I I + _I_mn,{Lp Din I I , I Sources: Esn, Aebus GS, USGS, NGA NASA, CGIAR, N RObn—, NCEAS, NLS, 05. NMA, G_Ialaslyrelsen, Rqk—temLaal, GSA GeGland FEMA, Inlermap and the GIS um wenmunity Saurce Esn, HERE. Garmin, FAO, NOAA, VSGS, ® OpmSlrtMMap c Inbutars. and Ibe GIS Vser Cwnmunrty Page 3 of 3 Appendix B: Photolog Photo 1. Typical view of central stream. Photo 2. Typical view of mesic mixed -hardwood forest habitat. Photo 3. Typical view of pine scrub forest habitat and dirt roads. t. •Il !: S1XI a R�� Photo 4. Typical view of headwater wetland habitat.