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
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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
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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
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W
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Z =
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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%
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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
; `�,,,..,
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EXISTING CHANNEL m T
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(N
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Impact W)
EXISTING CHANNEL
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,,,,,,,,,,P� .
— 1
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Q�, ,,
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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
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GROUND SURFACE AT
ROCK PIPE
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INLET PROT.
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POND BED
p ofQ Z
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DAM TO BE REMOVED 2125
Z � 0
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TEMP. DEWATERING
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0 W O O
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2115
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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
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yzaa,rtt m �
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Z =
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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.
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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
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>
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�
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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
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SAND BAGS W/ PLASTIC /
\
co u> 7
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REMOVE ALL DEBRIS,
SHEETING
PROTECT EXIST.
U N N
SCARIFY SURFACE, PLACE ���^\^\n\
TOPSOIL AND SEED/MULCH
BANKVEGETATION,"
FORADD'L FILTER
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6 NTS
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�WORKAREA'
TOE OF BANK (TYP)
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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
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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).
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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
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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.
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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
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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.
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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
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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
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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.
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S1XI
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Photo 4. Typical view of headwater wetland habitat.