20240245 Ver 1_401_Jackson County NWP 29 and PJD application Thomas Valley Driveway_20240207

CLearWaLer
An EnviroScience Company
C1earWater Environmental Consultants, Inc.
www.cwenv.com
January 29, 2024
Ms. Stephanie Goss
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
RE: Thomas Valley Rd Driveway — (+/- 47.69 Ac)
Nationwide Permit 29 and PJD Request
Jackson County, North Carolina
Dear Ms. Stephanie Goss,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of 321 DWELL
LLC; represented by Elijah Ward. The project site is approximately 47.69-acres and is composed
of Jackson County parcel: 7612-70-8884. The site is located off Thomas Valley Road in Whittier,
North Carolina (35.382019,-83.298802).
The applicant is seeking a Nationwide Permit 29 with a corresponding 401 water quality
certification for a permanent stream impact associated with the residential development of this +/-
47.69-acre project area. The entire parcel is 90.99 acres, of which only 47.69-acres were
delineated as shown in figures 1-6. Figure 7 shows the entirety of the 90.99-acre parcel with the
project area. The applicant is seeking a PJD application on the delineated portion of the site.
Please do not hesitate to contact me at 828-698-9800 if you have any questions regarding the
attached application and supplemental information. A courtesy copy of this application has been
sent via email to Mr. Andrew Moore, NC Division of Water Resources (Asheville Office), Mr. Byron
Hamstead, US Fish & Wildlife Service (Asheville Office), and Ms. Andrea Leslie, NC Wildlife
Resources Commission.
Sincerely,
McKenzie Beyer
Biologist
Copy issued:
NCDEQ Division of Water Resources (Asheville Office) —Andrew Moore
NC Wildlife Resources Commission —Andrea Leslie
USFWS (Asheville Office) — Byron Hamstead
R. Clement Riddle
Senior Scientist P.W.S.
145 Th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW — -
1. Project Name: Thomas Valley Rd Driveway
2. Work Type: Private ❑� Institutional ❑ Government ❑ Commercial ❑
3. Project Description / Purpose:
NWP 29 for a +/- 47.69 acre tract & a PJD request in whittier NC.
4. Property Owner/ Applicant:
Dwell, LLC; represented by Elijah Ward
5. Agent / Consultant: ClearWater Environmental Consultants, an EnviroScience Company
6. Related Action ID Number(s):
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site is located Thomas Valley Rd in Whittier North Carolina (35.382019,-83.298802).
8. Project Location - Tax Parcel ID: 7612-70-8884
9. Project Location — County: Jackson
10. Project Location — Nearest Municipality or Town : Whittler
11. Project Information — Nearest Waterbody: Barkers Creek (C; Tr)
12. Watershed / 8-Digit Hydrologic Unit Code: Little Tennessee / 06010203
Authorization: Section 10 ❑ Section 404 P1 Section 10 & 404 ❑
Regulatory Action Type:
El Standard Permit
I! I Nationwide Permit # 29
❑ Regional General Permit #
❑✓ Jurisdictional Determination Request
❑Pre -Application Request
Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20210513

DocuSign Envelope ID: CC9CCF7D-4330-448D-83C5-8E95A01DF496
i >•
An EnviroScience Companyiu
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
Clearwater 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.
321 Dwell INC
Property Owner of Record:
6351 wildwood Trial
Property Owner Address:
Denver NC 28037
7048609340
Phone Number:
[e-mail]
Email address:
Property Location:
Thomas valley Road ,90.99AC 7612708884
Owner/Managing partner Signature:
Owner/Managing printed name:
Date:
Elijah Lucas ward
Elijah Lucas ward
12/8/2023
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone:[phone]
www.cwenv.com

Property Report for 7612-70-8884
11 /27/2023
r y
„
t..�.. 5
",•YARNING.THIS IS NOT ASUPVEYI'This
map is prepared for inventory of real property
yON, Centerlines within Jackson County. It Is compiled from
r
recorded deeds, plats and public data
records. IJ sers of this map are hereby notified
L - that the aforementioned public information
79 D sou rces should be consulted for verification_
a m onP�`•s Parcels Feet Jackson County or any County representative
assumes no legal respansibilityforthe
contents of this map.
Parcel Information
Ownership Information
Owner Name #1: 321 DWELL LLC
Tax/Value Information
Parcel ID: 7612-70-8884
Fire District: QUALLA 5 MI
Parcel Address: THOMAS VALLEY RD
Owner Name #2: None
Building Value: $0
Neighborhood Name: Thomas Valley
Mailing Address 1: 6351 WILDWOOD TRL
Land Value: $489,160
Property Description: THOMAS VALLEY RD
Mailing Address 2: None
Assessed Total Value: $489,160
Sale Date: 2022-07-22
City/State/Zip: DENVER INC 28037
Sale Price: $500,000
Owner Account: 191640
Plat Reference: None
Transferring Reference: 2339/1005
Zoning Information
Township: BARKERS CREEK
Zoning District: None
Assessed Acres: 90.99
Zoning Area: None
Jurisdiction: None

D�OF W A T E�QG
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
1a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 29 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
❑ Yes ❑X No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non-404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
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:
Thomas Valley Rd Driveway
2b.
County:
Jackson
2c.
Nearest municipality / town:
Whittier
2d.
Subdivision name:
n/a
2e.
NCDOT only, T.I.P. or state project no:
n/a
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Dwell, LLC.
3b.
Deed Book and Page No.
7612-70-8884
3c.
Responsible Party (for LLC if
applicable):
Elijah Lucas Ward
3d.
Street address:
6351 Wildwood Trail
3e.
City, state, zip:
Denver, NC 28037
3f.
Telephone no.:
704-860-934
3g.
Fax no.:
n/a
3h.
Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

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

B.
Project Information and Prior Project History
1.
Property Identification
1a.
Property identification no. (tax PIN or parcel ID):
7612-70-8884
1b.
Site coordinates (in decimal degrees):
Latitude: 35.382019 Longitude:-83.298802
1 c.
Property size: Project area
47.69 acres
2.
Surface Waters
2a.
Name of nearest body of water to proposed project:
Barkers Creek
2b.
Water Quality Classification of nearest receiving water:
C; Tr
2c.
River basin:
Little Tennessee / 06010203
3.
Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site is a forested tract between Thomas Valley Road and Barkers Creek. The site is currently undeveloped with the exemption of an
existing gravel road that leads to the peak hill within the boundary. General land use in the project vicinity is a low density residential area.
3b.
List the total estimated acreage of all existing wetlands on the property: 0.386
3c.
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 5,420
3d. Explain the purpose of the proposed project:
To authorize one culvert installation for a driveway for a low -density residential development.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Additional Information following the PCN form.
4.
Jurisdictional Determinations
4a.
Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes ❑X No ❑ Unknown
Comments: pJD Request included in attachments
4b.
If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ❑ Final
4c.
If yes, who delineated the jurisdictional areas?
Name (if known): M. Beyer and C. Green
Agency/Consultant Company: Clearwater Env. Cnslts (Current)
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Please see attached PJD request following the PCN.
5.
Project History
5a.
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
El Yes ❑X No ❑ Unknown
5b.
If yes, explain in detail according to "help file" instructions.
6.
Future Project Plans
6a.
Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
A 44-acre portion of the site was not delineated. It is possible that a delineation and future development may happen. There are no plans at this time.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands X❑ Streams —tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of impact
Type of wetland
Forested
Type of jurisdiction
Area of
number
Corps (404,10) or
impact
Permanent (P) or
DWQ (401, other)
(acres)
Temporary T
W1
Choose one
Choose one
Yes/No
W2
Choose one
Choose one
Yes/No
W3
Choose one
Choose one
Yes/No
W4
Choose one
Choose one
Yes/No
W5
Choose one
Choose one
Yes/No
W6
Choose one
Choose one
Yes/No
2g. Total Wetland Impacts:
2h. Comments:
There are no wetland impacts for the proposed project.
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial (PER) or
Type of
Average
Impact
number
intermittent (INT)?
jurisdiction
stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
UT to Barkers Creek
PER
Corps
6.22
98
S2 T
Stabilization
UT to Barkers Creek
PER
Corps
6.22
5
S3 T
Stabilization
UT to Barkers Creek
PER
Corps
6.22
5
S4
Choose one
S5
Choose one
S6
Choose one
3h. Total stream and tributary impacts
108
3i. Comments:
S1 Permanent stream bed impacts: 0.014 Ac
S2 Temporary stream bed impacts: 0.001 Ac
S3 Temporary stream bed impacts: 0.001 Ac
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 individually 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
02
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
131
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
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See additional information following PCN form.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Appropriate erosion and sediment control measure will be implemented to avoid
unintended impacts to waters on site. Culvert crossings will be installed "in -the -dry" (See Figure 5.9 for details).
2.
Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b.
If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c.
If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b.
Stream mitigation requested:
linear feet
4c.
If using stream mitigation, stream temperature:
Choose one
4d.
Buffer mitigation requested (DWQ only):
square feet
4e.
Riparian wetland mitigation requested:
acres
4f.
Non -riparian wetland mitigation requested:
acres
4g.
Coastal (tidal) wetland mitigation requested:
acres
4h.
Comments:
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a.
If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 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?
5.57 %
2b.
Does this project require a Stormwater Management Plan?
❑ Yes 0 No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
Total percent imperviousness is less than 24% and therefor does not require a Stormwater Management Plan.
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
3.
Certified Local Government Stormwater Review
3a.
In which localgovernment's jurisdiction is thisproject?
❑ 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 0 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 X❑ No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
El Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ❑X No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
El Yes ❑X No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
This project will not result in additional development that could affect downstream water quality.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated by the project will be treated with onsite septic systems.
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 0 No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
0 Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Additional Information following the PCN form and Appendix D.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes 0 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 8, 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 0 No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
See Additional Information following the PCN form.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
0 Yes ❑ No
8b. If yes, explain how project meets FEMA requirements:
Portion of the property boundary resides in the the 100 year floodplain, but there are no proposed impacts or construction in the zone.
8c. What source(s) did you use to make the floodplain determination?
FEMA's National Flood Hazard Layer Viewer; FIRM Panels: FIRM Panel: 3700761200J (eff. 04/19/2010). See Figure 6.
McKenzie Beyer
Mc,Ke,-,,Zi e, 13&ye�r
01 /29/2023
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10

PCN Form Additional Information
Section B.3e Project Description — Details
The project involves the installation of a new culvert (Impact S1) for access to upland areas.
Permanent stream impact S1 includes 98.0 LF (0.014 Ac) of permanent stream impact with the
associated temporary impacts S2 and S3 (each are 5 LF [0.001 Ac]) for the pump around
disturbance. They propose temporarily dewatering UT to Barkers Creek (stream SB on the
delineation map, CW 2.8.23) 5 LF above and below the culvert installation area.
Section B.Sa Project History— Details
The proposed project is a low -density residential development. The project proposes only one
permanent stream impact for site access. Conceptual site plans are attached in figures 5.1-11.
The project area was delineated by ClearWater, an EnviroScience Company on February 8, 2023
and is seeking a preliminary jurisdictional determination at this time.
Section F.Sa. Endangered Species and Designated Critical Habitat — Habitat
The USFWS IPaC "Official Species List" (Appendix B) lists eight (8) species as potentially
occurring within the project boundary:
Common Name
Scientific Name
Status
Tricolored bat
Perimyotis subflavus
Proposed Endangered
Indiana Bat
Myotis Sodalis
Endangered
Rock Gnome Lichen
Gymnoderma Lineare
Endangered
Gray bat
Myotis grisescens
Endangered
Appalachian Elktoe
Alasmidonta raveneliana
Endangered
Northern long-eared bat
Myotis septentrionalis
Endangered
Small Whorled Pogonia
/sotria medeoloides
Threatened
Swamp Pink
Helonias bullata
Threatened
Tricolored Bat
Potentially suitable summer habitat for the tricolored bat is present in the forested areas; however,
this species is not formally listed at this time and no formal management guidelines are in place.
Due to the limited tree clearing on -site (former timber road already established, minimal additional
tree clearing), it is the opinion of ClearWater that development of this site may affect but is not
likely to adversely affect the tricolored bat. ClearWater recommends that tree clearing at this site
be conducted between October 15 — March 31 to minimize impacts to the tricolored bat.
Indiana Bat
No naturally occurring suitable habitat (caves or underground mines) for the Indiana bat were
observed within the project area. It is the opinion of ClearWater that this project is not likely to
adversely affect the Indiana bat.

Rock Gnome Lichen
No naturally occurring suitable habitat (rock outcrops above 5,000 ft above sea level) for Rock
Gnome Lichen was observed within the project area. It is the opinion of ClearWater that this
project is not likely to adversely affect the Rock Gnome Lichen.
Gray Bat
No naturally occurring suitable habitat (caves) for the gray bat were observed within the project
area. It is the opinion of ClearWater that this project is not likely to adversely affect the gray bat.
Appalachian Elktoe
Suitable habitat for Appalachian Elktoe is present within the project area. Stream SA (Barkers
Creek [C;Tr]) connects to the Tuckasegee River off site. The Natural Heritage Program report
(see attachment B) shows an "A" ranking element occurrence of Appalachian Elktoe within a mile
of the project area, more specifically referring to the Tuckasegee River. The stream onsite
(Stream SA [Barkers Creek]) is the only potentially suitable habitat for the species due to stream
substrate, step pools, temperature, width, and depth. Stream SA is not proposed for any impacts.
The smaller unnamed tributary SB is the only stream proposed for impacts. Stream SB does not
contain suitable habitat for Appalachian Elktoe due to narrow channelization and lack of deep
step pools.
It is the opinion of ClearWater that this project may affect but is not likely to adversely affect the
Appalachian Elktoe.
Northern Long-eared Bat
No naturally occurring suitable wintering habitat for Northern Long-eared Bat (NLEB) exists within
the project area. Potential suitable summer habitat for the NLEB exists within the forested area of
the project area in the form of snags and mature shaggy trees. ClearWater recommends
conducting tree clearing between October 15 through April 1 to minimize impacts to NLEB.
The area within the proposed stream crossing contains a few mature trees, but predominately
rhododendron and shrub species. We request the US Army Corps of Engineers only apply the
tree cutting moratorium to the proposed action area which is the one access driveway stream
crossing. Please see the photolog (photos 5-8) for view of proposed trees for clearing.
It is the opinion of ClearWater that this project may affect but is not likely to adversely affect the
Northern Long-eared Bat.
Small Whorled Pogonia
No potentially suitable habitat for Small Whorled Pogonia exists within the project area. While the
project area is a mixed -deciduous forest, the understory is too dense. Small Whorled Pogonia
requires an open understory within a mixed -deciduous forest, as well as highly acidic and nutrient
poor soils. It is the opinion of ClearWater that this project would have no effect on the Small
Whorled Pogonia.

Swamp Pink
Swamp pink is found in a variety of wetland habitats, including mountain bogs, swampy forested
wetlands bordering small streams, wet meadows, and spring seepage areas. Potentially suitable
habitat for swamp pink does not occur within the project site. Wetland areas within the project
boundary are too small and are forested with dense canopy coverage. It is the opinion of
ClearWater that this project would have no effect on the swamp pink.
North Carolina Natural Heritage Program
A review of the NC Natural Heritage Program (NHP) database on December 11, 2023, revealed
one element occurrences (EO) of the endangered species Appalachian Elktoe within a one -mile
radius of the project boundary. While the last species observation date was reported in October
of 2022, no Appalachian Elktoe species were observed inside the project boundary. Suitable
habitat for Appalachian Elktoe is present within the project area. Stream SA (Barkers Creek [C;Tr])
connects to the Tuckasegee River off site. The NHP report (see attachment C) shows an "A"
ranking element occurrence of Appalachian Elktoe within a mile of the project area, more
specifically referring to the Tuckasegee River. The stream onsite (Stream SA [Barkers Creek]) is
the only potentially suitable habitat for the species due to stream substrate, step pools,
temperature, width, and depth. Stream SA is not proposed for any impacts. The smaller unnamed
tributary SB is the only stream proposed for impacts. Stream SB does not contain suitable habitat
for Appalachian Elktoe due to narrow channelization and lack of deep step pools.
It is not likely that the development of this project will adversely affect the Appalachian Elktoe
species. See Attachment C.
Section F.7b. Historic or Prehistoric Cultural Resources — Sources
One historic site is located within a 0.5-mile radius of the project site. The site, the Lee Nations
House is listed as surveyed only (site ID JK0250). This site is approximately 0.40 miles from the
project area. It is the opinion of ClearWater that the proposed project will have no effect on the
historical site listed above or any other historical properties. Data gathered from NCHPO's
HPOWEB 2.0 for General Audience. Accessed December 12, 2023.

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Attachment A:
Preliminary Jurisdictional
Determination Request

urisdictional Determination Renuest
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http: //www. saw. usace. army. mil/Mi ssions/RegulatoryPermitProgram/Contact/CounlyLocator. aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: See attached property data
City, State:
Whittier, North Carolina
County: Jackson
Parcel Index Number(s) (PIN): 7612-70-8884
B. REQUESTOR INFORMATION
Name: ClearWater, an EnviroScience Company
Mailing Address: 145 7th Avenue W, Suite B
Hendersonville, NC 28792
Telephone Number: 828-698-9800 ext 304
Electronic Mail Address: [e-mail]
Select one:
I am the current property owner.
�✓ I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: 321 Dwell inc/Eliiah Lucas Ward
Mailing Address: 6351 Wildwood Trl
Denver, NC 28037
Telephone Number: 704-860-9340
Electronic Mail Address: [e-mail]
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
See Attached Ac
Print Name
Capacity: ❑ Owner
Date
Signature
ent Authorization
❑✓ Authorized Agent'
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
El I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
Size of Property or Review Area +/- 47.69 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
RI
Project Coordinates (Decimal Degrees): Latitude:
35.382019
Longitude:-83.298802
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 lx 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
❑ Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/RegulatoLy-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
RICompleted appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
Vicinity Map
❑ Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' www.saw.usace.army.mil/Portals/59/does/regulatory/re gdocs/JD/RGL_08-02_App A Prelim_ JD_ Form_fillable.pdf
' Please see http://www.saw.usace.ariny.mil/Missions/Regulatory-Permit-Program/Jurisdietion/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federaljurisdiction underthe regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

DocuSign Envelope ID: CC9CCF7D-4330-448D-83C5-8E95A01DF496
i >•
An EnviroScience Companyiu
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
Clearwater 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.
321 Dwell INC
Property Owner of Record:
6351 wildwood Trial
Property Owner Address:
Denver NC 28037
7048609340
Phone Number:
[e-mail]
Email address:
Property Location:
Thomas valley Road ,90.99AC 7612708884
Owner/Managing partner Signature:
Owner/Managing printed name:
Date:
Elijah Lucas ward
Elijah Lucas ward
12/8/2023
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone:[phone]
www.cwenv.com

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD:
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: 321 Dwell inc / 6351 Wildwood trl
Denver, NC 28037
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Jackson City: Whittier
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.382019 Long.:-83.298802
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Barkers Creek (Class C;Tr)
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑ Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
See attached table

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

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
❑■ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Vicinity, USGS Topo, Aerial, USDA Soil, Wetland/Stream Delineation
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1-24,000 Scale; Whittier Quad
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ❑■ Aerial (Name & Date): NCCGIA 2019 (CW Photolog: February 8, 2023) .
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑■ Other information (please specify): Property Data
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Mc,Ke*x,zu, (3e,9er Decemeber 14, 2023
Signature and date of Signature and date of
Regulatory staff member person requesting PJD
completing PJD (REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

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Project Boundary
Vicinity Map
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Jackson A -Frames 0 0.25 0.5 1 Miles N
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hor: MKB Date:12/082023 Project#:17449
NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft U:

USGS Topographic Map Jackson A -Frames D SDD ,,DDD 2,000 Feet O �LearWater
1:24K Scale Quad: Whittier (+/- 47.69 Ac) i
Figure 2 Jackson County, NC. 0 100 zoo aoo 600 Meters
AnEnvirosciencecompany�
4uthor: MKB Date: 12/082023 Project #: 17449 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US

Author: MKB Date: 12/082023 Project #: 17449 NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US

Author: MKB Date: 12/082023 Project #: 17449 NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US

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
EnviroScience 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. EnviroScience 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 EnviroScience using the best information available to
EnviroScience 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: Project Boundary - Jackson County, Contours and Aerial Imagery - NC
OneMap
Potentially Jurisdictional Waters of the US
Stream Wetland
Linear Acres
Feet stream bed Acres
SA 1474 0.450 WA 0.003 / \
SIB 1235 0.258 WB 0.004
SC 53 0.008 WC 0.203 W
SD 1023 0.125 WD 0.119
SE 272 0.035 WE 0.007
SF 57 0.009 WF 0.019
SG 1454 0.142 WG 0.004
SH 131 0.014 WH 0.001
Si 370 0.049 WJ 0.005 /
WK 0.008 /
WM 0.025
Total 16,0691 1.090 Total 1 0.397 /
/
/
/
/
Project Boundary /
\ WH< SD
\
\\ SE
\
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Potential Non -Wetland
Waters of the US
SA - 1474 L.F. (0.450 Ac)
SB - 1235 L.F. (0.258 Ac)
SC - 53 L.F. (0.008 Ac)
S
Potential Wetland
Waters of the US
WA - (0.003 Ac)
WB - (0.004 Ac) .
WC - (0.203 Ac)
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Waters of the US
SD - 1023 L.F. (0.125 Ac)
SE - 272 L.F. (0.035 Ac)
SF - 57 L.F. (0.009 Ac)
SG - 1454 L.F. (0.142 Ac)
SH - 131 L.F. (0.014 Ac)
SJ - 370 L. F. (0.049 Ac)
Wetland and Stream Map Jackson A -Frames 0 100 200 400 Feet N
+/-Ac)I I I
Delineated on 02/08/2023 ( 47.69
Figure 5 Jackson County, NC. 0 20 40 80 120 Meters
Potential Wetland
Waters of the US
WD - (0.119 Ac)
WE - (0.007 Ac)
WF - (0.019 Ac)
WIG - (0.004 Ac)
WH- (0.001 Ac)
WJ - (0.005 Ac)
WK - (0.008 Ac)
WM - (0.025 Ac)
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Data Forms
(-LearWater
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wthor: MKB Date: 12/082023 Project #: 17449 NAD 1983 2011 StatePlane North Carolina RIPS 3200 Ft US

Author: MKB Date: 12/082023 Project #: 17449 NAD 1983 2011 StatePlane North Carolina FIPS 3200 Ft US

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Jackson A -Frames City/County: Whittier/Jackson Sampling Date: 02/08/2023
Applicant/Owner: See Attached Agent Authorization State: NC Sampling Point: DP-UP1_1
Investigator(s): C. Green & M. Beyer Section, Township, Range:
Landform (hillside, terrace, etc.): gradual toe of a slope Local relief (concave, convex, none): Concave Slope (%): 5
Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.3802050 Long:-83.2983341 Datum: NAD83
Soil Map Unit Name: ChE - Cheoah Channery loam, 30-50% slopes NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No X Is the Sampled Area
Hydric Soil Present? Yes No X within a Wetland? Yes No X
Wetland Hydrology Present? Yes No X
Remarks:
Antecedent Precipitation Graph shows normal climactic conditions for the season
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
_Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) —Hydrogen
Sulfide Odor (Cl)
—Drainage Patterns (1310)
_Saturation (A3) _Oxidized
Rhizospheres on Living Roots (C3)
_Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
X Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_ Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches):
Water Table Present? Yes No
X Depth (inches):
Saturation Present? Yes No
X Depth (inches):
Wetland Hydrology Present? Yes No X
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-UPL1
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 )
% Cover
Species?
Status
1. Liriodendron tulipifera
30
Yes
FACU
2. Ostrya virginiana
10
Yes
FACU
3. Halesia carolina
2
No
FAC
4. Acer rubrum
2
No
FAC
5.
6.
7.
44
=Total Cover
50% of total cover:
22
20% of total cover:
9
Sapling/Shrub Stratum (Plot size: 15
)
1.
Fagus grandifolia
5
Yes
FACU
2.
Prunus serotina
2
Yes
FACU
3.
4.
5.
6.
7.
8.
9.
7
=Total Cover
50% of total cover:
4
20% of total cover:
2
Herb Stratum (Plot size: 5 )
1.
Polystichum acrostichoides
10
Yes
FACU
2.
Allium vineale
2
No
FACU
3.
Ilex opaca
2
No
FACU
4.
Ligustrum sinense
2
No
FACU
5.
Chimaphila maculata
2
No
UPL
6.
7.
8.
9.
10.
11.
18
=Total Cover
50% of total cover:
9
20% of total cover:
4
Woody Vine Stratum (Plot size: 15
)
1.
2.
3.
4.
5.
=Total Cover
50% of total cover:
20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Understory vegetation was recently brush -hogged.
Dominance Testworksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
0
(A)
Total Number of Dominant
Species Across All Strata:
5
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
0.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 =
0
FACW species 0 x 2 =
0
FAC species 4 x 3 =
12
FACU species 63 x 4 =
252
UPL species 2 x 5 =
10
Column Totals: 69 (A)
274
(B)
Prevalence Index = B/A =
3.97
_ 1 - Rapid Test for Hydrophytic Vegetation
_2 - Dominance Test is >50%
_3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: DP-UP1_1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-16 10YR 4/6 100 Loamy/Clayey
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators.
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11;
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT.
See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority: AR 335-15, paragraph 5-2a)
Project/Site: Jackson A -Frames City/County: Whittier/Jackson Sampling Date: 02/08/2023
Applicant/Owner: See Attached Agent Authorization State: NC Sampling Point: DP-WET1
Investigator(s): C. Green & M. Beyer Section, Township, Range:
Landform (hillside, terrace, etc.): floodplain Local relief (concave, convex, none): Concave Slope (%): 2
Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.3799909 Long:-83.2982839 Datum: NAD83
Soil Map Unit Name: ChE - Cheoah Channery loam, 30-50% slopes NWI classification: N/A
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes X No within a Wetland? Yes X No
Wetland Hydrology Present? Yes X No
Remarks:
Antecedent Precipitation Graph shows normal climactic conditions for the season
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required; check all that apply)
_Surface Soil Cracks (136)
_Surface Water (Al) _True
Aquatic Plants (1314)
_Sparsely Vegetated Concave Surface (138)
X High Water Table (A2) _Hydrogen
Sulfide Odor (Cl)
_Drainage Patterns (1310)
X Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_Sediment Deposits (132) _Recent
Iron Reduction in Tilled Soils (C6)
X Crayfish Burrows (C8)
_Drift Deposits (133) _Thin
Muck Surface (C7)
_Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) _Other
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_Iron Deposits (135)
X Geomorphic Position (D2)
—Inundation Visible on Aerial Imagery (137)
_ Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
X Depth (inches): 0
Water Table Present? Yes X No
Depth (inches): 1
Saturation Present? Yes X No
Depth (inches): 0
Wetland Hydrology Present? Yes X No
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: DP-WET1
Absolute Dominant Indicator
Tree Stratum (Plot size: 30 ) % Cover Species? Status
1.
2.
3.
4.
5.
6.
7.
=Total Cover
50% of total cover:
20% of total cover:
Sapling/Shrub Stratum (Plot size: 15
)
1.
Ligustrum sinense
25
Yes
FACU
2.
Alnus serrulata
60
Yes
OBL
3.
4.
5.
6.
7.
8.
9.
85
=Total Cover
50% of total cover:
43
20% of total cover:
17
Herb Stratum (Plot size: 5 )
1.
Carex lurida
45
Yes
OBL
2.
impatiens capensis
5
No
FACW
3.
Packera aurea
20
Yes
FACW
4.
Ligustrum sinense
10
No
FACU
5.
Lonicera japonica
6.
7.
8.
9.
10.
11.
80
=Total Cover
50% of total cover:
40
20% of total cover:
16
Woody Vine Stratum (Plot size:
)
1.
2.
3.
4.
5.
=Total Cover
50% of total cover:
20% of total cover:
Remarks: (Include photo numbers here or on a separate sheet.)
Dominance Testworksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC:
3
(A)
Total Number of Dominant
Species Across All Strata:
4
(B)
Percent of Dominant Species
That Are OBL, FACW, or FAC:
75.0%
(A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 105 x 1 =
105
FACW species 25 x 2 =
50
FAC species 0 x 3 =
0
FACU species 35 x 4 =
140
UPL species 0 x 5 =
0
Column Totals: 165 (A)
295
(B)
Prevalence Index = B/A =
1.79
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
X 3 - Prevalence Index is <_3.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height.
Sapling/Shrub -Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0

SOIL
Sampling Point: DP-WET1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Type Loc Texture Remarks
0-16 7.5YR 4/1 100 Sandy
Type: C=Concentration, D=Depletion,
Hydric Soil Indicators.
_ Histosol (Al)
_ Histic Epipedon (A2)
—Black Histic (A3)
—Hydrogen Sulfide (A4)
_Stratified Layers (A5)
_2 cm Muck (A10) (LRR N)
_Depleted Below Dark Surface (A11;
_Thick Dark Surface (Al2)
_Sandy Mucky Mineral (S1)
—Sandy Gleyed Matrix (S4)
_Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
Remarks:
RM=Reduced Matrix, MS=Masked Sand Grains
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
—Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
_2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No
ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0

Site Photographs — Jackson -A Frames (Thomas Valley Driveway)
Whittier, Jackson County NC
Photo 1: View of stream SA.
r
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ycl'rayy,, 5 4 k
Not
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A Photo 2: Typical view of higher elevation unnamed tributaries.

A
Photo 3: Typical view of wetlands onsite.
Al
0
Photo 4: Additional view of typical wetlands onsite.

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Photo 5: View of proposed stream crossing.
Photo 6: Additional view of trees proposed for clearing (between flags).

Photo 7: Additional view of trees proposed for clearing.
Photo 8: View of trees proposed for clearing from inside the project area.

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Attachment B:
Threatened and Endangered Species Information

X}9R'N"C
d
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: [phone] Fax: [phone]
In Reply Refer To: December 08, 2023
Project Code: 2024-0000597
Project Name: Jackson A Frames
To Whom It May Concern:
The enclosed species list identifies threatened, endangerh y proposed, and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The specs list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U. C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed; and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through IPaC by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act an its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment 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

12/08/2023
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.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/
endangered-species-consultation-handbook.pdf N
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald andelden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. , tivity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S. ec. 668(a)). For more
information regarding these Acts, see Migratory Bird Permit What o I U.S. Fish & Wildlife
Service (fws.gov).
The MBTA has no provision for allowing take of migratory birds that may b unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see htt s• 'www.f ov/librar /collections/threats-birds.
In addition to MBT nd BGEPA, Executive OSaggenNepsthat
. Responsibilities of Federal Agencies
to Protect Migrato 'irds, obligates all Federaengage in or authorize activities
that might affect. gratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
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

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

12/08/2023
PROJECT SUMMARY
Counties: Jackson County, North Carolina

12/08/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 9 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish ma appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesl, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within. your project area under this office's jurisdiction. Pease contact the designated FWS office
if you have questions.
NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
Gray Bat Myotis grisescens�
No critical habitat has been designated for this species.
Species profile: bnps:Hecos.fws.gov/ecp/species/6329
13
Indiana Bat Myotis sodalis
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https:Hecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis Sep' tentrionalis
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/sl2ecies/9045
Tricolored Bat Perimyotis sub flavus
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/10515
CLAMS
NAME
STATUS
Endangered
Endangered
Endangered
Proposed
Endangered
STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039

12/08/2023
INSECTS
NAME
STATUS
Monarch Butterfly Danaus plexippus
Candidate
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME
STATUS
Small Whorled Pogonia Isotria medeoloides
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/1890
Swamp Pink Helonias bullata
Threatened
Population:
No critical habitat has been designated for this species.
Species profile: https:Hecos.fws.gov/ecp/species/4333
LICHENS
NAME STATUS
Rock Gnome Lichen Gymnoderma lineare Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
CRITICAL HABITATS''
THERE ARE NO CRITICAL HABI ATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.,
YOU ARE STILL REQUIRFIWTO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

12/08/2023
IPAC USER CONTACT INFORMATION
Agency:
Private Entity
Name:
McKenzie Beyer
Address:
145 7th Ave West, Suite B
City:
Hendersonville
State:
NC
Zip:
28779
Email
[e-mail]
Phone:
7043025978

Roy Cooper, Governor
■■�■� NC DEPARTMENT OF
H
■■■■ NATURAL AND CULTURAL RESOURCES
December 11, 2023
clement Riddle
ClearWater Environmental Consultants, INc
145 7th ave West, Suite B
hendersonville, NC 28792
RE: Jackson A frames
Dear clement Riddle:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy Director, Natural Heritage Program
NCNHDE-24294
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:
httr)s://www.fws.Qov/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.heritageCLdncr.nc.aov.
Sincerely,
NC Natural Heritage Program
DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
1�1 V,1 1C)NE5 ;TREET, RALEK',H. NC: 276 9 • 1F-51 N9i'OL .`. EF DACE (:ENTER, Q,,LEli. H, NC: 27699
OFC 9197C)?9720 • FAX 919 70?'.Y-1

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Attachment C:
Photolog

Site Photographs — Jackson -A Frames (Thomas Valley Driveway)
Whittier, Jackson County NC
Photo 1: View of stream SA.
r
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ycl'rayy,, 5 4 k
Not
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A Photo 2: Typical view of higher elevation unnamed tributaries.

A
Photo 3: Typical view of wetlands onsite.
Al
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Photo 4: Additional view of typical wetlands onsite.

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a"
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Photo 5: View of proposed stream crossing.
Photo 6: Additional view of trees proposed for clearing (between flags).

Photo 7: Additional view of trees proposed for clearing.
Photo 8: View of trees proposed for clearing from inside the project area.