20240324 Ver 1_Eagle Rock Cove NWP14 and 401 App 2.23.24_20240223

CLearWaLer
An EnviroScience CompanyLM
C1earWater Environmental Consultants, Inc.
www.ewenv.com
February 23, 2024
Mr. Mitchell Anderson Mr. Joey Winston
US Army Corps of Engineers NC Division of Water Resources
Asheville Regulatory Field Office 2090 US Highway 70
151 Patton Avenue, Room 208 Swannanoa, North Carolina 28778
Asheville, North Carolina 28801
RE: Eagle Rock Cove (+/- 166 Ac)
Action ID: SAW-2023-02126
Nationwide Permit 14 and 401 Water Quality Certification Application
Buncombe County, North Carolina
Dear Mr. Anderson and Mr. Winston,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of SHFT LLC,
represented by Blair Sheppard. The approximately 166-acre project site is Buncombe County
parcel 979032122200000 and is located at 99999 Bee Tree Road in Swannanoa, Buncombe
County (35.635926,-82.394452). An access easement leading into to the subject property was
incorporated into the project boundary. A property plat showing the access easement is included
in this application.
The applicant is seeking a Nationwide Permit 14 and corresponding Individual Water Quality
Certification for temporary and permanent stream impacts associated with road development for
a low -density residential community.
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 7th Avenue West, Suite B
Hendersonville, NC 28792
828-698-9800 Tel

Preliminary Data Entry Fields for New Actions
SAW — 2023 - 2126
1. Project Name: Eagle Rock Cove
2. Work Type: Private ❑� Institutional ❑
Government ❑ Commercial ❑
3. Project Description / Purpose:
NWP 14 and Ind. Water Quality Certification application for a +/- 166 acre tract in Swannanoa, NC
4. Property Owner / Applicant:
SHFT, LLC; Attn: Blair Sheppard
5. Agent/ Consultant: ClearWater Environmental Consultants, an EnviroScience Company
6. Related Action ID Number(s): n/a
7. Project Location - Coordinates, Street Address, and/or Location Description:
The project site is located at 99999 Bee Tree Road Swannanoa, North Carolina (PIN:
979032122200000; 35.635926,-82.394452).
S. Project Location - Tax Parcel ID: 979032122200000
9. Project Location —County: Buncombe
10. Project Location —Nearest Municipality or Town : Swannanoa
11. Project Information — Nearest Waterbody: Spruce Fork (C)
12. Watershed / 8-Digit Hydrologic Unit Code: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑� Section 10 & 404 ❑
Regulatory Action Type:
❑ Standard Permit
U Nationwide Permit # 14
❑ Regional General Permit #
❑ Jurisdictional Determination Request
n Pre -Application Request
❑ Unauthorized Activity
❑ Compliance
❑ No Permit Required
Revised 20210513

CLearWaLer
An EnviroScience Companya
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:
Property Owner Address:
SHFT, LLC
202 Carramore Lane, Durham NC 27705
Phone Number: 9195994019
Email address: [e-mail]
Property Location: Eagle Rock Cove Road, Swannanoa, NC
Owner/Managing partner Signature:
Owner/Managing printed name:
Blair Sheppard
Date: October 24, 2023
145 7th Avenue West, Suite B
Hendersonville, NC 28792
Phone: [phone]
www.cwenv.com

Buncombe County Assessment
Property Record Search
Buncombe County Assessment Property Record Search
979032122200000 SHFT LLC Total Appraised Value
99999 BEE TREE RD 202 CARRAMORE LN, DURHAM, NC, $806,300
27705
KEY INFORMATION
Zoning
Neighborhood R8UC
Land Use Code
UNDEVELOPED TRACT Municipality
Fire District
FSW Special District
Present Use
Appraisal Area
Laura Bradley [phone] [e-mail]
Exemption
Legal Description
Deed date: 2022-11-09 Deed: 6274-1019 SubDiv: EAGLE ROCK COVE Block: Lot: Section: Plat: 0231-0013
Plat Reference
231-13
ASSESSMENT DETAILS
Land Value
$806,300
Building Value
$0
Features
$0
Total Appraised
$806,300
Value
Deferred Value
$0
Exempt Value
$0
Total Taxable
$806,300
Value
LAND INFORMATION
ZONING LAND USE CODE
UNDEVELOPED TRACT
RECENT PERMIT ACTIVITY
PERMIT DATE
No items to display
SIZE NEIGHBORHOOD
162.17 acres R8UC
PERMIT TYPE
ASSESSED VALUE FLOODPLAIN
$806,300 NO
PERMIT STATUS
Data last updated: 10/20/2023

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NORTH CARCLINA
Environmental Quality
Water Resources
Office Use Only
Corps Action I D no. [Click to enter.] Date received: [Click to enter.]
DWR project no.lick enter.] Date received: [Click to enter.]
Site Coordinates:
Latitude (DD.DDDDDD): 35.635926
Longitude (DD.DDDDDD): 82.394452
Form Version 4.3, 1210412023
Pre -Construction Notification (PCN) Form
(Ver. 4.2, 1210412023)
For Nationwide Permits and Regional General Permits and corresponding Water Quality Certifications
Please note: fields marked with a red asterisk are required. The form is not considered complete until all
mandatory questions are answered.
The PCN help document may be found at this link:
https://edocs.deg.nc.gov/WaterResources/DocView.aspx?dbid=0&id=2196924&cr=1
Page 1 of 22 PCN Form Version 4.3- December 4, 2023

A. Processing Information
County (counties) where project is located: *
Buncombe Additional (if needed).
Is this an ARPA project? *
❑ Yes ❑x No
If yes, ARPA project number:
* The project number can be found on the "Letter of Intent to Fund"
(LOIF) or "Offer and Acceptance Letter". If you are unable to locate
Click or tap here to enter text.
your DWI ARPA Funding Project Number, please contact Corey
Basinger at corey.basinger(cilncdenr.gov for further assistance.
Is this a NCDMS project? *
(Click yes only if NCDMS is the applicant or co-
❑ Yes ❑x No
applicant)
Is this a public transportation project?
(Publicly funded municipal, state, or federal road, rail,
❑ Yes ❑x No
or airport project)
Is this a NCDOT project? *
❑ Yes ❑x No
If yes, NCDOT TIP or state project number:
Click to enter.
If yes, NCDOT WBS number: *
Click to enter.
❑x Section 404 Permit (wetlands, streams, waters,
Clean Water Act)
1 a. Type(s) of approval sought from the Corps: *
❑ Section 10 Permit (navigable waters, tidal
waters, Rivers and Harbors Act)
Has this PCN previously been submitted? *
❑ Yes ❑x No
Please provide the date of the previous submission. *
Click to enter a date.
❑x Nationwide Permit (NWP)
1 b. What type(s) of permit(s) do you wish to seek
❑Regional General Permit (RGP)
authorization? *
❑ Standard (IP)
This form may be used to initiate the standard/ individual permit
process with the USACE. Please contact your Corps
representative concerning submittals for standard permits. All required items can be included as attachments and
submitted with this form.
1 c. Has the NWP or GP number been verified by the Corps? *
❑ Yes ❑x No
NWP number(s) (list all numbers ):
14
RGP number(s) (list all numbers ):
Click to enter
Are you a federal applicant?
❑ Yes ❑x No
If yes, please provide a statement concerning compliance with the Coastal Zone Management Act
Click to ier text.
1d. Type(s) of approval sought from DWR (check all that apply):
❑ 401 Water Quality Certification — Regular
❑ 401 Water Quality Certification— Express
❑ Non-404 Jurisdictional General Permit
❑ Riparian Buffer Authorization
❑x Individual 401 Water Quality Certification
Is this a courtesy copy notification
❑ Yes ❑x No
Page 2 of 22 PCN Form Version 4.3- December 4, 2023

1 e.
Is this notification solely for the record because written approval is not required? *
For the record only for DWR 401 Certification: *
❑ Yes
❑x No
For the record only for Corps Permit: *
❑ Yes
❑x No
1 f.
Is this an after -the -fact permit/certification application? *
❑ Yes
❑x No
1 g.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts?
❑ Yes
❑x No
If yes, attach the acceptance letter from mitigation bank or in -lieu fee program.
1 h.
Is the project located in any of NC's twenty coastal counties? *
❑ Yes
❑x No
1 i.
Is the project located within an NC DCM Area of Environmental
Concern (AEC)? *
❑ Yes
❑x No ❑ Unknown
1j.
Is the project located in a designated trout watershed? *
® Yes
❑ No
If yes, you must attach a copy of the approval letter from the appropriate Wildlife Resource Commission Office.
Trout information may be found at this link: http://www.saw.usace.army.miI/Missions/Regulatory-Permit-
Program/Agency-Coordination/Trout.aspx
Page 3 of 22 PCN Form Version 4.3- December 4, 2023

B. Applicant Information
1 a.
Who is the primary contact? *
SHFT, LLC; Attn: Blair Sheppard
1 b.
Primary Contact Email: *
[e-mail]
1 c.
Primary Contact Phone: * (###)###-#1###
9195994019
1 d.
Who is applying for the permit/certification? * (check
all that apply)
❑ Owner ❑x Applicant (other than owner)
1 e.
Is there an agent/consultant for this project?*
® Yes ❑ No
2.
Landowner Information
2a.
Name(s) on Recorded Deed: *
SHFT, LLC
2b.
Deed Book and Page No.:
6274-1019
2c.
Contact Person (for corporations):
Blair Sheppard
2d.
Address *
Street Address:
202 Carramore Lane
Address line 2:
City:
Durham
State/ Province/ Region:
NC
Postal/ Zip Code:
27705
Country:
USA
2e.
Telephone Number: * (###)###-####
9195994019
2f.
Fax Number: (###)###-#1###
n/a
2g.
Email Address: *
[e-mail]
3. Applicant Information (if different from owner)
3a. Name: *
3b. Business Name (if applicable):
3c. Address: *
Street Address:
Address line 2:
City:
State/ Province/ Region:
Click to enter.
Postal/ Zip Code:
Country
3d. Telephone Number:
3e Fax Number: (###)###-#1###
Click to enter.
3f. Email Address: *
Page 4 of 22 PCN Form Version 4.3- December 4, 2023

4.
Agent/ Consultant (if applicable)
4a.
Name: *
Tyson Kurtz
4b.
Business Name:
ClearWater Environmental Consultants, an
EnviroScience Company
4c.
Address:
Street Address:
145 7th Avenue W
Address line 2:
Suite B
City:
Hendersonville
State/ Province/ Region:
NC
Postal/ Zip Code:
28792
Country:
USA
4d.
Telephone Number: * (###)###-####
828-698-9800 ext 302
4e
Fax Number: (###)###-#1###
n/a
4f.
Email Address: *
[e-mail]
Agent Authorization Letter:*
Attach a completed/signed agent authorization form or letter. A sample form may be found at this link:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Permits/2017-Nationwide-Permits/Pre-
construction-Notification/
Page 5 of 22 PCN Form Version 4.3- December 4, 2023

C. Project Information and Prior Project History
1. Project Information
1a. Name of project: *
Eagle Rock Cove
1 b. Subdivision name (if appropriate):
Click to ente,
1c. Nearest municipality/town: *
Swannanoa
2.
Project Identification
2a.
Property identification number (tax PIN or parcel ID):
979032122200000
2b.
Property size (in acres):
166
2c.
Project Address:
Street Address:
99999 Bee Tree Road
Address line 2:
City:
Swannanoa
State/ Province/ Region:
NC
Postal/ Zip Code:
28778
Country:
USA
2d.
Site coordinates in decimal degrees (using 4-6 digits
after the decimal point): *
Latitude (DD.DDDDDD): * 35.635926
Longitude (-DD.DDDDDD): *-82.394452
3. Surface Waters
3a. Name of nearest body of water to proposed project: *
Spruce Fork
3b. Water Resources Classification of nearest receiving
C
water: *
The Surface Water Classification map may be found at this link:
htti)s://ncdenr.maps.arcqis.com/apes/webappviewer/index.html?id=6el 25ad7628f494694e259c80dd64265
French Broad
3c. In what river basin(s) is your project located? *
Choose additional (if needed)
3d. Please provide the 12-digit HUC in which the project is
060101050603
located:
The Find Your HUC map may be found at this link:
https://ncdenr.maps.arcqis.com/apps/Publiclnformation/index.html?appid=ad3a85aOc6d644aOb97cdO69db238ac3
Page 6 of 22 PCN Form Version 4.3- December 4, 2023

4.
Project Description and History
4a.
Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of
this application: *
The project site is a steep, north facing tract with several old dirt/gravel logging roads. The forest is a mature,
oak -hickory forest. Adjacent land use is low density residential and undeveloped, forested land.
4b.
Have Corps permits or DWR certifications been obtained for this
❑ Yes ❑ No ❑x Unknown
project (including all prior phases) in the past? *
If yes, please give the DWR Certification number and/or Corps
[Click to enter.]
Action ID (ex. SAW-0000-00000):
IClick to enter.]
Attach any pertinent project history documentation
4b2.
Is any portion of the work already complete? *
® Yes ❑ No
If yes, describe the completed work.
An impact plan set for the road to access the neighborhood was provided without a copy of the permits
(Appendix A). Several stream crossings were needed to create/improve the access road. The road was not fully
built to access all the planned lots and stopped in Lot 3. See Appendix B for a table of previous impacts and
what was conducted. The S4 crossing was not installed and the S5 impact was partially conducted.
4c.
List of other certifications or approvals/denials received from other federal, state or local agencies for work
described in this application not related to the 404 or 401.
A copy of the previous Nationwide Permit (404) or Water Quality Certification (401) was not provided, only the
impact plan. It is assumed that the impact plan matched the authorized impacts for mitigation calculations
(Appendix B). The NC DWR Laserfiche Individual 401 permit tracker map did not include this site location.
Therefore, any previous 401 permits were non -notifying.
4d.
Attach an 8'h x 11" excerpt from the most recent version of the USGS topographic map indicating the location of
the project site.
4e.
Attach an 8'h x 11" excerpt from the most recent version of the published County NRCS Soil Survey map
depicting the project site.
4f.
List the total estimated acreage of all existing wetlands on the
0.003 acres
property:
4g.
List the total estimated linear feet of all existing streams (intermittent
5,126 linear feet
and perennial) on the property:
4g1.
List the total estimated acreage of all existing open waters on the
0 acres
property:
4h.
Explain the purpose of the proposed project:
The purpose of the project is to provide access via improved road to the remaining lots.
4i.
Describe the overall project in detail, including the type of equipment to be used: *
Approximately 10-12 years ago a road was built to access the first three lots of the Eagle Rock Cove community.
The access road was planned to utilize existing logging road alignments to provide access to all planned lots.
Road development stopped short. This project plans to finish the task of constructing an improved road that will
allow access to all the remaining lots. The access road alignment has 6 stream crossings; two will avoid impacts
by use of arch -culverts, two will utilize existing culverts (one replacement), and two will be new culvert impacts.
Lots range from 10-40 acres in size and each provide multiple options for homesites. Homesites, if desired, will
be based on the future owner's selection. Typical construction equipment, excavator, dump truck, etc. will be
used to construct the road. The approximately 12-acre limits of disturbance for the road improvement will include
clearing of trees. Tree clearing in the immediate vicinity of each of the three stream impact sites (50 feet along
road x 100 feet wide) sites is estimated at 0.4 acres.
4j.
Attach project drawings/site diagrams/depictions of impact areas for the proposed project.
Page 7 of 22 PCN Form Version 4.3- December 4, 2023

4k. Will this activity involve dredging in wetlands or waters? * ❑ Yes ❑x No
If yes, describe the type of dredging, the composition of the dredged material, and the locations of disposal area.
Click to enter text.
Page 8 of 22 PCN Form Version 4.3- December 4, 2023

5.
Jurisdictional Determinations
5a.
Have the wetlands or streams been delineated on the property or in
® Yes ❑ No ❑ Unknown
proposed impact areas?
Comments:
A PJD request was submitted to USACE Asheville Office on October 30, 2023. A field verification visit was held
with Mitchell Anderson on December 12, 2023. No changes were made to the submitted delineation. A PJD has
not yet been issued. A delineation map (same waters as on PJD request) is included as Figure 5 for NC DWR
reference.
5b.
If the Corps made a jurisdictional determination,
❑x Preliminary ❑ Approved ❑ Emailed concurrence
what type of determination was made? *
❑ Not Verified ❑x Unknown ❑ n/a
Corps AID number (ex. SAW-0000-00000):
SAW-2023-02126
Name (if known): Tyson Kurtz & Caleb Green
5c.
If 5a is yes, who delineated the jurisdictional
Agency/Consultant Company: ClearWater Environmental
areas?
Consultants, an EnviroScience Company
Other: I;Iir.k to entp,
5d.
List the dates of the Corps jurisdictional determination or State determination if a determination was made by
either agency.
Pending
5d1.
Attach jurisdictional determinations.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑x No
6b. If yes, explain.
This could be considered Phase 2 of the community, but no future phases are anticipated.
Are any other NWP(s), regional general permit(s), or individual permit(s) used, or intended to be used, to
authorize any part of the proposed project or related activity? This includes other separate and distant crossings
for linear projects that require Department of the Army authorization but don't require pre -construction
notification.
7. Addresses of adjoining property owners, lessees, etc. whose property adjoins the waterbody (if more than can be
entered here, please attach a supplemental list)
The property owner information for Lots 2 and 3 in included in Appendix D. The proposed road improvement
work between these lots is within an existing deeded access easement.
8. Scheduling of activity:
Road development is planned to start as soon as all required local, state, federal permits are obtained. Likely
within the next couple months of this submittal date.
Page 9 of 22 PCN Form Version 4.3- December 4, 2023

D. Proposed Impacts Inventory
Impacts Summary
❑ Wetlands ❑x Streams - tributaries
1 a. Where are the impacts associated with your project ❑ Buffers ❑ Open Waters
(check all that apply):
❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, complete this table for each wetland area impacted.
2a.
Site #*
2a1.
Impact
Reason/Type*
2b.
Impact
Duration*
2c.
Wetland Type*
2d.
Wetland Name*
2e.
Forested
?*
2f.
Jurisdiction
Type*
2g.
Impact Area
(ac)*
W1
Choose one
"emp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W2
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W3
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W4
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W5
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W6
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W7
Choose one
"emp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W8
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W9
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W10
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W11
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W12
Choose one
emp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W13
Choose one
emp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W14
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
W15
Choose one
Temp/ Perm
Choose one
Click to enter
Y/N
Choose one
Click to enter
2g1. Total temporary wetland impacts
0 ac
2g2. Total permanent wetland impacts
0 ac
2g3. Total wetland impacts
0 ac
2h. Type(s) of material being discharged and the amount of each type in cubic yards:
Click to enter text.
2i. Comments:
Click to enter text.
Page 10 of 22 PCN Form Version 4.3- December 4, 2023

3. Stream Impacts
If there are perennial or intermittent stream/ tributary impacts (including temporary impacts) proposed on the site,
complete this table for all stream/ tributary sites impacted.
** All Perennial or Intermittent streams must be verified by DWR or delegated local government
Site #*
3a
Impact
Reason*
3b.
Impact
Duration*
3c.
Impact Type*
3d.
Stream Name*
3e.
Stream
Type*
3f.
Jurisdiction
Type*
3g.
Stream Width
(avg ft) *
3h.
Impact length
(linear ft)
S1
Road Crossing
Permanent
Crossing/
Culvert
SC / UT to
Spruce Fork
Perennial
Both
3
79
S2
Road Crossing
Permanent
Crossing/
Culvert
SB / UT to
Spruce Fork
Perennial
Both
8
21
S3
Culvert
Replacement
Temporary
Crossing/
Culvert
SC / UT to
Spruce Fork
Perennial
Both
1
22
S4
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S5
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S6
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S7
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S8
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S9
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S10lick
to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S11lick
to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S12
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S13
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S14
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S15
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S16
Click to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S17lick
to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S18lick
to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S19lick
to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
S20lick
to enter
Temp/ Perm
Choose one
Click to enter
Per/Int
Choose one
Click to enter
Click to enter
3i1. Total jurisdictional ditch
impact:
Click to enter. linear ft
3i2. Total permanent stream
impacts:
100 linear ft
M. Total temporary stream
impacts:
22 linear ft
3i4. Total stream and ditch
impacts:
122 linear ft
Page 11 of 22 PCN Form Version 4.3- December 4, 2023

3j. Comments:
Temporary Stream impact S3 is a direct length culvert replacement. S1 and S2 used delineated stream bed width
polygons for impact area calculations rather than average width times linear feet. S1 would result in loss of 0.0094 Ac
stream bed and S2 would result in loss of 0.0042 Ac stream bed. Combined permanent stream bed impacts for this
submittal is 0.0136 Ac. See tables in Appendix B for cumulative impact calculations. Calculating prior impacts was done
by using average stream width times length of impact (shown in Appendix A).
Page 12 of 22 PCN Form Version 4.3- December 4, 2023

4.
Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other
open water of the U.S., individually list all open water impacts in the table below.
4a.
Site #*
4a1.
Impact Reason
4b.
Impact
Duration*
4c.
Waterbody Name*
4d.
Activity Type*
4e.
Waterbody
Type*
4f.
Impact area
(ac)*
01
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
02
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
03
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
04
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
05
Click to enter.
Temp/ Perm
Click to enter.
Choose one
Choose one
Click to enter.
4g.
Total temporary open water impacts
0 ac
4g.
Total permanent open water impacts
0 ac
4g.
Total open water impacts
0 ac
4h.
Comments:
Click to enter.
5.
Pond or Lake Construction
If pond or lake construction is proposed, complete
the table
below. (*This
does NOT include offline stormwater
management ponds.)
5a.
5b.
5c.
5d.
5e.
Pond ID
Proposed use or
Wetland Impacts (ac)
Stream
Impacts (ft)
Upland
#
purpose of pond
Impacts (ac)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P2
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
P3
Choose one
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5f.
Total
Click to
Click to
Click to
Click to
Click to
Click to
Click to
enter.
enter.
enter.
enter.
enter.
enter.
enter.
5g.
Comments:
Click to enter.
5h.
Is a dam high hazard permit required?
❑ Yes ❑ No
If yes, permit ID no.:
Click to enter.
5i.
Expected pond surface area (acres):
Click to enter.
5j.
Size of pond watershed (acres):
Click to enter.
5k.
Method of construction:
Click to entE
Page 13 of 22 PCN Form Version 4.3- December 4, 2023

6. Buffer Impacts (DWR requirement)
If project will impact a protected riparian buffer, then complete the chart below. Individually list all buffer impacts.
6a. Project is in which protected basin(s)?
* (Check all that apply.)
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Jordan ❑ Goose Creek ❑ Randleman
❑ Other: ;lick to enter
Site #*
6b.
Impact Type*
6c.
Impact Duration*
6d.
Stream Name*
6e.
Buffer
Mitigation
Required?*
6f.
Zone 1 Impact*
(sq ft)
6g.
Zone 2 Impact*
(sq ft)
131
Choose one
Temp/ Perm
Click to enter.
A
Click to enter.
ClICK to enter.
132
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
133
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
134
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
135
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
136
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
137
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
138
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
139
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B10
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
1311
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B12
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter
Click to enter.
B13
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B14
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B15
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B16
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B17
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B18
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B19
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
B20
Choose one
Temp/ Perm
Click to enter.
Y/N
Click to enter.
Click to enter.
6h. Total temporary impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total permanent impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6h. Total combined buffer impacts:
Zone 1: Click to enter. sq ft
Zone 2: Click to enter. sq ft
6i. Comments:
Click to enter.
Please attach supporting documentation (impact maps, plan sheets, etc.) for the proposed project.
Page 14 of 22 PCN Form Version 4.3- December 4, 2023

E. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts through project design:
The project design avoids impacts to 98% of streams and 100% of wetlands on site. The road alignment mostly
follows an existing network of old logging roads to minimize ground disturbance and to utilize existing stream
crossings. Two existing culverts will be utilized for the improved road. As shown in the original impact plans
(Appendix A) there were no stream channels where the gravel access road was constructed between Lots 2 and
3. When the site was re -delineated in 2023 there were three streams flowing across the road. This section of
road is a deeded access easement for the lots upslope so the alignment cannot be changed. To minimize
stream impacts to the maximum extent practicable, only one of these stream channels is proposed for impact in
the road easement, the other two streams will be avoided with sufficient arch culverts. The only other new
stream impact is where a crossing is required to reach Lot 7.
1 b. Specifically describe measures taken to avoid or minimize proposed impacts through construction techniques:
Construction equipment will be operated from high ground to avoid impacts to the remaining jurisdictional
features. Appropriate sediment and erosion control measures will be utilized on site. All work for culverts and will
be completed in the dry (See detail on Figure 6.1).
2. Compensatory Mitigation for Impacts to Waters of the U.S., Waters of the State, or Riparian Buffers
2a. If compensatory mitigation is required, by whom is it required? * ❑ DWR ❑ Corps
(check all that apply)
2b. If yes, which mitigation option(s) will be used for this ❑ Mitigation Bank
project? * (check all that apply) ❑ In Lieu Fee Program
❑ Permittee Responsible Mitigation
3. Complete if using a Mitigation Bank
(Must satisfy NC General Statute143-214.11 (d1).)
3a. Name of mitigation bank:
Click to enter.
3b. Credits purchased/requested:
Type: Choose one
Quantity Click to enter.
Type: Choose one
Quantity 'lick to enter.
Type: Choose one
Quantity ;lick to enter.
Attach receipt and/or approval letter.
3c. Comments:
Click to enter.
4.
Complete if Using an In Lieu Fee Program
4a.
Attach approval letter from in lieu fee program.
4b.
Stream mitigation requested:
Click to enter linear feet
4c.
If using stream mitigation, what is the stream temperature:
Choose one
NC Stream Temperature Classification Maps can be found under the Mitigation Concepts tab on the Wilmington
District's RIBITS website: (Please use the filter and select Wilmington district)
https://ribits.usace.army.mil/ribits apex/f?p=107:27:2734709611497::NO:RP:P27 BUTTON KEY:O
Page 15 of 22 PCN Form Version 4.3- December 4, 2023

4d.
Buffer mitigation requested (DWR only):
Click to enter square feet
4e.
Riparian wetland mitigation requested:
Click to enter acres
4f.
Non -riparian wetland mitigation requested:
Click to enter acres
4g.
Coastal (tidal) wetland mitigation requested:
Click to enter acres
4h.
Comments:
Click to enter.
5. Complete if Providing a Permittee Responsible Mitigation Plan
5a. If proposing a permittee responsible mitigation plan, provide a description of the proposed mitigation plan,
including mitigation credits generated.
Click to enter.
5b. Attach mitigation plan/documentation.
6.
Buffer Mitigation (State Regulated Riparian Buffer Rules) — DWR requirement
6a.
Will the project result in an impact within a protected riparian buffer
❑ Yes ❑x No
that requires buffer mitigation?
If yes, please complete this entire section — please contact DWR for more information.
6b.
If yes, identify the square feet of impact to each zone of the riparian buffer that requires
mitigation. Calculate the
amount of mitigation required in the table below.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
Click to enter.
Click to enter.
Choose one
Click to enter.
Zone 2
Click to enter.
Click to enter.
Choose one
Click to enter.
6f. Total buffer mitigation required
Click to enter.
6g.
If buffer mitigation is required, is payment to a mitigation bank or
❑ Yes ❑ No
NC Division of Mitigation Services proposed?
6h.
If yes, attach the acceptance letter from the mitigation bank or NC Division of Mitigation Services.
6i.
Comments:
Click to enter.
Page 16 of 22 PCN Form Version 4.3- December 4, 2023

F. Stormwater Management and Diffuse Flow Plan (DWR requirement)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers
❑ Yes ❑x No
identified within one of the NC Riparian Buffer Protection Rules?
1 b. All buffer impacts and high ground impacts require diffuse flow or other form of stormwater treatment. If the
project is subject to a state implemented riparian buffer protection program, include a plan that fully documents
how diffuse/dispersed flow will be maintained.
All Stormwater Control Measures (SCM) must be designed in accordance with the NC Stormwater Design
Manual (https://deg.nc..qov/about/divisions/energv-mineral-land-resources/energv-mineral-land-permit-
guidance/stormwater-bmp-manual).
Associated supplement forms and other documentation must be provided.
❑ Level Spreader
What Type of SCM are you
❑ Vegetated Conveyance (lower seasonal high water table- SHWT)
providing?
❑ Wetland Swale (higher SHWT)
(Check all that apply)
❑ Other SCM that removes minimum 30% nitrogen
❑ Proposed project will not create concentrated stormwater flow through the
buffer
For a list of options to meet the diffuse flow requirements, click here.
Attach diffuse flow documentation.
2.
Stormwater Management Plan
2a.
Is this an NCDOT project subject to compliance with NCDOT's
Individual NPDES permit NCS000250? *
El Yes 0 No
2b.
Does this project meet the requirements for low density projects as
defined in 15A NCAC 02H .1003(2)? *
0 Yes ❑ No
To look up low density requirements, click here:
htty//reports.oah. state. nc.us/ncac/title%2015a%20-%20environmental%20guality/chapter%2002%20-
%20environmental%20management/subchapter%20h/15a%20ncac%2002h%20.1003.pdf
2c.
Does this project have a stormwater management plan (SMP)
ElYes 0 No
reviewed and approved under a state stormwater program or state -
approved local government stormwater program? *
❑ n/a — project disturbs < 1 acre
Note: Projects that have vested rights, exemptions, or grandfathering from state or locally implemented
stormwater programs or projects that satisfy state or locally -implemented stormwater programs through use of
community in -lieu programs should answer "no" to this question.
2d.
Which of the following stormwater management program(s) apply?
❑ Local Government
(Check all that apply.)*
❑ State
If you have local government approval, please include the SMP on their overall impact map.
Local Government Stormwater Programs *
❑ Phase II ❑ USMP
❑ NSW ❑ Water Supply
Page 17 of 22 PCN Form Version 4.3- December 4, 2023

Please identify which local government stormwater program you are using.
State Stormwater Programs * ❑ Phase II ❑ HQW or ORW
❑ Coastal Counties ❑ Other
Comments:
Project is in Buncombe County but not within a Phase II stormwater area.
Page 18 of 22 PCN Form Version 4.3- December 4, 2023

G. Supplementary Information
1. Environmental Documentation
1a. Does the project involve an expenditure of public (federal/state/local)
❑ Yes ❑x No
funds or the use of public (federal/state) land? *
1 b. If you answered "yes" to the above, does the project require
preparation of an environmental document pursuant to the
requirements of the National or State (North Carolina) Environmental
El Yes El No
Policy Act (NEPA/SEPA)? *
1 c. If you answered "yes" to the above, has the document review been
finalized by the State Clearing House? (If so, attach a copy of the
❑ Yes ❑ No
NEPA or SEPA final approval letter.)
Comments:
2. Violations (DWR Requirement)
2a. Is the site in violation of DWR Water Quality Certification Rules (15A
NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300),
Federally Non -Jurisdictional Wetlands /Classified Surface Waters
❑ Yes ❑x No
(15A NCAC 2H. 1400) DWR Surface Water or Wetland Standards or
Riparian Buffer Rules (15A NCAC 2B .0200)? *
2b. If you answered "yes" to the above question, provide an explanation of the violation(s):
.:lick to enter.
3. Cumulative Impacts (DWR Requirement)
3a. Will this project (based on past and reasonably anticipated future
impacts) result in additional development, which could impact nearby
❑ Yes ❑x No
downstream water quality? *
3b. If you answered "no", provide a short narrative description:
The proposed project will provide road access to all the lots in the community. Future owners will decide if they
want to build a house or not, at a location of their choice. Additional stream impacts for future homesites cannot
be anticipated at this point.
3c. If yes, provide a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWR
policy. (Attach .pdf)
4. Sewage Disposal (DWR Requirement)
4a. Is sewage disposal required by DWR for this project? * ❑ Yes ❑x No ❑ N/A
Page 19 of 22 PCN Form Version 4.3- December 4, 2023

4b. If yes, describe in detail the treatment methods and dispositions (non -discharge or discharge) of wastewater
generated from the proposed project. If the wastewater will be treated at a treatment plant, list the capacity
available at that plant.
Future homesites will treat wastewater with septic systems.
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected
❑ Yes ❑x No
species or habitat? (IPAC weblink: https://www.fws.gov/ipac/ ffws.govl)
5b. Have you checked with the USFWS concerning Endangered Species
❑ Yes ❑x No
Act impacts? *
5c. If yes, indicate the USFWS Field Office you have contacted.
Choose one
5d. Is another federal agency involved? *
❑ Yes ❑x No ❑ Unknown
If yes, which federal agency?
Click to enter.
5e. Is this a DOT project located within Divisions 1-8? *
❑ Yes ❑x No
5f. Will you cut any trees in order to conduct the work in waters of the
U.S.? *
®Yes El No
5g. Does this project involve bridge maintenance or removal? *
❑ Yes ❑x No
5g1. If yes, have you inspected the bridge for signs of bat use such as
staining, guano, bats, etc.? Representative photos of signs of bat use
❑ Yes ❑ No
can be found in the NLEB SLOPES, Appendix F, pages 3-7.
Representative photos of signs of bat use can be found in the NLEB SLOPES, Appendix F, pages 3-7. Link to
NLEB SLOPES document: http://saw-reg.usace.army.mil/NLEB/1-30-17-signed NLEB-SLOPES&apps.pdf
If you answered yes to 5g1, did you discover any signs of bat use? *
❑ Yes ❑ No ❑ Unknown
If yes, please show the location of the bridge on the permit drawings/ project plans
5h. Does this project involve the construction/ installation of a wind
turbine(s)? *
❑ Yes ❑x No
If yes, please show the location of the wind turbine(s) on the permit drawings/ project plans (attach .pdf)
5i. Does this project involve blasting and /or other percussive activities
that will be conducted by machines, such as jackhammers,
❑ Yes ❑x No
mechanized pile drivers, etc.? *
If yes, please provide details to include type of percussive activity, purpose, duration, and specific location of this
activity on the property (attach .pdf)
5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated
Critical Habitat? *
A preliminary habitat assessment for federally protected species is included in Appendix C. The USFWS Critical
Habitat Mapper was used to check for critical habitat that could be affected by the project -
https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265ad4feO9893cf75b8dbfb77.
Attach consultation documentation.
Page 20 of 22 PCN Form Version 4.3- December 4, 2023

6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as
an Essential Fish Habitat? *
❑ Yes ❑x No
Is there submerged aquatic vegetation (SAV) around
the project vicinity? *
El Yes ❑x No El Unknown
Will this project affect submerged aquatic vegetation? *
❑ Yes ❑x No ❑ Unknown
Explain: Buncombe County is not in an anadromous
fish area.
6b. What data source(s) did you use to determine whether your site would impact Essential Fish Habitat?
NOAA's Essential Fish Habitat (EFH) Mapper. Accessed February 20, 2024, at
https://www.habitat.noaa.gov/apps/efhmapper/.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
Link to the State Historic Preservation Office Historic Properties Map (does not include archaeological data):
htti)://Qis.ncdcr.gov/hi)oweb/
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural
❑ Yes ❑x No
preservation status (e.g., National Historic Trust designation or
properties significant in North Carolina history and archaeology)?
7b. What data source(s) did you use to determine whether your site would impact historic or archeological
resources? *
Data gathered on February 20, 2024, from NC Historic Preservation Office's HPOWEB 2.0 - General Audience.
The only designated historic resources within a one -mile radius of the project boundary is Site ID — BNO137 —
Black Mountain College Historic District (Status — NRHD). This property is adjacent to the project site but is on
the opposite side of the ridge. The same owner of the designated historic property owns the ridge top parcel
between the main project parcel and the parcel with the historic district designation. Development proposed by
this project is consistent with the surrounding land use. It is the opinion of ClearWater that the proposed project
would have no effect on this nearby historic resource. Additionally, Buncombe County's regulations for screening
of development on steep slopes or protected ridges may apply to this project which would further (if possible)
reduce viewshed impacts from homesite development.
7c. Attach historic or prehistoric documentation.
8. Flood Zone Designation (Corps Requirement)
Link to the FEMA Floodplain Maps: https://msc.fema.,qov/portal/search
8a. Will this project occur in a FEMA-designated 100-year floodplain? *
❑ Yes ❑x No
8b. If yes, explain how the project meets FEMA requirements.
8c. What source(s) did you use to make the floodplain determination?
Project site covered by FEMA FIRM Panel 3700979000J (eff. 1/5/2010) — See Figure 7.
Page 21 of 22 PCN Form Version 4.3- December 4, 2023

H. Miscellaneous
Comments:
Click to enter.
Attach pertinent documentation or attachments not previously requested
I. Signature *
❑x By checking the box and signing below, I, as the project proponent, certify to the following:
• The project proponent hereby certifies that all information contained herein is true, accurate, and complete, to
the best of my knowledge and belief;
• The project proponent hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time;
• The project proponent hereby agrees that submission of this PCN form is a "transaction" subject to Chapter
66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• The project proponent hereby agrees to conduct this transaction by electronic means pursuant to Chapter 66,
Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act');
• The project proponent hereby understands that an electronic signature has the same legal effect and can be
enforced in the same way as a written signature; AND
• As the project proponent, I intend to electronically sign and submit the PCN/online form.
Full Name: * Tyson Kurtz
Signature:
Date: * 2/23/2024
Page 22 of 22 PCN Form Version 4.3- December 4, 2023

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Buncombe County, North Carolina. �__ J Project Boundary rT�"T1"T"rlCe� 1...arv�
Eagle Rock Cove (+/- 166 Ac) 0 500 1,000 2000 Mears An EnVlroSmence Company
Basemap courtesy of Esri. NAD 1983 2011 State Plane North Carolina FIPS 3200 Ft US

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Eagle Rock Cove (+/- 166 Ac)
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USDA Soils Map
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Eagle Rock Cove (+1- 166 Ac)
Pi
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Project Boundary
Project Boundary
F/ USDA Soil Units
AcD,Ashe-Cleve Ian d-Rock outcrop complex, 15 to 30 percent slopes, very stony
ArE,Ashe-Cleve land -Rock outcrop complex, 30 to 50 percent slopes, very boulder,;
A
f' ArF,Ashe-Cleveland-Rock outcrop complex, 50 to 95 percent slopes, very bouldery
EdE,Edneyville-Chestnut complex, basin, 30 to 50 percent s opes, stony
EdF,Edneyville-Chestnut complex, 50 to 95 percent slopes, stony
EwD,Evard-Cawee complex, basin, 15 to 30 percent slopes, stony
EwE,Evard-Cawee complex, basin, 30 to 50 percent slopes, stony
�I PwE,Porters-Unaka complex, 30 to 50 percent slopes, stony
PXF,Porters-Unaka complex, 50 to 95 percent slopes, rocky
RkF,Rock outcrop -Cleveland complex, 30 to 95 percent slopes, very l lr,ilclery
ToC,Taecane-Tusquitee complex, 8 to 15 percent slopes, bouldery
TpD,Toecane-Tusquitee complex, 15 to 30 percent slopes, very bouldery
TpE,Toecane-Tusquitee complex, 30 to 50 percent slopes, very bouldery
0 i5Q Oti Cflu uGti Fercl
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Isemap muA9a}' d Esc, 5a clala cn4�c�r of SSLI� xP.
.I r 31W. le-'l-h Garc.oa PIPS 3'100 F* US

Potential Non -Wetland
Waters of the US
SA - 976 L. F. (0.128 Ac)
Potential Non -Wetland
Waters of the US
SF - 198 L.F.
(0.025 Ac)
SC ; '4
Potential Non -Wetland
Waters of the US
SG - 23 L.F. (0.002 Ac)
Potential Non -Wetland JQOrA
Waters of the US W t/
SD - 1118 L.F. (0.322 Ac)
Potential Non -Wetland
Waters of the US
SE - 158 L.F. (0.019 Ac)
Potential Wetland
Waters of the US
WB - 0.003 Ac
Potential Non -Wetland
Waters of the US
SB - 1007 L.F. (0.173 Ac)
Potential Non -Wetland
Waters of the US
SC - 1646 L.F. (0.355 Ac)
Project Boundary
Potential Wetland
Waters of the US
WA - 0.0004 Ac
WA /
DP-WET-1
.. .�..,..
WA
0 25 50 100 Feet
I
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Potentially Jurisdictional Waters of the US
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Acres
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Acres
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0.322
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Jurisdictional wetlands and waters identified on this map have been located within sub -meter curacy utilizing a Trimble
Wetland
mapping grade Global Positioning System (GPS) and the subsequent differential correction of that data GPS po nts may
4.
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 fagged 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 detemt inations are subject to change until written verification is obtained. EnviroScience strongly
recommends that written verifcation 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 EnAroSc ence 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.
- a
Source Data Project Bound ry- Buncombe Co. GIS Parcels & Landworks Eng. PLLC (access road survey), Contours and
Aerial Imagery - NC OnelVap
Wetland and Stream Map
Delineated Aug. 14, 16,
Eagle Rock Cove
166 AC
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Figure 5
Buncombe Co. NC
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Appendix C:
Threatened and Endangered Species Review and
Habitat Assessment Report

Eagle Rock Cove
Approximately +/- 162 Acres
Buncombe County, NC
Preliminary Threatened and Endangered Species Review and Habitat
Assessment
Prepared For
Mr. Blair Sheppard
SHFT, LLC
2608 Erwin Road
Durham, NC 27705
Prepared By
CLearWaLer
An EnviroScience Company 0
145 7t" Avenue W
Suite B
Hendersonville, NC 28792
September 11, 2023

Table of Contents
1.0
INTRODUCTION.................................................................................................................. 2
2.0
METHODOLOGY.................................................................................................................
2
3.0
HABITAT CLASSIFICATION................................................................................................
3
3.1
Stream...............................................................................................................................3
3.2
Montane Oak Hickory Forest............................................................................................
3
3.3
Acidic cove forest..............................................................................................................
4
3.4
Headwater seep wetland...................................................................................................
5
3.5
Soils...................................................................................................................................5
4.0
PROTECTED SPECIES........................................................................................................
5
4.1
Appalachian Elktoe............................................................................................................
6
4.2
Bald Eagle.........................................................................................................................
6
4.3
Bog Turtle..........................................................................................................................
7
4.4
Gray Bat............................................................................................................................
8
4.5
Mountain Sweet Pitcher Plant...........................................................................................
8
4.6
Northern Long-eared Bat..................................................................................................
8
4.7
Rock Gnome Lichen..........................................................................................................
9
4.8
Tricolored Bat....................................................................................................................
9
5.0
CONCLUSION AND RECOMMENDATIONS.....................................................................
10
6.0
REFERENCES...................................................................................................................
12
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: Study Area Map
Figure 4: NRCS Soils Map
Appendices
Appendix A: US Fish and Wildlife Service IPaC - Official Species List and NC
Natural Heritage Program Data
Appendix B: Photolog

1.0 INTRODUCTION
The following report includes methods used and results for a threatened and endangered
species survey and habitat assessment for Eagle Rock Cove. The project site occupies
approximately 162 acres off Reeves Cove Road in Asheville, Buncombe County, North
Carolina (Figure 1). The site ranges in elevation from 2,760 feet to 3,760 feet above mean
sea level (MSQ (Figure 2).
The threatened and endangered species survey was conducted to determine the
occurrence of or the potential for existence of federally listed threatened and endangered
animal and plant species, in addition to the bald eagle, within the study area (Figure 3).
Completion of this survey was directed by and complies with three current state and
federal regulations: the Federal Endangered Species Act of 1973 (16 USC 1531-1543),
the North Carolina Endangered Species Act (N.C.G.S. Sect. 113 article 25), and the North
Carolina Plant Protection and Conservation Act of 1979 (N.C.G.S. Sect. 19b 106: 202.12-
22).
2.0 METHODOLOGY
The protected species surveys and habitat assessment was conducted on August 14 and
August 16, 2023, on the approximately 162-acre project by ClearWater, an EnviroScience
Company (ClearWater) to determine the potential for occurrences of animal and plant
species listed as endangered or threatened by current federal regulations, in addition to
the bald eagle.
An official species list was obtained through the US Fish and Wildlife Service (USFWS)
Information and Planning and Consultation (IPaC) on August 1, 2023, this species list
provides existing data concerning the presence or potential occurrence of threatened or
endangered species in the defined project boundary (Figure 3). The USFWS lists six (6)
federally threatened and endangered species, in addition to the bald eagle and bog turtle
(threatened due to similar appearance), as occurring or potentially occurring in the project
boundary.
Table 1. USFWS IPaC generated Official Species List for federally protected species
listed as potentially occurring within the project boundary.
Common Name
Scientific Name
Status
Appalachian elktoe
Alasmidonta raveneliana
Endangered
Bald eagle
Heliaeetus leucocephalus
BGPA'
Bog turtle
Glyptemys muhlenbergii
Threatened (S/A) 2
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'
' Protected by the Bald and Golden Eagle Protection Act.
2 Threatened due to similar appearance; not subject to Section 7 consultation.
3 Proposed endangered by USFWS on September 13, 2023
Clearwater, an EnviroScience Company Page 2
Project #18270 — Eagle Rock Cove

A database search from the NC Natural Heritage Program (NHP) dated August 1, 2022,
provided existing data concerning the presence or potential occurrences of federal and
state listed species in Buncombe County, North Carolina within a one -mile radius of the
site (Appendix A).
The NHP indicates no element occurrences (EO) of federally threatened or endangered
species as occurring within one mile of the project boundary.
During pedestrian field surveys conducted by ClearWater biologists, site habitats were
identified and compared with recognized habitats for eight 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 August 14 and August 16, 2023, ClearWater biologists identified
four (4) habitats within the project site: stream, montane oak hickory forest, acidic cove
forest, and headwater seep wetland. A general overview of the site and descriptions of
each habitat type are included below.
The project site is largely forested and exhibits two primary forest types: montane oak
hickory forest and acidic cove forest. Both forest types were more mesic in the valleys and
drier towards the ridges. The site contains an unnamed perennial stream running along
the northern boundary of the property. A former timber road traverses the site. The site
ranges in elevation from 2,760 feet to 3,760 feet above mean sea level (MSL) (Figure 2).
3.1 Stream
One relatively large unnamed perennial stream was located along the northern
boundary of the site. This stream is likely a first -order tributary that feeds into Spruce
Fork creek to the west. The stream was approximately 10-15 feet wide, and the
substrate consisted primarily of course -grained sand, large cobbles, and boulders.
The stream is in a steep valley and bordered by low -density residential development
to the north.
There are five perennial streams within the project area. These streams ranged in
width from high gradient, with reaches averaging between 2-6 feet wide. The
substrate throughout is primarily large boulders and rocky cobble, with step -pool
sequencing.
3.2 Montane Oak Hickory Forest
This habitat type was found throughout the property and ranged from more mesic
in valleys with a dense and diverse herbaceous understory to drier with less
herbaceous diversity along the ridges. The moderately aged trees in this habitat
are dominated by red hickory (Carya ovalis), tulip poplar (Liriodendron tulipifera),
northern red oak (Quercus rubra), sweet birch (Betula lenta), and basswood (Tilia
americana). Additional tree species include black locus (Robinia pseudoacacia),
tree of heaven (Ailanthus altissima), striped maple (Acer pensylvanicum), white
ash (Fraxinus americana), pignut hickory (Carya glabra), bitternut hickory (Carya
cordiformis), and black cherry (Prunus serotina). The shrub layer was sparse and
Clearwater, an EnviroScience Company Page 3
Project #18270 — Eagle Rock Cove

consisted primarily of saplings of the tree species found on site, with the addition
of American chestnut (Castanea dentata), alternate -leaf dogwood (Cornus
alterniflora), Eastern hemlock (Tsuga canadensis), and yellow buckeye (Aesculus
flava) .
The herbaceous layer was very dense and was dominated by black cohosh
(Actaea racemosa), American spikenard (Aralia racemosa), Christmas fern
(Polystichum acrostichoides), goldenrod (Solidago spp.), stinging nettle (Urtica
laportea), wood nettle (Laportea canadensis), and silvery glade fern (Deparia
acrostichoides). Yellow jewelweed (Impatiens pallida) was dominant in the mesic
valleys. Additional herb species in this habitat Virginia creeper (Parthenocissus
quinquefolia), poison ivy (Toxicodendron radicans), wild yam (Dioscorea villosa),
American bellflower (Campanula americana), false sunflower (Helipsis
helianthoides), lesser yellow lady's slipper (Cypripedium parviflorum), various
species of greenbrier (Smilax spp.), multiflora rose, hog peanut (Amphicarpaea
bracteata), white snakeroot (Ageratina altissima), scarlet beebalm (Monarda
didyma), wild sarsaparilla (Aralia nudicaulis), sweet joe pye weed (Eutrochium
purpureum), various species of violet (Viola spp.), rattlesnake root (Nabalis sp.),
jumpseed (Persicaria virginiana), pink turtlehead (Chelone lyonii), beech fern
(Phegopteris connectilis), wild hops (Clematis virginiana), wild basil (Clinopodium
vulgare), sweet cicely (Osmorhiza calytonii), richweed (Collinsonia canadensis),
American lopseed (Phryma leptostachya), bloodroot (Sanguinaria canadensis),
false solomon's seal (Maianthemum racemosum), fairybells (Prosartes spp.),
starry campion (Silene stellata), oriental bittersweet (Celastruc orbiculatus),
various species of Trillium (Trillium spp.), white wood aster (Eurybia divaricate),
mountain bellwort (Uvularia sessilifolia), Indian cucumber root (Medeola
virginiana), maidenhair fern (Adiantum spp.), American ginsing (Panax
quinquefolius), showy orchid (Galearis spectabilis), wild hydrangea (Hydrangea
arborescens), mayapple (Podophyllum peltatum), whorled loosestrife (Lysimachia
quadrifolia), wild licorice (Galium circaezans), various species of rue (Thalictrum
spp.), smooth spiderwort (Tradescantia ohiensis), and rattlesnake plantain
(Goodyera pubescens). Vines on site include pipevine (Aristolochia macrophylla),
grapevine (Vitis spp.), Virginia creeper, poison ivy and greenbrier.
Dominant tree species observed on the south facing side include northern sugar
maple (Acer saccharum), tree of heaven, and black locust. Shrubs, herbs, and
vines include yellow passionflower (Passiflora lutea), stinging nettle, greenbrier
and flowering raspberry (Rubacer odoratum).
3.3 Acidic cove forest
This habitat type was found to be more mesic in valleys and drier at the ridge.
Dominant tree species include chestnut oak (Quercus prinus), sourwood
(Oxydendrum arboreum), tulip poplar and sweet birch. Additional tree species
include American hophornbeam (Ostrya virginiana), northern red oak, black
cherry, striped maple, red maple (Acerrubrum), eastern hemlock, and red hickory.
The shrub layer consisted of eastern hemlock, flame azalea (Rhododendron
calendulaceum), spicebush (Lindera benzoin), buffalo nut (Pyrularia pubera),
blueberry species (Vaccinium spp.), mountain laurel (Kalmia latifolia), striped
maple, and sassafras (Sassafras albidum). On the northern facing slopes, this
Clearwater, an EnviroScience Company Page 4
Project #18270 — Eagle Rock Cove

habitat was dominated by rhododendron and mountain laurel in both the tree and
shrub stratum.
The abundance and diversity of the herb layer varied based on the abundance of
rhododendron and mountain laurel. Herbaceous species in this habitat include
Bluebead lily (Clintonia borealis), Indian cucumber root, Virginia creeper,
rattlesnake plantain, Appalachian rockcap fern (Polypodium appalachianum),
American spikenard, white wood aster, round -leaved violet (Viola rotundifolia), and
galax (Galax urceolata).
3.4 Headwater seep wetland
One small headwater seep wetland is present on the southern section of the site
along a south -facing slope. Thin mucky soils are present over bedrock or mineral
soil. Vegetation is sparse in this habitat, with no trees present in the canopy. Shrub
species were dominated by multiflora rose. The herb stratum consisted of yellow
jewelweed and clearweed (Pilea pumila).
3.5 Soils
Soils mapped by the Natural Resources Conservation Service (NRCS) Henderson
County Soil Survey are listed in Table 2 and shown in Figure 4 (NRCS 2023).
Table 2. USDA Soil Units occurrinq within the project boundary.
Map Unit
Symbol
Map Unit Name
AcD
Ashe-Cleveland-Rock outcrop complex, 15 to 30 percent slopes,
very stony
ArE
Ashe-Cleveland-Rock outcrop complex, 50 to 95 percent slopes,
very boulder
ArF
Ashe-Cleveland-Rock outcrop complex, 30 to 50 percent slopes,
very boulder
EdE
Edneyville-Chestnut complex, basin, 30 to 50 percent slopes, stony
EdF
Edneyville-Chestnut complex, 50 to 95 percent slopes, stony
EwD
Evard-Cowee complex, basin, 15 to 30 percent slopes, stony
EwE
Evard-Cowee complex, basin, 30 to 50 percent slopes, stony
PwE
Porters-Unaka complex, 30 to 50 percent slopes, stony
PxF
Porters-Unaka complex, 50 to 95 percent slopes, rocky
RkF
Rock outcrop -Cleveland complex, 30 to 95 percent slopes, very
boulder
TpD
Toecane-Tusquitee complex, 15 to 30 percent slopes, very bouldery
TpE
Toecane-Tusquitee complex, 30 to 50 percent slopes, very bouldery
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.
Clearwater, an EnviroScience Company Page 5
Project #18270 — Eagle Rock Cove

4.1 Appalachian Elktoe
Federally listed as endangered, the
Appalachian elktoe (Alismidonta
raveniliana) has a thin but not fragile,
kidney -shape shell, reaching up to
about 3.2 inches in length, 1.4 inches in
height, and 1.0 inch wide (Clarke 1981).
Juveniles generally have a yellowish -
brown periostracum (outer shell
surface) while the periostracum of the
adults is usually dark brown to
greenish -black in color. Although rays
are prominent on some shells, particularly in the posterior portion of the shell, many
individuals have only obscure greenish rays. The shell nacre (inside shell surface)
is shiny, often white to bluish -white, changing to a salmon, pinkish, or brownish
color in the central and beak cavity portions of the shell; some specimens may be
marked with irregular brownish blotches (adapted from Clarke 1981). Only two
populations of the species are known to survive. The healthiest of these
populations exists in the main stem of the Little Tennessee River between Emory
Lake at Franklin, Macon County, North Carolina, and Fontana Reservoir in Swain
County, North Carolina. The second population occurs in the Nolichucky River
system. The Appalachian elktoe has been reported from relatively shallow,
medium-sized creeks and rivers with cool, well -oxygenated, moderate- to fast -
flowing water. It has been observed in gravelly substrates often mixed with cobble
and boulders, in cracks in bedrock, and occasionally in relatively silt -free, coarse,
sandy substrates.
Suitable habitat for Appalachian elktoe is not present within the study area. The
unnamed tributaries that pass through the property are are, first order headwater
streams, too small to support Appalachian elktoe. It is the opinion of ClearWater
that the proposed project would have no effect on the Appalachian elktoe.
4.2 Bald Eagle
Bald eagles (Haliaeetus leucocephalus) were removed from the endangered
species list in August 2007 because their populations recovered sufficiently. Bald
and Golden eagles are protected under the Migratory Bird Treaty Act (MBTA) and
the Bald and Golden Eagle Act (Eagle Act)
Distinguished by a white head and white tail feathers, bald eagles are powerful,
brown birds that may weigh 14 pounds and have a wingspan of 8 feet. Male eagles
are smaller, weighing as much as 10 pounds and have a wingspan of 6 feet.
Sometimes confused with golden eagles, bald eagles are mostly dark brown until
they are four to five years old and acquire their characteristic coloring.
Bald eagles live near rivers, lakes, and marshes where they can find fish, their
staple food. Bald eagles will also feed on waterfowl, turtles, rabbits, snakes, and
other small animals and carrion. Bald eagles require a good food base, perching
areas, and nesting sites. Their habitat includes estuaries, large lakes, reservoirs,
Clearwater, an EnviroScience Company Page 6
Project #18270 — Eagle Rock Cove

rivers, and some seacoasts. In winter, the birds congregate near open water in
tall trees for spotting prey and night roosts for sheltering.
Based on a desktop review using 2022 aerial imagery, there are two potentially
suitable feeding sources for bald eagles were identified within a one -mile radius of
the project boundary: an approximately 34.4-acre impoundment of Beetree Creek
(Beetree reservoir) and an approximately 15.5-acre impoundment of Eden Creek
(Lake Eden). Bald eagles typically nest within 1-mile of suitable feeding sources.
ClearWater biologist conducted a foot survey of the project site to identify possible
bald eagle nests due to the proximity of potential feeding sources.
No bald eagle nests were observed within the project boundary. It is the opinion of
ClearWater that the proposed project is not likely to disturb nesting bald eagles.
4.3 Bog Turtle
The bog turtle (Clemmys muhlenbergii) is federally listed as threatened in North
Carolina. This is the smallest emydid turtle, and one of the smallest turtles in the
world. Adult carapace length is 7.9 to 11.4 cm (3.1 to 4.5 inches). The dark brown
or black carapace may be marked with radiating light lines or a light blotch on the
vertebral and pleural scutes. Scute annuli are usually prominent in juvenile and
young adult specimens, but the carapace may be nearly smooth in old adults. The
head, neck, and limbs 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 USFWS has
designated the southern population as "threatened (similarity of appearance)."
This designation prohibits collecting individual turtles from this population and bans
interstate and international commercial trade. It has no effect on land management
activities of private landowners in southern states where the bog turtle lives.
Potentially suitable habitat for bog turtle was not found on site. The wetland found
on site is too small and lacks the microtopographic structure and soil depth
required for breeding and nesting habits of the bog turtle. Furthermore, 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.
Clearwater, an EnviroScience Company Page 7
Project #18270 — Eagle Rock Cove

4.4 Gray Bat
The gray bat (Myotis grisescens) is the largest member of its genus in the eastern
United States. Its forearm measures 40-46 mm, and it weighs from 7-16 grams. It
is easily distinguished from all other bats within its range by its mono -colored fur.
All other eastern bats have distinctly bi-or tri-colored fur on their backs. Following
molt in July or August, gray bats are dark gray, but they often bleach to chestnut
brown or russet between molts (especially apparent in reproductive females during
May and June). The wing membrane connects to the foot at the ankle rather than
at the base of the first toe, as in other species of Myotis. Gray bats roost in caves
year-round. Most winter caves are deep and vertical; all provide large volume
below the lowest entrance and act as cold air traps. A much wider variety of cave
types are used during spring and fall transient periods. In summer, maternity
colonies prefer caves that act as warm air traps or that provide restricted rooms or
domed ceilings that are capable of trapping the combined body heat from
thousands of clustered individuals.
No naturally occurring suitable habitat (caves) for the gray bat was observed on
this site. Several rock outcrops were identified and inspected for caves along the
southern portion of the property (see Appendix B — Photolog). These rock outcrops
had small crevices and overhangs that were 3-4 feet deep maximum; too shallow
to be considered potentially suitable gray bat habitat. It is the opinion of ClearWater
that this project would have no effect on this species.
4.5 Mountain Sweet Pitcher Plant
Mountain sweet pitcher plant (Sarracenia rubra ssp. jonesii) is a carnivorous
perennial herb with tall, hollow pitcher -shaped leaves and red sweet-smelling
flowers. The hollow leaves contain liquid and enzymes. When insects fall into the
pitchers, they are digested, and the nutrients are incorporated into the plant's
tissues. The evolutionary role of carnivory in such plants is not fully understood,
but some evidence indicates that absorption of minerals from insect prey may allow
carnivorous species to compete in nutrient -poor habitats. The unusual red flowers
(yellow in rare cases) appear from April to June, with fruits ripening in August.
Flowering plants reach heights of 29 inches. Very little specific information is
available on the biology of the mountain sweet pitcher plant. Like other pitcher
plants, it has rhizomes that are probably long-lived and capable of persisting and
reproducing vegetatively for decades without producing seedlings.
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 the mountain sweet pitcher plant.
4.6 Northern Long-eared Bat
The Northern long-eared bat (NLEB) (Myotis septentrionalis) is a medium-sized
bat about 3 to 3.7 inches in length but with a wingspan of 9 to 10 inches. As its
name suggests, this bat is distinguished by its long ears, particularly as compared
to other bats in its genus, Myotis, which are 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
Clearwater, an EnviroScience Company Page 8
Project #18270 — Eagle Rock Cove

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 area on site is considered potentially suitable
summer habitat for NLEB.
Due to the presence of suitable summer habitat, the FWS will likely limit tree
clearing on site during the bat's active season (April 1-October 15 or November
15). 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. Additionally, due to
the location of the project site, FWS may enforce additional lighting conditions to
avoid adverse effects to this species.
It is the opinion of ClearWater that tree clearing conducted between November 16
and March 31 should support a may affect, not likely to adversely affect
determination for this species; however, consultation with FWS may still be
required due to the project's location. Tree clearing from October 15-November 15
may also result in a not likely to adversely affect determination, but additional data
on nearby occurrences of NLEB (non-public information) would be needed from
FWS.
4.7 Rock Gnome Lichen
Federally listed as an endangered species, rock gnome lichen (Gymnoderma
lineare) occurs on rocks in areas of high humidity either at high elevations (usually
vertical cliff faces) or on boulders and large rock outcrops in deep river gorges at
lower elevations. Distinguishing characteristics include dense colonies of narrow
(.04 inch) straps that are blue -grey on the upper surface and generally shiny -white
on the lower surface. Near the base they grade to black (the similar species of
Squamulose cladonias are never blackened toward the base). Fruiting bodies are
borne at the tips of the straps and are black (similar Cladonia species have brown
or red fruiting bodies). Flowering occurs July through September.
Suitable habitat for this species was not observed within the project boundary. The
identified rock outcrops were between 3,200-3,600 feet above mean sea level.
Rock gnome lichen habitat is typically above 5,000 feet, where clouds or fog
provide regular moisture required for suitable habitat. It is the opinion of
ClearWater that the proposed project would have no effect on the rock gnome
lichen.
4.8 Tricolored Bat
Tricolored bat (Perimyotis subflavus) is a small -sized bat that averages 3 to 3.5
inches in length with an average wingspan of approximately 9 inches. The fur color
Clearwater, an EnviroScience Company Page 9
Project #18270 — Eagle Rock Cove

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 -_. w „R.,•; ::r,
by the USFWS as of September 13, 2022. No formal federal management
guidelines for protecting this species and its associated habitat have been released
from USFWS. USFWS has 12 months after the closure of the public notice period
(ended November 14, 2022) to determine the final listing status of this species. If
this species becomes listed as threatened or endangered, federal management
guidelines will be set in place to minimize adverse impacts.
Potentially suitable summer habitat for this species was observed on site. The
forested areas contain several snags and mature 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 31 if the proposed endangered listing becomes effective.
ClearWater recommends avoiding tree clearing in the non -hibernation season,
between April 1 and October 31, to minimize potential impacts to this species. If
seasonal tree clearing is conducted in winter months, it would be the opinion of
ClearWater that this project may affect but is not likely to adversely affect the
tricolored bat.
5.0 CONCLUSION AND RECOMMENDATIONS
During completion of threatened and endangered species habitat assessment for the
Eagle Rock Cove site, ClearWater biologists observed potentially suitable summer habitat
for the northern long-eared bat and tricolored bat. To avoid potential impacts to NLEB,
ClearWater recommends limiting tree clearing activities to November 16 to March 30. FWS
may also require lighting specifications to minimize adverse effects to this species.
Consultation may be required with FWS for potential impacts to NLEB due to the project's
location.
Any updates to the proposed listing of the tricolored bat will also be provided if those
updates occur prior to commencement of this project.
Clearwater, an EnviroScience Company Page 10
Project #18270 — Eagle Rock Cove

It is of the opinion of ClearWater that the development of the Eagle Rock Cove site would not
affect federally protected species listed as potentially occurring within the project boundary,
with the potential exception of NLEB and tricolored bat.
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, an EnviroScience Company Page 11
Project #18270 — Eagle Rock Cove

6.0 REFERENCES
NCNHP (North Carolina Natural Heritage Program Database). 2023.
https://ncnhde.natureserve.org/; Accessed August 2023.
NCWRC. 2023. Appalachian Elktoe Distribution.
https://www.ncwildlife.org/Learning/Species/Mollusks/Appalachian-
Elktoe#3017843-distribution; Accessed August 2023.
NRCS (Natural Resources Conservation Service). 2023. Web Soil Survey for
Buncombe County.
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx; Accessed
August 2023.
USFWS. 2023. Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife
Service: Bald Eagle Protection Act of 1940.
https://www.fws.gov/laws/lawsdigest/baldegl.html. Accessed August 2023.
USFWS. 2007. Bald Eagle Fact Sheet.
https://www.fws. , oq v/mi , rg atorybirds/pdf/management/bald-eagle-fact-sheet.pdf;
Accessed August 2023.
USFWS. 2023. Appalachian elktoe. Environmental Conservation Online System.
https://ecos.fws. , og v/ecp/species/5039. Accessed August 2023.
USFWS. 2023. Tricolored bat. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/10515. Accessed August 2023.
USFWS. 2023. Gray Bat. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/6329; Accessed August 2023.
USFWS. 2023. Northern Long -Eared Bat. Environmental Conservation Online System.
https://ecos.fws. ,og v/ecp/species/9045; Accessed August 2023.
USFWS. 2023. Bog Turtle. Environmental Conservation Online System.
https://ecos.fws.gov/ecp/species/6962; Accessed August 2023.
USFWS. 2023. Rock Gnome Lichen. Environmental Conservation Online System.
https://ecos.fws. ,og v/ecp/species/3933; Accessed August 2023.
USFWS. 2023. Mountain Sweet Pitcher Plant. Environmental Conservation Online
System. https://ecos.fws.gov/ecp/species/4283; Accessed August 2023.
USFWS Information, Planning, and Consultation System. 2023.
https://ecos.fws.gov/ipac/; August 2023.
USFWS. 2023. Optimal Survey Windows for North Carolina's Federally Threatened,
Endangered, and At Risk Plants. https://www.fws. ovq /story/2022-03/north-
carolinas-federally-threatened-endangered-and-risk-plant-species; Accessed
August 2023.
Clearwater, an EnviroScience Company Page 12
Project #18270 - Eagle Rock Cove

Figures

Weaverville
>toney Knob
Grace
tford Hills
Asheville
Pleasant Grove
Beverly Hills
Shiloh
Valley Springs
Beech
Blackberry Inn
Project Boundary
Wilson
Grovemont
Swannanoa
Blue Ridge
Forest
J� Fairview
Figure 1. 0 2000 4,000 0,000 12000 F-
Vicinity Map. _
Buncombe County, North Carolina.—__J Project boundry FrT7T-rT71 O CLearter
Eagle Rock Cove (+/- 161.85 Ac) 0 500 1,000 2000 M-rs An EhvnnBcIcnca Company Q
iap courtesy of Esri. NAD 1983 2011 State Plane North Carolina FIPS 3200 Ft U

Figure 2. 0 500 1,000 2,000 Feel
USGS Topographic Map
1:24K Scale Quad: Craggy Pinnacle & �J Project boundry p [LearWater
Oteen.
Eagle Rock Cove (+/- 161.85 Ac) 0 245 490 Sao meters An Bh Vl n�551 C[Ycc Dartlpany
Basemap courtesy of National Geographic Society (201'... NAD 1983 2011 State Plane North Carolina FIPS 3200 Ft US

Basemap courtesy of Esn. NAD 1983 2011 State Plane North Carolina RIPS 3200 Ft US

i
Ed E
,
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EdFv
,
,
EdE
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iEdF
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AcD: Ashe Cleveland Rock outcrop complex, 15 to 30 percent
'
AcD
slopes, very stony
ArE: Ashe-Cleveland-Rock outcrop complex, 30 to 50 percent
slopes, very bouldery
ArF
ArF: Ashe-Cleveland-Rock outcrop complex, 50 to 95 percent
^.�
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slopes, very bouldery
EdE: Edneyville-Chestnut complex, basin, 30 to 50 percent
slopes, stony
i
EdF: Edneyville-Chestnut complex, 50 to 95 percent slopes,
stony
EwD: Evard-Cowee complex, basin, 15 to 30 percent slopes,
stony
j
EwE: Evard-Cowee complex, basin, 30 to 50 percent slopes,
---
stony
PwE: Porters-Unaka complex, 30 to 50 percent slopes, stony
\� --/ArF
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PxF: Porters Unaka complex, 50 to 95 percent slopes, rocky
RkF: Rock outcrop -Cleveland complex, 30 to 95 percent slopes,
very bouldery
TpD: Toecane Tusquitee complex, 15 to 30 percent slopes, very
bouldery
r,' 1 "sa
TpE: Toecane-Tusquitee complex, 30 to 50 percent slopes, very
bouldery
Figure 4.
USDA Soils Map
NRCS Web Soil Survey
9
Project Boundary
159 300 600 900 Fee[
Q
[�earWater
.._.._.._1
Eagle Rock Cove (+/- 161.85 Ac)
9
FS 159 300 Mete
An EhVh o&clen- Company Q
ap courtesy of Esri. Soil data courtesy of SSURGO. NAD 1983 2011 State Plane North Carolina FIPS 3200 Ft U

Appendix A:
US Fish and Wildlife Service I PaC -
Official Species List and 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: [phone] Fax: [phone]
In Reply Refer To:
Project Code: 2023-0111317
Project Name: Eagle Rock Cove
Y'ti9:r! h 44'Bk,LtYJft
r
August 01, 2023
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed and candidate species, as
well as proposed and designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The enclosed species list
fulfills the requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
Please note that new species information can change your official species list. Under 50 CFR
402.12(e) of the regulations implementing section 7 of the Act, the accuracy of this species list
should be verified after 90 days. The Service recommends you visit the ECOS-IPaC website at
regular intervals during project planning and implementation to ensure your species list is
accurate or obtain an updated species list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A biological assessment (BA) or biological evaluation (BE) should be completed for your
project. A BA is required for major construction activities (or other undertakings having similar
physical impacts) considered to be Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2) (c))
(NEPA). For projects other than major construction activities, the Service suggests that a BE be
prepared to determine effects of the action and whether those effects may affect listed species
and/or designated critical habitat. E?ects of the action are all consequences to listed species or
critical habitat that are caused by the proposed action, including the consequences of other

08/01/2023
activities that are caused by the proposed action. A consequence is caused by the proposed action
if it is reasonably certain to occur and would not occur "but for" the proposed action..
Recommended contents of a BABE are described at 50 CFR 402.12. More information and
resources about project review and preparing a BABE can be found at the following web link:
https://www.fws. gov/office/asheville-ecological-services/asheville-field-office-online-review-
process-overview.
If a Federal agency determines listed species and/or designated critical habitat may be affected
by the proposed project, the agency is required to consult with the Service pursuant to 50 CFR
402. The Service is not required to concur with "no effect" determinations from Federal action
agencies. If consultation is required, the Service recommends that candidate species, proposed
species, proposed critical habitat, and at -risk species be addressed within the consultation. More
information on the regulations and procedures for section 7 consultation, including the role of
permit or licensed applicants, can be found in the "Endangered Species Consultation Handbook"
at the following web link: https://www.fws.gov/media/endangered-species-consultation-
handbook.
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Act, there are additional responsibilities under the Migratory Bird Treaty Act (MBTA)
and the Bald and Golden Eagle Protection Act (BGEPA) to protect native birds from project -
related impacts. Any activity, intentional or unintentional, resulting in take of migratory birds,
including eagles, is prohibited unless otherwise permitted by the Service (50 C.F.R. Sec. 10.12
and 16 U.S.C. Sec. 668(a)). More information about MBTA and BGEPA can be found at the
following web link: https://www.fws.gov/program/migratory-birds.
We appreciate your consideration of Federally listed species. The Service encourages Federal
agencies to include conservation of threatened and endangered species in their project planning
to further the purposes of the Act. Please contact our staff at 828-258-3939, if you have any
questions. In any future correspondence concerning this project, please reference the
Consultation Code which can be found in the header of this letter.
Attachment(s):
• Official Species List
• USFWS National Wildlife Refuges and Fish Hatcheries
• Migratory Birds
• Wetlands

08/01/2023
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]

08/01/2023
VA
PROJECT SUMMARY
Project Code: 2023-0111317
Project Name: Eagle Rock Cove
Project Type: Acquisition of Lands
Project Description: land acquisition
Project Location:
The approximate location of the project can be viewed in Google Maps: https:
www.google.com/maps/(a)35.6306577,-82.38889947157776,14z
Counties: Buncombe County, North Carolina

08/01/2023
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
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. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME
STATUS
Gray Bat Myotis grisescens
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Northern Long-eared Bat Myotis septentrionalis
Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus
Proposed
No critical habitat has been designated for this species.
Endangered
Species profile: https:Hecos.fws.gov/ecp/species/10515
REPTILES
NAME STATUS
Bog Turtle Glyptemys muhlenbergii Similarity of
Population: U.S.A. (GA, NC, SC, TN, VA) Appearance
No critical habitat has been designated for this species. (Threatened)
Species profile: https://ecos.fws.gov/ecp/species/6962

08/01/2023
4
CLAMS
NAME
STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Mountain Sweet Pitcher -plant Sarracenia rubra ssp. jonesii Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/4283
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 HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.

Roy Cooper, Governor
■■■10 INC DEPARTMENT OF
■■ ■■ NATURAL AND CULTURAL RESOURCES
■ ONE
August 1, 2023
ClearWater Environmental Consultants, Inc.
ClearWater Environmental Consultants, Inc.
145 7th Avenue West
Hendersonville, NC 28792
RE: Eagle Rock Cove; 18270
Dear ClearWater Environmental Consultants. Inc.:
D. Reid Wilson, Secretary
Misty Buchanan
Deputy DirectDr, Natural Heritage Program
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide
information about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project
boundary. These results are presented in the attached `Documented Occurrences' tables and map.
The attached `Potential Occurrences' table summarizes rare species and natural communities that
have been documented within a one -mile radius of the property boundary. The proximity of these
records suggests that these natural heritage elements may potentially be present in the project area
if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one -mile
radius of the project area, if any, are also included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile
radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service
(USFWS) for guidance. Contact information for USFWS offices in North Carolina is found here:
httr)s://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.
Also please note that the NC Natural Heritage Program may follow this letter with additional
correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Land and Water Fund
easement, or an occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance,
please contact Rodney A. Butler at rod ney.butler�ncdcr.gov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
DE PA,PTmENT OF NATvPAi. AND Cui,TuPAi. KSOUaCES
FAX }r 7 r �'

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Appendix B:
Photo Log

Photo 1: Typical view of stream within northern portion of the site; looking upstream.
VI
4W-z
4'�'
� wfff������((yyya,,^�.�:�:'onn .rW yW � :, • +e °`•'{ 'r` l 1� p,AF ^ �� ..;r�` -_ : .
41 xfAy 11' �Vni x �' t-
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Photo 2: Typical view of stream within northern portion of the site; looking upstream.

0
OFT-
0 0 141.6

Photo 7: One of several rock outcrops found on site. All rock outcrops were investigated for caves that
could support hibernating bats, but no caves were present on site.
Photo 8: Typical view of acidic cove forest with sparse herbaceous layer.

Appendix D:
Abutting Landowner Information

PIN
Owner
Street Name
Address
City
State
ZIP
979013360100000
HOLMES JOSEPH M;HOLMES DEBORAH K
31 Eagle Rock Cove
29 Eagle Rock Cove
Swannanoa
NC
28778
979013834000000
GABRIEL HENRI;GABRIEL MEREDITH
109 Bear Trace Cove
4487 Kite Drive
Wadmalaw Is
SC
1 29487