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HomeMy WebLinkAbout20181319 Ver 1_401 Application_20181001Action History (UTC -05:00) Eastern Time (US & Canada) Submit by Anonymous User 9/25/2018 5:07:05 PM (Message Start Event) Accept by Montalvo, Sheri A 10/1/2018 10:05:20 AM (NON -DOT Project) The task was assigned to Montalvo, Sheri A. The due date is: September 28, 2018 5:00 PM 9/25/2018 5:07 PM Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20181319 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Select Reviewing Office:* Submittal Type:* 401 Application Zan Price:eads\gaprice Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* r Yes r• No Project Submittal Form Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all mandatory questions are answered. Project Type: r New Project r Pre -Application Submittal r More Information Response r Other Agency Comments F For the Record Only (Courtesy Copy) New Project - Please check the new project type if you are trying to submit a new project that needs an official approval decision. Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and do not have the expectation that your submittal will be considered a complete application requiring a formal decision. More Information Response - Please check this type if you are responding to a request for information from staff and you have and ID# and version for this response. Other Agency Comments - Please check this if you are submitting comments on an existing project. Project Contact Information Name: Alea Tuttle Who is subrritting the information? Email Address: alea@cwenv.com Project Information Project Name: Slechter Tract Is this a public transportation project? r Yes r No Is the project located within a NC DCM Area of Environmental Concern (AEC)? r Yesr No r Unknown County (ies) Buncombe Please upload all files that need to be submited. Click the upload button or drag and drop files here to attach docurrent 983—PCN—Submitted 9252018.pdf 8.33MB Only pdf or k rnz files are accepted. Describe the attachments: The attached document at the link below is a courtesy copy of a PCN for a NWP 39 and PJD Request for a 0.41 Acre parcel in Buncombe County. The PCN is for 100 LF of stream impact. V By checking the box and signing box below, I certify that: o I have given true, accurate, and complete information on this form; o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act") o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND I intend to electronically sign and submit the online form." Signature: Submittal Date: (Learwater Clearwater Environmental Consultants, Inc. September 25, 2018 Ms. Amanda Jones US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 www.cwenv.com RE: Slechter Tract ( +/-0.41 Acres) Nationwide Permit 39 Application & Preliminary Jurisdictional Determination Buncombe County, North Carolina Dear Ms. Jones, The attached Pre-Construction Notification (PCN) is being submitted on behalf of Little Black Dog, LLC represented by Mr. Ken Slechter. The project site is located off Charlotte Highway US 74 in Buncombe County. The project site is a+/-0.41 acre parcel with a physical address of 375 Old Charlotte Highway, Fairview, North Carolina (35.546156, -82.448587). The applicant is seeking a Nationwide Permit 39 for the authorization of permanent stream impacts associated with installing a culvert to accommodate the construction of a new parking lot. A Preliminary Jurisdictional Determination (PJD) request for the project site is also being submitted with the package. The site was delineated by ClearWater Environmental Consultants on June 29, 2018. Copies of this package have been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr. Byron Harnstead of the US Fish and Wildlife Service. Additionally, a courtesy copy has been sent to Zan Price of the NC Division of Water Resources . . Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments. Sincerely, Alea Tuttle, P.W.S. Biologist Copy Furnished: NC Wildlife Resources Commission -Andrea Leslie US Fish and Wildlife Resources Commission -Byron Hamstead NC Division of Water Resources -Zan Price 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel x~ R. Clement Riddle, P.W.S Principal Preliminary ORM Data Entry Fields for New Actions ACTION ID#: SAW- Prepare file folder D Begin Date (Date Received): Assign Action ID Number in ORM • 1. Project Name [PCN Form A2a]: 983-Slechter Tract 2 . Work Type: •Private •Institutional Ooovernment i ✓!Commercial 3. Project Descriptioh / Purpose [PCN Form B3d and B3e]: The project area is a+/-.41 AC tract ofland consisting of turf-grass, hardwoods, and an existing gravel parking lot. The gravel parking lot is planned for expansion, resulting in proposed I 00ft of impact to a perennial stream. a,- 4. Property Owner/ Applicant [PCN Form A3 or A4]: Little Black Dog LLC C/O Kenneth Slechter 5. Agent/ Consultant [PNC Form AS -or ORM Consultant ID Number): Clearwater Environmental Consultants, Inc. 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location-Coordinates, Street Address, and/or Location Description [PCN Form Bl b]: This project is located at 375 Old Charlotte Highway, Fairview, in Buncombe County, North Carolina. 35.546156, -82.448587 8. Project Location -Tax Parcel ID [PCN Form B 1 a]: g577-41 _343s 9. Project Location-County [PCN Form A2b]: Buncombe 10. Project Location-Nearest Municipality or Town [PCN Form A2c]: Fairview 11. Project Information -Nearest Waterbody [PCN Form B2a]: Gap Creek 12. Watershed/ 8-Digit Hydrologic Unit Code [PCN Form B2c]: French Broad I 0B010105 Authorization: Section 10 D Section 404 ! ✓ ! Section 10 and 404 D Regulatory Action Type: Standard Permit Nationwide Permit #39 Regional General Permit # Jurisdictional Determination Request BPre-Application Request Unauthorized Activity a Compliance No Pennit Required Revised 20150602 Department of the Army Wilmington District, Corps of Engineers Attn: Scott McLendon, Chief Regulatory Division PO Box 1890 Wilmington, NC 28402-1890 -and- NC DWR, Webscape Unit Attn: Karen Higgins Si 2,ro-rtit .Salisbury Street • Raleigh, North Carolina 27604 •· L the current landowner/managing partner of the property identified beJow, hereby authorize CJearWater Environmental Consultants;·1nc. (CEC) 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: l1rn .. e ~1.A~ /)06 lL C- Property Owner Address: /Z8 5'11)/lf,FC/le'S.T OIL AfHrllt(.J.R' , )Jc vG/Jb3 . Phone:Number: f32~, Z~,B -9713" Email address: Property Location: Owner/Managing partner Signature: ---A-~---.;:..._~~.,,,==-"''---',.__ ____ _ Owner/Managing printed name: Date: ~NJJ~fl-\ DA\J1 o SLeCJ-\ ~ 32 Clayton Street Asheville, NC 28801 Phone:828-698-9800 www.cwenv.com COUNTY OF BUNCOMBE, NORTH CAROLINA Web Property Record Card 9677-41-3438-00000 [« Back to Parcel Details Date Printed: 6/22/2018 Owner Information Parcel Information Total Property Value: 41,400 Owners: LlTI'LE BLACK DOG LLC Status: Active C/0 KENNETH DAVID Deed Date: 4/21/2016 Address: SLECHTER Deed Book/Page: 5417 /1398 128 STONECREST DRIVE Plat Book/Page: 0020/0074 ASHEVILLE NC 28803 Legal Reference: TRANSFER BY DEED Property 375 OLD CHARLOTTE HWY Location: 375 OLD CHARLOTl'E HWY Location: Taxing Districts Class: COMMVAC Neighborhood: HWY 74 MIDDLE County: Buncombe County Subdivision: MPNEWBERN City: Sub Lot: B&PTC Fire: FAIRVIEW Conservation/Easement: N School: Flood: N Ownership History Transfer Price Legal Reference Deed Qualified VacantWhen Seller Names Date Book/Page Sold 04/21/16 $40,000 TRANSFERBY 5417 /1398 Yes Yes RANDALLL DEED HOLCOMBE 08/17/06 $0 TRANSFERBY 4270 I 0904 No:C Yes CAROL HOLCOMBE DEED 03/28/02 $30,000 TRANSFERBY 2757 / 0236 Yes Yes JOSEPHINE CLARK DEED Assessment History Year Acres Land Bldgs Otherlmpr Assessed Desc Exemptions Deferred Taxable 2018 0.37 41,400 0 0 41,400 0 0 41,400 2017 0.37 41,400 0 0 41,400 0 0 41,400 2016 0.38 82,800 0 0 82,800 0 0 82,800 2015 0.38 82,800 0 0 82,800 0 0 82,800 2014 0.38 82,800 0 0 82,800 0 0 82,800 2013 0.38 82,800 0 0 82,800 0 0 82,800 2012 0.38 66,500 0 0 66,500 0 0 66,500 2011 0.38 66,500 0 0 66,500 0 0 66,500 2010 0.38 66,500 0 0 66,500 0 0 66,500 2009 0.38 66,500 0 0 66,500 0 0 66,500 2008 0.38 66,500 o 0 66,500 0 0 66,500 · 2007 0.38 66,500 o 0 66,500 0 0 66,500 2006 0.38 66,500 O 0 66,500 0 0 66,500 2005 0.38 29,700 0 0 29,700 0 0 29,700 2004 0.38 29,700 0 0 29,700 0 0 29,700 2003 0.38 19,900 0 0 19,900 0 0 19,900 2002 0.38 13,000 0 0 13,000 0 0 13,000 2001 0.38 10,700 0 0 10,700 0 0 10,700 Land Data Total Acres: 16,552 Land Value: 41,400 Other Value: o Square Feet Improvements Segment# Units Description 1 16,552 Square Feet SF-COMMERCIAL Total Building Value: o Office Use Only: Corps action ID no. ____ _ DWQ project no. _____ _ Form Version 1.4 January 2009 Pre-Construction Notification (PCN) Form A. Applicant Information 1. Processing 1a. Type(s) of approval sought from the Corps: I&] Section 404 Permit D Section 10 Permit 1 b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? •Yes I&] No 1d. Type(s) of approval sought from the DWQ (check all that apply): D 401 Water Quality Certification -Regular D Non-404 Jurisdictional General Permit D 401 Water Quality Certification -Express D Riparian Buffer Authorization 1e. Is this notification solely for the record For the record only for DWQ For the record only for Corps Permit: because written approval is not required? 401 Certification: I&] Yes •No •Yes I&] No 1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in-lieu fee program. D Yes I&] No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h •Yes I&] No below. 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? •Yes I&] No 2. Project Information 2a. Name of project: Slechther Tract parking 2b. County: Buncome 2c. Nearest municipality/ town: Asheville 2d. Subdivision name: 2e. NCDOT only, T.1.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Little Black Dog LLC 3b. Deed Book and Page No. 5417/1398 3c. Responsible Party (for LLC if Kenneth David Slechter applicable): 3d. Street address: 128 Stonecrest Drive 3e. City, state, zip: Asheville, NC 28803 3f. Telephone no.: 828-298-9732 3g. Fax no.: 3h. Email address: kensclechter@yahoo.com Page 1 of 10 PCN Form -Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: I&) Agent D Other, specify: 4b. Name: 4c. Business name (if applicable}: 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) Sa. Name: R. Clement Riddle Sb. Business name Clearwater Environmental Consultants Inc. (if applicable): Sc. Street address: 32 Clayton Street Sd . City, state, zip: Asheville, NC 28801 Se. Telephone no.: (828)698-9800 Sf. Fax no.: Sg. Email address: alea@cwenv.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9677-41-3438 1 b. Site coordinates (in decimal degrees): I Latitude: 35.546156 Longitude: -82.448587 1c. Property size: 0.41 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: Gap Creek 2b. Water Quality Classification of nearest receiving water: C;Tr 2c. River basin: French Broad 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The existing conditions at the site consists of a gravel parking lot, maintained turf-grass, and hardwood canopy. The immediate surrounding area is a commercial corridor of Alt 7 4-A, with residential and forested land use In the general vicinity. 3b. List the total estimated acreage of all existing wetlands on the property: 0.009 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 277.4 3d. Explain the purpose of the proposed project: The project Includes expansion of an existing gravel parking lot for commercial use, and construction of a storage garage. 3e. Describe the overall project In detail, including the type of equipment to be used: See Attached Supplemental Information 4. Jurlsdlctional Determinations 4a. Have jurisdictional wetland or stream determinations by the •Yes 181 No D Unknown Corps or State been requested or obtained for this property / orolect (including all prior ohases) in the cast? Comments: JD request included in Attachment A 4b. If the Corps made the jurisdictional determination, what type of determination was made? D Preliminary D Final 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: Name (if known): Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for •Yes l&JNo •Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? •Yes I&] No 6b. If yes, explain. Page3 of10 PCN Form -Version 1.4 January 2009 C. Proposed Impacts Inventory 1. Impacts Summary 1a. Which sections were completed below for your project (check all that apply): D Wetlands 129 Streams -tributaries D Buffers D Open Waters D Pond Construction 2. Wetland Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temoorarv (T) W1 -Choose one Choose one Yes/No - W2 -Choose one Choose one Yes/No - W3 -Choose one Choose one Yes/No - W4 -Choose one Choose one Yes/No - W5 -Choose one Choose one Yes/No - W6 -Choose one Choose one Yes/No - 2g. Total Wetland Impacts: 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 38. 3f. 3g. Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact number intermittent {INT)? jurisdiction stream length Permanent (P) or width (linear Temporary (T) (feet) feet) S1 p Culvert UT to Gap Creek PER Corps 4 100 S2 -Choose one -- S3 -Choose one -- S4 -Choose one -- S5 -Choose one -- S6 -Choose one -- 3h. Total stream and tributary Impacts 100 3i. Comments: Page 4 of 10 PCN Fom, -Version 1.4 January 2009 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then individually list all open water impacts below. 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or type Temporarv en 01 -Choose one Choose 02 -Choose one Choose 03 -Choose one Choose 04 -Choose one Choose 4f. Total open water Impacts 4g. Comments: 5. Pond or Lake Construction If oond or lake construction orooosed, then complete the chart below. 5a. 5b. 5c. 5d. Se. Pond ID number Proposed use or Wetland Impacts (acres) Stream Impacts (feet) Upland purpose of pond (acres) Flooded Filled Excavated Flooded Filled Excavated P1 Choose one P2 Choose one Sf. Total: Sg. Comments: Sh. Is a dam high hazard permit required? D Yes •No If yes, permit ID no: Si. Expected pond surface area (acres): Sj. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any imoacts reauire mitiaation, then you MUST fill out Section D of this form. 6a. Project is in which protected basin? D Neuse D Tar-Pamlico D Catawba D Randleman D Other: 6b. 6c. 6d. 6e. 6f. 6g. Buffer Impact Reason for impact Stream name Buffer Zone 1 Zone2 number-mitigation impact impact Permanent (P) or required? (square (square Temoorarv (Tl feet) feet) 81 -Yes/No 82 -Yes/No 83 . Yes/No 84 -Yes/No 85 -Yes/No 86 -Yes/No 6h. Total Buffer Impacts: 6i. Comments: Page 5 of 10 0. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The stream impact was limited to the minimal extent practicable in order to build a 0.25 acre parking area. The project avoids 64% of existing streams on the parcel. There are no proposed impacts to wetland areas. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Construction equipment will be operated from high ground to avoid impacts to the remaining jurisdictional features. Work will be completed in the dry by dewatering using a coffer dam and pump around system. Appropriate sediment and erosion control measures will be utilized on site. 2. Comoensatorv Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for D Yes I&! No impacts to Waters of the U.S. or Waters of the State? 2b. If yes, mitigation is required by (check all that apply): •DWQ •Corps D Mitigation bank 2c. If yes, which mitigation option will be used for this D Payment to in-lieu fee program project? D Permittee Responsible Mitigation 3. Complete if Using a Mltlaation Bank 3a. Name of Mitigation Bank: Type: Choose one Quantity: 3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity: Type: Choose one Quantity: 3c. Comments: 4. Complete if Making a Payment to ln-lleu Fee Program 4a. Approval letter from in-lieu fee program is attached. D Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: Choose one 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non-riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. Page 6 of 10 PCN Form -Version 1.4 January 2009 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) -required by DWQ 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? D Yes 0 No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund). 6h. Comments: Page 7 of 10 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1 a. Does the project include or is it adjacent to protected riparian buffers identified •Yes I&} No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. •Yes •No 2. Stormwater Manaaement Plan 2a. What is the overall percent imperviousness of this project? 6% 2b. Does this proiect reciuire a Stormwater Manaaement Plan? •Yes l&J No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The site is located within Buncombe County Phase II designated authority for stormwater control. The building footprint of 1500 sqft will Increase the parcel impervious area by 6%. The proposed 7500 sqft gravel lot will not be paved, and will not include curb and gutter. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: 2e. Who will be responsible for the review of the Stormwater Management Plan? Buncombe County 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Buncombe County l&I Phase II 3b. Which of the following locally-implemented stormwater management programs ONSW apply (check all that apply): OUSMP D Water Supply Watershed 0 Other: 3c. Has the approved Stormwater Management Plan with proof of approval been •Yes •No attached? 4. DWQ Stormwater Program Review gcoastal counties HQW 4a. Which of the following state-implemented stormwater management programs apply •ORW (check all that apply): •session Law 2006-246 •Other: 4b. Has the approved Stormwater Management Plan with proof of approval been •Yes •No attached? 5. DWQ 401 Unit Stormwater Review Sa. Does the Stormwater Management Plan meet the appropriate requirements? •Yes •No Sb. Have all of the 401 Unit submittal requirements been met? •Yes •No Page 8 of 10 PCN Form -Version 1.4 January 2009 F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/statenocal) funds or the 0Yes 181No use of public (federal/state) land? 1 b. If you answered "yes• to the above, does the project require preparation of an •Yes ONo environmental document pursuant to the requirements of the National or State (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval •Yes •No letter.) Comments: 2. Violations {DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, or Riparian Buffer Rules (15A NCAC 2B .0200)? •Yes 181 No 2b. Is this an after-the-fact permit application? •Yes 18JNo 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3, Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in •Yes 181 No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes• to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no,· provide a short narrative description. This project will not result in any additional development therefore, it will not impact downstream water quality. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No wastewater will be generated from the proposed project. Page 9 of 10 PCN Fom, -Version 1.4 January 2009 5. Endangered Species and Designated Critlcal Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or •Yes !&I No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act •Yes 181 No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. - 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? North Carolina Natural Heritage Data Explorer, and US Fish and Wildlife List of Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species for Buncombe county. CEC consulted the FWS Northern Long Eared Bat Consultation Areas map. (Attachment B) 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? •Yes 12g No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Habitat and Ecosystems IMC. Impact will not occur in a marine 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservation •Yes !&!No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? CEC consulted the NCSHPO GIS website. The project site is +/-1 mile West of Kerr House (#BN0918), which has been determined eligible for listing on the National Register of Historic Places. It is the opinion of CEC that the development of this project will not significantly affect this resource. 8. Flood Zone Designation (Corps Requirement) Ba. Will this project occur in a FEMA-designated 100-yearfloodplain? •Yes 181 No 8b. If yes, explain how project meets FEMA requirements: 8c. What source{s) did you use to make the floodplain determination? CEC consulted FIRM panel 3700967700J Effective 1/6/2010 Q.C\QMevtt ftJJ\e f@.n_ ~0P A,Jpli~re Applicant/Agent's Printed Name Date (Agent's signature Is valid only if an authorization letter from the annlicant is orovided.) Page 10 of 10 Supplemental Information Section B. Project Description Question 3e) The project includes building an approximately 1,500 ft2 garage and expansion of the existing gravel pad by approximately 7,500 ft 2 for parking. Impacts for this project will include temporary dewatering, and installing a 100 ft, 36 in culvert in the dry. Typical construction equipment will be used (i.e. backhoe, bulldozer, etc.) and operated from high ground. 983 Slechter Tract(+/-0.41 AC) Legend [CJ Project Area Drawn by AKT 8.22 .2018, CEC ProJecl# 98:S Buncombe County, North Carolina 0.25 Sources Esn, DeLonne, NAV Q.earWater 32 Clayton Street Asheville, North Carolina 28801 0.5 1 Miles USGS , NRCAN, METI, 1PC, TomTom Vicinity Map Figure 1 Buncombe County, North Carolina 983 Slechter Tract(+/-0.41 AC) 32 Clayton Street Asheville, North Carolina 28801 USGS Topographic Map Oteen Quad F igure 2 Buncombe County, North Carolina 32 Clayton Street Asheville, North Carolina 2880 1 Aerial Photograph NCCGIA Imagery (2015) Figure 3 Buncombe County, North Carolina 983 Slechter Tract(+/-0.41 AC) a..earwater 32 Clayton Street Asheville, North Carolina 28801 ,I i ' I I USDA Soils Figure 4 983 Slechter Tract(+/-0.41 AC) Potentially Jurisdictional Wetlands --Potentially Jurisdictional Streams --Culvert ~ Proposed Parking Lot Buncombe County, North Carolina Ci..earWater 32 Clayton Street Asheville, North Carolina 28801 Ex isnng Cham Ltnk Fence Impact Map Figure 5a 50 Fee1 lliiw IUof'SSll4U.O<SaWlllf c:wro UT.All F ""' CXITY ~TOIUIAlll!CIF~II' W.,,C/ISA/Cl8A(IS ,::-- ROW WTltl(fllDSI; $1-,cJEOlfPOa. /11'1ll!rl&P.29J ~-··•:·,.•:~;·· '·;•,. · ·,·,r:•:~~:r~J:i~:-:::7•~·•··', CNlfECOl#'!ElliOtlOff lMt Al'IMPNKMIDISLlllJffi>.UA~Of OMIISOffOIINfEXISllll:lffl/EMIIIIAl!Jt Pl..ANVIEW SECT/ONA-A ~ lllll!IUIICA CIICIS$5U110HOf-GlllllE ~ TO ~Alf Tlf' Ml~ W411'11 FIIOlll lllf ll'Qlll(-W'.4. 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MCHlNCll.GfSfflEflWJIWNIOFTHliMIUB:ll&11!CMIIWCSNIDSl'loBUAlDIOF'J!IOSE!NMSWl1H lll'IIAP. 91C610Hc:ama.llAMl!i1E. rn;. ~ •IIS!'fCl'MlYIUUIG,....\IIOU\DGPEJtA~ ,JHSl'fCT!/fr'IUOUllEl'NfDBIStJ!l:STl!EAMflN«ISHOrERf/f/t/G ,t0,lrlll'lll£Cllef(11111'111.fffl.~10£HSQIEPIWISAOfGIMRI.YlllfONO*TlROCIUIIOTFlQI' OIIEIICllfJ'flllloW IIO#taln.EMATIElll'OIEGUTNONmCll'ATE'1/CRFASE.Slfllfl!EAMWA'lllLAS.$. ~ -AIWSTOUIU'TSl'AM/tA'PIO'IIFIIWt EIIOSIOII ISHOTICSJ. •AlWST,....CN.N:nlfMIIUotDll)~SffltoWIMTm-. -Fiil lEAk$(1,1\'0THf~81JaJIE Oll<fS fl IIIATERIS Mor l'l1'111Ml INTO IIOllftJIIEA. PUMP AROUND PRACTICE IIOTf031CALE Figure 5B CULVERT TO BE EMBEDDED 6"-12" INTO EXISTING STREAM BED . NO WORK TO BE UNDERTAKEN WITHIN CREEKS OR CREEK BUFFERS BETWEEN OCT 15TH AND ' APRIL 15TH. TYPICAL CULVERT Figure 5c 983 Slechter Tract(+/-0.41 AC) 1 % Annual Chance Flood Hazard Regulatory Floodway Special Floodway Area of Undetermined Flood Hazard 0.2% Annual Chance Flood Hazard Future Conditions 1 % Annual Chance Flood Hazard Buncombe County, North Carolina Q.earWater 32 Clayton Street Asheville, North Carolina 28801 FEMA Floodplain Map FIRM Panel 37009677001 Figure 6 Site Photographs Photo 1: Stream Sl facing East (Upstream) September 24, 2018 Photo 2: Stream S2 Facing South (Downstream) September 24, 2018 ATTACHMENT A: Preliminary Jurisdictional Determination Request • US Army Corp& of Engineers - WIimington Olsllk:I Jurisdictional Determination Request This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.anny.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE &CHARWITEREGULATORY FIELD OFFICES US Anny Corps of Engineers WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 RALEIGH REGULATORY FIELD OFFICE US Anny Corps of Engineers WILMINGTON REGULATORY FIELD OFFICE US Anny Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: 69 Darlington A venue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D -PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current propertyowner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D -NCDOT REQUE STS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will b e conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the loc al offic e of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 P a ge I Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 375 Old Charlotte Hwy City, State: Fairview, NC County: Buncombe Parcel Index Number(s) (PIN): 9677 41-3438 B. REQUESTORINFORMATION Name: Clearwater Environmental Consultants Mailing Address: 32 Clayton Street Asheville, NC 28801 Telephone Number: 828-698-9800 Electronic Mail Address: clement@cwenv .com Select one: D I am the current property owner. j ✓ j I am an Authorized Agent or Environmental Consultant1 D Interested Buyer or Under Contract to Purchase D Other, please explain. _______________ _ C. PROPERTY OWNER INFORMATION2 Name: Little Blac k Dog LLC C/0 Ken Slechter Mailing Address: 128 Stonecrest Drive Asheville, NC 28803 Telephone Number: Electronic Mail Address: Kenslechter@yahoo.com 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request ( copy of Deed, County GIS!Parcelffax Record). Version: May 2017 Pagc2 Jurisdictional Determination Request \!5e :: * i I & A'i-ifflt &#f·• i&M9·1941;4 #e& W-i&iPii 3¥ i4-&-t r::JriPS· =ft•™™™ i4A :..,...y.;w§j,m 2\ffi -··• D. PROPERTY ACCESS CERTIFICATION3•4 By signing below, I authorize representatives of the Wilmington District, U.S. Anny Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, ifnecessaiy, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: D Owner I ✓ l Authorized Agent5 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) D I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. 0 I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. [lJ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting ~cess. LJ I intend to construct/develop a project or perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. D I intend to construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. a A Corps JD is required in order obtain my local/state authorization. I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. D I believe that the site may be comprised entirely of dry land. 0 Other: ______________________ _ 3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I ✓ I I am requesting that the Co.rps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or ''navigable waters of the United States"on a property. PJDs are sufficient as the basis for perm.it decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary' in the sense that an approved JD can be requested at any time. PJDs do not expire. D I am requesting that the Co.rps provide an approved JD for the property identified herein. • G. An Approved Jurisdictional Determination (AID) is a determination that jurisdictional ''waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site deteimined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved IDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AID will be posted on the Co.rps website. A landowner, permit applicant, or other "affected party'' (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area +/-0.41 acres. The property boundary ( or review area boundary) is clearly physically marked on the site. Version: May 2017 Page4 H. Jurisdictional Determination Request REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: 35.546156 Longitude: -82.448587 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 1 lxl 7 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved). 6 • North Arrow • Graphical Scale • Boundary of Review Area • Date • Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Ap_proved Jurisdictional Determinations: • Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. • Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. • Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. "Isolated", ''No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: • Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Pennit- PTL1_gc1.i111 1Jurh d11;l 1un• Version: May 2017 Page 5 Jurisdictional Determination Request Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary: Jurisdictional Determination Form7 and include the Aquatic Resource Table • • • • • AJDs. please complete an Approved Jurisdictional Determination Fonn8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NC SAM and/or NCW AM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms 7 www.saw.usace.anny .mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf 8 Please see http://www.saw.usace.anny.mil/Missions/Regulatmy-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department ofJustice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction isto be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for anAJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page6 Site Appendix 2 -PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 08-03-2018 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Willmington District D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Buncombe City: Fairview Center coordinates of site (lat/long in degree decimal format): Lat.: 35.546156 Long.: -82.448587 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Gap Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): D Office (Desk) Determination . Date: Iii Field Determination. Date(s): June 29, 2018 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Latitude Longitude Estimated amount Type of aquatic Geographic authority number (decimal (decimal of aquatic resource resource (i.e., wetland to which the aquatic degrees) degrees) in review area vs. non-wetland resource "may be" (acreage and linear waters) subject (i.e ., Section feet, if applicable) 404 or Section 10/404) S1 35.545982 -82.448573 125.4 Perennial Stream Section 404 S2 35.546167 -82.448726 152.0 Perennial Stream Section 404 W1 35.546055 -82.448778 .001 Wetland Section 404 W2 35.54600 -82.44840 .008 Wetland Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be"waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all t hat apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Ii] Maps, plans, plots or plat submitted by or on behalf of the PJD requester: Map:: Vicinity, USGS Topographic, Aerial, USDA Soil, Stream/Wetland Delineation, FEMA. Ii] Data sheets prepared/submitted by or on behalf of the PJD requester. D Office concurs with data sheets/delineation report. D Office does not concur with data sheets/delineation report. Rationale: --------' D Data sheets prepared by the Corps: ___________________ _ D Corps navigable waters' study: ______________________ _ Iii U.S. Geological Survey Hydrologic Atlas: _1_:2_4_K_/_O_t_e_e_n_Q_u_a_d ___________ , • USGS NHD data. • USGS 8 and 12 digit HUC maps. D U.S. Geological Survey map(s). Cite scale & quad name: ____________ _ D Natural Resources Conservation Service Soil Survey. Citation: ___________ _ D National wetlands inventory map(s). Cite name: ________________ _ D State/local wetland inventory map(s): ___________________ _ Ii] FEMA/FIRM maps: 3700967700J Effective 1/6/2010 D 100-year Floodplain Elevation is: _______ .(National Geodetic Vertical Datum of 1929) Ii] Photographs: Ii] Aerial (Name & Date): _N_C_C_G_IA_20_1_5 ____________ _ or D Other (Name & Date): _________________ _ D Previous determination(s). File no. and date of response letter: __________ _ D Other information (please specify): ____________________ _ IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. S ignature and date of Regulatory staff member completing PJD fl &-/J.Jl 'f-2Hr Signature and d~i;of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 983 Slechter Tract(+/-0.41 AC) ---4ft Contours ---Culvert ---Potentially Jurisdictional Streams Potentially Jurisdictional Wetlands Jurisdictional wetlands and waters identifred on this map have been located within sub- meter accuracy utilizing a Trimble mapping grade Global Positioning System {GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to topography, vegetative cover, and/or multipath signal error. Note: The illustrated wetland and stream locations are approximate. These aieas have been flagged in the field; however, they have not been surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers {Corps) is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination. This map was prepared by CEC using the best information· available to CEC at the time of production. This map is for informational purposes only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be construed to be an official survey of any data depicted. Source Data: Field data collected 6.29.2018. Buncombe County, North Carolina O-earWater 32 Clayton Street Asheville, North Carolina 2880 I Potentially Jurisdictional Waters Stream LF Wetland AC S1 125.4 Wl 0.001 S2 152.0 W2 0.008 Jurisdictional Deterrnintion Delineated June 29, 2018 Figure 7 ATTACHMENT B: Threatened and Endangered Species North Carolina Department of Natural and Cultural Resources Natural Heritage Program Governor Roy Cooper Alea Tuttle ClearWater Environmental Consultants 32 Clayton Street Asheville, NC 28801 RE: Slechter Tract Parking Lot; 983 Dear Alea Tuttle: Secretary SuSi H. Hamilton NCNHDE-6957 September 17, 2018 The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information about natural heritage resources for the project referenced above. Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are no records for rare species, important natural communities, natural areas, and/or conservation/managed areas withln the proposed project boundary. Please note that although there may be no documentation of natural heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists. In the event that rare species are found within the project area, please contact the NCNHP so that we may update our records. The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been documented within a one-mile radius of the property boundary. The proximity of these records suggests that these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of natural areas and conservation/managed areas within a one-mile radius of the project area, if any, are also included in this report. If a Federally-listed species is found within the project area or is indicated within a one-mile radius of the project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact information for USFWS offtees in North Carolina is found here: https:llwww.fws.gov/offices/Djrectory/ListOffices, cfm?statecode=37 . Please note that natural heritage element data are maintained for the purposes of conservation planning, project review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions. Information provided by the NCNHP database may not be published without prior written notification to the NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP data may not be redistributed without permission. The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or Federally-listed species are documented near the project area. If you have questions regarding the information provided in this letter or need additional assistance, please contact Rodney A . B utler at rodney,butler@ncdcr,gov or 919-707-8603. Sincerely, NC Natural Heritage Program MAILING ADDRESS: 1651 Mail Service Center Raleigh, NC 27699-1651 Telel)hone: (919) 707-8107 www.ncnhp .org LOCATION: 121 West Jones Slreet Raleigh, NC 27603 Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One-mile Radius of the Project Area Slechter Tract Parking Lot Project No. 983 September 17, 2018 NCNHDE-6957 Element Occurrences Documented Within a One-mile Radius of the Project Area tajconomtc · . eolo' icfemlifcltffimi . eS""~ 00 ~ tlfflre'&i ~ ~\~ Bi Group Observation Occurrence Status Status Qaa. Arlllk Dragonfly or 33442 Calopteryx amata Superb Jewelwing 2004-Pre H? 5-Very -Significantly Damselfly Low Rare Natural 19310 Low Elevation Basic -1986-08 A? 2-High --- Community Glade (Montane Subtype) Vascular Plant 17520 Draba ramosissima Branching Draba 1985-06 A 3-Medium --Special Concern Vulnerable Vascular Plant 14784 Euphorbia commutata Cliff Spurge 1986-08 B 3-Medium --Threatened Vascular Plant 17061 Euphorbia purpurea Gl~de Spurge 1986-07 C? 3-Medium ---Significantly Rare Throughout Vascular Plant 19812 Primula meadla Shooting-star 1969-05-23 H 3-Medium --Threatened G4 G2 G4 G5 G3 GS Vascular Plant 1079 Rudbeckia triloba var. Chauncey's Coneflower 1986-08 E 3-Medium --Significantly G5TNR beadlei Rare Throughout ~-!!~-~!/~r.!~s _po~~~e"1~.'L~it~I~ a ~ne-mile_ Ra_dius o!_~C?,!_~!.,-L ___ _ $1(id!fame ~ ~,"1?;1,,,:Sl,~~-t~ ~:.:!f.~:, Cedar Cliff/Little Cedar Mountain R2 (Very High) C4 (Moderate) No Managed Areas are Documented Within a One-mile Radius of the Project Area S1S2 S2 S2 S1 S3 S2S3 S1 Definitions and an explanation of status designations and codes can be found at https·(lncnhde natureserye grglcgntentlhelp Data query generated on September 17, 2018; source: NCNHP, Q3 July 2018. Please resubmit your lnfom,ation request if more than one year elapses before project initiation as new information is continually added to the NCNHP database. Page 2 of 3 \ 1; -,.,.,,~ ~y , .... ..,, J ~ .. -(- •c,•.,.., ... ,. ," •i ~-• ~ ~ -~ .. "' \._,O' t " ~o f • " ! 1 1'. 4 , i 4 ~-· ' -::f~ .. ~".;: •.;~ 'i ~ ~. 1., ,. t ~ '"''"" •J, r fi ~:~ ~ ~ ~~-; "4b,r,•----J' ........... ,.,, .. ~-,.:; I '6 ~~,. • !I ,j' ,$ , ..... ~ ~ > ~ " . "' ~ 0 .. ~ I' (; c; ~t ~c.,:fflr. l t ~ <5 ~-, .. ,.\t.i,_...<- • ,.,-'~•~c,..,~c, •' ,:,~o '•A ""'''•c "'•~ff --~,""' Colt••'""' Mounte,4 -,,.1'\' ~.,,, (.)'-¾~., ',\,u(Mo4'1t,, ! Q ;, I ,$ ,r ':-,~<'- lw+•~--, :. \ l'i'd ....... "· ". I••-~ September 17, 2018 D Project Boundary • m Buffered Project Boundary NHP Natural Area (NHNA) Page 3 of3 \ '1' • \ ~ .-~ °'• >!' i f<.,f-:~~ J'ffJl•O' I "' 0 I 0 ~ .,~t: "'~ o, 0.175 0.275 1:20,595 0.35 I I I I 0.55 0.7 ml I I I I I t 1.1 lun Sau-lori. MERii, Qo-, •-_,, P Cotp., GIBCO. llSGS, RtoO, NP8, NRCAN, -. ICDI. -NL.-eun.,, Eari- 111!11, Ell! Cln (Hong Ko,e~ -• • OponSw--., -..S .... GIS u ... conmuna,