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
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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
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I
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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
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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
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September 17, 2018
D Project Boundary
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Buffered Project Boundary
NHP Natural Area (NHNA)
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