20181409 Ver 1_401 Application_20181015

Action History (UTC -05:00) Eastern Time (US & Canada)
Submit by Anonymous User 10/15/2018 9:00:02 AM (Message Start Event)
Accept by Montalvo, Sheri A 10/16/2018 2:47:41 PM (NON -DOT Project)
The task was assigned to Montalvo, Sheri A. The due date is: October 18, 2018 5:00 PM
10/15/2018 9:00 AM

Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#*
20181409
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 - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
owed?* r $570.00

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: F New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r 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: Clement Riddle
Who is subrritting the information?
Email Address: [e-mail]
Project Information
Project Name: The Preserve at Avery's Creek
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes(' 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
810_Averys Creek—Permit Final—Submitted
2MB
10.15.18.pdf
Only pdf or lore files are accepted.
Describe the attachments:
USACE Nationwide Permit 29 After -The -Fact Application for The Preserve at Avery's Creek in Buncombe
County, NC.
PF By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
• 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")

• 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
o I intend to electronically sign and submit the online form."
Signature:
�. AWA
Submittal Date:

CLearWaLer
C1earWater Environmental Consultants, Inc.
www.Cwenv Com
October 15, 2018
Ms. Amanda Jones
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9th Floor
Raleigh, North Carolina 27604
RE: Nationwide Permit 29 After -The -Fact Application
The Preserve at Avery's Creek
Avery's Creek, LLC
Buncombe County, North Carolina
SAW Action Id. No. 2016-02051
Dear Ms. Jones and Ms. Higgins,
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Avery's
Creek, LLC represented by Mr. Frederick Spiegel. The project is known as The Preserves at
Avery's Creek Subdivision and the property (parcel #9634-23-2322-00000) is located North of
Avery Creek Rd, Arden, in Buncombe County, North Carolina (35.465721, -82.586755). The
applicant is seeking an after -the -fact (ATF) Nationwide Permit 29 for the authorization of
permanent and temporary wetland and stream impacts associated with the construction of a
residential subdivision, associated road crossings, and a temporary utility impact.
Please reference the "General Permit (Regional and Nationwide) Verification" dated December
14, 2016 sent by the US Army Corps of Engineers (Corps) in response to the permit application
submitted by Davis Civil Solutions PA, on behalf of Avery's Creek LLC, requesting written
authorization for the excavation and placement of fill associated with the construction of a
residential community. This permit authorized 44 linear feet of stream impact and 0.07 acres of
wetland impact and is attached for review (Attachment A). During the construction phase,
impacts exceeded the previously authorized stream length. The applicant respectfully requests
that an ATF permit be issued to include new total impacts for the property reflected in the
updated site development plans included. (sheets C1 and C2).
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel

The Preserve at Avery's Creek
October 15, 2018
Page 2 of 2
It is the opinion of ClearWater Environmental Consultants, Inc. that this application addresses
unresolved issues associated with the N.C. Department of Water Resources "Notice -of -Violation"
(NOV) dated. August 1, 2018 (#NOV-2018-SS-0013), as well as the Corps "Notification of
Unauthorized Activity" (UA) letter dated September 6, 2018 (SAW -2016-02051).
Copies of this ATF application have been sent to Mr. Zan Price of the NC Division of Water
Resources, Ms. Andrea Leslie of the NC Wildlife Resources Commission, and Mr. Byron Hamstead
of the US Fish and Wildlife Service.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
/, �
R. Clement Riddle, P.W.S.
Principal
cc: NC Division of Water Resources — Zan Price
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife Service — Byron Hamstead

Preliminary ORM Data Entry Fields for New Actions
SAW — 201 - BEGIN DATE [Received Date]:
Prepare file folder ❑ Assign Action ID Number in ORMFI
1. Project Name [PCN Form A2a]: The Preserve at Avery's Creek
2. Work Type: Private ❑0 Institutional F—I Government D Commercial
3. Project Description / Purpose [PCN Form Bad and Be]:
The proposed project includes the development of a residential subdivision in Arden, NC.
4. Property Owner/ Applicant [PCN Form A3 or A4]: Avery's Creek, LLC; Frederick B. Spiegel
5. Agent / Consultant [PCN Form A5 - or ORM Consultant ID Number]: ClearWater Environmental Consutlants
6. Related Action ID Number(s) [PCN Form 135b]: SAW -2016-02051
7. Project Location -Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
The property is located North of Avery Creek Rd, Arden, in Buncombe County, North Carolina
(35.465721, -82.586755)
8. Project Location -Tax Parcel ID [PCN Form 131a]: 9634-23-2322-00000
9. Project Location -County [PCN Form A2b]: Buncombe
10. Project Location - Nearest Municipality or Town [PCN Form A2c]: Arden
11. Project Information - Nearest Waterbody [PCN Form 132a]: Unnamed Tributaries to Avery Creek
12. Watershed / 9 -Digit Hydrologic Unit Code [PCN Form 132c]: 06010105
Authorization: Section 10 11 Section 404 7 Section 10 & 404 F1
Regulatory Action Type:
Standard Permit
✓ Nationwide Permit # 29
Regional General Permit #
[] Jurisdictional Determination Request
Pre -Application Request
✓ Unauthorized Activity
Compliance
No Permit Required
Revised 20150602

CLea"Ler
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
512 North Salisbury Street
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (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: e a fe .r C gZX X
Property Owner Address: / 1A1�w of yP *Vv e—
Phone Number:
Email address:
Property Location: W,(�A,C `!% ey, r dN Ayr !j� , CA «lt' p p
Owner/Managing partner Signature:
Owner/Managing printed name: /_ �[ �� �'�` ► �'�'v G r 2
Date: r ��
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.cwenv.com

plot wATER4
Cl.
c
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:
Q Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number. 29 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes NX No
1 d. Type(s) of approval sought from the DWQ (check all that apply):
0 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes © 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.
Q Yes ❑ No
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
N Yes NX No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes © No
2. Project Information
2a. Name of project:
Avery Creek
2b. County:
Buncombe
2c. Nearest municipality / town:
Arden
2d. Subdivision name:
The Preserve at Avery's Creek
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Avery's Creek, LLC
3b. Deed Book and Page No.
5663/1749
3c. Responsible Party (for LLC if
applicable):
Frederick B. Spiegel
3d. Street address:
21 Palm Ave.
3e. City, state, zip:
Miami Beach, FL, 33139-5137
3f. Telephone no.:
828-258-1762
3g. Fax no.:
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
Q Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
R. Clement Riddle
Clearwater Environmental Consultants
5c. Street address:
32 Clayton Street
5d. City, state, zip:
5e. Telephone no.:
Asheville, NC 28801
828-698-9800
5f. Fax no.:
5g. Email address:
[e-mail]
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9634-23-2322-00000
1b. Site coordinates (in decimal degrees):
Latitude: 35.465721 Longitude: -82.586755
1 c. Property size:
36.6 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Unnamed Tributary to Avery Creek
2b. Water Quality Classification of nearest receiving water:
B
2c. River basin:
French Broad 1 HUC: 06010105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project area is primarily undeveloped forest, open mowed grassy area 1 abandoned agricultural pasture and under construction residential.
Surrounding land is in forested, commercial, residential, and agricultural uses.
3b. List the total estimated acreage of all existing wetlands on the property: 0.17
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 2,144
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to develop a residential subdivision and associated infrastructure.
3e. Describe the overall project in detail, including the type of equipment to be used:
See Attachment B
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property 1
project (includingall riot phases)in the past?
❑X Yes ❑ No ❑ Unknown
Comments: Approved JD issued s.4.2015
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary © Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): Kevin Mitchell
Agency/Consultant Company: Clearwater Env. Consultants
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Approved JD Issued August 4, 2015 by Tasha Alexander. AcdonlD# 2015-01154 (Attachment C)
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Dyes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
NWP 29 issued 12/14/2016 (expired 311712017) SAW -2016-02051 (Attachment A)
6. Future Project Plans
6a. Is this a phased project?
❑ Yes Q No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑X Wetlands Q Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 P
Fill
Headwater Wetland
Yes
Corps
0.06
W2 P
Fill
Headwater Wetland
Yes
Corps
0.01
W3 -
Choose one
Choose one
Yes/No
-
W4
Choose one
Choose one
YesJNo
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
YeslNo
-
2g. Total Wetland Impacts:
0.07
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.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Culvert
S1- UT Avery Creek
PER
Corps
6
101
S2 P
Fill
S2- UT Avery Creek
INT
Corps
4
112
S3 T
Utility Crossing
St- UT Avery Creek
PER
Corps
6
5
S4 T
Stabilization
S1 - UT Avery Creek
PER
Corps
6
20
S5 -
Choose one
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
238
31. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open
water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
impact number
Name of waterbody
(if applicable)
Type of impact
Waterbody
Area of impact (acres)
Permanent (P) or
type
Tem ora T
01
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
5b.
5c.
5d.
5e.
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
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
51. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba
❑ Randleman ❑ Other:
6b. 6c. 6d.
6e. 6f.
6g.
Buffer Impact Reason for impact Stream name
Buffer Zone 1
Zone 2
number —
mitigation impact
impact
Permanent (P) or
required? (square
(square
Temporary T
feet)
feet
B1 -
Yes/No
B2 _
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 _
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
61. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
i. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project avoids 90 percent of streams and avoids 59 percent of wetlands. Stream impacts were further minimized by using vertical retaining walls
for the road culvert.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
This is an after the fact permit, however, construction equipment was operated from high ground to avoid impacts to the remaining stream segment
during culvert installation.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for © Yes No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
Q DWQ 0 Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
0 Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation 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 In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
101 linear feet
4c. If using stream mitigation, stream temperature:
cool
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 I
6a. Will the project result in an impact within a protected riparian buffer that requires Yes No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
la. Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑ Yes Q No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperiousness of this project?
18.94%
2b. Does this project reuire a Stormwater Management Plan?
©Yes ❑ No
2C. If thin nmiPrrt r)r)FC Nr)T rom circ a C+nrmwm#mr RA�­a. mnf Dim., -1^:.
2d. If this project DOES require a Stormwater Management Pian, then provide a brief, narrative description of the plan:
A storm -water management plan prepared by Davis Civil Solutions inc. will be reviewed and approved by Buncombe County. Buncombe County
is a delegated local authority for the review and approval of storm -water management plans.
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this Droiect?
3b. Which of the following locally -implemented stormwater management programs
apply (check all that apply):
Buncombe County
Buncombe County
❑x Phase II
❑ NSW
❑ USMP
❑Water Supply Watershed
❑ Other.
3c. Has the approved Stormwater Management Plan with proof of approval been ❑Yes © No
j attached?
4. DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a. Which of the %flowing 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 El Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No
Page 8 of 10
PCN Form —Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
la. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes © No
use of public (federal/state) land?
1b. If you answered 'yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
Oyes ❑ No
(North Carolina) Environmental Policy Act (NEPAISEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
Oyes ❑ No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
X❑Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
See attachment B
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes Q No
additional development, which could impact nearby downstream water quality?
3b. If you answered 'yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is in a previously developed residential and commercial corridor. The proposed project will not result in additional development,
which could impact nearby downstream water quality.
4` Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
=the project, or available capacity of the subject facility.
Wastewater generated of the site will be conveyed via sanitary sewer and treated at the local municipal wastewater treatment plant. A temporary
stream crossing for connection to the sanitary sewer system is Included in the site development plans (sheet Cl).
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑ Yes Q No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act 1
impacts? 1 ❑ Yes X❑ No
5c. if yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Attachment D
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑Yes © No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystems IMS. impact will not occur in a marine system.
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?
NC State Historic Preservation Office mapping utility (HPOWEB). There are no NRNP sites within 1 mile. The DuBose House (HPO ID: BN1840),
located approximately 0.5 mile south of the site is on the study list, but does not currently have NRHP status. .
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
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 3700963400) Effective 1/6/2010 (Figure 6).
R. Clement Riddle 1rC
!� 4�4&
❑ Yes © No
Applicant/Agent's Printed Name I Applicant/Agent's Signature
i+ (Agent's signature is valid only if an authorization
letter from the aDDlicant is nrovided.I
Page 10 of 10
Date

Parcel Information

COUNTY OF BUNCOMBE, NORTH CAROLINA
Web Property Record Card
9634-23-2322-00000
<a Back to Parcel Details Date Printed: 5/22/2018
Owner Information Parcel Information Total Property Value: o
Fire: SKYLAND Subdivision:
School: Sub Lot: 2
Conservation/Easement: N
Flood: N
Ownership History
No Owner History
Assessment History
Land Data Total Acres: Land Value: I Other Value: c
0 o Improvements
Status:
Active
Owners:
AVERY'S CREEK LLC
Deed Date:
5/15/2018
Address:
21 PALM AVE
Deed Book/Page:
5663/1749
MIAMI BEACH FL 33139-5137
Plat Book/Page:
0189/0023
Property Location: 99999 CLIFFSRIDGE PKWY
Legal Reference:
TRANSFER BY DEED/MERGE
Taxing Districts
Location:
99999 CLIFFSRIDGE PKWY
County:
Buncombe County
Class:
UNDEVELOPED TRACT
City:
Neighborhood:
AVERY CREEK
Fire: SKYLAND Subdivision:
School: Sub Lot: 2
Conservation/Easement: N
Flood: N
Ownership History
No Owner History
Assessment History
Land Data Total Acres: Land Value: I Other Value: c
0 o Improvements

Wsrkfloy) N.•. W00461849-0001
Ile■1■NNEME■EMNIN 0M
Me ID: 081760380008 TYPa: CAP
Recorded: O6%t6/2018 at tY:36:12 PM
Fee Amt: ;28.00 Paps t of a
rk
Rs us Tax: $0.00
We flow t100Ds67840-0001
Buncombe County no
Draw Rsisi.nper �Isplater of Desda
5663 1749-1751
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax: -0-
Parcel identifier No. 9534-14-4530 Verified by Bun tAm County on the _ day of May, 2018.
By:
MaiVBox to: Deutsch dt Gootschalk. P.A. Box 71
This instrument was prepared by: Robert ]. Deutsch. a N.C. licensed gamey, Deutsch & GoilschatL P.A.
Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds.
Brief description for the Index:
THIS DEED made this 7th day of May, 2018, by and between
GRANTOR GRANTEE
Cliffs Ridge, W.C., a Florida limited liability company Avery's Creek, LLC., a Florida limited liability company
21 Palm Avenue 31 Palm Avenne
Miami Beach. FL 33139 Miami Beach, FL 33139
WITNESSETH, that the Grantor, lbr a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged,
has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land
situated in Buncombe County, North Carolina and more particularly described as follows:
BEING ALL THAT PROPERTY SET FORTH ON EXHIBIT "A "ATTACHED HERETO AND
INCORPORATED HEREIN BY REFERENCE.
(12173D41)NC BarAtrodabou Fares No. 3 O 1976, XcV1Wd ®111&010
PtinW by Ageeeeaeat with foe NC Bar AnadNion
Book: 5663 Page: 1749 Page 1 of 3

z
THIS DEED HAS BEEN PREPARED BY "['ElE LAW FIRM OF DEUTSCH &
GOZTSCHAM P.A., BY ROBERT J DEUTSCH, A LICENSED NORTH CAROLINA
ATTORNEY, WITHOUT REVIEW OR EXAMINATION OF THE HEREIN Da'SCRIM
PROPERTY AND NO 0PIN1ON OR REPRESENTATIONS ARE BEING MADE, FMIER
EXPRESS OR DVLiED, BY SAID LAW FIRM OR ANY OF ITS ATTORNEYS.
DELINQUENT TAXES, IIF ANY, SHALL BE PAID BY THE CLOSING ATTORNEY TO THE
COUNTY TAX COLLECTOR UPON DISBURSEMENT OF CLOSING PROCEEDS,
The property hereinabove descr[bW was acgWred by Grantor by instrument recorded in Book 5309, Page 1195.
All or a portion of the property herein conveyed — includes or ! does Rot include the primary maidens of a Grantor.
A map showing the above described property is recorded in Plat Book 144, page 165.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appu mt na ees thereto belonging to the
Grantee in fee simple.
And the Grantor covermnts with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same
in flee simple, that title is marketable and free and clear of al( encumbrances, and that Grantor will warrant pod deftnd the title
against the lawful claims of all persons whomsoever, other than the following exceptions:
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
CLIFFS RIDGE, LLC., a Florida limited lialnft coaxpany
By: k B. S ,
Buncombe County, North Carolina
I certify that the following pervon(s) personally appeared before me this day, each acknowledging to me that
he or she volimtarily signed. the foregoing doe meat for t a purpose stated therein and in the capacity indicated;
MrfWA Cut
Qt, �l.i�c.•, �f,q�{or
Date:
pnn+n+grey
f e 14 O rq�y
'P,� Printed Name, Notary Public
a
i
oA Get 1C My Commission expires: ir0 '30 -Al
(12374M)NC BixAmodifice Form No. 3 01976, RavisW O IMAM
Printed by AgwaW trim ma NC Bw AtswJWun
Book: 5663 Paye: 1749 Page 2 of 3

3
EXHIBPP A
BEING all of Lot 2A, containing 2.003 Rete$, as per plat entitled "Recombination Survey of the
Properties of Cliffs Ridge, LLC., a Florida Limited Liability Company (Tract 1) & Avery's
Creek, LLC., a Florida Limited Liability Company (Tracts 2 & 3)" thereof recorded in Plat
Book 189, page 23, Buncombe County Reglstry, being a recombination of Tracts 1 and 2 as
recorded in Plat Book 144, Page 165, to which reference is made for a more perfect description_
Tax PIN: Portion of 9634.144530
(123750421
Book: 5663 Page: 1749 Page 3 of 3

Figures 1-6

The Preserve at Avery's Creek (+/- 36.6)

The Preserve at Avery's Creek (+1- 36.6}
ILT
ra
-41
VMA Mtn
dafy
� ff •�[�i(fkj
■� /ll Iii ::. ... •4 yip �
y� J � R,.+ r � ��•� • to ' - _
Ile 0
sr
fy
1-
L} . { � ��i• � � ~f�F* .moi
Legend
0 1,000 2,000 4,000
----- Project Boundary
_ Feet
a;►�' It ;�.�E�� .3�. 6• c-- � � ,� . � � F
Buncombe County, �rV Vater USGS Topographic Map
Skyland Quad
North Carolina 32 Clayton street Figure 2
Asheville, North Carolina 28801

The Preserve at Avery's Greek (+1- 36.6)
Project BaUndary -
-
Z I
r
,74 1 r x
A
Legend_
250 500 1,000
Project Boundary _ Feet
•'O�awn by r�WY 1'1 I&,..[f��-' i .:3 4
Buncombe County,
rWaber Aerial Photograph North Carolina NCCGIA (2415)
32 Clayton street Figure 3
Asheville, North Carolina 28801

The Preserve at Avery's Creek (+1- 36.6)
y
CSD R
Ta
projed Bmindary Tal) CSC
It
+fFOp
_ 1
CkC2~ CSD I
Tac ' 1
CSC
CSD �i
CkC2!
kL
CkC2
Legend.
Project Boundary i N
Soil I CkD2
CkB2; CkC2; CkD2 - Clifton Clay Loam
CsB; CsC; CsD - Clifton Sandy Loam-- -- - r, - . ,
EvD2; EwD; EwE - Evard -Cowes Complex ,000
TaB; TAC; TaD Feet
GJ li'M' 9 J"t T 113;;2; prole s AL -
1 ear
Buncombe County, 'r-- Y Y"ber USDA Soil Map
North Carolina Figure 4
32 Clayson Street
Asheville, North Carolina 28801

Avery Creek (+/- 52 AC)
Delineation Boundary
Jurisdil
Water (Delineation Bounds
Jurlsdl
I Welland (AC) Streams (LF)
j,.,. W1 0.04 61 1.941
V012 0.01 S2 2M
W3 0.07
W4 0.06
Y W5 0.10
Total 0.22 Total $141
k
v,
��Ylfadlatlonal Water (Current Project Boundary
Welland (AC)
streams (LF)
_!�I_ D.01
S1 1.941
W4 0.08
S2 203
W50.10
Total 0.-17 —
Total A144
Ti
W31
Jurisdictional wetlands and waters; Identified on this map have been
located within sub-ineter accuracy utilizing a Trimble mapping grade
Global Positioning System (GPS) and the Subsequent differefflial
correction of that date. GPS points may demonstrate uncorrectable
errors due to topography, vegetative cover, andfor muttipath signal error. I
Note: The illustrated wetland and stream locations are approximate. I 10
These areas have been flagged in the field; however, they have not
been surveyed. Although ClefarMter Environmental Consultants, Inc
(CEC) is conficlend 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
verificallon be obtained from the Corps prior to closing an the property,
baninniren any site work or making an legal reliance -1 t
determination. . I . os on a
This map was prepared by CEC using the best information available to
CEC at the time at 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 t
shall not be construed to be an official survey of any data depicted. P
Source Data: Topp is from Buncombe County. Current Project
Legend
Wetland Data Point
Stream
Linear Wetland
Wetland
Delineation Boundary
Current Project Boundary
0 125 250 500
Contours (4 ft)
Fleet
Buncombe County, &earMber Stream & Wetland
Delineation Map
North Carolina 224 South Grove Street, Suite F Delineated May 6-112015
Hendersonville, North Carolina 28792 Figure 5

.x
Legend
Flood Hazard Zones
1% Annual Chance Flood Hazard k
Regulatory FloodSpecial Floodwayway
4 - M
4d . Area of Undetermined
4 �'+•
! }}
M Flood .,
1 Flood
.2% Annual Chance
Future Conditions 1% Annual Chance Flood Haze
Area with Reduced Risk Due tDLevee
# * — _ 1
jo
It
J.
�J {� i ► 0 z T
7� .L.
L
144.
ar.rr-

Site Development Plan

A' -D• ummuu
FSRNC mmND
TCET Ila.—T=�'
I
_1 4 �` 1x•Ylx. _Wou"
7M.
NaTm
Um WALL BE LIFER WIN =&SO MAT&& OR
EWAL. MRINl CONSIRMA L INSPECT DOPES
PUGW14Y LWM VEGETAVOR M ESTAaJ9FD NM
AEPAB!/uEPIAM uATTIND AS NEOWARYL
PERMANENT GRASSED -LINED
DRAINAGE SWALE
NOT TO NIDE EC -24
NRAP WAV*D STONE NTN
FRN9Nm CRAM l— FLTM FABRIC AND N)YEMAP
I M. T -NF
]AA• RASIIm slow AMMAN
e PERFORATED PYO OR
-Fl. FABWC
I� (AIlLLLOCATNKN4) EWAL
EARN FILL
(
Via"' BE %XM TOWAMS FRENCH DRAIN
ELEVA710N
WTIET AS JMrATED CN PLANS NOT TO SCALE
_j
EC -18
LArfNPoIw
NOTES:
w's'rlr.dN°N`r'ra^
1.Y LIVE 57AKES TO BE PLA?MC IN AREAS AS SHOWN ON
.k'',+F.?:'f.:+'•"*r
PLANS AND MEMO BY THFENRII€ER.
2, 3' SPACING IN 5TAGGERED DIAMOND PATTERN
Ir raa. s_n+Yle.
3. LIVE STAKING SHOULD BE COMPLETED DURING THE
NY.An'yi1.pME. NAMYM
DORMANT SEASON. GENERALLY DECEMDER TO APRIL.
aRnA.r�.rm.E+. Rrare.r
..A, TOP OF BANK
LNVFSTAKF (TVPT
RA5EFLOW WATER, ' ••';: 1
ELEVA710N
TOE OF SLOPE,
'ST4GGERABDUFBANKFULL
�:^
71F
.k'',+F.?:'f.:+'•"*r
\� STAGGER A7 TOE AND HALT BANK
sAt m Vint LJVf 14AF LXAMI
LIVE STAKE RYP)_, TOP OF BANK
`
lA A DiAMETET FR
x a
fBASEFLO'.V VIATFR ELEVATION
A A a i
+7
TLFT OF SLCIPE
Phut L`inti• Lire $t,elung
r
B
FROM PERMANENT DIVERSION DMH
TRIP RAP CHANNEL OVER FILTER FABRIC
` 35f EATENNo PIPE TOEKTeTTs
9WYIN ON PIAJI
PaxO RITO
r ENP HDPP FROM
S?RXTURE FR
p J HMER
WrmDF EASDI 91ALL DE LfIFD 711TH 80760
t MATTHq OR EWAL, WM"VZ CWSR61CnlM3T =
AND IWAY/AREYLACE MATRYu AS NECESSARY.
(
WWRE FREE FLOW RMUL 1 orerlI INW PLPE AFC
DM N NIST ME RFDLLNRY 1a N80RE SN7NNE]NTARPI
DOLS NOT OOCNL
PERMANENT BASIN PERMANENT BASIN
HOT TO SCALE
NOT TO SCALE
r
>
rn
�' 'mr"air°v"0�'o'�wAmit n
�#AI 5 MdII1GN+. M IMM1
NAOR A1Y
O.Yp �nPl110.�01 M
71F
B
FROM PERMANENT DIVERSION DMH
TRIP RAP CHANNEL OVER FILTER FABRIC
` 35f EATENNo PIPE TOEKTeTTs
9WYIN ON PIAJI
PaxO RITO
r ENP HDPP FROM
S?RXTURE FR
p J HMER
WrmDF EASDI 91ALL DE LfIFD 711TH 80760
t MATTHq OR EWAL, WM"VZ CWSR61CnlM3T =
AND IWAY/AREYLACE MATRYu AS NECESSARY.
(
WWRE FREE FLOW RMUL 1 orerlI INW PLPE AFC
DM N NIST ME RFDLLNRY 1a N80RE SN7NNE]NTARPI
DOLS NOT OOCNL
PERMANENT BASIN PERMANENT BASIN
HOT TO SCALE
NOT TO SCALE
r
>
rn
�' 'mr"air°v"0�'o'�wAmit n
�#AI 5 MdII1GN+. M IMM1
NAOR A1Y
O.Yp �nPl110.�01 M

Attachment A:
Prior Authorizations

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2016-02051 County: Buncombe USGS Quad: NC-SKYLAND
GENERAL PERMT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Frederick Spieeel. Avery's Creek LLC
Address: 21 Palm Ave.
Miaml Beach, Fl 33139
Telephone No.: 82$ 25$1762,
Size and location of property (water body, road name/number, town, etc.): The project is located off of
A_very Creek Road (SR 3486) at The Preserve at Avery's Creek Subdivision _in south Buncombe
C000nty, North Carolina. Coordinat • 35.463161.-82.585855
Description of projects area and activity- This permit authorizes excavation and placement of fill
material associated with permanent impacts. off' 7 acres of wetland fill and 44 linear feet of stream
impacts -for residential construction.
Applicable Law: ® Section 404 (Clean Water Act, -33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: NW 29
Summary of Authorized Impacts and Required NEfleation
Impact ID # NWP en Water ac
GP # Temporary Permanent
Wetland ae Stream
Temporary Permanent Temporary Permanent
W1 29
0.06
W2 29
0.01
Calvert S1 29
39
Sewer Cress S2 29
5
impact Totals
0.07
Total Loss of Waters of the U.S. ac 0.07
Total Loss of Waters of the U.S_ 44
Required Wetland
Miti ation ac
Required Stream Mitigation (If)
Additional Remarks andLor Special Permit Conditions
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted application and attached information dated August 29.2016. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
All comments/conditions of the attached North Carolina Wildlife Resources Commission letter
dated. October 27, 2016 are hereby Incorporated as special conditions of this permit.
Recommendations should be considered where practicable. *Culverts greater than 48 inches in
diameter will be buried at least one foot below the bed of the stream. Culverts 48 inches or Iess
shall be buried at an appropriate depth to maintain aquatic passage as defined in Final Regional
Condition 3.6 attached to this NWP.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. K prior to the expiration date identified below, the nationwide permit authorization
is reissued and/or modified, this verification will reattain valid until the expiration date identified below, provided it
complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or
is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of
the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to

commence 'in reliance upon the nationwide permit, will remain authorized provided the activity is completed within
twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary
authority has been exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: ho.- portal.ncdennorg/webtwq/swp/ws/websc
For activities occurring within the twenty coastal counties subject m regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification, does not relieve the pertnittee of the responsibility to obtain any other
required Federal, State or local approvals/peninits.
If there are any questions regarding this verification, any of the conditions of the Permit', or the Corps of
Engineers aegulatory program, please contact William Elliott at 8 8-271 A9 0.
Corps Regulatory Oficial Will'Elliott r Dake; December 14,20 16
Expiration Date of Verification: March 17.2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
bgpfter2.n=.usgoo.ormy.mil/sur=htmI to complete the survey online.
Copy Furnished:
Gary D Davis, Davis Civil Solutions, 135-A Charlotte Hwy., Asheville, NC 28803

Attachment B:
PCN Form Information

B. Project Information and Prior Project History
3e. Describe the overall project in detail, including the type of equipment to be used:
The Preserve at Avery's Creek Site Development Plan includes 105 single family lots and 38
townhomes and the associated construction of roads, utilities, and onsite stormwater treatment.
There are two impacts associated with road construction (see Figure C 1). Irnpact S 1 is a 102 linear
foot culvert installed on an unnamed tributary to Avery Creek. Impact S 1 was previously permitted
to impact 44 linear feet of stream. Impact S2 includes 113 linear feet of impact for the installation
of a French drain for the construction of a road. Grading impacts to wetlands W1 and W2 were
previously permitted in December 14, 2016. Also, previously permitted are 5 linear feet of
temporary stream impact S3 for the installation of the sewer line. These utility impacts have been
completed. Onsite road and lot grading using typical construction equipment (bulldozers,
excavators, etc.) has been implemented on the property.
Stabilization of 20 linear feet on the left bank on the inlet side of the culvert is required (Figure
Cl). This bank stabilization is designated as Impact S4. The bank will be graded to a 3:1 slope,
then seeded, matted, and planted with live stakes (Figure C-3).
Onsite stormwater treatment upgrades are also included in The Preserve at Avery's Creek Site
Development Plan. Five StormTech Subsurface Stonmwater Management Systems will be
installed on the property. The stormwater management plan has been revised and a new treatment
basin is located adjacent to the remaining stream S2. This basin will collect and treat stormwater
before discharging into the S2 stream channel (Figure C-2). Review and approval of the
stormwater management system is conducted by Buncombe County. Buncombe county is a Phase
2 delegated authority.
F. Supplementary Information
2c. Provide an explanation of the violation(s):
A Nationwide Permit dated December 14, 2016 was issued by the US Army Corps of Engineers
(Corps) in response to the permit application submitted by Davis Civil Solutions PA, on behalf of
Avery's Creek LLC. The permit authorized 44 linear feet of stream impact and 0.07 acres of
wetland impact and is attached for review (Attachment A). The site plan for the Avery's Creek
culvert crossing was modified following the authorization of the original PCN (NWP 29- SAW -
2016 -02051). Based on the final design, the site plan included a culvert crossing and headwall
design which exceeded the impacts of the original permit. A permit modification request submitted
by CEC on 5/14/2018 was rejected because the original permit was expired. The original
temporary stream crossing was removed, and work has already been completed on the new culvert
crossing.

5d. What data sources did you use to determine whether your site would impact
Endangered Species or Designated Critical Habitat?
CEC reviewed the North Carolina Natural Heritage Data Program GIS data and no Federally
protected species were found within a 1 -mile radius of the project. CEC consulted the FWS's
"Northern Long -Eared Bat Consultation Areas" map for Buncombe County. The site is not in a
Hydrologic Unit Code (HUC) identified as having known occurrences of hibernation or maternity
sites. It is the opinion of CEC that the project would have "no effect" on the northern long-eared
bat. Information pertaining to threatened and endangered species is included in Attachment D.

Attachment C:
Approved Jurisdictional Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D: 2015-01154 County: Buncombe U.S.G.S. Quad: IVC-Skyland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Avery's Creek, LLC / Fred Saieeel S . �� . }j;�
Address: 21 Palm Ave. V
Miami Beach, Florida 33139_ 4SV6
Telephone Number: 828-258-1762
Size (acres): +-52 Nearest Town: Arden
y Creek
Nearest Waterway: AverCoordinates: 35.465721 a N -82.586755 oW
River :Basin/ HUC: French Broad
Location description: The aroieet is located Avery Creek Road, Arden, Buncombe County, North Carolina.
PIN 9634146580
Indicate Which of the Following Annly:
A. Preliminary Determination
Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). if you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and arc accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, ibis determination may be relied upon for a period not to exceed five years from the date of this
notification.

_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Tasha Alexander at 828-271-7980, ext. 226 or
[e-mail].
-*;Lt - J! { ` * .-
C. B�&-
for termination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional
Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region(version
2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water
marks. The stream channels on the property are an unnamed tributaries (UT) to" Avery Creek which flows into the
French Broad River. The French Broad River is located within the French Broad -Holston watershed and eventually drains
to the Gulf of Mexico. Specifically, the French Broad River merges with the Holston River to form the Tennessee River.
The Tennessee River then drains to the Ohio River and then on to the Mississippi River before entering the Gulf of
Mexico.
D. Remarks: A field visit was conducted on June 2d, 2015 with Kevin Mitchell, C1earWater, Environmental.
Changes were made in the field and an updated map was provided via email on June ail, 2015. The waters of the U.S.,
including wetlands are accurately depicted on the attached map labeled Avery Creek, Stream and Wetland Delineation
map, Figure 5.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The del ineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work_
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Off -ice within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**

r
Corps Regulatory Official:
Tasha Alexander
Issue Date of JD: August 4. 2015 Expiration Date: Five years from Issue Dade
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
h tto:l/regu latorym sacesurvey. com/.
Copy furnished:
R. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton Street
Asheville, NC 28801

Wi
Avery
Creek
52 AC)
_.:
0.04
S1 1,941
W2
Delineation Boundary
S2 209
Ws
.• f Vii. ��
At
`�.-
l]m
•'j
�..,� ..
0.10
ITotall
0.22
Total 2,144
Mrs r
located within sub-meler accuracy utilizing a Trimble mapping gmde
; p
1
Global Positioriirg System (GPS) and the subsequent di9eramiat
1
carledion of that data. GPS points may demonstrate nmcrnedable
1 i
arras due fo topography, vegetative cover, andlor multipath signal enor
'
Nate. The iAustraled wellarid and slieam locations are approximate
•,
These areas have been flagged in the field, however, they have awl
•��--,,
;r• 'ar
•
been surveyed Although CleseMadler Environmental Consullants, Inc
i
.r.•'
v
.
�r
.•
(Corps) is the only agency that can make final dadstim regarding
furisdidional Welland and waters or ire US delineations Therefore, all
•1 li
preliminary determination are subject 10 change urnh written
1
�1
'
verifimlion is obtained CEG strongly recommends that written
j
,
Wi
Jurisdictional Water
Wetland (AC)
Streams (LF)
W1
0.04
S1 1,941
W2
0.01
S2 209
Ws
0.01
W4
l]m
W5
0.10
ITotall
0.22
Total 2,144
Wi
.'�..1'
.Iu<isdidional wellands and wafers idanlified on this map have been
Mrs r
located within sub-meler accuracy utilizing a Trimble mapping gmde
; p
1
Global Positioriirg System (GPS) and the subsequent di9eramiat
1
carledion of that data. GPS points may demonstrate nmcrnedable
1 i
arras due fo topography, vegetative cover, andlor multipath signal enor
'
Nate. The iAustraled wellarid and slieam locations are approximate
•,
These areas have been flagged in the field, however, they have awl
•��--,,
;r• 'ar
•
been surveyed Although CleseMadler Environmental Consullants, Inc
i
(CEC) is confiders in our assessmem, the US Army Caps of Engineers
•� l
(Corps) is the only agency that can make final dadstim regarding
furisdidional Welland and waters or ire US delineations Therefore, all
•1 li
preliminary determination are subject 10 change urnh written
1
�1
'
verifimlion is obtained CEG strongly recommends that written
j
venrrcalian be obtained firm the Corps prior to dosing on the property,
baglming any mile work, or making any •legst reliar= on this
:•
determination
i
r
•'.ti-
This map was prepared by CEC using the hest inlormatwn available to
1
CEC al the time of production This map is for Wormalicnol purposes-
M-
only and should not be used to determine precise boundaries,
.
roadways. pmperiy boundary lines, nor legal descnpimns This map
t
-
shah not be construed to be an official survey of any data depicted.
-- -
i
--
Source Date Topa is from Buncombe County
.
Legend
-J
�.
j
® Out Parcel
M�
Wetland Data Point
i
�- Stream
r
N
Linear Wetland
}
1
Wetland
�! Delineation Boundary
0 125 250 500
-- Contours
Feet
raven by: Rtclul s > 2.>s; ids ri10
[LE��t�d�� Stream & Wetland
Buncombe County,
Delineation Map
North Carolina
Delineated May 6-112015
22d South Grove Srrcel, SOC F Figure �
Hcndcrrsom-ille, Norlh Carolina 28792

Attachment D:
Threatened & Endangered Species Information

�V&,V
North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper, Secretary Susi H. Hamilton
May 22, 2018
Alea Tuttle
ClearWater Environmental Consultants
32 Clayton Street
Asheville, NC 28801
RE: Avery Creek; 810
Dear Alea Tuttle:
NCN HDE-6098
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
A query of the NCNHP database indicates that there are records for rare species, important natural
communities, natural areas, and/or conservation/managed areas within the proposed project boundary. These
results are presented in the attached `Documented Occurrences' tables and map.
The attached 'Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of
natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also
included in this report.
If a Federally -listed species is documented within the project area or indicated within a one -mile radius of the
project area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance.
Contact information for USFWS offices in North Carolina is found here:
htts:l� .fws.goy/offices/DirectoQdListOffices.cfm?staiecgde=37.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
Also please note that the NC Natural Heritage Program may follow this letter with additional correspondence if a
Dedicated Nature Preserve, Registered Heritage Area, Clean Water Management Trust Fund easement, or an
occurrence of a Federally -listed species is documented near the project area.
If you have questions regarding the information provided in this letter or need additional assistance, please
contact Rodney A. Butler at or 919-707-8603.
Sincerely,
NC Natural Heritage Program
MAILING AODRESst Takowna: [phone] LOCATION:
1651 Mall Service Center www.ncntp.org 121 West Jones Street
Raleigh, NC 276919-1651 Re[eigh, NO 27603

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Intersecting the Project Area
Avery Creek
Project No. 810
May 22, 2010
NCNHDE-6098
No Element Occurrences are Documented within the Project Area
There are no documented element occurrences (of medium to very high accuracy) that intersect with the project area. Please note, however, that although the NCNHP database
does not show records for rare species within the project area, it does not necessarily mean that they are not present; it may simply mean that the area has not been surveyed. The
use of Natural Heritage Program date should not be substituted for actual field surveys if needed, particularly if the project area contains suitable habitat for rare species. If rare
species are found, the NCNHP would appreciate receiving this information so that we may update our database.
No Natural Areas are Documented within the Project Area
Managed Areas Documented Within Project Area
Pisgah National Forest - Pisgah Ranger District US Forest Service Federal
NOTE: 9the proposed project intersects with a consarvatiantmanaged area, please contact the landowner directly for additional information. If the project intersects with a Dedicated Nature Preserve (DNP), Registered Natural
Heritage Area (RHA), or Federally4ieted species, NCNHP staff may provide additional correspondence regarding the project
Definitions and an explanation of status designations and codes can be found at Data query generated an May 22, 2018; source: NCNHP, O2 April 2018. Please resubmit your
Information request If more then one year elapses before project initiation as new Information is continually added to the NCNHP database.
Page 2 of 4

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
Avery Creek
Project No. 810
May 22, 2018
NCNHOE-6098
Element Occurrences Documented Within a One -mile Radius of the Project Area
up Observation
Occurrence Status
Status
Rank
oft
"Affl"
Bird 15157 Setophaga cerulea Cerulean Warbler 197-25
E 4 -Low Species of
Special
G4 S2B
Concern
Concern
Crustacean 32839 Cambarus reburrus French Broad River 2012-04-17
E 3 -Medium Spades of
Significantly
G3 S2
Crayfish
Concern
Rare
Dragonfly or 33442 Calopteryx amata Superb Jewelwing 2004 -Pre
HZ 5 -Very —
Significantly
G4 SiS2
Damselfly
Low
Rare
Vascular Plant 8701 Sarracenia Jonesii Mountain Sweet Pitcher 1987 -Pre
X 3 -Medium Endangered
Endangered
G4T2 S1
Plant
No Natural Areas are Documented Within a Ona -mile Radius of the Project Area
Managed Areas Documented Within a One -mile Radius of the Project Area
- -
a
Pisgah National Forest - Pisgah Ranger District US Forest Service
Federal
Blue Ridge Parkway US National Park Service
Federal
NC Division of Mitigation Services Easement NC DEQ, Division of Mitigation Services
State
Pisgah National Forest - Bent Creek Experimental Forest US Forest Service
Federal
Definitions and an explanation or status designations and odes ran be found at . Data query generated on May 22, 2018; source: NCNHP, Q2 April 2018. Please resubmit your
Information request if more than one year elapses before project initiation as new Information to continually added to the NCNHP database.
Page 3 of 4

NCNHDE-6098: Avery Creek
A-Vt—k
N
May 22,2D18
E] ProW Boundary
❑ Buffered Project Boundary
Managed Area (MAREA)
Page 4 of 4
1:25,723
0 ol DA a.e rd
0 om 0.7 to km
Usw
h
m— &,L Hem
-W-Wow• 0

1 0/912 0 1 8 Buncombe County Endangered Species, Threatened Spedes,Federal Species of Concern, and Candidate Species
U.S. Fish & Wildlife Servi(Je
Endangered Species, Threatened Species,Federal Species of Concern,
and Candidate Species,
Buncombe County, North Carolina
Updated: 06-27-2018
Common Name
Vertebrate:
Allegheny woodrat
Appalachian Bewick's wren
Bachman's sparrow
Blotchside logperch
Bog turtle
Carolina northern flying squirrel
Cerulean warbler
Eastern small -footed bat
Gray
Hellbender
Longhead darter
Northern long-eared bat
Northern saw -whet owl (Southern
Appalachian population)
Paddlefish
Pygmy salamander
Rafinesque's big -eared bat
Red crossbill (Southern
Appalachian)
Southern Appalachian black-
capped
lackcapped chickadee
Southern water shrew
-ftotfin chub (rturquise shiner}
Yellow -bellied sapsucker
(Southern Appalachian population)
Scientific name
Federal
Record Status
Status
Neotoma magister
FSC
Current
Thryomanes bewickii altus
FSC
Historic
Aimophila aestivalis
FSC
Historic
Percina burtoni
FSC
Historic
Glyptemys muhlenbergii
T (SIA)
Current
Glaucomys sabrinus coloratus
E
Current
Dendroica cerulea
FSC
Current
Myotis leibii
ARS
Current
Myotis grisescens
E
Current
Cryptobranchus alleganiensis
ARS
Current
Percina macrocephala
FSC
Historic
Myons septentrionalis
T
Current
Aegolius acadicus pop.1
FSC
Current
Polyodon spathula
FSC
Historic
Desmognathus wrighti
FSC
Current
Corynorhinus rafinesquii
FSC
Historic
Loxia curvirostra
FSC
Current
Poecile atricapillus practices
FSC
Historic
Sorex palustris punctulatus
FSC
Current
Erimonax monachus
T
Historic
Sphyrapicus varius appalachiensis
FSC
Current
https://www.fws.gov/ralaigh/spedes/Cntylistfbuncombe.htmi 113

10!912018
Invertebrate:
Buncombe County Endangered Species, Threatened Species,Federal Species of Concern, and Candidate Species
Appalachian elktoe Alasmidonta raveneliana
French Broad crayfish Cambarus reburrus
Rus -patched bumble bee Bombus afflnis
Southern Tawny Crescent butterfly Phyciodes batesii maconensis
Spruce -fir moss spider Microhexura montivaga
Tan riffleshell
Vascular Plant:
Blue Ridge Goldenrod
Blue Ridge Ragwort
Bunched arrowhead.
Butternut
Cain's reedgrass
Fraser fir
Fraser's loosestrife
French Broad heartleaf
Gray's lily
Granite Dome Goldenrod
Mountain Sweet Pitcherplant
Piratebush
Spreading avens
Virginia spiraea
Nonvascular Plant:
a liverwort
a liverwort
Appalachian Pocket Moss
Lichen:
Rock gnome lichen
E
FSC
E
FSC
E
Epioblasma florentina walkeri (=E. E
walkeri)
Current
Current
Historic
Historic
Current
Historic and Obscure
Solidago spithamaea
T
Current
Packera millefolium
FSC
Current
Sagittaria fasciculata
E
Historic
Juglans cinerea
FSC
Historic
Calamagrostis cainii
FSC
Current
Abies fraseri
FSC
Current
Lysimachia fraseri
FSC
Historic
Hexastylis rhombiformis
FSC
Current
Lilium grayi
FSC
Current
Solidago simulans
FSC
Current
Sarracenia rubra ssp. Jonesii
E
Current
Buckleya distichophylla
FSC
Current
Geum radiatum
E
Current
Spiraea virginiana
T
Historic
Plagiochila sharpii
ARS
Current
Plagiochila virginica var:
FSC
Current
caroliniana
Fissidens appalachiensis
ARS
Historic
Gymnoderma lineare
E
Current
Definitions of Federal Status Codes:
E = endangered. A taxon "in danger of extinction throughout all or a significant portion of its range."
T = threatened. A taxon "likely to become endangered within the foreseeable future throughout all or a
significant portion of its range."
C = candidate. A taxon under consideration for official listing for which there is sufficient information to support
listing. (Formerly "CI" candidate species.)
BGPA =Bald and Golden Eagle Protection Act. See below.
ARS = At Risk Species. Species that are Petitioned, Candidates or Proposed for Listing under the Endangered
Species Act. Consultation under Section 7(a)(2) of the ESA is not required for Candidate or Proposed species;
although a Conference, as described under Section 7(a)(4) of the ESA is recommended for actions affecting
species proposed for listing.
FSC=Federal Species of Concern. FSC is an informal term. It is not defined in the federal Endangered Species
Act. In North Carolina, the Asheville and Raleigh Field Offices of the US Fish and Wildlife Service (Service)
define Federal Species of Concern as those species that appear to be in decline or otherwise in need of
conservation and are under consideration for listing or for which there is insufficient information to support
listing at this time.Subsumed under the term "FSC" are all species petitioned by outside parties and other
selected focal species identified in Service strategic plans, State Wildlife Action Plans, or Natural Heritage
httpslMww.fws.gov/raleigh/spedes/cntylistfbuncombe.htmi 213

10/9/2018 Buncombe County Endangered Species, Threatened Species, Federal Species of Concern, and Candidate Species
Program Lists.
T(S/A) = threatened due to similarity of appearance. A taxon that is threatened due to similarity of appearance
with another listed species and is listed for its protection. Taxa listed as T(S/A) are not biologically endangered
or threatened and are not subject to Section 7 consultation. See below.
EXP = experimental population. A taxon listed as experimental (either essential or nonessential). Experimental,
nonessential populations of endangered species (e.g., red wolf) are treated as threatened species on public land,
for consultation purposes, and as species proposed for listing on private land.
P = proposed. Taxa proposed for official listing as endangered or threatened will be noted as "PE" or "PT",
respectively.
Hold and Golden Eagle Protection Act IfBGPA)�
In the July 9, 2007 Federal Register( 72:37346-37372), the bald eagle was declared recovered, and removed (de-
listed) from the Federal List of Threatened and Endangered wildlife. This delisting took effect August 8,2007.
After delisting, the Bald and Golden Eagle Protection Act (Eagle Act) (16 U.S.C. 668-668d) becomes the
primary law protecting bald eagles. The Eagle Act prohibits take of bald and golden eagles and provides a
statutory definition of "take" that includes "disturb". The USFWS has developed National Bald Eagle
Management Guidelines to provide guidance to land managers, landowners, and others as to how to avoid
disturbing bald eagles. For mor information, visit httr)://www.fr +s.s.gov/migratory_birds/b la deagle.htm
Threatened due to similarity of appearance(�(A))R
In the November 4, 1997 Federal Register (55822-55825), the northern population of the bog turtle (from New
York south to Maryland) was listed as T (threatened), and the southern population (from Virginia south to
Georgia) was listed as T(S/A) (threatened due to similarity of appearance). The T(S/A) designation bans the
collection and interstate and international commercial trade of bog turtles from the southern population. The
T(S/A) designation has no effect on land management activities by private landowners in North Carolina, part of
the southern population of the species. In addition to its official status as T(S/A), the U.S. Fish and Wildlife
Service considers the southern population of the bog turtle as a Federal species of concern due to habitat loss.
Definitions of Record Status:
Current - the species has been observed in the county within the last 50 years.
Historic - the species was last observed in the county more than 50 years ago.
Obscure - the date and/or location of observation is uncertain.
Incidental/migrant - the species was observed outside of its normal range or habitat.
Probable/potential - the species is considered likely to occur in this county based on the proximity of known
records (in adjacent counties), the presence of potentially suitable habitat, or both.
https:/Aww.iWs.gov/raleighlspecieslcntylist/buncombe.htmi 3/3