20181508 Ver 1_401 Application_20181105

CLearWaLer
C1earWater Environmental Consultants, Inc
www.cwenv.com
November 5, 2018
Ms. Karen Higgins
Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury St.
Raleigh, NC 27604
RE: Slechter Tract ( +/- 0.41 Acres)
Water Quality Certification 4139
Nationwide Permit 39 Application &
Preliminary Jurisdictional Determination
Buncombe County, North Carolina
Dear Ms. Higgins,
20181508
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 Water Quality Certification 4139 and 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 C1earWater Environmental
Consultants on June 29, 2018.
A copy of this package is being sent to Amanda Jones of the US Army Corps of Engineers.
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:
US Army Corps of Engineers- Amanda Jones
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
R. Cement Riddle, S
Principal

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW -
Prepare file folder ❑
1. Project Name [PCN Form A2a]: 983- Slechter Tract
Begin Date (Date Received):
Assign Action ID Number in ORM ❑
2. Work Type: ❑Private ❑ Institutional ❑ Government ✓❑ Commercial
3. Project Description / Purpose [PCN Form B3d and 133e]:
The project area is a +/- .41 AC tract of land consisting of turf -grass, hardwoods, and an existing gravel parking lot. The gravel parking
lot is planned for expansion, resulting in proposed 100ft of impact to a perennial stream.
4. Property Owner / Applicant [PCN Form A3 or A4]: Little Black Dog LLC C/O Kenneth Slechter
5. Agent / Consultant [PNC Form A5 — 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 B 1 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]: 9677-41-3438
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 132c]: French Broad / 06010105
Authorization: Section 10 ❑ Section 404 ❑✓
Regulatory Action Type:.
Standard Permit
✓ Nationwide Penmit # 39
Regional General Permit #
✓ Jurisdictional Determination Request
Section 10 and 404 ❑
Pre -Application Request
Unauthorized Activity
BCompliance
No Permit Required
Revised 20150602

CLearter
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
ClearWater 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: 1,1 T 12E 4 IAC- 006 Ct G
Property Owner Address: 1Z B 5tVA1rC12.t-,S7' od-
f r#e--- t a -e . AIC -b XA03
Phone Number: G 2; , 25 �5 Ci 7 ?;?-
Email
2
Email address: ISN SLee-4� Tom, 4p— -IA Hipp . CpM
Property Location: 379 6 `O QAA 2Lo TW Awy
Oil 9479-h.3yo-o0000
Owner/Managing partner Signature:
Owner/Managing printed name: kCNhSC–jl-1 QA\JI D 5l>=CI11L
Date:
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.cwenv.com

COUN'T'Y OF BUNCOMBE, NORTH CAROLINA
Web Property Record Card
96T7-41-3438-00000
Date Printed: 6/22/2018
Owner Information
Parcel Information
Total Property Value:
Ownership
History
41,400
Owners:
LTITLE BLACK DOG LLC
Status:
Active
Seller Names
C/O KENNETH DAVID
Deed Date:
4/21/2oi6
Address:
SLECHTER
Deed Book/Page:
5417/1398
108/i7/o6
128 STONECREST DRIVE
plat Book/Page:
0020/0074
No: C
ASHEVILLE NC 28803
Legal Reference:
TRANSFER BY DEED
Property
Location:
375 OLD CHARLOTTE HWY
Location:
375 OLD CHARLOTTE HWY
Taming Districts
Yes
Class:
COMM VAC
County:
Buncombe County
Neighborhood:
HWY 74 MIDDLE
Cit,,
Subdivision:
M P NEWBERN
Fire:
FAIRVIEW
Sub Lot:
B & PT C
School:
10
Conservation/Easement:
N
1201710-37
141,400 0
Flood:
N
Ownership
History
Transfer Price
Date
Legal deference Deed
Qualified
Vacant Wben
Sold
Seller Names
04/21/i6
$40,000 DT�SFER BY
L5417/130
Yes
Yes
RANDALL L
HOLCOI BE
108/i7/o6
$v
TRANSFER BY
DEED
4270/0904
No: C
Yes
CAROL HOLCOMBE
03f28/02
$30,000
TRANSFER BY
DEED
2757/0236
Yes
Yes
JOSEPHINE CLARK
Assessment History
Year Acres Land Bldgs Other Ianpr Assessed Desc
FxempHons Deferred Taxable
2018 0.37
141,400 0
10
141,400
10
0
41,400
1201710-37
141,400 0
10
141,400
10
0
4i,400
2oi6 0.38
182,8001082!,800
--
82,800
0
0
82,800
2015 v-38
82,8o0 0
82,8o0 jo
0
82,800
2014 10-38
82,80010
0
82,800
0
0
82,800
2013 0.38
82,8o0 0
0
82,800
v
o
82,800
38
66,500 v
o
66,5oo
o
0
66,5oo
38
k2009
66,500 0
0
66,500
_
v
o
66,500
38
66,5oolo
0
66,5oo
0
0
66,5oo
38
66,5oolo
0
66,5oo
0
0
166,5oo
2008 o.38
66,Soo 0
10
66,5oo
0
0
66,5o0
200710-38
66,5o0 0
166,500
10
66,5oo
0
0
66,500
2oo6 0.38
0
0
66,500
0
0
66,500

0.3t;
129,70010 10
129,700 1 10
10
129,74
0.38
129,70010 0
129,700 1 10
10
29,7(
0,38
119,9000 10
19,900 1 10
10
119.9c
10.38
13,0000 0
13,000 1 10
10
Im,oc
0-38
110,7000 0
10,700 1 10
10
1o,7a
Data
neat#
Total Acres:16,552 Land Value: 41,400
Square Feet
Unks I Description
16,552 Square Feet 9F-COMMMCIAL
Other
Improvements
Value:
Total Bufldbm Valnec o

O�OF W A TF9OG
-i
0 �
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Page 1 of 10
PCN Form — Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
❑X Section 404 Permit ❑ 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 ❑X No
1 d.
Type(s) of approval sought from the DWQ (check all that apply):
Q 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ❑X No
For the record only for Corps Permit:
❑ Yes ❑X No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ❑X No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1h
below.
E] Yes MNo
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ❑X No
2.
Project Information
2a. Name of project:
Slechther Tract parking
2b. County:
Buncome
2c.
Nearest municipality / town:
Asheville
2d.
Subdivision name:
2e.
NCDOT only, T.I.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
applicable):
Kenneth David Slechter
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:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑X Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
Clearwater Environmental Consultants Inc.
5c. Street address:
32 Clayton Street
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
[phone]
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):
9677-41-3438
1 b. Site coordinates (in decimal degrees):
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 74-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. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
❑ Yes ❑X No ❑ Unknown
Comments: 1D request included in Attachment A
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):
Agency/Consultant Company:
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
this project (including all prior phases) in the past?
❑Yes ❑X No El Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ❑X No
6b. If yes, explain.
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):
❑ Wetlands ❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
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 -
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.
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
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 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 indivii ually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01
Choose one
Choose
02
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
(acres)
Flooded Filled Excavated Flooded
Filled
Excavated
P1
Choose one
P2
Choose one
5f. Total:
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number —
Permanent (P) or
Tem ora T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
61
Yes/No
B2
Yes/No
B3
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
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.
1 b. 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. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ❑X No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ Payment to in -lieu fee program
y p o9
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ❑ No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
6
2b. Does this project require a Stormwater Management Plan?
❑ Yes 0 No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
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 localgovernment's jurisdiction is thisproject?
Buncombe County
9 Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
E] USMP❑
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
ElCoastal counties
❑ HQW
4a. Which of the following state -implemented stormwater management programs apply
❑ORW
(check all that apply):
[]Session Law 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes Q No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(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
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑Yes ❑X No
2c. If you answered 'yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
E] Yes 0 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 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
❑ Yes ❑X 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 Q 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 ❑X 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)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑X 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
OeMe4 R, Ve-
N
pplicant/Agent's Signature
Applicant/Agent's Printed Name
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

983 Slechter Tract (+/- 0.41 AC)
t� A1�►�� �,�
NORM ro
a
0
„4
64by Ca
4�
r;
0�
q Project Area
0
c ,S
o fi;
a � 74
Q gill "Aye 3 h9 out`�`��r `
Ir
a
'�a
Q-
�is
m c�c�''< [7� N
r
u
Legend
v�
Project Area 0 0.25 0.5 1
-� Miles
Drawn by AKT 6.22.2018, CEC Project# 983 Sources: Esri, Del-orme, NAVTEQ, USGS, NRCAN, METI, PC, Tom-rom
Buncombe County, CLearWater Vicinity Map
North Carolina Figure 1
32 Clayton Street
Asheville, North Carolina 28801

983 Slechter Tract (+/- 0.41 AC)
No.
of
Y Project Area
K6 s r
Legend
r -----
r I Project Area
by: AKT 6.222018; CEC Project# 983
Buncombe County,
North Carolina
1 10
N
0 250 500 1,000
Tiiiiia Feet
C•opyrig t:O 20 '3 National'Geo ra
CLearWater USGS Topographic Map
Oteen Quad
32 Clayton Street Figure 2
Asheville, North Carolina 28801

983 Slechter Tract (+/- 0.41 AC)

983 Slechter Tract (+/- 0.41 AC)

983 Slechter Tract (+/- 0.41 AC)
Legend
r ------- �— — ! Project Area
Potentially Jurisdictional Wetlands
Potentially Jurisdictional Streams
Culvert
® Proposed Parking Lot
Proposed Impact
Proposed Impact to S2 ( �/
100 LF of 36" Culvert ! �/
yk
,t
��� Proposed new building

APPROVED
DEWATVVW
DEVACF �;-.. OISCHARGE 10OSE
DEWATERM PUMP
SFREAMDIVERSr'aV
PIAPS
- ' INTAKE NOW
FTOMW �CLEANWATEROIE S "40E OR➢00f
(+z ro +8'DEEP. ze1
PIAPSSNALL DASCN4RGE IMTAKEMSE
ONTO A STABLE VELODTTY
OISMi1TM MAGE OF RP SMp Off ,L. FLOW
RAP ORSANOB4w i(J
.• •.• ...•
.DEM"
WURKAREA.
I
IFKiTXNOTroEACEE6 THA T W'TKGH
CANECOMETEOMONEDAY
A PUMP AROUND 15 VMM ASA WPM OF DNFRSOV FORAM EX'STWC STRFAM YIATFR
PLAPLfwvSF
N VlEW
TO GOt A TF TNF AAQMCTMM WATER FROM TIE OM AREA
MSTALLAIKTN
• PIACE WA 1FRrIGHTDOCES k THE WA TERWA Y WWREWAM 0011 6MAM OF THE WORK AREA,
FROM rW WSTRE. AAKMAMD IM W&OKMEA, MD OUTLET ON A STABLE OUTLET a SUALL Y RPRAl
-PIAN'WAIER EAM SIT
SECTION A•A
ON THE SAWS OF 714E WATERWAY DOWNSTRFAMOF DEDOWTBMSW WE
- PLTAP SIM-LD SE S12ED TO ENS1i M'NA1FR WESMOTOMUM TM COFFERDAM ANO AVOW WATER WTO THE WORT(
aov�RmlS.SnEf 7
AREA
STREAM( WATER 94OLCO ACT BE All OWM TO FLOW THROUGH WORK AREA UNTL ThEAREA IS COAPLETELY STABLE.
'M. PC NC' VDES NE FWAL q APWG Or TW DISTUME0 STREAM SAYS AAC 57AB4.Z4'JM (F THOSE WAS W"
r1.O'h
RT'RAP. ER3SV` N CONT"- t BLA%XM M
WORK -
S&SF Fi OW • +FOOT
w5PEC'fON'
f2 FEET MM'.)
. iNSPFCT 0411 Y OURWG Fi1MP ARO(M OPERA TMS
.
.1NSPErr STABLE WnETAAlD evy WE STREAM BANK AS NOTERaDwG
..
MOfM'TC-A THE CREEK WVEL WATER LELPSTREAM TO ENSURE HAP fS ADEO(ATEL I SMAN0 WATER DOES N07 FLOW
OVER COFFFR OM
CROSS SECTM OF SAAOBAG DACE
- "tOR THE WEATHER FORFCAST AND ANTICPATE ACREA.SFS 1N STREAM WATER LEWIS.
MAINTENANCE
- AQVST OUTLETSTAB;IZATAON E BANK EROSAON fS NOIK;EG.
-AD.AAST PIAPCAPACITYAS ACEDED TO HANDLE S7REAA1 WATER MINE.
-FIM LFAKS OR OTWRWLSE STAMLY LAKES rt WATER I,S BACK R OWWC ANTO WORK AREA.
PUMP AROUND PRACTICE Figure 513
`.b.
70 ¢CALL

J
J� v
CULVERT TO BE EMBEDDED V-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)

983 Slechter Tract (+/- 0.41 AC)
Legend
Potentially Jurisdictional Waters
x Stream LF Wetland AC
Oft Contours
r`'��, S1 125.4 W1 0.001
--- Culvert
S2 152.0 W2 0.008
Total 277.4 1 0.009
Potentially Jurisdictional Streams -
Potentially Jurisdictional Wetlands
Data Form
S2 /
Jurisdictional wetlands and waters identified
/
on this map have been located within sub-
meter accuracy utilizing a Trimble mapping
grade Global Positioning System
Mf
the subsequent differential correction of that
j
data. GPS points may demonstrate
uncorrectable errors due to topography,
vegetative cover, and/or multipath signal error.
Note: The illustrated wetland and stream!
% r W2
locations are approximate. These areas have
been flagged in the field; however, they have
j
not been surveyed. Although ClearWater
t
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
( W1,
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
T
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
N
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.
_ 0 0 12.5 25 5
Feet'
CLearWater
Buncombe County,
Jurisdictional Determintion
North Carolina
Delineated June 29, 2018
32 Clayton Street
Figure 7
Asheville, North Carolina 28801

ATTACHMENT B: Threatened and Endangered Species

4
North Carolina Department of Natural and Cultural Resources
Natural Heritage Program
Governor Roy Cooper
September 17, 2018
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
The North Carolina Natural Heritage Program (NCNHP) appreciates the opportunity to provide information
about natural heritage resources for the project referenced above.
Based on the project area mapped with your request, a query of the NCNHP database, indicates that there are
no records for rare species, important natural communities, natural areas, and/or conservation/managed areas
within the proposed project boundary. Please note that although there may be no documentation of natural
heritage elements within the project boundary, it does not imply or confirm their absence; the area may not have
been surveyed. The results of this query should not be substituted for field surveys where suitable habitat exists.
In the event that rare species are found within the project area, please contact the NCNHP so that we may
update our records.
The attached `Potential Occurrences' table summarizes rare species and natural communities that have been
documented within a one -mile radius of the property boundary. The proximity of these records suggests that
these natural heritage elements may potentially be present in the project area if suitable habitat exists. Tables of
natural areas and conservation/managed areas within a one -mile radius of the project area, if any, are also
included in this report.
If a Federally -listed species is found within the project area or is indicated within a one -mile radius of the project
area, the NCNHP recommends contacting the US Fish and Wildlife Service (USFWS) for guidance. Contact
information for USFWS offices in North Carolina is found here:
https://www.fws.aov/offices/Directory/ListOffices.cfm?statecode=37.
Please note that natural heritage element data are maintained for the purposes of conservation planning, project
review, and scientific research, and are not intended for use as the primary criteria for regulatory decisions.
Information provided by the NCNHP database may not be published without prior written notification to the
NCNHP, and the NCNHP must be credited as an information source in these publications. Maps of NCNHP
data may not be redistributed without permission.
The NC Natural Heritage Program may follow this letter with additional correspondence if a Dedicated Nature
Preserve, Registered Heritage Area, 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. Butler at rod ney.butler _ncdcr.aov or 919-707-8603.
Sincerely,
NC Natural Heritage Program
MAILING ADDRESS: Telephone: [phone] LOCATION
1651 Mail Service Center www.ncnhp.org 121 West Jones Street
Raleigh, NC 27699-1651 Raleigh, NC 27603

Natural Heritage Element Occurrences, Natural Areas, and Managed Areas Within a One -mile Radius of the Project Area
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde natureserve.org/content/helo. Data query generated on September 17, 2018, source: NCNHP, Q3 July 2018. Please resubmit
your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3
Slechter Tract Parking Lot
Project No. 983
September 17, 2018
NCNHDE-6957
Element Occurrences Documented Within a One -mile Radius of the Project Area
Taxonomic
EO ID
Scientific Name
Common Name
Last
Element Accuracy Federal
State
Global
State
Group
Observation Occurrence Status
Status
Rank
Rank
Date
Rank
Dragonfly or
33442
Calopteryx amata
Superb Jewelwing
2004 -Pre
H?
5 -Very ---
Significantly
G4
S1 S2
Damselfly
Low
Rare
Natural
19310
Low Elevation Basic
---
1986-08
A?
2 -High ---
---
G2
S2
Community
Glade (Montane Subtype)
Vascular Plant
17520
Draba ramosissima
Branching Draba
1985-06
A
3 -Medium ---
Special
G4
S2
Concern
Vulnerable
Vascular Plant
14784
Euphorbia commutata
Cliff Spurge
1986-08
B
3 -Medium ---
Threatened
G5
S1
Vascular Plant
17061
Euphorbia purpurea
Glade Spurge
1986-07
C?
3 -Medium ---
Significantly
G3
S3
Rare
Throughout
Vascular Plant
19812
Primula meadia
Shooting -star
1969-05-23
H
3 -Medium ---
Threatened
G5
S2S3
Vascular Plant
1079
Rudbeckia triloba var.
Chauncey's Coneflower
1986-08
E
3 -Medium ---
Significantly
GSTNR
S1
beadlei
Rare
Throughout
Natural Areas Documented Within a One -mile Radius of the Project Area
Site Name
Representational Rating
Collective Rating
Cedar Cliff/Little
Cedar Mountain
R2 (Very High)
C4 (Moderate)
No Managed Areas are Documented Within a One -mile Radius of the Project Area
Definitions and an explanation of status designations and codes can be found at https://ncnhde natureserve.org/content/helo. Data query generated on September 17, 2018, source: NCNHP, Q3 July 2018. Please resubmit
your information request if more than one year elapses before project initiation as new information is continually added to the NCNHP database.
Page 2 of 3

NCNHDE-6957: Slechter Tract Parking Lot
rIF 1
v„r _
M�
°' CrNlt
Ga. f1 e
_ old cnalb+U ;
cnr,J �J Oaw
`b^Mb.rn' a
aA>bVAa'^Dr Cfrea frt of Mounfa rn Z
400 d
Y •fir
£.. fp aft
$c.hlx�h,ll np�,ci
_ C
N 1
w E surra. Mou fa `-. Q iso,
September 17, 2018 1:20,595
Project Boundary o o.17s o? 0.7 ml
Buffered Project Boundary o 0.275 0.55 1.1 km
NHP Natural Area (NHNA)
FAO, Ps RCAN GeoBase,,IGN.KadmWNL, OrdrwrweS—y.E �� ,
METI, Esn China (Hap Kaap(, isoopo, O OpenSbeelMap conbibubas, ail
t. GIS User Community
Page 3 of 3

ATTACHMENT A: Preliminary Jurisdictional Determination Request

urisdictional Determination Request
f=�
wb*"M ofem
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:
httn•//www saw usace artny mWMissions/Re�ulat-=Permitprogram/Contact/CountvLocator asnx
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 & CHARLOM REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number. [phone]
Fax Number. [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina27587
General Number. [phone]
Fax Number. [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number. [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number. 910-251-4633
Fax Number. (910) 2514025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION• Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE aN PART D - NCDOTREQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS • A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, rior to startingwork.
Version: May 2017 Page 1

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. REQUESTOR INFORMATION
Name: ClearWater Environmental Consultants
Mailing Address: 32 Clayton Street
Asheville, NC 28801
Telephone Number. 828-698-9800
Electronic Mail Address: [e-mail]
Select one:
F] I am the current property owner.
© I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
ElOther, please explain.
C. PROPERTY OWNER INFORMATION'
Name: Little Black Dog LLC C/O Ken Slechter
MaWngAddress: 128 Stonecrest Drive
Asheville, NC 28803
Telephone Number.
Electronic Mail Address: [e-mail]
' Must provide completed Agent Authorization Fonnaxtter.
s Documentation of ownership also needs to be provided with request (copy of Deed, County GLWParcelfrax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION 3.4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on-
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivets and Harbors Act of 1899. % the
undersigned, an 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. ❑ Owner ©Authorized Agent'
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
esigned to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid alljurisdictional aquatic resources under Corps authority.
© I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
Process.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
8 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.
BI believe that the site may be comprised entirely of dry land.
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 Page 3

Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
© I am requesting that the Corps provide aerp lir ary JD for the property identified herein.
A Preliumnary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property,
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
F] I am requesting that the Corps provide an i0roved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional `waxers of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined m be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
© Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
QSize of Property or Review Area +x-0.41 acres,
aThe property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4

Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
35.546156
Longitude: -82.448587
R117 A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 11 x 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
• Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
• Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
• Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
■ Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
r✓ Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
s Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. httoJ/www.saw uswc #M mii/Missions/Rcgulatory-Permit-
IIIilK!—VIII Jui„dI,.n:c.n-
Version: May 2017 Page 5

Jurisdictional Determination Request
W1Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Forma
✓❑ Vicinity Map
z✓ Aerial Photograph
z USGS Topographic Map
Q Soil Survey Map
aOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
F1Landscape Photos (if taken)
NC SAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
www.saw.usace,army.n iUPortaW59/does/regmlatory/regdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf
s Please see htto://www.saw_usne.armyjnil/Missions/Reeulatory-Permit-Proeram/Juii diction/
Principal Prrpoae: 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 of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
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/parishftrough: 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):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s): June 29, 2018
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be
subject (i.e., Section
4114 or Section 101404)
S 1
35.545982
-82.448573
1255,4
Perennial Stream
Section 404
S2
35.546167
-82.448726
1552.0
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. andfor that there 'may be" navigable waters of
the U.S. on the subject review area, and Identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
Information:

SUPPORTING DATA Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
Vicinity, USGS Topographic, Aerial, USDA Shc, StreamlWetland Dellneatlon, FEMA
© Data sheets prepared/submitted by or on behalf of the PJD requester.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineatlon report. Rationale:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
0 U.S. Geological Survey Hydrologic Atlas: 1:24K / Oteen Quad
D USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
❑ U.S. Geological Survey map(s). Cite scale & quad name:
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
© FEMA/FIRM maps: 3700967700J Effective 1/6/2010
❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: M Aerial (Name & Date): NCCGIA 2015
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarli
been verified by the Cores and should not be relied upon for later lurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
ter
,g,. 2 tJ-lf
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)!
I Districts may establish timeframes for requestor W return signed PJD forms. H the requester does not respond
within the established time frame, the dk*ct may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

983
Slechter Tract
(+/- 0.41 AC)
Legend
9
Potentially Jurisdictional Waters
Stream LF Wetland AC
Oft Contours
S1 125.4 W1 0.001
Culvert
S2 152.0 W2 0.008
— Potentially Jurisdictional Streams -
Total 2774 0.009
Potentially Jurisdictional Wetlands
Data Form-
_-
�„
Jurisdictional wetlands and waters identified
on this map have been located within sub-
g i,
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
W2
locations are approximate- These areas have
been flagged in the field; however, they have
not been surveyed. Although ClearWatar
g
Environmental Consultants, Inc. (CEC) Is
confident in our assessment, the US Army
_.
Corps of Engineers (Corps) is the only agency
i
r
that can make final decisions regarding
Jurisdictional wetland and waters of the US
" • s ice"` 11
delineations. Therefore, all preliminary
- .. S1
determinations aro subject to change until
written verification is obtained. CEC strongly
J ••
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
N
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 6.292018.
-
0 12.5 25 50
A
U-CU
Buncombe County,
t+`'°"er
Jurisdictional Determintion
North Carolina
Delineated June 29, 2018
32 Clayton Street
Asnevitto, north Carolina 29901 Figure 7