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HomeMy WebLinkAbout20190441 Ver 1_401 Application_20190405Staff Review Does this application have all the attachments needed to accept it into the review process? r Yes r No ID#* 20190441 Version* 1 Is this project a public transportation project?* r Yes r No Reviewer List:* Select Reviewing Office:* Submittal Type:* 401 Application Zan Price:eads\gaprice Asheville Regional Office - (828) 296-4500 Does this project require a request for payment to be sent?* r Yes r No 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: r 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: Kaylie Yankura Who is subrritting the information? Email Address: kaylie@cwenv.com Project Information Project Name: Carolina Furniture Concepts 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 r 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 Carolina Furniture Concepts—Submitted 4.5.19.pdf 2.43MB Only pdf or Igrz files are accepted. Describe the attachments: The attached PCN is being submitted on behalf of SMS Enterprises LLC. The project site is located off Airport Road in Arden, Buncombe County, NC. SMS Enterprises is seeking authorization for impacts associated with the redevelopment of an existing commercial property and associated infrastructure. A hard copy of the application and a check for the certification fee have been mailed. V By checking the box and signing box below, I certify that: o 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") o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); o 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: d,1�1,F.'�� ��dfG�Ylttl Submittal Date: Is filled inautorretically. CLearWater C1earWater Environmental Consultants, Inc. April 4, 2019 vvww-cwenv com Ms. Amanda Jones US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Ms. Karen Higgins NC DWR, 401 Permitting & Buffer Unit 512 N. Salisbury Street, 9'" Floor Raleigh, North Carolina 27604 RE: Carolina Furniture Concepts (+/-13 Acres) Nationwide Permit 39 Buncombe County, North Carolina Dear Ms. Jones and Ms. Higgins, The attached Pre -Construction Notification (PCN) is being submitted on behalf of SMS Enterprises LLC represented by Mr. Sandeep Gupta. The project site is located off Airport Road in Buncombe County, North Carolina. SMS Enterprises LLC is seeking a Nationwide Permit 39 for the redevelopment of an existing commercial property and associated infrastructure. Additional PCN Comments are included in Attachment A. Mr. Kevin. Mitchell from the NC Division of Water Resources, Asheville Regional Office conducted an on-site stream determination on March 7, 2019. The results of this visit, as well as a Preliminary Jurisdictional Determination request for the proposed site is included in Attachment B. Attachment C contains a NC Stream Assessment Method form and a conditional acceptance letter from the NC Division of Mitigation Services. A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission, Mr. Byron Hamstead of the US Fish and Wildlife Resources, and to Mr. Zan Price of the NC Division of Water Resources, Asheville Regional Office. Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments. Sincerely, laa lie A. YYR. Clement d e, W.S Project Manager Principal Copy Furnished: NC Wildlife Resources Commission — Andrea Leslie NC Division of Water Resources, Asheville — Zan Price US Fish and Wildlife Service, Asheville— Byron Hamstead 32 Clayton Street Asheville, NC 28801 828-698-9800 Tel Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder ❑ Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: Carolina Furniture Concepts 2. Work Type: Private❑ Institutional El Government Commercial W1 3. Project Description /Purpose (PCN Form Bad and 133e]: The purpose of the proposed project is to redevelop an existing commercial property in order to establish additional commerical outparcels along NC -280 (Airport Road). 4. Property Owner / Applicant [PCN Form A3 or A4]: SMS Enterprises LLC (Mr. Sandeep Gupta) S. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location -Coordinates, Street Address, and/or Location Description [PCN Form 131b]: 35.453899, -82.52460; The project is located 100 Airport Road, Arden, NC. S. Project Location -Tax Parcel ID [PCN Form 131a]: 9653-08-6851-00000; 9653-08-1838-00000 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 Ka]: UT Lake Julian (Powell Creek to French Broad) 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: French Broad/06010105 Authorization: Section 10 Section 404 ❑ Section 10 &,404 Regulatory Action Type: Standard Permit ✓ Nationwide Permit # 39 Regional General Permit # jurisdictional Determination Request Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 CLearWater 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 1, 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: Property Owner Address: SMS Enterprise, LLC 1652 Olmsted Road Asheville, NC 28803 866-681-5011 Phone Number: Email address: N/A Property Location: 100 Airpol Road, Arden, NC 28704 Owner/Managing partner Signature: Owner/Managing printed name: -r" ,1� Date: 32 Clayton Street Asheville, NC 28801 Phone: 828-698-9800 www.cwenv,com 3/20/2019 Buncombe County Tax Lookup - Property Card _ COUNTY OF BUNCOMBE, NORTH CAROLINA Web Property Record Card 9653-o8-6851-00000 Date Printed: 3/20/2019 Back to Parcel Details] owner Information Parcel Information Total Property Value: 5,830,300 I Qualified IVacant When Soldl Status: Active Owners: SMS ENTERPRISES LLC Deed Date: 3/29/2016 Address: 1652 OLMSTED DR Deed Book/Page: 5409/1192 2,805,500 2,664,900 0 ASHEVILLE NC 28803-1937 Plat Book/Page: o156 / 0194 Property Location: loo AIRPORT RD Legal Reference: TRANSFER BY DEED Taxing Districts 0 Location: loo AIRPORT RD County: Buncombe County mss: RETAIL SALES City: ASHEVILLE Neighborhood: AIRPORT ROAD FRONT Fire: 0 Subdivision: 2013 11.66 School: 2,26o,400 Sub Lot- 0 2,260,400 2012 11.66 Conservation/Easement: N 4,268,200 0 Flood: N Ownership History ITransferDatel Price I Legal Reference I Deed Book/Page I Qualified IVacant When Soldl Seller Names 03/29/16 $5,775,000 TRANSFER BY DEED $409 / 1192 Yes Yes PETER M HALL Assessment History Year Acres I Land Bldgs Other Impr Assessed Dessc Exemptions Deferred Taxable 2019 11.66 2,805,500 3,024,800 o 5,830,300 0 0 5,830,300 2018 11.66 2,805,500 3,024,800 0 5,830,300 0 0 5,830,300 2017 11.66 2,805,500 2,664,900 0 5470,400 0 0 5,470,400 zo16 11.66 1,944,400 316,000 o 2,26o,400 0 0 2,26o,400 zo15 11.66 1,944400 316,000 o 2,26o,400 0 0 2,260,400 2014 11.66 2,944,400 316,000 0 2,26o,400 0 0 12,260,400 2013 11.66 1,944400 316,000 o 2,26o,400 0 0 2,260,400 2012 11.66 1,702,400 2,565,800 0 4,268,200 0 0 4,268,200 2011 11.66 1,702,400 2,565,8o0 I o 4,268,200 0 0 4,268,200 2010 11.66 1,702,400 2,565,8oa 10 4,268,2oo 0 0 4,268,200 2009 111.66 1,702,400 2,565,800 o 4,268,200 10 0 14,268,200 20o8 11.66 1,702,400 2,565,800 0 4,268,200 0 0 14,268,200 2007 11.66 1,702,400 2,565,800 0 4,268,200 0 0 4,268,200 20o6 11.66 1,702,400 2,565,800 o 4,268,200 0 0 4,268,200 2005 11.66 1,166,000 2,083,40010 3249,400 0 0 3,249,400 2004 11.66 1,166,000 2,083,400 0 3249,400 0 0 3,249,400 2003 11.66 1,166,000 2,083,400 0 3,249,400 0 0 3,249,400 2002 11.66 1,166,000 2,083,400 0 37249,400 0 0 3,249,400 2001 111.66 405,500 2,315,800 0 2,721,30 10 0 2,721,300 Land Data Segment# 1 Total Acres: 11.66 Acreage Units Description 11.66 Acreage LOT IN AC Land Value: 2,8o5,5oo Other Improvements Value: o httpsattax.buncombeoounty.org/PropertyCard.aspx 112 3/20/2019 Buncombe County Tax Lookup - Property Card Com. Bldg ID Bldg Class Sq Feet Bsmt SgFt Bsmt Finished Year Built Grade Condition Value 1 MASONRY 71,860 0 o 1984 C N 2,647.500 Section SgFt # Stories INDUSTRIAL CLASS C I ii,858 1 Total Building Value: 3,024,800 haps:/ltax.buncombecounty.org/PropertyCard.aspx 212 3/22/2019 < Back to ParcelDe ai sl Buncombe County Tax Lookup - Property Card COUN'T'Y OF BUNCOMBE, NORTH CAROLINA Web Property Record Card 9653-08-1838-00000 Date Printed: 3/22/2019 Owner Information Parcel Information Total Property Value: 33,200 Deed Qualified Status: Active Owners: SMS ENTERPRISES LLC Deed Date: 12/6/2017 Address: 1652 OLMSTED DR Deed Book/Page: 5617/0597 $1oo,000 ASHEVILLE NC 28803-1937 Plat Book/Page: 0184/0198 Property Location: 48 BRADLEY BRANCH RD Legal Reference: TRANSFER BY DEED Taxing Districts 5348/0402 Location: 48 BRADLEY BRANCH RD County: Buncombe County Class: RES BLDG LOT City: ASHEVILLE Neighborhood: AIRPORT RD AREA Fire: 0 Subdivision: 2013 o.63 School: 33,300 Sub Lot: 0 33,300 2012 o.63 Conservation/Easement: N 35,300 0 Flood: N Ownershiu History Transfer Ce Legal Reference Deed Qualified Vacant When Seller Names Date 2o18 o.61 33,200 0 0 Book/Page 0 Sold 33,200 12/o6/17 $1oo,000 TRANSFER BY DEED 56-17/0597 Yes Yes SYLVIA COX 08/28/15$55,000 33,300 ACREAGE 5348/0402 No: P Yes MAMIE H MACHEN 33,300 0 ADJUSTMENT I IHEIRS 33,300 0 0 33,300 Assessment History Year Acres Land Bldgs 1 Other Impr Assessed Desc Exemptions Deferred Taxable 2019 o.61 33,200 0 0 33,200 0 0 33,200 2o18 o.61 33,200 0 0 33,200 0 0 33,200 2017 o.63 33,300 0 0 33,300 0 0 33,300 2016 o.63 133,300 0 0 33,300 0 0 33,300 2015 0.63 133,300 0 0 33,300 0 0 33,300 2014 0.63 33,300 0 0 33,300 0 0 33,300 2013 o.63 33,300 0 0 33,300 0 0 33,300 2012 o.63 28,50o 6,800 o 35,300 0 0 35,300 2011 o.63 28,50o 6,800 o 35,300 0 0 35,300 2010 o.63 128,500 50,000 0 78,500 10 0 78,5oo 2009 o.63 28,500 50,000,0 78,500 10 0 78,500 20o8 o.63 28,500 50,000 0 78,500 10 0 78,500 2007 o.63 28,5oo 5o,000 o 78,500 0 0 78,5oo 2006 0.63 28,500 50,000 0 78,500 0 0 78,500 2005 o.63 19,000 40,600 o 59,600 0 0 59,600 2004 o.63 19,000 4o,600 o 59,600 0 0 59,600 2003 o.63 19,000 4o,600 o 59,600 0 0 59,600 2002 o.63 19,000 4o,600 0 59,600 0 0 59,600 zoos o.63 15,600 32,300 0 47,900 0 0 47,900 Land Data hftps:/Itax.buncombecounty.org/PropertyCard.aspx 112 3/22/2018 Buncombe County Tax Lookup - Property Card /Total Acres. o.61 Land Value: Other Value: of Units IDescription 0.6i Acreage LOT IN AC Total Building Value: o https:/ttax.buncombecounty.org/PropertyCard.aspx 2/2 oaot WA L&9 o �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 1 a. Type(s) of approval sought from the Corps: Q 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 Q 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 le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes 0 No For the record only for Corps Permit: ❑ Yes 0 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 ❑ No 1g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1 h below. ❑ Yes Q No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes Q No 2. Project Information 2a. Name of project: Carolina Furniture Concepts 2b. County: Buncombe 2c. Nearest municipality / town: Arden 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner information 3a. Name(s) on Recorded Deed: SMS Enterprises LLC 3b. Deed Book and Page No. 5409/1192 3c. Responsible Party (for LLC if applicable): Sandeep Gupta 3d. Street address: 1652 Olmsted Drive 3e. City, state, zip: Asheville, NC 28803 3f. Telephone no.: N/A 3g. Fax no.: N/A 3h. Email address: N/A Page 1 of 10 PCN Form -- Version 1.4 January 2009 4. Applicant Information (if different from owner) 4a. Applicant is: © Agent ❑ Other, specify: 4b. Name: 4c. Business name 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 ClearWater Environmental Consultants, Inc. 5c. Street address: 5d. City, state, zip: 5e. Telephone no.: 5f. Fax no.: 5g. Email address: 32 Clayton Street Asheville, NC 28801 828-698-9800 NIA Kaylie@cwenv.com Page 2 of 10 B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9653-08-6851-00000; 9653-08-1838-00000 1b. Site coordinates (in decimal degrees): I Latitude: 35.453899 Longitude: -82.5246 1 c. Property size: 13 acres 2. Surface Waters 2a. Name of nearest body of water to proposed project: UT Lake Julian (Powell Creek to French Broad River) 2b. Water Quality Classification of nearest receiving water: C 2c. River basin: French Broad/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 site is currently utilized as a retail space for Carolina Furniture Concepts, including a parking and storage facility associated with the furniture store. Land use in the general vicinity of the project is utilized predominately for commercial purposes. 3b. List the total estimated acreage of all existing wetlands on the property: 0.056 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 347 3d. Explain the purpose of the proposed project: See Attachment A. 3e. Describe the overall project in detail, including the type of equipment to be used: See Attachment A. 4, Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property 1 project(including all priorphases) in thepast? ❑X Yes ❑ No ❑ Unknown Comments: DWR Determination included in Attach. B 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): Mr. Kevin MitchelVCEC Agency/Consultant Company: NCDWRICEC Other 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. Mr. Kevin Mitchell from the NC Division of water Resources, Asheville Regional Office conducted an on-site stream determination on March 7, 2019. Results of the site visit are included in Attachment B. A PJD request prepared by CEC (delineated March 5, 2019) is included in Attachment B as well. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? El yes ❑ No ❑x Unknown 5b. If yes, explain in detail according to 'help file" instructions. 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 1a. Which sections were completed below for your project (check all that apply): ❑X Wetlands © 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. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of impact Type of wetland Forested Type of jurisdiction Area of number Corps (404,10) or impact Permanent (P) or DWQ (401, other) (acres) Temporary T W1 P Fill Seep No Corps 0.005 W2 P FIII Seep No Corps 0.004 W3 P Fill Seep No Corps 0.02 W4 P Fill Seep No Corps 0.027 W5 - Choose one Choose one Yes/No - W6 - Choose one Choose one YeslNo - 2g. Total Wetland Impacts: 0.056 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 39 Stream impact Type of impact Stream name Perennial (PER) or Type of Average Impact length number intermittent (INT)? jurisdiction stream Permanent (P) or width (linear feet) Temporary (T) (feet) S1 P Culvert S1, UT Lake Julian INT Corps 3 201 S2 - Choose one " S3 - Choose one 84 - Choose one S5 - Choose one - - S6 - Choose one 3h. Total stream and tributary Impacts 201 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 individuallv list all onan water impacts heinw_ 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody 6g. Zone 2 impact (square feet B1 impact number (if applicable) Type of impact Waterbody Area of impact (acres) Permanent (P) or Yes/No type Temporary T Yes/No 01 - B4 - Choose one Choose Yes/No 02 - Choose one Choose 03 Choose one Choose 04 - Yes/No Choose one Choose 6h. Total Buffer Impacts: 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: 5i. Expected pond surface area (acres): 6c. Reason for impact 5j. Size of pond watershed (acres): 6e. Buffer mitigation required? 5k. Method of construction: 6g. Zone 2 impact (square feet B. 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 halnw_ if anv imnacts ran uira mitinatinn_ than vnu M"RT fill nut 5ar_tinn n of this fnrm 6a. Project is in which protected basin? ❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other: fib. Buffer Impact number— Permanent (P) or Temporary T 6c. Reason for impact 6d. Stream name 6e. Buffer mitigation required? 6f. Zone 1 impact (square feet) 6g. Zone 2 impact (square feet B1 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 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. See Attachment A. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. See Attachment A. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for Q 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): ❑X DWQ ❑ Corps ❑ Mitigation bank 2c. If yes, which mitigation option will be used for this X❑ 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. Q Yes 4b. Stream mitigation requested: 201 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: An NCSAM form and DMS Conditional Acceptance Letter are included in Attachment C. 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 protect 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 © 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? 36% 2b. Does this project require a Stormwater Management Plan? Q Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: Buncombe county is the local authority for the review and approval of the stormwater management plan. 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 Droiec 3b. Which of the following locally -implemented stormwater management programs apply (check all that apply): 3c. Has the approved Stormwater Management Plan with proof of approval been attached? 4. Review 4a. Which of the following state -implemented Stormwater management programs apply (check all that apply): 4b. Has the approved Stormwater Management Pian with proof of approval been 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? 5b. Have all of the 401 Unit submittal requirements been met? © Phase II ❑ NSW ❑ USMP ❑ Water Supply Watershed ❑ Other: ❑ Yes ❑X No ❑Coastal counties ❑HQW ❑ ORW ❑Session Law 2006-246 ❑Other: ❑ Yes ❑ No ❑ Yes ❑ No ❑ Yes ❑ No Page 8 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 Q 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? See Attachment A. 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 Ecosystem IMS. Impacts 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 0 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? See Attachment A. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes © No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA Map No. 3700965300J, Panel 9653, effective January 6, 2010 (Figure 7). R. Clement Riddle �//�1 7 Applicant/Agent's Printed Name Applicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant isprovided.) Page 10 of 10 Carolina Furniture Concepts (+/- 13 AC) r"Ok 1% Julun Rd Park 014 Oad Rd to DI ci Park Cesar ti AFdon la Pq 161 let %1,�, Rd Rd Project - roject Boundary 400. 280 0 0 F304 urlc0n,bv 16 man 95 Flefchei- 'sit, L 0 dgc.. N Legend 0 0.5 1 2 L--- 1 Project Boundary !!!!M Miles I MTT Drawn by: BWY 2.28.i8; C k18 Buncombe County, &orMLer Vicinity Map North Carolina Figure I 32 Clayton Street Asheville, North Carolina 28801 Carolina Furniture Concepts (+1- 13 AC) # � _ .— arm+ - _ � � y�. • ■ l y E, �'S {, f���n, � }' Z "r i Jr 1 # i 1 •f T. I f � 1 QP 7 . 4 _ ' w�+�Y, `� � �s * r4� Mi dJV a+tei ;A� •+1 . Fproject Boundary =� 1,` a r�,!jr#`.. #J6' -F• }q.�,. •.y •�44 ti"x •� 41 46 LLI . .. ••- � :� '' � .� � � �.• !! ��� 4 . ' ��'�T�'c , Vj� `.�� f rpt, t • yF� •* rY l�+�I.�.f + r — r•' � Sr�� �• -�►a �_ � r aFt;kIN Ski Legend �' �' f y 1, t 't :z o 10.25 0.5 1��/ t___ ; Project Boundary t 'r : ` Mii. Drawn byi BW f'2 19; CEC Pi{aject# 1 I� 2 Buncombe County, [LorMber USGS Topographic Map Skyland Quad North Carolina 32 Clayton Street Figure 2 Asheville, North Carolina 28801 - �O SAN TARV SEWEREA.$IN - FOR THE METROPOL TAN � - SEWERAGE OISTAILYf NORTH PROPOSED WETLAND IMPACT 'W4' O 1001 (0.027 AC) ssv — _ SS– SS I SMS PARCEL 9.04 AC PARCEL EX. FFE: 2270 PROPOSED PROPERTY LINE (TYP) - 0 1 p/N 8 \ J ss P.e 4g5 pC0 4°1 O 08- 1 C804CS3j9 I f 1 48 PP 3 M '�e e 0 �t 0 � B FUSC 2338 CIVIC Design Concepts, PA NCBELS #: C-2184 PROPOSED WETLAND IMPACT 'W1' (0.005 AC) Dewatering Device or dirt/sediment bag; S,q��gRrs_, PROPOSED STREAM IMPACT 'S1' Discharge Hose 4858 S 743 (201 LF) Dewatering Pump P (as .needed) PROPOSED WETLAND IMPACT 'W2' (0.004 AC) Flow A A P Discharge Hose f Discharge Pump Into Velocity Work Area Dissipater Length Not To Exceed That Which Can Be Completed In One Day PROPOSED WETLAND IMPACT 'W3' (0.02 AC) PROPOSED 590 LF HDPE PIPE (TYP) J � 0 , Work Area Sandbag/Stone Barrier \ FFE: 2267 EXISTING PROPERTY LINE (TYP) N IMPACT SUMMARY STREAM WETLAND TOTAL AREA PERVIOUS AREA IMPERVIOUS AREA 201 LF 0.056 AC 13.3 AC 7.6 AC (57%) 5.7 AC (43%) Sump—hole Or Pool 12" Min Depth 2' Min Diameter Flow Intake Hose Diversion Pump Sheeting k t 1, Base Flow + 1 Foot Work Area (2 Foot Minimum) Cross Section Of Sandbag/Stone Diversion SECTION A—A PUMP AROUND / DEWATERING CULVERT SHALL BE BURIED 1.0' MINIMUM BELOW STREAM BED ELEVATION 12 PLAN VIEW DETAIL NOT TO SCALE CULVERT SHALL BE BACKFILLED WITH ENGINEERED FILLED. PLACED AND COMPACTED IN 6" LIFTS #57 STONE TO SPRINGLINE OF PIPE BEDDING (COMPACTED TO 987 OF STANDARD PROCTOR) #57 STONE WRAPPED IN MIRAFI 140 N OR EQUIVALENT CULVERT INSTALLATION DETAIL NOT TO SCALE CAROLINA FURNITURE CONCEPTS IMPACT BULLETIN APRIL 2019 Carolina Furniture Concepts (+1- 13 AC) fA r anti � �~ �!% -. �.IM1�.1�_ `;`k �'��,• �'{,Fir' 4`04 '',+',� • 6 a ,�� r Project Boundary z to J.TL AT dw 1r1r, Y '•' ' - - = fes,,• 1� f or IMF 'F P 'A AV Ay I R •.yat 'tt tel` i r k Legend �- y r _ 0 100 200 400 -_-- i Project Boundary F ect# 1018 •- � # �; � , 1 __- - t - ' 'i i1R i County, Buncombe &orMter Aerial Photography North Carolina NCCGIA (2015) 32 Clayton Street Asheville, North Carolina 28801 Figure 4 Carolina Furniture Concepts (+/- 13 AC) I r y sof fid Jr + y � _ Project Boundary �i� ��Y �`�.r • .�'�. A -off 101410 CkB2 Tme ti CuC UhE I� 4 TaBf t Ud Ud r' Legend ----- Project Boundary Soil CkB2 - Clifton clay loam k CuC - Clifton - Urban land complex '- TaB - Tate loam TmB - Tate Urban land Complex :T Ud - Udorthents, loamy 0 100 200 400 UhE - Udorthents - Urban land complex Feet # ra+ t by&*V 2.28.19; CEC Project# 1.1118 Buncombe County, &o Mt r USDA Soil Map North Carolina Figure S 32 Clayton Street Asheville. North Carolina 29801 Carolina Furniture Concepts (+/- 13 AC) 'y Judsdictimal wetlands and waters Iden#%d on this map have been located within sub -meter accuracy utilizing a Trbable mapping grade Global Posltionkhg System (GPS) and the subsequent differential cormadon of that data. GPS points P i may demonstrate uncomeetabie errors due to topogmphY. vegetative cover, andPor mudpath signal error. Note: The ilkmbated wetland and stream locations are approximate. These areas have been gabled In the geld; however, they have not been surveyed, Although ClearWater Enwronmental consultants, Ina (CECT is wrtlldent in our assessment, the USArmy Carps of Engineers (Corp) is the only agency that can make Md decisions regerdng)udsdtodwal wetland and waters ofthe US delineations. Therefore, al proUrninery determinations are subject 110 change until I written verification Is obtained. CEC strongly recommends thatwdtten verfication be obtained from the Corps pdarta dosing on the praperty, beginning any alta work, or making any legal mgence on this delarminadan. --.5 This map was prepared by CEC using the beat information available to CEC at tie time of production. This map la for Informational purposes only and should not be used to determine precise boundaries, roadways, property boundary Anes, nor legal deswiptime. This map shall not be construed to be an official survey of any data depleted. _t Source Data: Pmrjad Boundary - OW Design Concepts, PA Tope - Buncombe County" •, _ .� 1// Project Boundary Is' +—. ��� ` _'-•. .. ALI= ` ` 6. 5 ; 1/ Legend O Drain / Outfall Data Form Culvert Stream StormwatedEphemeral Channel (Non -jurisdictional) Linear Wetland - Wetland Project Boundary Contour (oft) 3.7.19 KAY; GEC Buncombe County, North Carolina ism 32 Clayton Street le, North Carolina 28801 1 11 200 400 ■� ��LI Stream & Wetland Delineation Map Delineated March 5, 2019 Figure 6 Potentially Jurisdictional Water Wetland (AGS Stream (LF) W 1 0.027 Sl 347 W2 0.005 W3 0.004 W4 0.020 Total 0.056 Total 347 & arMber 32 Clayton Street le, North Carolina 28801 1 11 200 400 ■� ��LI Stream & Wetland Delineation Map Delineated March 5, 2019 Figure 6 Carolina Furniture Concepts (+/- 13 AC) Attachment A PCN Comments Continued B. Project Information and Prior Project History, 3. Project Description, 3d. Explain the purpose of the proposed project: The purpose of the proposed project is to redevelop an existing commercial property in order to establish additional commercial outparcels along NC -280 (Airport Road) and associated infrastructure. B. Project Information and Prior Project History, 3. Project Description, 3e. Describe the overall project in detail, including the type of equipment to be used: The proposed project includes the installation of approximately 590 LF of HDPE culvert. This culvert would tie to an existing stormwater culvert located along the southwestern edge of the property parcel that borders Airport Road (Figure 3). Approximately 201 linear feet of intermittent stream would be rerouted via culvert and approximately 0.029 acre of herbaceous wetland would be filled in order to create two additional outparcels that would be developed as commercial properties within the project area (Figure 3). Approximately 0.027 acre of herbaceous wetland would be filled in order to form a NCDOT driveway between the property parcel and Birch Circle (Figure 3). Wetland impacts total approximately 0.056 AC. Typical construction equipment and earth moving machinery would be utilized. Sediment and erosion control measures and best management practices would be in use on site as well. Culvert installation will occur in the dry via the use of a pump around/dewatering system (Figure 3). D. Impact Justification and Mitigation, Avoidance and Minimization, lb. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques: All construction equipment would be operated from high ground. Sediment and erosion control measures and best management practices would be utilized on-site. Culvert installation will occur in the dry via the use of a pump around/dewatering system (Figure 3). Culverts will be embedded in order to allow for appropriate aquatic passage (Figure 3). F. Supplementary Information, Endangered Species and Designated Critical Habitat (Corps Requirement), 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat: CEC consulted the FWS's "Northern Long -Eared Bat Consultation Areas" map for Buncombe County. The project is not located near any known occurrences of hibernacula or maternity sites. It is the opinion of CEC that the project would have "no effect" on the Northern long-eared bat. Wetlands on-site are primarily dominated by emergent herbaceous vegetation. Dominant species include common rush (Juncus effusus), purplestem aster (Symphyotrichum puniceum), sedge (Carex sp.), goldenrod (Solidago canadensis), honeysuckle (Lonicera japonica); blackberry (Rubus allegheniensis), and woolgrass (Scirpus cyperinus). CEC did not observe any threatened or endangered species during the delineation/survey of the wetlands on-site, including Blue Ridge goldenrod (Solidago spithamaea), bunched arrowhead (Sagittaria fasciculata), mountain sweet pitcher plant (Sarracenia rubra ssp. Jonesii), spreading avens (Geum radiatum), or Virgina spiraea (Spiraea virginiana). F. Supplementary Information, Historic or Prehistoric Cultural Resources (Corps Requirement), 7b. What data sources did you use to determine whether your site would impact historic or archeological resources: National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS server. The proposed project is within 1 -mile of three "Determined Eligible Boundaries," which include Browns Pottery (BN2136), Lutheridge (BN6304), and Oak Park Historic District (BN2467). Development activities will be contained to the 13 -acre site and it is the opinion of CEC that project construction will not negatively affect the integrity of these historic sites. 2 Attachment B NCDWR Stream Determination N Preliminary Jurisdictional Determination Request ROY COOPER GaNrror . ii MLCWAli & RBaAN SWMkWY . . *VCVLPEpPIER aw NO C NA mr jbW6WMMdWQMGW March 8, 2019 SIMS Enterprises, LLC 1652 Olmsted Drive Asheville, NC 28803 Subject: Stream Identification Request To.Whom it May Concern: This letter provides the findings of a site visit to Buncombe County Parcel Identification Number 9653- 0&6851-00000 at 100 Airport Road in Asheville, North Carolina, conducted on March 7, 2019, to Provide a stream determination. The stream. features are shown as blue lines on the Buncombe County GLS map (see attached figm ). The results of the stre Lice A am determination are as follows: Features 14.5 J31ology 5 Total 26 4 Intermitumt Determivafion: Stream 17.5 Determioation Line B Determination: Features Score Geomq hology 18 i ocai 32 Determination: p Determinant Line C Comments Ucomoirpnology 1 7.5 drolo 4 Biolo 6 Total 17.5 Ej&cmaj Determination: Stream rbrtl►Caro�. �ep�+ee� of �amKntel � I arvVib�r Re.o+i+cea . Aohe+r�eReplotrl�trioe' 2090 U�.F�plgr�yio I Sa�Nt�tRZbiTB �a eM.00 100 Airport Road March 9, 2019 Page 2 of 2 Please be aware that potential jurisdictional wetlands were observed on the parcel. If you wish to fill in jurisdictional wetlands, you should contact the US -Army Corps of Engineers Asheville Regulatory Field Office at (828) 271-7980 to determine your permitting needs. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the Division of Water Resources (DWR) may request a detarmination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. if sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR -- 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days. Please contact me 828-296-4650 or kevin.mitchell if I can be of any further assistance Sincerely, KAa+a. H:Xckll Kevin Mitchell Asheville Regional Office Water Quality Regional Operation Section NCDEQ — Division of Water Resources Enclosures: Buucombe County GIS Map cc: Ric Ledford (e -copy) 0.%wx W(M= mbo 0IAStrNm C"XI80 Aa001903os_ ioonkWt0W sft8amDeom-hAfi n.40= z Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder F-1 Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Carolina Furniture Concepts 2. Work Type: ✓❑Private ❑Institutional ❑Government []Commercial 3. Project Description / Purpose [PCN Form Bad and B3e]: +/- 13 AC tract of land planned for potential development. 4. Property Owner / Applicant [PCN Form A3 or A41: SMS Enterprises, LLC 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]: The project site is a +/- 13 acre parcel located at 100 Airport Rd, Arden, in Buncombe County, North Carolina. 35.454014,-82.524425 8. Project Location— Tax Parcel ID [PCN Form Bla]: See Attached Parcel Info. 9. Project Location — County [PCN Form A2b]: Buncombe County 10. Project Location—Nearest Municipality or Town [PCN Form A2c]: Arden 11. Project Information—Nearest Waterbody [PCN Form B2a]: Lake Julian 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form B2c]: French Broad 06010105 Authorization: Section 10 ❑ Section 404 ❑✓ Regulatory Action Type: Standard Permit Nationwide Permit # Regional General Permit # ✓ Jurisdictional Determination Request Section 10 and 404 ❑ Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 urisdictional Determination Request US Army Corps of Engineers- Wilmington pj5 O 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: httV://www.saw.usace.army.mil/1\4issions/Re lato PermitProQxam/Contact/CountyLocator.aW 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 & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number. (828) 271-7980 Fax Number: (828) 281-8120 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers US Army Corps of Engineers 69 Darlington Avenue 3331 Heritage Trade Drive, Suite 105 Wilmington, North Carolina 28403 Wake Forest North Carolina 27587 General Number: 910-251-4633 General Number: (919) 554-4884 Fax Number: (910) 251-4025 Fax Number. (919) 562-0421 INSTRUCTIONS: 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 ON PART D - NCDOT REQUESTS: 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, prior to st work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 100 Airport Road City, state: Arden, NC County: Buncombe County Parcel Index Number(s) (PIN): See Attached Parcel Info. B. REQUESTOR INFORMATION Name: ClearWater Environmental Consultants Mailing Address: 32 Clayton Street Asheville, NC 28801 Telephone Number: 828-698-9800 Electronic Mail Address: britten@cwenv.com Select one: ❑ I am the current property owner. ✓❑ I am an Authorized Agent or Environmental Consultant' ❑ Interested Buyer or Under Contract to Purchase Other, please explain. C. PROPERTY OWNER INFORMATION Name: SMS Enterprises, LLC Mailing Address: 1652 Olmstead Road Asheville, NC 28803 Telephone Number: 866-681-5011 Electronic Mail Address: N/A I Must provide completed Agent Authorization FormlL.etter. Z Documentation of ownership also needs to be provided with request (copy of Deed, County GISIParcel Tax 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. Arany 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 Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. See Attached Agent Authorization Print Name Capacity: ❑ Owner ✓❑ Authorized Agents Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) ❑ I intend to constmet/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. ✓❑ 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 projector 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 constructidevelop 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. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: 3 For NCDOT requests following the current NCDOTIUSACE 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 urisdictional Determination Request F. JURISDICTIONAL DETERIIRNATION (JD) TYPE (Select. One) T am requesting that the Corps provide a prelimit>ury JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for 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 approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to 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). El I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS W1Map of property or Project Area. This Map must clearly depict the boundaries of the review area, F, 71 Size of Property or Review Area +/' 13 acres. ❑✓ The property boundary (or review area boundary) is clearly physically marked on the site. version: May 2017 Page 4 Jurisdictional Determination Request A. REQUESTS FROM CONSULTANTS 7 Project Coordinates (Decimal Degrees): Latitude: 35.454014 Longitude: -82.524425 RA legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 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 Nan -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. ❑✓ Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatoa-Permit- ProQram/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request 14 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table + AJD3, please complete an Approved Jurisdictional Determination Forms Vicinity Map Aerial Photograph USGS Topographic Map ❑✓ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) ❑ Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms 7 www.saw.usace.army.millPortals/54/docs/regglatory/rcgdocs/JD/RGL 08-02 App A Prelim JD Form fillable.pdf s Please see ho://www.saw.usace.g=.mil/Missions/Re ug latory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the proj ect area subj ect 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 apublic notice as required by federal law. Your name and property Iocation 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 Page 6 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM A. REPORT COMPLETION DATE FOR PJD: March 8, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: Buncombe City: Arden Center coordinates of site (lat/long in degree decimal format): Lat.: 35.454014 Long.: -82.524425 Universal Transverse Mercator: NAD83 Name of nearest waterbody: Lake Julian E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: 0 Field Determination. Date(s): 3/5119 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) LonS (deci degr W1 35.454324 -82. W2 35.454231 -82. W3 35.453890 -82. W4 35.453773 -82 -82 S1 35.454946 itude Estimated amount mal of aquatic resource .es) in review area (acreage and linear feet, if applicable) 523327 0.027 AC Type of aquatic resource (i.e., wetiand vs. non -wetland waters) Wetland 523827 Q.005 AC Wetland 523498 0.004 AC Wetland 5233031 0.020 AC I Wetland 5244011 347 LF I Perennial Stream Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 101404) 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all 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 Soil and Streamlwedand Delineation Maps 0 Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ❑■ U.S. Geological Survey map(s). Cite scale & quad name: 1:24K1 Skyland Quad ❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMAIFIRM maps: 100 -year Floodplain Elevation is: Photographs: ❑■ Aerial (Name & Date): or ❑ Other (Name & Date): (National Geodetic Vertical Datum of 1929) NCCGIA 2015 ❑■ Previous determination(s). File no. and date of response letter: ❑■ Other information (please specify): Property Ownership Information determinations. Signature and date of Regulatory staff member completing PJD M.eign'atu6i�e�oa(n;dtate Aof person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. Data Forms WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: 1018 -Carolina Furniture Concepts City/County: Arden / Buncombe County Sampling Date: 314119 Applicant/Owner: State: NC Sampling Point: UPL Investigator(s): BWY 1 KAY Section, Township, Range: Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N Lat: 35.454204 Long: -82.523040 Datum: NAD 83 Soil Map Unit Name: UhE - Udorthents-Urban land complex NWI classification: Not Shown on NWI Are climatic 1 hydrologic conditions on the site typical for this time of year? Yes X No (if no, explain in Remarks.) Are Vegetation Soil , or Hydrology significantly disturbed? Are "Normal Circumstances. present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No X Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) Surface Water (Al) _True Aquatic Plants (1314) —Sparsely Vegetated Concave Surface (138) High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (1310) Saturation (A3) —Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _ Marks (131)^ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) —Water Deposits (132) _ Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Sediment Drift Deposits (133) , Thin Muck Surface (C7) _ Saturation Visible on Aerial. Imagery (C9) _ Mat or Crust (134) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) _Algal Iron Deposits (135) X Geomorphic Position (132) _ Inundation Visible on Aerial Imagery (67) —Shallow Aquitard (D3) _ Water -Stained Leaves (B9)! Microtopographic Relief (134) Aquatic Fauna (1313) FAC -Neutral Test (D5) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes No X Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. Sampling Point: UPL Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Liriodendron tulipifera 30 Yes FACU Number of Dominant Species 2. Pinus strobus 15 Yes FACU That Are OBL, FACW, or FAC: 0 (A) 3. Total Number of Dominant 4 Species Across All Strata: 6 (B) 5. Percent of Dominant Species 6 That Are OBL, FACW, or FAC: 0.0% (A1B) 7 Prevalence Index worksheet: 45 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 23 20% of total cover. 9 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15 ) FACW species 0 x2= 0 1. Ligustrum sinense 15 Yes FACU FAC species 0 x3= 0 2. Quercus rubra 10 Yes FACU FACU species 124 x4= 496 3 UPL species 0 X5= 0 4 Column Totals: 124 (A) 496 (B) 5 Prevalence Index = B/A = 4.00 6 Hydrophytic Vegetation Indicators: 7 _ 1 - Rapid Test for Hydrophytic Vegetation B. 2 - Dominance Testis >50% 9 3 - Prevalence Index is 53.01 ^_ 25 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 13 20% of total cover: 5 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Rosa multiflora 20 Yes FACU 'indicators of hydric soil and wetiand hydrology must be 2. Lonicera japonica 15 Yes FACU present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Miscanthus sinensis 10 No FACU 4. Rubus allegheniensis 5 No FACU Tree —Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Allium canadense 4 No FACU more in diameter at breast height (DBH), regardless of height. 6. 7, Sapling/Shrub — Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft 8 (1 m) tall. 9. 10 Herb —All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 11. 54 =Total Cover Woody Vine — All woody vines greater than 3.28 ft in 50% of total cover: 27 20% of total cover: 11 height. Woody Vine Stratum (Plot size: 15 ) 1. 2. 3. 4. 5• Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont —Version 2.0 Sampling Point: UPL Profile Description: (Describe to the depth needed to document the Indicator or confirm the absence of indicators.) Depth Matrix (inches) Color (moist) % Redox Features Color (moist) % Type Loc Texture Remarks 0-8 10YR 4/4 100 Loamy/Clayey 8.12 7.5YR 5/6 60 7.5YR 6/8 40 C M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Indicators for Problematic Hydric Solls3: Hydric Soil Indicators: Polyvalue Below Surface (SB) {MCRA 147, 148) 2 cm Muck (A10) (MCRA 147) Histosol (Al) Histic Epipedon (A2) _ _ Dark Surface (S9) (M LRA 147, 148) —Coast Prairie (A16} Black Histic (A3) _Thin Mucky Mineral (F1) (M LRA 136) (MCRA 147,148) Hydrogen Sulfide (A4) —Loamy to Loamy Gleyed Matrix (F2) `Piedmont Floodplain Soils (F19} !_Stratified Layers (A5) —Loamy Matrix (F3) {M LRA 136, 147) 2 cm Muck (A10) (LRR N) ~ Redox Dark Surface (F6) _Red Parent Material 7,14 `Depleted (outside MCRA 127, 147, 948) _Depleted Below Dark Surface (A11) Dark Surface (F7) Very Shallow Dark Surface (F22) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Iron Masses (F12) (LRR N, Other (Explain in Remarks) Sandy Mucky Mineral (S1) _ -Manganese Sandy Gleyed Matrix (S4) `_Sandy MLRA 136) Umbric Surface (1713) (MLRA 122,136) 3Indicators of hydrophytic vegetation and Redox (S5) ~ Piedmont Floodplain Soils (F19) (MLRA 148) wetiand hydrology must be present, _ Stripped Matrix (66) ~ Red Parent Material (F21) (MLRA 127,147,148) unless disturbed or problematic. _ Dark Surface (S7) Restrictive Layer (if observed): Type: Hydric Soil Present? Yes No X Depth (inches): Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont –Version 2.0 WETLAND DETERMINATION DATA SHEET — Eastern Moiuntains and Piedmont Region Project/Site: 1018 - Carolina Furniture Concepts City/County: Arden 1 Buncombe County Sampling Date: 314199 Applicant/Owner: State: NC Sampling Point: W1 Investigator(s): BWY 1 KAY Section, Township, Range: Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope (%): 2 Subregion (LRR or MLRA): LRR N Lat: 35.454324 Long: -82.523327 Datum: NAD 83 Soil Map Unit Name: UhE - Udorthents-Urban land complex NWI classification: Not Shown on NWI Are climatic! hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators minimum of two re uired Primary Indicators minimum of one is requiredo check all that apply) _ Surface Soil Cracks (136) X Surface Water (Al) True Aquatic Plants (B14) ,Sparsely Vegetated Concave Surface (138) ^ High Water Table (A2) Hydrogen Sulfide Odor (Cl) X Drainage Patterns (1310) — _ X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) Moss Trim Lines (B16) — Water Marks (131) Presence of Reduced Iron (C4) Dry -Season Water Table (C2) Deposits (B2) Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) —Sediment _ Drift Deposits (133) Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Thin Algal Mat or Crust (134) —Other (Explain in Remarks) —Stunted or Stressed Plants (D1) Deposits (135) X Geomorphic Position (D2) —Iron Inundation Visible on Aerial Imagery (137) , Shallow Aquitard (D3) _ X Water -Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC -Neutral Test (135) Field Observations: Surface Water Present? Yes X No Depth (inches): 1 Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 6 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont –Version 2.0 VEGETATION (Four Strata) — Use scientific names of plants. sampling Point: W1 Absolute Dominant Indicator Tree Stratum (Plot size: 30 ) % Cover Species? Status Dominance Test worksheet: 1. Number of Dominant Species 2 That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4 Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6 That Are OBL, FACW, or FAC: 100.0% (AIB) Prevalence Index worksheet: 7 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 20% of total cover: OBL species 10 x 1 = 10 Saallno/Shrub Stratum (Plot size: 15 ) FACW species 17 x2= 34 1 FAC species 0 x3= 0 2 FACU species 7 x4= 28 3 UPL species 0 X5= 0 4 Column Totals: 34 (A) 72 (B) 5 Prevalence Index = BIA = 2.12 Hydrophytic Vegetation Indicators: 6 7 _ 1 - Rapid Test for Hydrophytic Vegetation 8 X 2 - Dominance Test is >50% g X 3 - Prevalence Index is s3.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Piot size: 5 ) _ Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 15 Yes FACW 'Indicators of hydric soil and wetland hydrology must N 2. Symphyotrichum puniceum 10 Yes OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Carex sp. 5 No 4. Lonicera japonica 2 No FACU Tree — Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Sofidago canadensis 2 No FACU more in diameter at breast height (DBH), regardless of 6. Rubus allegheniensis 2 No FACU height. 7. Scirpus cyperinus 2 No FACW Sapling/Shrub — Woody plants, excluding vines, less 8. Ligusftm sfnense 1 No FACU than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. 9. 10. Herb — All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. 11 39 =Total Cover Woody Vine — All woody vines greater than 3.28 ft in 50% of total cover: 20 20% of total cover: 8 height. Woody Vine Stratum (Plot size: 15 } 1. 2. 3. 4. 5 Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Herb stratum only stratum present in W1 US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 SOIL Q.—.,rte.. 13 w4. �AlA Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) °A Color (moist) % Type Lo Texture Remarks 0-12 10YR 412 90 10YR 516 10 C M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: to to Indicators for Problematic Hydric Soil; Nistosol (Al) _ Polyvalue Below Surface (88) (MLRA 147,148) 2 cm Muck (A10) (MCRA RA 747) _~ Histic Epipedon (A2) _Thin Dark Surface (S9) (M LRA 147, 148) ` Coast Prairie Redox Black Histic (A3) Loamy Mucky Mineral (F1) (MLRA 138) — (MCRA 147, 148) Hydrogen Sulfide (A4) _— Loamy Gleyed Matrix {F2) Floodplain Soils (F19) _Stratified Layers ((L X Depleted Matrix (F3) _Piedmont (MLRA 136, 147) i2 cm Muck {A10) (CRR N) _ Redox Dark SurfaceF6 ( ) .Red Parent Material (F27) ~ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) (outside MLRA 127, 947, 148) Thick Dark Surface (Al2) _ Redox Depressions (F8) Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) `Iron -Manganese Masses (F72) (LRR N, Other (Explain in Remarks) Sandy Gleyed Matrix (S4) MLRA 136) Sandy Redox (S5) — Umbdc Surface (F13) (MLRA 122, 136) 31ndicators of hydrophytic vegetation and _Stripped Matrix (S6) — Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, Dark Surface (S7)_ Red Parent Material (F21) (MLRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region ProjectlSite: 1018 -Carolina Furniture Concepts City/County: Arden / Buncombe County Sampling Date: 314119 Applicant/Owner. State: NC Sampling Point: W4 Investigator(s): BWY / KAY Section, Township, Range: Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope {%): 2 Subregion (LRR or MLRA): LRR N Lat: 35.453773 Long: -82.523303 Datum: NAD 83 Soil Map Unit Name. UhE - Udorthents-Urban land complex NWI classification: Not Shown on NWI Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain In Remarks.) Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes X No Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators minimum of one is r uired; check all that apply] _ Surface Soil Cracks (136) Surface Water (Al) —True Aquatic Plants (B14) _ Sparsely Vegetated Concave Surface (138) High Water Table (A2) _ Hydrogen Sulfide Odor (C1) X Drainage Patterns (1310) X Saturation (A3) Oxidized Rhizospheres on Living Roots (C3) —Moss Trim Lines (1316) _Water Marks (B1) Presence of Reduced Iron (C4) _Dry -Season Water Table (C2) X Sediment Deposits (B2) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _ Drift Deposits (133) —Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) —Algal Mat or Crust (134) Other (Explain in Remarks) _ Stunted or Stressed Plants (131) Iron Deposits (B5) ^_ X Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) _ Water -Stained Leaves (139) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC -Neutral Test (135) Field Observations: Surface Water Present? Yes No X Depth (inches): Water Table Present? Yes No X Depth (inches): Saturation Present? Yes X No Depth (inches): 12 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Saturation Present 0-12 inches US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 VEGETATION (Four Strata) - Use scientific names of giants. Tree Stratum (Piot size: 30 ) % Cover Species? Status 1. 2. 1 (A) 3. 4. 2 (B) 5. 6. 50.0% (AIB) 7. Total % Cover of: Multiply by: =Total Cover OBL species 0 x 1 = 50% of total cover: 20% of total cover: FACW species 15 x2= Sapling/Shrub Stratum (Plot size: 15 } FAC species 0 x 3 = 1. FACU species 4 x4= 2. UPL species 0 X5= 3. Column Totals: 19 (A) 4. (B) Prevalence Index = B/A = 5. 7. 8. 9. =Total Cover 50% of total cover: 20% of total cover: Herb Stratum (Plot size: 5 } 1. Juncus effusus 15 Yes FACW 2. Carex sp. 5 Yes 3. Lfgusfrum sinense 2 No FACU 4. Miscanthus sinensis 2 No FACU 5. 6. 7. 8. 9. 10. 11. 24 =Total Cover 50% of total cover. 12 20% of total cover: 5 Woody Vine Stratum (Plot size: 15 ) 1. 2. 3. 4. 5 Sampling Point: W4 Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 1 (A) Total Number of Dominant Species Across All Strata: 2 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 50.0% (AIB) Prevalenoe Index worksheet: Total % Cover of: Multiply by: OBL species 0 x 1 = 0 FACW species 15 x2= 30 FAC species 0 x 3 = 0 FACU species 4 x4= 16 UPL species 0 X5= 0 Column Totals: 19 (A) 46 (B) Prevalence Index = B/A = 2.42 _ 1 - Rapid Test for Hydrophytic Vegetation -2 - Dominance Test is X50% X 3 - Prevalence Index is 53.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 'indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Four Vegetation Strata: Tree -Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. Sapling/Shrub -Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Herb - All herbaceous (non -woody) plants, regardless of size, and woody plants less than 3.28 ft tall. Woody Vine - All woody vines greater than 3.28 ft in height. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X Remarks: (Include photo numbers here or on a separate sheet.) No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: W4 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of Indicators.) Depth Matrix Redox Features Indicators for Problematic Hydric Soils?: (inches) Color (moist) % Color (moist) % Type Loc'Texture Remarks 0-1 2.5Y 514 100 Loamy/Clayey 1-10 2.5Y 512 98 10YR 516 2 C M Loamy/Clayey 10-12 2.5Y 514 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils?: Histosol (Al) Polyvalue Below Surface (S8) (MLRA 147, 148) _2 cm Muck (A10) (MLRA 147) Histic Epipedon (A2) ^Thin Dark Surface (S9) (M LRA 147, 148) _Coast Prairie Redox (A16) Black Histic (A3) Loamy Mucky Mineral (F1) (MLRA 136) (MLRA 147, 148) _ Hydrogen Sulfide (A4) Loamy Gleyed Matrix (F2) _ Piedmont Floodplain Soils (F19) _ Layers (A5) X Depleted Matrix (F3) (MLRA 136, 147) _Stratified 2 cm Muck (A10) (LRR N) Redox Dario Surface (F6) —Red Parent Material (F21) Depleted Below Dark Surface (A11) Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Very Shallow Dark Surface (F22) Sandy Mucky Mineral (S1) : Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) Sandy Gleyed Matrix (S4) M LRA 136) _ Sandy Redox (S5) _ Umbric Surface (F13) (MLRA 122, 136) 31ndicators of hydrophytic vegetation and _ Stripped Matrix (S6) _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Dark Surface (S7) Red Parent Material (F21) (M LRA 127, 147, 148) unless disturbed or problematic. Restrictive Layer (if observed): Type: Depth (inches): Hydric Soil Present? Yes X No Remarks: This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric Soils, Version 8.0, 2016. Wetland Impacted by Sediment US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Identification Form Data: 3/4 j 19 Evaluator: 04 Total Points: Wmam Is at feast 7etenrl!(f M # z 19 or oensa M ffz 30* A. Geomorphology Subtotal = 1 `Continuity of channel bed and bank 2. Sinuosity of channel along thalweg 3. In -channel structure: ex. riffle -pool, step -pool. ripple -pool sequence 4. Particle size of stream substrate B. Acbvelrel'ict floodplain 6. Depositional bars or benches 7. Recent alluvial deposits 8. Hoadcuts 9. Grade control 10. Natural valley 11. Second or greater order channel artificial ditha are not rated; seg discussions in manual B. Hydrology Subtotal = $ 12. Presence of Baaeflow 13. lron oxidizing bacteria 14. Leaf litter 15. Sediment on plants or debris 16. Organic debris lines or piles 17. Soil -based evidence of high water tale? 'erltion 4.11 Projart►Sllt$: 1C)8 - Chi" fug'-' ,�, Latitude: County: 'BJ N cLongitude: Stream lyde one) Other Ephemeral tormitten Perennial e.g. Quad Name. Absent Weak Moderate DIMI 0 2 3 0 2 3 011� 2 3 0 1a 3 -7075 2 3 0 2 3 0 2 3 0 F 2 3 0 0 1 1-5 0 1 1.5 Nn Yes 3 0 2 3 0 2 3 �. 1 0.5 0 0k 1 1.5 0 0.5 1 1.5 Nn = 8 Yes 3 Attachment C NCSAM Form 0 NCDMS Conditional Acceptance Letter NC SAM FIELD ASSESSMENT RESULTS user manuai version L. i USACE AID #: NCDWR #: INSTRUCTIONS: Attach a sketch of the assessment area and photographs. Attach a copy of the USGS 7.5 -minute topographic quadrangle, and circle the location of the stream reach under evaluation. If multiple stream reaches will be evaluated on the same property, identify and number all reaches on the attached map, and include a separate form for each reach. See the NC SAM User Manual for detailed descriptions and explanations of requested information. Record in the "Notes/Sketch" section if supplementary measurements were performed. See the NC SAM User Manual for examples of additional measurements that may be relevant. NOTE EVIDENCE OF STRESSORS AFFECTING THE ASSESSMENT AREA (do not need to be within the assessment area). PROJECTISITE INFORMATION: 1. Project name (if any): 101 B/Carolina Furniture Concepts 2. Date of evaluation: March 5, 2019 3. Applicantlowner name: SMS Enterprises LLC 4. Assessor nametorganization: ICAY/CEC 5. County: Buncombe 6. Nearest named water body 7. River basin: French Broad on USGS 7.5 -minute quad: Lake Julian; Powell Creek 8. Site coordinates (decimal degrees, at lower end of assessment reach): 36.454716,-82-524181 STREAM INFORMATION: (depth and width can be approximations) 9. Site number (show on attached map): S1 10. Length of assessment reach evaluated (feet): 200 11. Channel depth from bed (in riffle, if present) to top of bank (feet): 2-5 ❑Unable to assess channel depth. 12. Channel width at top of bank (feet): 2-6 13. Is assessment reach a swamp steam? []Yes[]No14. Feature type: ❑Perennial flow ®Intermittent flow ❑Tidal Marsh Stream STREAM CATEGORY INFORMATION: 15. NC SAM Zone: ® Mountains (M) ❑ Piedmont (P) ❑ Inner Coastal Plain (1) ❑ Outer Coastal Plain (0) 16. Estimated geomorphic ❑A�_�� 1 ®B valley shape (skip for Tidal Marsh Stream): (more sinuous stream, flatter valley slope) (less sinuous stream, steeper valley slope) 17. Watershed size: (skip ®Size 1 (< 0.1 mit) ❑Size 2 (0.1 to < 0.5 mit) ❑Size 3 (0.5 to < 5 mit) []Size 4 (2:5 mit) for Tidal Marsh Stream) ADDITIONAL INFORMATION: 18. Were regulatory considerations evaluated? ®Yes []No If Yes, check all that apply to the assessment area. El Section 10 water ❑Classified Trout Waters []Water Supply Watershed (❑I ❑II ❑III ❑IV ❑V) ❑Essential Fish Habitat El Primary Nursery Area ❑ High Quality Waters/Outstanding Resource Waters ❑Publicly owned property ❑NCDWR Riparian buffer rule in effect ❑Nutrient Sensitive Waters ❑Anadromous fish 0303(d) List ❑CAMA Area of Environmental Concern (AEC) E] Documented presence of a federal and/or state listed protected species within the assessment area. List species: El Designated Critical Habitat (list species) 19. Are additional stream information/supplementary information/supplementarymeasurements included in 'Notes/Sketch" section or attached? ❑Yes ❑No 1. Channel Water —assessment reach metric (skip for Size 1 streams and Tidal Marsh Streams) ®A Water throughout assessment reach. ❑B No flow, water in pools only. ❑C No water in assessment reach. 2. Evidence of Flow Restriction — assessment reach metric ❑A At least 10% of assessment reach in -stream habitat or riffle -pool sequence is severely affected by a flow restriction or fill to the point of obstructing flow or a channel choked with aquatic macrophytes or ponded water or impoundment on flood or ebb within the assessment reach (examples: undersized or perched culverts, causeways that constrict the channel, tidal gates, debris jams, beaver dams). ®B Not A 3. Feature Pattern — assessment reach metric ®A A majority of the assessment reach has altered pattern (examples: straightening, modification above or below culvert). ❑B Not A 4. Feature Longitudinal Profile — assessment reach metric ®A Majority of assessment reach has a substantially altered stream profile (examples: channel down -cutting, existing damming, over widening, active aggradation, dredging, and excavation where appropriate channel profile has not reformed from any of these disturbances). ❑B Not A 5. Signs of Active Instability — assessment reach metric Consider only current instability, not past events from which the stream has currently recovered. Examples of instability include active bank failure, active channel down -cutting (head -cut), active widening, and artificial hardening (such as concrete, gabion, rip -rap). ❑A < 10% of channel unstable ®B 10 to 25% of channel unstable ❑C > 25% of channel unstable 6. Streamside Area Interaction — streamside area metric Consider for the Left Bank (LB) and the Right Bank (RB). LB RB ❑A ❑A Little or no evidence of conditions that adversely affect reference interaction ❑B ®B Moderate evidence of conditions (examples: berms, levees, down -cutting, aggradation, dredging) that adversely affect reference interaction (examples: limited streamside area access, disruption of flood flows through streamside area, leaky or intermittent bulkheads, causeways with floodplain constriction, minor ditching [including mosquito ditching]) ®C ❑C Extensive evidence of conditions that adversely affect reference interaction (little to no flood plainlintertidal zone access [examples: causeways with floodplain and channel constriction, bulkheads, retaining walls, fill, stream incision, disruption of flood flows through streamside area] ar too much flood plain/intertidal zone access [examples: impoundments, intensive mosquito ditching]) or floodplain/intertidal zone unnaturally absent or assessment reach is a man-made feature on an interstream divide 7. Water Quality Stressors — assessment reachlintertidal zone metric Check all that apply. ❑A Discolored water in stream or intertidal zone (milky white, blue, unnatural water discoloration, oil sheen, stream foam) ®B Excessive sedimentation (burying of stream features or intertidal zone) ❑C Noticeable evidence of pollutant discharges entering the assessment reach and causing a water quality problem ❑D Odor (not including natural sulfide odors) ❑E Current published or collected data indicating degraded water quality in the assessment reach. Cite source in "Notes/Sketch" section. OF Livestock with access to stream or intertidal zone ❑G Excessive algae in stream or intertidal zone ❑H Degraded marsh vegetation in the intertidal zone (removal, burning, regular mowing, destruction, etc) 01 Other: (explain in "Notes/Sketch" section) ❑J Little to no stressors Recent Weather — watershed metric (skip for Tidal Marsh Streams) For Size 1 or 2 streams, D1 drought or higher is considered a drought; for Size 3 or 4 streams, D2 drought or higher is considered a drought. ❑A Drought conditions and no rainfall or rainfall not exceeding 1 inch within the last 48 hours ❑B Drought conditions and rainfall exceeding 1 inch within the last 48 hours ®C No drought conditions Large or Dangerous Stream — assessment reach metric ❑Yes ®No Is stream is too large or dangerous to assess? If Yes, skip to Metric 13 (Streamside Area Ground Surface Condition), 10. Natural In -stream Habitat Types — assessment reach metric 10a. ❑Yes ❑No Degraded in -stream habitat over majority of the assessment reach (examples of stressors include excessive sedimentation, mining, excavation, in -stream hardening [for example, rip -rap], recent dredging, and snagging) (evaluate for Size 4 Coastal Plain streams only, then skip to Metric 12) 10b. Check all that occur (occurs if > 5% coverage of assessment reach) (skip for Size 4 Coastal Plain streams) ❑A Multiple aquatic macrophytes and aquatic mosses 6 ❑F 5% oysters or other natural hard bottoms (include liverworts, lichens, and algal mats) F ❑G Submerged aquatic vegetation ❑B Multiple sticks and/or leaf packs and/or emergent ❑H Low -tide refugia (pools) vegetation Y L ❑I Sand bottom ❑C Multiple snags and logs (including lap trees) r to ❑J 5% vertical bank along the marsh ®D 5% undercut banks andlor root mats and/or roots ❑K Little or no habitat in banks extend to the normal wetted perimeter ❑E Little or no habitat REMAINING QUESTIONS ARE NOT APPLICABLE FOR TIDAL MARSH STREAMS""* 11. Bedform and Substrate —assessment reach metric (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 11a. ❑Yes ®No Is assessment reach in a natural sand -bed stream? (skip for Coastal Plain streams) 11b. Bedform evaluated. Check the appropriate box(es). ®A Riffle -run section (evaluate 11c) ❑B Pool -glide section (evaluate 11d) ❑C Natural bedform absent (skip to Metric 12, Aquatic Life) 11c. In riffle sections, check all that occur below the normal wetted perimeter of the assessment reach — whether or not submerged. Check at least one box in each row (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams). Not Present (NP) = absent, Rare (R) = present but < 10%, Common (C) = > 10-40%, Abundant (A) = > 40-70%, Predominant (P) = > 70%. Cumulative percentages should not exceed 100% for each assessment reach. NP R C A P ® ❑ ❑ ❑ ❑ Bedrock/saprolite ® ❑ ❑ ❑ ❑ Boulder (256 — 4096 mm) ❑ ❑ ® ❑ ❑ Cobble (64 — 256 mm) ❑ ❑ ❑ ® ❑ Gravel (2 — 64 mm) ❑ ® ❑ ❑ ❑ Sand (.062 —2 mm) ❑ ❑ ® ❑ ❑ Silt/clay (< 0.062 mm) ❑ ® ❑ ❑ ❑ Detritus ❑ ® ❑ ❑ ❑ Artificial (rip -rap, concrete, etc.) 11d. ❑Yes ❑No Are pools filled with sediment? (skip for Size 4 Coastal Plain streams and Tidal Marsh Streams) 12. Aquatic Life — assessment reach metric (skip for Tidal Marsh Streams) 12a. ®Yes ❑No Was an in -stream aquatic life assessment performed as described in the User Manual? If No, select one of the following reasons and skip to Metric 13. ❑No Water ❑Other: 12b. ®Yes ❑No Are aquatic organisms present in the assessment reach (look in riffles, pools, then snags)? If Yes, check all that apply. If No, skip to Metric 13. 1 >1 Numbers over columns refer to 'individuals" for Size 1 and 2 streams and "taxa" for Size 3 and 4 streams. ❑ []Adult frogs ❑ []Aquatic reptiles ❑ ❑Aquatic macrophytes and aquatic mosses (include liverworts, lichens, and algal mats) ❑ ❑Beetles ❑ ❑Caddisfly larvae (T) ❑ ❑Asian clam (Corbcu►a) ❑ []Crustacean (isopod/amphipod/crayfishlshdmp) ❑ ❑Damselfly and dragonfly larvae ❑ ❑Dipterans ® []Mayfly larvae (E) ❑ ❑Megaloptera (alderfly, fishfly, dobsonfly larvae) ❑ ❑Midges/mosquito larvae ❑ ❑Mosquito fish (Gambusia) or mud minnows (Umbra pygmaea) ❑ ❑Mussels/Clams (not Corbicula) ❑ ❑Other fish ❑ ❑Salamanders/tadpoies ❑ []Snails ❑ ❑Stonefly larvae (P) ❑ ❑Tipulid larvae ❑ ❑Worms/leeches 13. Streamside Area Ground Surface Condition —streamside area metric (skip for Tidal Marsh Streams and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB). Consider storage capacity with regard to both overbank flow and upland runoff. LB RB ❑A ❑A Little or no alteration to water storage capacity over a majority of the streamside area ®B ®B Moderate alteration to water storage capacity over a majority of the streamside area ❑C ❑C Severe alteration to water storage capacity over a majority of the streamside area (examples: ditches, fill, soil compaction, livestock disturbance, buildings, man-made levees, drainage pipes) 14. Streemside Area Water Storage — streamside area metric (skip for Size 1 streams, Tidal Marsh Streams, and B valley types) Consider for the Left Bank (LB) and the Right Bank (RB) of the streamside area. LB RB ❑A ❑A Majority of streamside area with depressions able to pond water z 6 inches deep ❑B ❑B Majority of streamside area with depressions able to pond water 3 to 8 inches deep ®C ®C Majority of streamside area with depressions able to pond water c 3 inches deep 15. Wetland Presence — streamside area metric (skip for Tidal Marsh Streams) Consider for the Left Bank (LB) and the Right Bank (RB). Do not consider wetlands outside of the streamside area or within the normal wetted perimeter of assessment reach. LB RB ❑Y ❑Y Are wetlands present in the streamside area? ON ON 18. Baseflow Contributors — assessment reach metric (skip for Size 4 streams and Tidal Marsh Streams) Check all contributors within the assessment reach or within view of and draining to the assessment reach. ❑A Streams and/or springs (jurisdictional discharges) ❑B Ponds (include wet detention basins; do not include sediment basins or dry detention basins) ❑C Obstruction passing flow during low -flow periods within the assessment area (beaver dam, leaky dam, bottom -release dam, weir) ❑D Evidence of bank seepage or sweating (iron in water indicates seepage) ®E Stream bed or bank soil reduced (dig through deposited sediment if present) ❑F None of the above 17. Baseflow Detractors — assessment area metric (skip for Tidal Marsh Streams) Check all that apply. ❑A Evidence of substantial water withdrawals from the assessment reach (includes areas excavated for pump installation) ❑B Obstruction not passing flow during low -flow periods affecting the assessment reach (ex: watertight dam, sediment deposit) ❑C Urban stream (s 24% impervious surface for watershed) ®D Evidence that the streamside area has been modified resulting in accelerated drainage into the assessment reach ❑E Assessment reach relocated to valley edge ❑F None of the above 18. Shading —assessment reach metric (skip for Tidal Marsh Streams) Consider aspect. Consider "leaf -on" condition. ❑A Stream shading is appropriate for stream category (may include gaps associated with natural processes) ®B Degraded (example: scattered trees) ❑C Stream shading is gone or largely absent 19. Buffer Width — streamside area metric (skip for Tidal Marsh Streams) Consider "vegetated buffer" and "wooded buffer" separately for left bank (LB) and right bank (RB) starting at the top of bank out to the first break. Vegetated Wooded LB RB LB RB ❑A ❑A ❑A ❑A 2: 100 feet wide or extends to the edge of the watershed ®B ®B ❑B ❑B From 50 to < 1070 -feet wide ❑C ❑C ❑C ❑C From 30 to < 50 feet wide ❑D ❑D ❑D ®D From 10 to < 30 feet wide ❑E ❑E ®E ❑E < 10 feet wide or no trees 20. Buffer Structure — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 (`Vegetated" Buffer Width). LB RB ❑A ❑A Mature forest ®B ®B Non -mature woody vegetation or modified vegetation structure ❑C ❑C Herbaceous vegetation with or without a strip of trees < 10 feet wide ❑D ❑D Maintained shrubs ❑E ❑E Little or no vegetation 21. Buffer Stressors — streamside area metric (skip for Tidal Marsh Streams) Check all appropriate boxes for left bank (LB) and right bank (RB). Indicate if listed stressor abuts stream (Abuts), does not abut but is within 30 feet of stream (< 30 feet), or is between 30 to 50 feet of stream (30-50 feet). If none of the following stressors occurs on either bank, check here and skip to Metric 22: ID Abuts < 30 feet 30-50 feet LB RB LB RB LB RB ❑A ❑A ❑A ❑A ❑A ❑A Row crops ❑B ❑B ❑B ❑B ❑B ❑B Maintained turf ❑C ❑C ❑C ❑C ❑C ❑C Pasture (no livestock)/commercial horticulture ❑D ❑D ❑D ❑D ❑D ❑D Pasture (active livestock use) 22. Stem Density — streamside area metric (skip for Tidal Marsh Streams) Consider for left bank (LB) and right bank (RB) for Metric 19 ("Wooded" Buffer Width). LB RB ❑A ❑A Medium to high stem density ®B ®B Low stem density ❑C ❑C No wooded riparian buffer or predominantly herbaceous species or bare ground 23. Continuity of Vegetated Buffer — streamside area metric (skip for Tidal Marsh Streams) Consider whether vegetated buffer is continuous along stream (parallel). Breaks are areas lacking vegetation > 10 feet wide. LB RB ❑A ®A The total length of buffer breaks is < 25 percent. ®B ❑B The total length of buffer breaks is between 25 and 50 percent. ❑C ❑C The total length of buffer breaks is > 50 percent. 24. Vegetative Composition —streamside area metric (skip for Tidal Marsh Streams) Evaluate the dominant vegetation within 100 feet of each bank or to the edge of the watershed (whichever comes first) as it contributes to assessment reach habitat. LB RB ❑A ❑A Vegetation is Gose to undisturbed in species present and their proportions. Lower strata composed of native species, with non-native invasive species absent or sparse. ®B ®B Vegetation indicates disturbance in terms of species diversity or proportions, but is still largely composed of native species. This may include communities of weedy native species that develop after clear -cutting or clearing or communities with non-native invasive species present, but not dominant, over a large portion of the expected strata or communities missing understory but retaining canopy trees. ❑C ❑C Vegetation is severely disturbed in terms of species diversity or proportions. Mature canopy is absent or communities with non-native invasive species dominant over a large portion of expected strata or communities composed of planted stands of non -characteristic species or communities inappropriately composed of a single species or no vegetation. 25. Conductivity — assessment reach metric (skip for all Coastal Plain streams) 25a. ❑Yes ®No Was conductivity measurement recorded? If No, select one of the following reasons. El No Water ❑Other: 25b. Check the box corresponding to the conductivity measurement (units of microsiemens per centimeter). ❑A < 46 ❑B 46 to < 67 ❑C 67 to < 79 ❑D 79 to < 230 ❑E z 230 Notes/Sketch: Draft NC SAM Stream Rating Sheet Accompanies User Manual Version 2.1 Stream Site Name 1018/Carolina Furniture Date of Assessment March 5, 2019 Concepts Stream Category Mb1 Assessor Name/Organization KAY/CEC Notes of Field Assessment Form (YIN) NO Presence of regulatory considerations (YIN) NO Additional stream information/supplementary measurements included (YIN) NC SAM feature type (perennial, intermittent, Tidal Marsh Stream) Intermittent USACE/ NCDWR Function Class Rating Summary All Streams Intermittent (1) Hydrology LOW LOW (2) Baseflow MEDIUM MEDIUM (2) Flood Flow LOW LOW (3) Streamside Area Attenuation LOW LOW (4) Floodplain Access LOW LOW (4) Wooded Riparian Buffer LOW LOW (4) Microtopography NA NA (3) Stream Stability LOW LOW (4) Channel Stability MEDIUM MEDIUM (4) Sediment Transport MEDIUM MEDIUM (4) Stream Geomorphology LOW LOW (2) Stream/Intertidal Zone Interaction NA NA (2) Longitudinal Tidal Flow NA NA (2) Tidal Marsh Stream Stability NA NA (3) Tidal Marsh Channel Stability NA NA (3) Tidal Marsh Stream Geomorphology NA NA (1) Water Quality MEDIUM MEDIUM (2) Baseflow MEDIUM MEDIUM (2) Streamside Area Vegetation HIGH HIGH (3) Upland Pollutant Filtration HIGH HIGH (3) Thermoregulation MEDIUM MEDIUM (2) Indicators of Stressors NO NO (2) Aquatic Life Tolerance MEDIUM NA (2) Intertidal Zone Filtration NA NA (1) Habitat LOW MEDIUM (2) In -stream Habitat LOW HIGH (3) Baseflow MEDIUM MEDIUM (3) Substrate MEDIUM MEDIUM (3) Stream Stability MEDIUM MEDIUM (3) In -stream Habitat LOW HIGH (2) Stream -side Habitat LOW LOW (3) Stream -side Habitat LOW LOW (3) Thermoregulation MEDIUM MEDIUM (2) Tidal Marsh In -stream Habitat NA NA (3) Flow Restriction NA NA (3) Tidal Marsh Stream Stability NA NA (4) Tidal Marsh Channel Stability NA NA (4) Tidal Marsh Stream Geomorphology NA NA (3) Tidal Marsh In -stream Habitat NA NA (2) Intertidal Zone NA NA Overall LOW MEDIUM ROY COOPER Comffnwr MICHAEL S REGAN se-ewy TIM BAUMGAKMER o8rcttar Sandeep Gupta SMS Enterprises LLC 1652 Olmsted Drive Asheville, NC 28803 April 2, 2019 Expiration of Acceptance: 10/212019 Project Carolina Furniture Concepts County: Buncombe The purpose of this letter is to notify you that the NCDEQ Division of Mitigation Services (DMS) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below. Please note that this decision does not assure that participation In the DMS in - lieu fee mitigation program will be approved by the permit issuing agencies as mIggation for project impacts. It is the responsibility of the applicant to contact permitting agencies to determine if payment to the DMS will be approved. You must also comply with all other state, federal or local government permits, regulations or authorizations associated with the proposed activity including G.S. § 143-214.11. This acceptance is valid for six months from the date of this letter and is not transferable. If we have not received a copy of the Issued 404 PennW401 Certification within thio time frame, this acceptance wili expire. It is the applicant's responsibility to send copies of the permits to DMS. Once DMS receives a copy of the permit(s) an Invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the in -lieu fee to be paid by an applicant is calculated based upon the Fee Schedule and policies listed on the DMS website. Based on the information supplied by you in your request to use the DMS, the Impacts for which you are requesting compensatory mitigation credit are summarized In the following table. The amount of mitigation required and assigned to DMS for this impact Is determined by permitting agencies and may exceed the impact amounts shown below. or 13asI n impactLocation Impact Type impact Quantity ;r Broad - 06010105 j -Coof Stream 201 1 Upon receipt of payment, DMS will take responsibility for providing the compensatory mitigation. The mitigation will be performed In accordance with the In-Uau Fee Program instrument dated July 28, 2010 and 15A NCAC 028.0295 as applicable. Thank you for your interest in the DMS in -lieu fee mitigation program. If you have any questions or need additional information, please contact Kelly Williams at (919) 707-8915. cc: Kaylle Yankura, agent Sincerely, Ja as. B Stanfill Ass anagement Supervisor Nror& CvQW Uepwil&-at of Embamrntdl Qwft I DMdm of A Mptjon Servim m w,Ionrs sweet I %52 MeN servlet Center I Rd W9k North Carotins 2769HM M.