SWA000083_PJD_USACE_20190212_20201221

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: SAW-2018-02316 County: Henderson U.S.G.S. Quad: Skyland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Duke Energy Carolinas, LLC IAttn.: Kevin Mason
Address: 526 Church Street, EC09Q
Charlotte, NC 28202
Telephone Number: 980-373-3634
Size (acres): 34.25 Nearest Town: Mills River
Nearest Waterway: UTs French Broad River and
French Broad River Coordinates: 35.42631 N, 82.55277 W
River Basin/ HUC: der French Broad (06010105]
Location description: The site is located on a tract of land (P1Ns 9642-18-7974 and 9642-29-2434) along the west
bank of the French Broad River, south of the brid a over the river on Did Fanning Brid a Road in Mills River
Henderson County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
X There are waters on the above described project area, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters have been
delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this
preliminary jurisdiction determination may be used in the permit evaluation process, including determining
compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands
that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction.
Therefare wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely
an effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area,
which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have
the waters of the U.S. on your property delineated. As the Corps may not be -able to accomplish this wetland
delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the
Corps.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33
USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for
a period not to exceed five years from the date of this notification.
There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation. in a timely manner, you may wish to obtain a consultant to conduct a delineation
that can be verified by the Corps.
_ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon

completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management to determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at
828-271-7980, ext. 4232 or [e-mail].
C. Basis for Determination:
See attached preliminary jurisdictional determination form.
D. Remarks:
The potential waters of the U.S., at this site, were verified on -site by the Corps on January 24, 2019, and are as
approximately depicted on the attached FerncliRetail Substation -Site E, Potential Jurisdictional Waters of the U.S.,
Figure 6, submitted by HDR.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the
Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to
this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you
will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria
for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the
NAP. Should you decide to submit an RFA form, it must be received at the above address by, N/A (Preliminary -JD).
2

**It is not necessary to submit an RITA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official.
David Brown
Issue Date of JD: Feb rria ry 12, 2019 Expiration Date: N/A Preliminary JD
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue
to do so, please complete our Customer Satisfaction Survey,. located online at
hn://coMsinapu.usace.army.mil/cm a exlf7=136A:0.
Copy furnished:
HDR, Johanna Velasquez, 440 S. Church Street, Suite 1000, Charlotte, NC 28202-2075

BLANK PAGE

Applicant: Duke Energy Carolinas, LLC / Attn.: File Number: SAW-2018-02316
Kevin Mason
Attached is:
INITIAL PROFFERED PERMIT {Standard Permit or Letter of permissi
PROFFERED PERMIT (Standard Permit or Letter of permission)
PERMIT DENIAL
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION
Date: February 12, 2019
See Section below
SECTION I - The follnyving identifies .yoii rights and options regarding an administrative appeal of the above decision.
Additional information may be found at lttt :/I wvw.usace.arm ..nail/Missio»s/CivilWorks/fte ulatoi Pro ramandPermits.as x or
Corps regulations at 33 CFR Part 3.31.
A: INITIAL PROFFERED PERMIT: You may acceptor object to the permit.
■ ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60'days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
■ APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD.
The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps
district for further instruction. Also you may provide new information for farther consideration by the Corps to reevaluate the JD.
SECTION 11- REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections -are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record
of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the
administrative record. Neither the'appellant nor the Corps may add new information or analyses to the record. However, you may
rovide additional information to clarify the location of information that is already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Jason Steele, Administrative Appeal Review Officer
Attn: David Brown
CESAD-PDO
151 Patton Avenue, Room 208
U.S. Army Corps of Engineers, South Atlantic Division
Asheville, North Carolina 28801-5006
60 Forsyth Street, Room 1 OM15
828-271-7980, ext. 4232
Atlanta, Georgia 30303-8801
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investi ation, and will have the opportunity to participate in all site investi ations.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

LEGEND
Project Area
HDR Delineated
Streams
Photograph Location
—�
Inside
o
GPS Points
—�
Outside
Upland Data Point
HDR Delineated Streams
Topographic Contours
French Broad River
Hybrid
DATA SOURCE: Aerial Imagery from Bing Maps
GPS POINTS WERE COLLECTED USING
TRIMBLE GE07XAND POST -PROCESSED
0
Feet 500
Stream 2 - Potential Non -
Wetland Waters of the U.S.
621 linear feet
Stream 1 - Potential Non -
Wetland Waters of the U.S.
27 linear feet
Upland
Data Point
w
Approximate Total Jurisdictional RPW Tributary: 2,564 linear feet'
FM
Approximate Total Jurisdictional Wetlands: 0 acres
Approximate Total Jurisdictional Pond: 0 acre
Approximate Total Uplands: 34.30 acres
Approximate Total Site Acreage: 34.30 acres
. I
Y
M
t.
Fren.07 Broad Rive,
Stream 4 - Potential Norr
Wetland Waters of the U.S.
1130linear feet
Stream 3 - Potential Non -
Wetland Waters of the U.S.
786 linear feet
r^ Stream 2 -Potential Non- _ (�,
Wetland Waters of the U.S. Cvl
621 linear feet 0 Feet 100
Note' French Broad River was clipped from NHD data
for this illustration. The bankwas notdelineated in the field.
1 'I
1
1lM•-1111111111
L
_ r Name: Ferncliff Retail Substation — Site E Project
�'- Applicant: Duke Energy Carolinas
Location:South of Old Fanning Bridge Road, east of
' Broadpointe Drive, and north of Boylston Hwy (SR280).
r'• Henderson County PID #: 9642187974 and 9642292434
Date: 12111/2018
- Project Area: 34.30 acres
Center Coordinates:-82.552774', 35.426312'
0 Feet 100 SAW #:
Yt L4
DUKE FERNCLIFF RETAIL SUBSTATION — SITE E
ENERI13t POTENTIAL JURISDICTIONAL WATERS OF THE U.S.
FIGURE 6
PATH: iCETSMV07b�'11w�T6W111[F�EHE0.P'fL10SCYlF?_FERIrC 11fF�{[EINLVT.�wlP1NAPfYlOSm1%[1D.10DJQiriCllrP�GM1�•USHt a(OCH-MTF 1]/1712018 - — — f
PRELIMINARY JURISDICTIONAL DETERMINATION VERIFICATION

PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: February 12, 2019
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Duke Energy Carolinas, LLC / Attn.: Kevin Mason
526 Church Street, EC09Q
Charlotte, NC 28202
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2018-02316, Femcliff Retail Substation
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located on a tract of land (PINS 9642-18-7974 and 9642-29-2434) along the west bank of the French
Broad River, south of the bridge over the river on Old Fanning Bridge Road, in Mills River, Henderson County,
North Carolina.
State: NC County/parish/borough: Henderson City: Mills River
Center coordinates of site (lat/long in degree decimal format): 35.42631 N, 82.55277 W
Universal Transverse Mercator: N/A
Name of nearestwaterbody: UTs French Broad River and French Broad River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: February 12, 2019
FieldDetermination. Datc(s): January 24, 2019
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION
Centered Coordinates
Estimated Amount of
Geographic
Site Number
(decimal degrees)
Aquatic Resource in
Type of Aquatic
Authority to Which
Review Area
Resources
Aquatic Resource
Latitude Longitude
(linear feet or acre)
"May Be" Subject
Stream 1
❑ Wetland
Section 404
(UT French
35.427335
-82.554286
27 if
® Non -wetland Waters
Q Section 10/404
Broad River)
Stream 2
(UT French
35.42804
-82.553353
621 if
Q Wetland
Section 404
Broad River)
® Non -wetland Waters
❑ Section 10/404
Stream 3
(UT French
35.427529
-82.552245
786 1f
Q Wetland
Section 404
Broad River)
® Non -wetland Waters
Section 10/404
Stream 4
(French Broad
35.427616
-82.551208
1,1301f
Wetland
0. Non -wetland Waters
Section 404
Section 10/404
River)

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 (AID) 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 AID 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 AID 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 preliminary JD (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 preliminary JD requester: HDR
® Data sheets prepared/submitted by or on behalf of preliminary JD requester. HDR
® Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rational:
❑ Data sheets prepared by the Corps:
❑ Corps navigable waters' study:
�] U.S. Geological Survey (USGS) Hydrologic Atlas:
❑ USGS NHD data.
❑ USGS 8 and 12 digit HUC maps.
® USGS map(s). Cite scale & quad name: Skyland.
® Natural Resources Conservation Service (NRCS) Soil Survey.
Citation: Henderson County, NC
❑ National wetlands inventory (NWI) map(s). Cite name:
❑ State/Local wetland inventory map(s):
f Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map No.3700964200K,
effective date Jan. 6, 2010
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)

0 Photographs: ® Aerial (Name & Date): Google Earth Pro, Oct. 2015, Nov. 2013, Oct. 2010, May 2009, Jun. 2008,
Mar. 2007, May 2006, Apr. 2002, Mar. 1998, and Mar. 1994
or ❑ Other (Name & Date):
0 Previous determination(s). File no. and date of response letter:
El Applicable/supporting scientific literature:
Other information (please specify): The streams on the property are UTs of the French Broad River and the French
Broad River. The streams exhibit physical ordinary high water mark (OHWM) indicators including, break in slope;
developed bed and bank; changes in sediment texture and soil character; natural line impressed on the bank;
shelving; absence of vegetation; leaf litter washed away; sediment deposition and sorting; water staining; presence of
debris; and scour. The French Broad River is depicted as solid blue lines on the USGS 7.5 minute quadrangle map
Skyland and the most current Natural Resource Conservation Service Soil Survey for Henderson County. Solid blue
line features on these mapping conventions typically represent perennial streams.
The UTs of the French Broad River flow into the French Broad River, a traditional navigable river and Section 10
water. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River
flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico.
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and
should not be relied upon for later jurisdictional determinations.
avid Brown, February 12, 2019
Signature and date of Regulatory
staff member completing
preliminary JD
Duke Energy Carolinas, LLC / Attn.: Kevin Mason
OR
HDR
(per Agent Authorization)
Signature and date of person requesting
preliminary JD (REQUIRED, unless obtaining the
signature is impracticable)
Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy foryour record
and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers -Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester 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.