20150621 Ver 1_401 Application_20150615

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5082
balance through proper plonning
The following application is being submitted on behalf of Mr. Carl Morrison for the subject property on
Honey Drive off Chunns Cove Road in Buncombe County, North Carolina. The proposed project will
facilitate the construction of two residential structures and two outbuildings. Included in this application
are the following:
• U.S. Army Corps of Engineers Pre - Construction Notification Form and Supplemental Information
• Conceptual Map of the Morrison Property
• USACE Jurisdictional Determination for the subject property (June 8, 2015)
Thank you for your time,
Hunter Terrell
Aquatic Resource and GIS Specialist
828.253.6856
37 Haywood Street, Suite 100 Asheville NC 28801 828.253.6856 www.equinoxenvironmental.com

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p Office Use Only:
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r- 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: I ❑X Section 404 Permit ❑ Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ❑X Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record For the record only for DWQ
because written approval is not required? 401 Certification:
❑ Yes ❑X No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
2.
Project Information
2a.
Name of project:
Morrison Farms
2b.
County:
Buncombe
2c.
Nearest municipality / town:
Asheville
2d.
Subdivision name:
None
2e.
NCDOT only, T.I.P. or state project no: I NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Carl Morrison
3b.
Deed Book and Page No.
5255/0347
3c.
Responsible Party (for LLC if
applicable):
3d. Street address: 254 Pearson Drive
3e. City, state, zip: Asheville, NC 28801
3f. Telephone no.: 828 595 -6343
3g. Fax no.:
3h. Email address:
For the record only for Corps Permit:
❑ Yes ❑X No
❑ Yes ❑X No
❑ Yes X❑ No
❑ Yes X❑ No
JUN 19 2nt� 7
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Page 1 of 10
PCN Form — Version 1.4 January 2009

It
4. Applicant Information (if different from owner) I vim'
4a. Applicant is: ❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Hunter Terrell
r5b. Business name Equinox Environmental Consultation and Design, Inc.
Page 2 of 10
(if applicable).
5c.
Street address:
37 Haywood Street, Suite 100
5d.
City, state, zip:
Asheville, NC 28801
5e.
Telephone no.:
828 - 253 -6856 ext. 209
5f.
Fax no.:
5g.
Email address:
hunter@ equinoxenvironmental.com
Page 2 of 10

4 I B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID): 9649 -93 -7918
1 b. Site coordinates (in decimal degrees): I Latitude: 35.605359
1c. Property size: 23
2. Surface Waters
2a. Name of nearest body of water to proposed project: Ross Creek
2b. Water Quality Classification of nearest receiving water: Class B
2c. River basin: French Broad
Longitude: - 82.532683
acres
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:
See Supplemental Information
3b. List the total estimated acreage of all existing wetlands on the property: 0.17
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 1,104
3d. Explain the purpose of the proposed project:
See Supplemental Information
3e. Describe the overall project in detail, including the type of equipment to be used:
See Supplemental Information
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the ❑X Yes ❑ No ❑ Unknown
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past? Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ❑ Final
Preliminary ❑X
4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Equinox Environmental
Name (if known): Hunter Terrell Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
Corps jurisdictional determination on June 8, 2015
5. Project History
5a. Have permits or certifications been requested or obtained for El Yes ❑X No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project? ( ❑ Yes ❑X No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply)
X Wetlands
❑
❑X Streams — tributaries ❑ Buffers ❑ Open Waters ❑X 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 T
Excavation
Non -Tidal Freshwater Marsh No Corps
0.004
W2 P
Flooding
Non -Tidal Freshwater Marsh No Corps
0.05
W3
Choose one
Choose one Yes /No
W4
Choose one
Choose one Yes /No
W5
Choose one
Choose one Yes /No
W6
Choose one
Choose one Yes /No
2g. Total Wetland Impacts:
0.054
2h. Comments:
Temporary impacts from utilities
installation. Permanent impacts to W2 resulting from pond construction.
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.
3g.
Stream impact
Type of impact
Stream name Perennial (PER) or Type of Average
Impact
number
intermittent (INT)? jurisdiction stream
length
Permanent (P) or
width
(linear
Temporary (T)
(feet)
feet)
S1 P
Culvert
UT to Ross Creek (S01) PER Corps 3
20
S2 P
Culvert
UT to Ross Creek (S01) PER Corps 3
113
S3
Choose one
S4
Choose one
S5
Choose one
S6
Choose one
3i. Comments:
3h. Total stream and tributary impacts 133
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
❑ Yes ❑X No If yes, permit ID no:
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
5i. Expected pond surface area (acres):
4a 4b. 4c.
4d. 4e.
Open water Name of waterbody
5j. Size of pond watershed (acres):
impact number (if applicable) Type of impact
Waterbody Area of impact (acres)
Permanent (P) or
type
Temporary (T)
01 Choose one
Choose
O2 Choose one
Choose
O3 Choose one
Choose
04 Choose one
Choose
4f. Total open water impacts
4g. Comments.
you MUST fill out Section D of this form.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman
5a. 5b.
5c.
5d. 5e.
Pond ID number Proposed use or
Wetland Impacts (acres)
Stream Impacts (feet) Upland
purpose of pond
Stream name Buffer
(acres)
Flooded Filled Excavated
Flooded Filled Excavated
P1 Irrigation 0.05 0 0
0 0 0 0.06
P2 Choose one
Permanent (P) or
5f. Total: 0.05 0 0
0 0 0 0.06
5g. Comments
5h. Is a dam high hazard permit required?
❑ Yes ❑X No If yes, permit ID no:
5i. Expected pond surface area (acres):
0.11
5j. Size of pond watershed (acres):
35
5k. Method of construction:
See Supplemental Information
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer,
then complete the chart below. If yes, then individually list
all buffer
impacts
below. If any impacts require mitigation, then
you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman
❑ Other:
6b. 6c.
6d. 6e. 6f.
6g.
Buffer Impact Reason for impact
Stream name Buffer
Zone 1
Zone 2
number -
mitigation
impact
impact
Permanent (P) or
required?
(square
(square
Temporary (T)
feet)
feet)
B1
Yes /No
B2
Yes /No
B3
Yes /No
B4
Yes /No
B5
Yes /No
B6
Yes /No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
cl
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
See Supplemental Information
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Standard sediment and erosion control measures, including silt fencing will be implemented during construction to minimize impacts to downstream
water quality. Additionally, work in S01 will be done in the dry or discharge diverted during in- stream construction. Excavation through W01 for utilities
would be done efficiently to minimize temporal impacts. Area would be re- seeded with appropriate seeding mix post- construction.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for ❑ Yes ❑X No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply): ❑ DWQ ❑ Corps
.❑ Mitigation bank
2c. If yes, which mitigation option will be used for this ❑ Payment to in -lieu fee program
project?
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
Type: Choose one Quantity:
3b. Credits Purchased (attach receipt and letter) Type: Choose one Quantity:
Type: Choose one Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached. ❑ Yes
4b. Stream mitigation requested: linear feet
4c. If using stream mitigation, stream temperature: Choose one
4d. Buffer mitigation requested (DWQ only): square feet
4e. Riparian wetland mitigation requested: acres
4f. Non - riparian wetland mitigation requested: acres
4g. Coastal (tidal) wetland mitigation requested: acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

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

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ❑X No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 3
2b. Does this project require a Stormwater Management Plan? ❑ Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
The project is less than 24% impervious and the drainage areas within the project area are less than 24 %.
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project? Buncombe County
Z Phase II
3b. Which of the following locally - implemented stormwater management programs ❑ NSW
apply (check all that apply): ❑ USMP
❑ Water Supply Watershed
❑ Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been
El Yes ❑X No
attached?
4.
DWQ Stormwater Program Review
❑Coastal counties
❑HQW
4a.
Which of the following state - implemented stormwater management programs apply
❑ORW
(check all that apply):
❑Session Law 2006 -246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements? I
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met? I
❑ Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes X❑ No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA /SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ❑ Yes ❑ No
Comments,
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑Yes ❑X No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after - the -fact permit application? El Yes ❑ No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑Yes X❑ No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The property owner has opted to develop a "mini- farm" on the property as opposed to a residential development. The current plan is to develop it for
their personal use and not develop the property further.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non- discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Utilities proposed facilitate the discharge of wastewater to the Metropolitan Sewerage District of Buncombe County.
Page 9 of 10
PCN Form — Version 1.4 January 2009

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or ❑X Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes X❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
North Carolina Natural Heritage Data.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes ❑X No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
NOAA Essential Fish Habitat Mapper v3.0- Accessed February 26, 2014 (http:Hwww. habitat. noaa. gov / protection /efh /habitatmapper.htm l)
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation ❑ Yes ❑X No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
State Historic Preservation Office HPOWEB GIS Service- Accessed June 10, 2015 (http: / /gis.ncdcr.gov/hpowebn.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Floodplain Mapping Program GIS Data- Downloaded 12/2014
❑ Yes
Applicant/Agent's Printed Name Applicant/Agent's Signature
(Agent's signature is valid only if an authorization
letter from the applicant is provided.)
Page 10 of 10
❑X No
Date

Supplemental Information
3a. The Morrison parcel consists of an —23 acre tract, of which 16 acres are forested with 20 -30% slopes,
—0.5 acres have an existing house, and —4.7 acres of existing pasture with 5 -10% slopes. In February
2015, the site was cleared of brush, consisting of Japanese Honeysuckly (Lonicera japonica), Chinese
Privet (Ligustrum sinense), and Oriental Bittersweet (Celostrus orbiculatus). The southeast corner of the
parcel has been recently graded in preparation for installation /planting of a 600 tree apple orchard and
two green houses. A February 2015 Jurisdictional determination by the USACE identified a total of 1,104
feet of intermittent and perennial stream as well as 0.18 acres of wetland.
3d. The purpose of the proposed actions are to facilitate the establishment of a "mini- farm" and
construction of two residential structures and two outbuildings (1 barn and 1 workshop). The proposed
construction consists of access roads for the structures, utility lines (gas, water, sewer, electric), a 4,900
square foot (0.11 acre) pond, and expanding pasture along the southwest corner of the project. Access
roads and utility lines are necessary for the residential structures and outbuildings. The pond would be
constructed for purposes of irrigating the orchard and watering cattle. Piping of 129 feet of stream
would be necessary to expand existing pasture in order to support three head of cattle.
3e. Access roads will be constructed using standard grading and excavation equipment (bulldozers, etc.)
to prepare the building site, access roads, and pond. Appropriate sediment control measures, such as
silt fencing, will be installed prior to construction activities.
Roads would be constructed of gravel /roadbond and 16' wide. The culvert and pipe on S1 would be
placed with a trackhoe and graded appropriately. To expand the pasture, S1 will be piped downstream
of the existing culvert for 129'. Pipe will be installed with a trackhoe and graded. Pipes and culverts will
be installed per permit conditions so as to not restrict flow, maintain a similar slope of the channel, and
at a depth below the natural channel bed to aid passage during low flow conditions.
The pond would be constructed by building a 4.5' high dam downslope of the existing W02 and placing a
12" discharge pipe for overflow. Water would be supplied by S2b and a well installed on the northeast
corner of the property to insure ample water supply for the orchard. The overflow would discharge
downstream of the dam near the property line, not exceeding the discharge of the feeder stream (S2b
on Figure2. Overview Map).
Utility trenches will be excavated using a trackhoe and utility lines installed per code. Installation will
temporarily impact W01 while excavation and installation occurs. Upon completion, the utilities will be
buried and disturbed areas re- seeded with an appropriate wetland seed mix.
C.Sk. The pond dam would be constructed of earthen material. Due to the topography upslope of the
dam, no excavation would be necessary. Discharge from the pond would be regulated through a 12 inch
pipe with a draw down valve downstream of the dam.
D.1a. Roads have been sited on the property to minimize disturbance to aquatic resources given the
proposed action. Using the existing culvert crossing was considered; however, to maintain continuity
between pastures, the road was sited along the property boundary. The road alignment was altered
from its original location, which crossed Stream S2b, to its current alignment in order to avoid impacts
to the stream. In order to maintain appropriate slope for a gravity -fed sewer, utilities had to be sited
along the current alignment. Mr. Morrison did, however, site the utilities so it avoided impacting stream

.jd
S01. Regarding the pond, in order to minimize earthwork and due to topographic constraints, the pond
was sited in its current location, flooding W02. In order to maintain the minimum herd size (one bull
and two cows), 2 acres per head is needed. Piping 113 feet of S1 is necessary to maximize available
pasture in the lower sloped areas of the property.

Workshop
A —MAN
�•
• Construct Pond (0.11 acres)
,.,r !.�•_._.___� _ *+ "Fill" Existing Wetland (0.04 Acres)
r.r.r.r• arage
House
Install Buried 18" Utility Line L01
A. (gas, water, sewer, electrical)
• - - -- - - - - --
.�
� � g ��' Orchard
0
Existing Culvert (16 ft)
j Cottage
1 -6 _
Pipe 113 ft. of stream for pasture
j► `a Construct 20' Culvert for Road
NC One Map. NC Center for GegLra'�icll formation and Anal,
Streams - Field Determined i Delineated Wetland
Morrison Parcel Conceptual Plan Ephemeral JD Evaluation Area N Notes:
Project Overview ----- N Intermittent Parcel Boundary 1�
County Pin No. 9649937918 Perennial Culvert (Existing 16 ft Length) S
61812015
Streams - LIDAR Proposed Sewer 0 50 100 200
Feet
� Proposed Roads

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2015 -00265 County: Buncombe
NOTIFICATION OF UNAUTHORIZED ACTIVITY / PERMIT NONCOMPLIANCE
Responsible -
Party Carl Morrison
Address 254 Pearson Drive
Asheville. NC 28801
Telephone Number 828 -595 -6343
Authorized
Agent Hunter Terrell
Equinox Environmental
Address 37 Havwood Street
Asheville, NC 28801
Telephone Number 828- 253 -6856
Size and Location of Property (waterbodv, Hh!hwav name /number. town, etc.): The site is located at
18 Honey Drive, Asheville, Buncombe County, North Carolina. 35.605359 -N, - 82.532683 -W
Description of Unauthorized Activity / Permit Noncompliance,: During a site visit with you on
January 6, 2015 I noted a discharge of fill material (grading) into Water of the U.S. (streams and
wetlands) which are subject to our regulatory authority pursuant to Section 404 of the Clean Water Act.
During the site visit you agreed to have the waters of the U.S. delineated and to submit a restoration plan
for the impacted areas.
Indicate Which of the Following Apply:
X Unauthorized Activity River and Harbor Act, Section 10 (33 USC 403)
Noncompliance with Permit X Clean Water Act, Section 301 (33 USC 1311)
Since you did not have a Department of the Army Pen-nit for the above described activity, it is a violation of federal
law as specified above. Do not conduct further work in waters or wetlands without the required Department of the
Army Permit. Any further unauthorized work in waters or wetlands will be considered an intentional violation of
federal law. If you do no further work in waters and/or wetlands, and perform the remedial action
requested below, the Corps of Engineers will take no further action in this matter. If you continue to
work in waters and/or wetlands without the required authorization, and/or fail to perforni the requested
remedial action, the Corps will take further administrative action, and may request the U.S. Attorney to
file suit against you_ If you need further information about the Corps of Engineers, regulatory program,
please contact Tasha Alexander at telephone number (828) 271 -7980 extension 226.
Remedial Action Requested: On February 5, 2015 I verified the waters of the U.S within your
proiect area. On February 11. 2015 we received a planting plan to restore the impacted areas. On,
March 26, 2015 you provided photographs of the restored areas. At this time no further action is
required. Please note this does not authorize any additional work in waters of the U.S..
Your signature acknowledges receipt of this notification. Return a signed copy of this notification to
the Asheville Regulatory Field Office at 151 Patton Avenue, Room 208, Asheville, NC 28801 -5006.
Property Owner / Responsible Party Sig to AD
Regulatory Project Manager Signature
Date dL O

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID: 2015 -00265 County: Buncombe U.S.G.S. Quad: NC- Asheville
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Carl Morrison
Address: 254 Pearson Drive
Asheville, NC 28801
Telephone Number: 828 -595 -6343
Size (acres): Approximately 8 Nearest Town: Asheville
Nearest Waterway: Ross Creek Coordinates: 35.605359 N. - 82.532683 W
River Basin/ HUC: French Broad / 06010105
Location description: The nroiect is located at 18 Honev Drive, Asheville, Buncombe County, North Carolina.,
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). If you wish, you may request
an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may provide
new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described property subject to the pen-nit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and /or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant_ To be considered final, any delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and 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.

u
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Tasha Alexander at 828 -271 -7980, ext. 226 or
tasha .l.alexander @usace.army.mil.
C. Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Regional Supplement to the Corps-of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont
Region(version 2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channels on the property are unnamed tributaries (UT) to" Ross Creek which
flows into the French Broad / 06010105 River.
D. Remarks: A site visit was conducted on January 6, 2015. Jurisdictional features were noted but were not
delineated. On February 5, 2015 a site visit was conducted to verify the delineation performed by Equinox
Environmental. Hunter Terrell was present. The waters and wetlands are accurately depicted on the updated map
labeled Morrison Parcel Stream/Wetland Determination dated 1/15/2015.
E. Attention USDA Program Participants
This deIineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The del ineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOM15
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 within 60 days of the date below.
* *It is not necessary to submi RFA rm to th ivision Office if you do not object to the determination in this
correspondence.
Corps Regulatory Officia ,U!( N f�(�i/
Tasha Alexander
Issue Date of JD: June 8, 2015 Expiration Date: Five years from Issue Date

The Wilmington District is committed to providing the Highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
h ttu:Hreuu 1 atorv.usacesurvev. com /.
Copy furnished:
Hunter Terrell
Equinox Environmental
37 Haywood Street
Asheville, North Carolina 28801

Applicant: Carl Morrison File Number: SAW - 2015 -00265 I Date: June 8, 2015,
Attached is: See Section below
❑j INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
❑) PROFFERED PERMIT (Standard Permit or Letter of permission) B
❑l PERMIT DENIAL C
®I APPROVED JURISDICTIONAL DETERMINATION D
❑1 PRELIMINARY JURISDICTIONAL DETERMINATION E
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Pen-nit, 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 Pen-nit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the pennit, including its terms and conditions, and approved jurisdictional detenninations 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 pen-nit be modified accordingly. You must complete Section II of this form and return the fonn 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 pen-nit to address some of your
objections, or (c) not modify the permit having determined that'the pen-nit 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 Pennit, you may sign the pen-nit document and return it to the district engineer for final
authorization. If you received a Letter of Pennission (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 pen-nit 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 further consideration by the
Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered pen-nit 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 provide additional information to clarify the location of information that is already in the administrative
record.
Tln "N:
4POIfq F�CONTACT4FORQIJESTIONS .OR';INFQRtilA , Q,r4 "..
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: Tasha Alexander CESAD -PDO
828 -271 -7980 U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 1OM15
Atlanta, Georgia 30303 -8801
Phone:'(404) 562 -5137
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 investigation, and will have the opportunity to participate in all site investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Tasha Alexander, 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]

S2a - 418 Feet
S 1- 620 feet
S2b - 66 Feet
S2c - 582 feet
Area previously in pasture. No
channel present prior to grading.
V `V
NC OneMap, Ce „
Streams -Field Determined Culvert (16 ft Length)
Morrison Parcel StreamlWetland Determination .. Ephemeral Contour (20 ft) ti
Project Overview
County Pin No. 9649937918 """ Intermittent Q Evaluated Area a
1/15/2015 Perennial
i i.
: ; ,+. Delineated Wetland
Streams - LIDAR o 75 Aso
Parcel Boundary
300
feet
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