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Home My WebLink About20151027 Ver 2_Black Mountain PJD_20200522Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder Assign Action ID Number in ORM 1. Project Name [PCN Form A2a]: 2. Work Type: Private Institutional Government Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: 4. Property Owner / Applicant [PCN Form A3 or A4]: 5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]: 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]: 8. Project Location – Tax Parcel ID [PCN Form B1a]: 9. Project Location – County [PCN Form A2b]: 10. Project Location – Nearest Municipality or Town [PCN Form A2c]: 11. Project Information – Nearest Waterbody [PCN Form B2a]: 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]: Authorization: Section 10 Section 404 Section 10 and 404 Regulatory Action Type: Standard Permit Pre-Application Request Nationwide Permit # Unauthorized Activity Regional General Permit # Compliance Jurisdictional Determination Request No Permit Required Revised 20150602 Lake Tomahawk Sediment Removal Project ✔ The proposed project will dredge sediment from an existing failed in stream sediment barrier system and repair an existing walking bridge. A new sediment containment device will be installed and the stream will be re-centered under the bridge to prevent future bridge issues. Wildlands Engineering, Inc. Jordan Hessler Coordinates: 35.6205, -82.3296 Site Address: 401 Laurel Circle Drive, Black Mountain, 28711 61906884100000 Buncombe Black Mountain Lake Tomahawk French Broad/06010105 ✔ ✔ ✔ Wildlands Engineering, Inc.  phone 704-332-7754  fax 704-332-3306  167-B Haywood Road  Asheville, NC 28806 April 28, 2020 Mrs. Amanda Jones Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Subject: Pre-Construction Notification Pursuant to Nationwide Permit No. 3 and Water Quality Certification No. 4132 Lake Tomahawk Sediment Removal Project Buncombe County, North Carolina Dear Mrs. Jones: The Lake Tomahawk Sediment Removal Project site is located at 401 Laurel Circle Drive, Black Mountain 28711 in Buncombe County (Figures 1 & 2). Wildlands Engineering (Wildlands) is working on behalf of the property owner to remove and reconstruct a sediment barrier system and repair an existing walking bridge. Agent Authorization form is attached which provides verification that Wildlands is acting on behalf of the property owner. We have included the following supporting data • Cover Sheet, • Vicinity, USGS, Site Map, • Jurisdictional determination request form and Property Card, • Preliminary jurisdictional determination form, • Signed agent authorization form, and • 11” x 17” copy of the 60% plan set Please do not hesitate to contact me at 828-551-8582 or at jhessler@wildlandseng.com should you have any questions regarding this request for jurisdictional verification. Sincerely, Jordan Hessler Environmental Scientist 06010105040010 03050105040010 06010105070030 03050101010010 06010105070010 06010105070020 ¹Figure 1 Vicinity Map Lake Tomahawk Sediment Removal Project French Broad River Basin (06010105) Buncombe County USGS 7.5-MINUTE QUADRANGLE VALLE CRUCIS 0 1 20.5 Miles Project Location Hydrologic Unit Code (14-Digit) !( ¹Figure 2 USGS Topographic Map Lake Tomahawk Sediment Removal Project French Broad River Basin (06010105) Buncombe County USGS 7.5-MINUTE QUADRANGLE BLACK MOUNTAIN 0 1,000500 Feet Assessment Area !(Site Lat/Long Location Site Coordinates: (35.6205, -82.3296) ¹Figure 3 Site Map Lake Tomahawk Sediment Removal Project French Broad River Basin (06010105) Buncombe County 0 10050 Feet Project Parcel Assessment Area Lake Tomahawk Project Open Water Open Water Impact Project Stream (323 LF) Stream Impacts (229 LF) Soils UfB - Udorthents-Urban Land Complex WaterS1 Tomahawk Branch (229 LF) O1 Lake Tomahawk (0.04 AC) Jurisdictional Determination Request Version: May 2017 Page 1 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: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, 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 FIELDOFFICES US ArmyCorps of Engineers 151 Patton Avenue,Room 208 Asheville, North Carolina28801-5006 GeneralNumber: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGHREGULATORYFIELDOFFICE US ArmyCorps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina27587 GeneralNumber: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 2407 West Fifth Street Washington, North Carolina27889 GeneralNumber: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTONREGULATORYFIELDOFFICE US ArmyCorps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 GeneralNumber:910-251-4633 Fax Number: (910) 251-4025 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 starting work. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTORINFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant 1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION 2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). 401 Laurel Circle Drive Black Mountain, NC 28711 Buncombe 061906884100000 Jordan Hessler 167-B Haywood Road Asheville, NC 28806 828-551-8582 jhessler@wildlandseng.com Town Of Black Mountain PO Box 882 Black Mountain, NC 28711 ✔ Jurisdictional Determination Request Version: May 2017 Page 3 D. PROPERTY ACCESS CERTIFICATION 3,4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on- site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the 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. Print Name Capacity: Owner Authorized Agent5 Date Signature E. REASON FOR JD REQUEST:(Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be 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 underCorpsauthority. I intendto construct/develop a project or perform activities on this parcelwhich may require authorization from the Corps, andthe JDwould beusedto avoid and minimize impacts tojurisdictional aquatic resources and as aninitialstep in a future permitting process. I intendto construct/develop a project or perform activities on this parcelwhich 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 intendto construct/develop a project or perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. 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 NCDOT/USACE protocols, skip to Part E. 4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Jordan Hessler April 28, 2020 ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary 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. 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). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. 0.85 ✔ ✔ ✔ Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A 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).6 North Arrow Graphical Scale Boundary of Review Area Date Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 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/Regulatory-Permit- Program/Jurisdiction/ 35.6205 -82.3296 ✔ ✔ Page 1 of 2 94 .STATE Or, NORTH CAROLINA, COUNTY OF BUNCOMBE. THIS DEED, Made this the -------- l91h--------- day uf_............ ........._December---------------------_-_._, 193-s`'..... by and between LAKEWOOD REALTY COMPANY, a corporation, duly created, organized and existing under and by virtue of the laws of North Carolina, and having its principal office in the Town of Black Mountain, in the County and State aforesaid, party of the first part, and-_�!-hE_-_T �--_ — ---B �±�.-- T--i �--.----.---_ a Municipal _corporation,__of Buncombe County,�North Carolina part ----- of the second part, THAT the the said pa:rfy of the first part, for and in consideration of the sum of Ten Dollars, and other valuable considerations, to it in hand paid by the said partyofthe second part, receipt of which is hereby duly acknowledged, has, subject to the restrictions hereinafter set forth, bargained, and sold and b these resents does bargain, sell and convey, unto the said its success%Ohe heirs and assigns forever, Y p g Y� Part.i�T...of the second patx------------------------------- -- - all th2SG..-_certain piece..S-------- parcel_-s...... or lot-.,S_.-of land, lying and being in Black Mountain Township, Buncombe County, North Carolina, and described as follows: 1. All that portion of Block No. TWO (2) , Un-numbered, as laid down and shown on the Plat of the Methodist Colony Company, recorded in Plat Book Na 154, on page No. 193, of the Buncombe County Records. 2. All that portion of Block No. TWENTY-EIGHT (28J Un-numbered, as laid down and shown on the Plat of the Methodist Colony Company,recorded in Plat Book No. 154, on page No. 193, of the Buncombe County Records. 3. All -of the property as shown `on the Plat of the Methodist Colony Company, designated thereon as "SWIMMING POOL't, 'LAKE TOMOHAWK", and those two certain Lots designated as "PARKS", lying between Laurel Avenue and ; Cherokee Avenu6, lying East and West of the forth portion of the lake, all as shown on the plat of the property aforesaid, recorded in Plat Book No. 1549 on page No. 193, off the Buncombe County Records. 4. That certain small lot of land, un-numbered,lying on the west side of Lot No. 1, also Lots Nos. 2,3,405,6,7, and 8 and the large lot unnum- bered lying'East of Cherokee Avenue, Block No. THIRTY-THREE, as laid down and shown on - the Plat of the Methodist Colony Cdnpany, ' recorded in Plat Book No 154 on page No. 193, of the Buncombe County Records. 5. Those two large lots of land,un numbered; and Lots Nos.6,7,8, 9 and 10 of Block No. THIRTY-FOUR (34) , as laid down and shown on the Plat of the Methodist Colony Compahy recorded in Plat Book`No.154, on page No.193, of the Buncombe County Records. " 6. Lots Nos. and 18, of Block No. THIRTY FIVE (35) as laid down and shown on the Plat of the Methodist Colony Company, recorded in Plat Book No. 154, on page No. 193, of the Buncombe r County Records. " 7• Lots Nos. 7,8,9110 and 11, of Block No. THIRTY-SIX (36), as laid down and shown on the map of the Methodist Colony Company, recorded in Plat Book No. 154, on page No. 193, of the Buncombe County Records. 8. BEGINNING on a stake, the Southwest corner of Lot No.89 in Block No. 36,,.Section No. 19 as laid down and shown on Plat of the Methodist Colony Company, duly recorded in the office of the Register of Deeds for Buncombe County, N. C, in Plat Book No.154 on page 1939 and runs thence from said beginning stake,South 81° 19t West 40.5 feet to a stake; thence North 300 561 West 247.5,feet to a stake; thence North 200 41 West,107 feet to a stake thence North 78° 7' West 369.7 feet to a stake, thence South 84° 43, West 885.9 feet to a stake; thence North 9° 18' West, 120.2 feet to a stake, thence North 55° 11' East 638.5 feet to a stake; thence North 9° 221 West 328.6 feet to a stakeothence South 790 East 638.6 feet to a stake; thence South 20 19' West 308.8 feet to a stake; thence South 870 56t East 106.5 feet to a stake; thence North 630 4' East 180 feet to a stake;thence North 81° 91 East 242.8 feet to a stake; thence South 2° 1' West 501 feet to a stake in the North line of Lot No, 11,Block No 36, on said Methodist Colony Company Map, thence North 890 West along and with the North line of said Lot No. 11, 100.3 feet to a stake, the Northeast corner of Lot No. 11, thence South 10 30' West,along and with the West line of Lots Nos. 8,9,10 and 11, Block No.Z8, 240 feet to the point of BEGINNING. Containing 18.01 acres, more or less, and being a part of the property known as the Mallonee tract, and the same property is excepted and reserved in that certain Deed of Trust, dated May 179 1929 from Black Mountain Lands Inc., to Commonwealth Bank & Trust Company, Trustee, recorded in Book No. 314, on page No. 1, of the Buncombe County Records, to which reference is hereby made. .,& Book:466 Page:2 Seq: 1 P* 2of2 TO HAVE AND TO HOLD, the above described lands and remises, together with all the privileges and appurtenances thereunto belonging, successors unto the said part --;-_.___of the second part,11i --- /__•__heir, and assigns, forever, subject however, to the conditions that the said part ---------- of the second part, during the term of twenty-one years from the date hereof, will not subdivide, sell or convey any part or parcel of said lands above described, to a Negro or any person of any degree of Ne ro blood or anerson of bad character. That this covenant shall run with the land, and shall be kept by the successor said part __-y.... of the second part, -US./ - - - ------- JE=and assigns, forever. successors AND the said party of the first part covenants to and with the said part ...Y... of the second part,11.9/--.----_I=, successors, and assigns, that it is seized in fee simple of said lands and premises, with the appurtenances, and has full right and power to convey the same in fee simple, subject to the conditions herein contained, and that the said lands and premises are free and clear from any and all liens and encumbrances whatsoever, and it will, and its successors and assigns, shall, forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its President and attested to by its Secretary, its Corporate Seal to be herto affixed, all by authority duly given by its Board of Directors. ATTEST: LAKEWOOD REALTY COMPANY J.P. Ashley _- - - - By--J,. G.Beall -- --- - - - Secretary. (Corporate Seal) President. STATE OF NORTH CAROLINA, COUNTY OF BUNCOMBE. Y This is to certify that on this the ------------- 1-_2------------- day of ----- ___.________Feb�aT�._ __.___..____..________, 19..... before me personally came...--------------- _ --------------. L. G......Be-a ---- ------------------------- _._.. -____ . .... _. -_.............. -........ ... -......................... ......... ....... ... - ----- - ----- ------ -• - with whom I am personally acquainted, who, being by me duly sworn says that he is the President and-;.___P AShley-_._.. --- ----------------------------------------- _____________....__________________________--- __-------------- _—is the Secretary of Lakewood Realty Company, the corporation described in and which executed the foregoing instrument; That he knows the common seal of said corporation and that the seal affixed to the foregoing Deed of Conveyance is said common seal, and the name of said Corporation was ' subscribed thereto by him, the said President, and that he, the said President, Aship ---------------------------------- the Secretary, subscribed their names in attestation thereto, and the said common seal was affixed, all by order of the Board of Directors of said Corporation, and that said Deed of Conveyance is the act and deed of sai� CFrp ration. WITNESS my hand and Notarial seal, this the-1.9......... -day of__....___Februar............. 19--- 3_3 .. MY COMMISSION EXPIRES: --______ J�. D ough ert - -- - - - Januag 14 1935 Notary Public. --- 1.......9--- 5................•--------........._..... (Notarial Seal) RELEASE ____________________________ Trustee, and the BANK OF BLACK MOUNTAIN, a banking corporation of Buncombe County, North Car- olina, and ___L. Gs Bpall___________ as holder of the notes as described in a certain deed of trust executed by LAKEWOOD REALTY COM- PANY to secure the indebtedness therein mentioned, by the conveyance of the land and premises therein described, of which the lands and premises de- scribed in the foregoing and attached deed is a part, which said deed of trust is duly recorded in the office of the Register of Deeds for Buncombe County, North Carolina, in Book 331, on page 260, to which reference is hereby made, and under and by virtue of the power and authority given and contained in said deed of trust, and in consideration of the payment to the said Bank of Black Mountain and ____.�e-Gt__.Be&lZ-.... _.... _......... .__.... as provided for in the aforementioned deed of trust, receipt of which is hereby duly acknowledged, does hereby grant, remise, release, and forever quit claim unto ----the ---- Tawn--- Df--- �B_lgck_._Mounta n� its successor ,o; _______._.____._.__._-...... sand assigns, the lands and premises particularly described in the aforementioned and attached deed, free and clear and forever discharged of and from the lien, operation and effect, of the aforesaid deed of trust recorded in Book 331, page 260. IN WITNESS WHEREOF, the said .._...Rjt.Ejt. _-Finch-. -- ___, Trustee, as aforesaid, has hereunto set his hand and seal and the said Bank of Black Mountain has caused its name hereunto to be signed by �'s P si t its corporate seal to be hereto affixed, and attested by its Secretary, all by authority of its Board of Directors duly given, and the said ... l+_!Y! ��$�________________________has also hereunto set his hand and seal this the day and year first above written. ...- ............ . •-•••-•---R.E. „_Finch- .. (SEAL) Trustee. ATTEST: BANK OF BLACK MOUNTAIN ------------ sT.-P-..-..A8h1.1'3-----------•--------_-- •---------- -------- gy -Wm. C. HdnB�t _ - (SEAL) ----------------------------- Secretary. President. L.G. Beall (Corporate Seal) __ ( } -••---•-•---•--__..__....---...-•----...._....__....--•...............__......._..____...__.___........---------.... SEAL tom, NORTH CAROLINA, BUNCOMBE COUNTY. •. R4RShEzt-V.................... ............ -_____.___..._- ------------ _--- _, a Notary Public in and for the County and State aforesaid, do hereby certify that -------- .-R._E.-Finab ..... _.... „........... Trustee, personally appeared before me this day and acknowledged the due execution by him, as Trustee, of the foregoing instrument for all the purposes therein expressed. WITNESS my hand and Notarial Seal, this the ... 12th----------- day of_______.FG61'L7a - 19 MY COMMISSION EXPIRES: ------ J.-A..Dougherty______.___________________ __ __ __ _1,935 Notary Public. _ •----.._.-- --......-----• (Notarial Seal) NORTH CAROLINA, BUNCOMBE COUNTY. This is to certify that on the ............ 12th.__ .... day of --------- !'P '1 &; _•__________, 19___34, before me personally came __.__________--------------------------------- ---------------- W,.__L---- $011eyL_'_U_t+_t•{••_____ ___________-- ____ _- _ . withwhom I am personally acquainted, who, being by me duly sworn, says that he is the President and that _-_-._ J.P. Ashley is the Secretary of the Bank of Black Mountain, the Corporation described in and which executed the foregoing instrument; that he knows the common seal of said Corporation and that the seal affixed to the foregoing instru- ment is said common seal, and the name of� said Corporation was subscribed thereto by him, the said President, and ------ ------ ................. __............ .------- _____-.--_ --• �- -•--- i5'h -------- the Secretary, subscribed their names in attestation thereto, and the said common seal was affixed, all by order of the Board of Directors of said Corporation, and that the said instrument is the act and deed of said Corporation. -_--- WITNESS my hand and Notarial Seal, this the-1•-9-tl.h------------ _day of__.....____. e.._;M�Pe.Y ...... ...- ........... ., 19.M... - MY COMMISSION EXPIRES: ........J_..A. _Dough.ert'cy------------ -------------------- ._...._.-.-_-----_--------------- - - January 14 19 35 Notary Public. ---------•--....-•---------------�---�---.....---•-••---------.....---•-••------.........----•- {Notarial Seal} NORTH CAROLINA, BUNCOMBE COUNTY. J.A-- DOt1 hErt; , a Notary Public in and for the County and State aforesaid, do here- by certify that ----------- 1-!_CJ_r_!---- Bea:1...______-„„..-......--_--______-__-_._.personally appeared before me this day and acknowledged the due execution by him of the foregoing instrument for all the purposes therein expressed. - 12th February WITNESS my hand and Notarial Seal, this the ----- -----------------------_day of ---------------------------- ,----- „. ------------------, 19__r�?�.__, MY COMMISSION EXPIRES: J.A. Doug_herti January 14 , 1935 Y Notary Public. -_.--------------- ----------------------------------------------------------------------------- --•-----• (Notarial Seal) STATE OF NORTH CAROLINA, COUNTY OF BUNCOMBE. The foregoing certificate of- --------- J*A* Doug E t a Notary Public in and for the County of Buncombe, ------•------ .-- fV O•i33 - State of North Carolina, duly authenticated byh.i. --------- &&i Ilq Seal thereto affixed is adjudged to be correct, ier�de-fern-and�ecardir� laeR _ TkoAa6oat.let the instrument and the certificate, widt-ttisvertifieaft, be registered. - This the .... 14--th------ day of__.Apxl3--------_---------------- - 193...------------- ---J._Y..-,..... 11a.,Ya,S.,tp_eP?uty---------- Clerk Superior Court Buncombe _= County, State of North Carolina. Filed this the.-�-4th da ofAPr4------------- --•- -- _ Y -- -•----, 193....1, ata.1e_20_..---------------- o'clock. -- GEO. A. DIGGES, JR. ' Register of Deeds, Buncombe County. Copied MoOr@ b p Y - -----Verified b ____�__.-- °�'. p_�Finished b - - ..-... •----- Book: 466 Page: 2 Seq: 2 Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form x PJDs,please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table x AJDs, please complete an Approved Jurisdictional Determination Form 8 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.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose:The information thatyouprovide will beusedinevaluating your requestto determine whether thereareany aquatic resources within the project areasubjecttofederaljurisdictionunder the regulatory authorities referencedabove. RoutineUses:Thisinformation maybeshared with the Departmentof Justice andotherfederal, state,and local government agencies, and the public,andmaybe made available aspartof a public notice as required byfederal law. Your nameandproperty location wherefederal jurisdiction is to bedetermined will beincluded in the approved jurisdictional determination (AJD),which will bemade available tothe public on the District's website andontheHeadquartersUSAGEwebsite. Disclosure:Submission ofrequested information is voluntary; however, ifinformation is notprovided, the requestforanAJD cannot beevaluatednorcananAJD be issued. ✔ ✔ ✔ ✔ ✔ PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATI ON A. REPORT COMPLETION DATE FOR PJD: 4/28/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Inc., Jordan Hessler, 167-B Haywood Road, Asheville, NC 28806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Lake Tomahawk Sediment Removal Project, N/A D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 401 Laurel Circle Drive, Black Mountain, NC 28711 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Buncombe City: Black Mountain Center coordinates of site (lat/long in degree decimal format): Latitude: 35.6205 Longitude: -82.3296 Universal Transverse Mercator: UTM 17 Name of nearest waterbody: Lake Tomahawk E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 3/04/20 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non-wetland waters) Geographic authority to which the aquatic resource “may be” subject (i.e., Section 404 or Section 10/404) 1.) Tomahawk Branch 35.371394 -82.1947.27 323 LF Non-wetland waters Section 404 2.) Lake Tomahawk 35.371282 -821946.84 0.04 AC Non-wetland waters Section 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non-reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. 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: GIS figures including Vicinity, USGS Topographic, Site Map. 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: 1:24,000 Black Mountain quadrangle Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey Website National wetlands inventory map(s). Cite name: State/local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date): 2019 aerial on GIS figures with submittal. or Other (Name & Date):. Previous determination(s). File no. and date of response letter: Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. 4-28-2020 Signature and date of Regulatory staff member completing PJD DATE Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable) 1 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.