20200522 Ver 1_USACE Permit SAW-2020-00369 NWP 29_20200610

June 10, 2020

Regulatory Division
Action ID Number: SAW-2020-00396

Vista Developers, LLC
Attn.: Ed Nunez
525 N. Main Street
Hendersonville, North Carolina 28792

Dear Mr. Nunez,

Based on the Corps’ issuance of the after-the-fact permit verification dated June 10,
2020, the Corps has determined that you have completed the requested remedial actions outlined
in the Notification of Unauthorized Activity (UA) issued under this Action ID number on March
2, 2020. Do note, you will need to comply to the terms and conditions of the issued permit.

We appreciate your willingness to comply with the issued directive and completion of the
corrective measures of this Action ID. Please be aware that future unauthorized activity or permit
non-compliance may result in the assessment of a Class I Administrative Penalty under the
authority of 33 U.S.C. § 1319(g) and 33 CFR Part 326.6. Any future unauthorized work in
waters of the U.S. will be considered an intentional and knowing violation of federal law. If you
conduct work in jurisdictional waters without the required authorization, the Corps may/will take
administrative action against you, which can include a request to the U.S. Attorney to file suit
against you.

Be advised this letter pertains to your agreed upon obligations with the Corps under this
action and does not obviate the need to meet your obligations with state or local agencies on this
matter. Please contact me if you have any questions or comments, 828-271-7980, ext.4232.

Sincerely,
David Brown, PG
Regulatory Specialist/Geologist
Asheville Regulatory Field Office

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
Copies Furnished (by email):

Mr. Andrew Moore
NCDEQ-DWR
2090 US Highway 70
Swannanoa, North Carolina 28778
[e-mail]

Ms. Andrea Leslie
NCWRC
645 Fish Hatchery Road
Marion, North Carolina 28752
[e-mail]

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action ID. 2020-00396 County: Henderson U.S.G.S. Quad: Bat Cave

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Vista Developers, LLC / Attn.: Ed Nunez
Address: 525 N. Main Street
Hendersonville, NC 28792
Telephone Number: 828-698-2400
Email: [e-mail]

Size (acres): 0.5 Nearest Town: Hendersonville
Nearest Waterway: UT Lewis Creek Coordinates: 35.38463 N, 82.36400 W
River Basin/HUC: Upper French Broad (06010105)

Location description: The two sites are located in the Blacksmith Run residential development in Hendersonville,
Henderson County, North Carolina. The first site is located on a tract of land (PIN 9691-71-6902) known as Lot 72 on
Rivet Court. Coordinates are 35.38463, -82.36400. The second site is a stream crossing on Blacksmith Run Drive
between 701 and 669 Blacksmith Run Drive. Coordinates are 35.38425, -82.36531.

Description of projects area and activity: This after-the-fact permit verification authorizes 166 linear feet of permanent
stream impacts to an unnamed tributary (UT) of Lewis Creek associated with installation of culvert for a road stream
crossing on Blacksmith Run Drive and clearing and grading of Lot 72.

Special Condition(s):
1) In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with
the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.

2) The relocated channel of UT Lewis at Lot 72 is to be improved and enhanced as described/planned in the
submittals of April 16, 2020, with revisions of May 19, 2020. This work is to be completed by October 15, 2020.

3) The permittee will conduct visual monitoring of the improved/enhanced stream reach, noted in special condition
2, quarterly for a minimum of 18 months after completion of the improvement/enhancement activities. This
monitoring is to ensure the reach is stable and revegetation of the buffers is successful. During the monitoring
period any failures of stream structures and/or stream buffer vegetation will be replaced/repaired by the
Permittee upon identification by the Permittee, his authorized agent, or the Corps.

Summary of Authorized Impacts and Required Mitigation at Blacksmith Run
Action ID
Number
NWP / GP
Number
Open Water (acre) Wetland (acre) Stream (linear feet)
Temporary Permanent Temporary Permanent Temporary Permanent
2006-32326451 39 0.008
2020-003962 29 166
Impact Totals 0 0 0 0.008 0 166
Total Loss of Waters of the U.S. (acre) 0.008 Total Loss of Waters of the U.S. (linear feet) 166
Required Wetland Mitigation (acre) 0 Required Stream Mitigation (linear feet) 126
1Auhtorization for 70 liner feet of culvert at Rivet Court
2After-the-fact authorization for 40 liner feet of culvert stream crossing on Blacksmith Run Drive and 126 liner feet of stream
relocation at lot 72 Rivet Court.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344)
Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 29, After-the-Fact SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
CESAW-RG-A 2020-00396

April 16, 2020, with revisions of May 19, 2020 . Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty,
and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit’s expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required
Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact David Brown at 828-271-7980, ext. 4232 or [e-mail].

Corps Regulatory Official: Date: June 10, 2020 David Brown

Expiration Date of Verification: March 18, 2022

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
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.

Copy furnished (by email):
ClearWater Environmental Consultants, Inc., Tyson Kurtz, 32 Clayton Street, Asheville, NC 28801
[e-mail]

CESAW-RG-A 2020-00396

Action ID Number: 2020-00396 County: Henderson

Permittee: Vista Developers, LLC / Attn.: Ed Nunez

Project Name: Blacksmith Run Rivet Court

Date Verification Issued: June 10, 2020

Project Manager: David Brown

Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: David Brown
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Page 1 of 2 Form Updated 12 September, 2014
Compensatory Mitigation Responsibility Transfer Form

Permittee: Vista Developers, LLC / Attn.: Ed Nunez Action ID: SAW-2020-00396
Project Name: Blacksmith Run Rivet Court Lot 72 County: Henderson

Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved
Mitigation Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the
transfer of the mitigation responsibility. Once the Sponsor has signed this form, it is the Permittee’s responsibility to
ensure that to the U.S. Army Corps of Engineers (USACE) Project Manager identified on page two is in receipt of a signed
copy of this form before conducting authorized impacts, unless otherwise specified below. If more than one mitigation
Sponsor will be used to provide the mitigation associated with the permit, or if the impacts and/or the mitigation will occur
in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the permit, and the separate forms
for each Sponsor and/or HUC must be provided to the appropriate mitigation Sponsors.

Instructions to Sponsor: The Sponsor must verify that the mitigation requirements (credits) shown below are available at
the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether or not they have received payment from the Permittee. Once the form is signed, the Sponsor must update the
bank ledger and provide a copy of the signed form and the updated bank ledger to the Permittee, the USACE Project
Manager, and the Wilmington District Mitigation Office (see contact information on page 2). The Sponsor must also comply
with all reporting requirements established in their authorizing instrument.

Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 06010105, French Broad River Basin
Stream Impacts (linear feet) Wetland Impacts (acres)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
126
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.

Compensatory Mitigation Requirements: 8-digit HUC and Basin: 06010105, French Broad River Basin
Stream Mitigation (credits) Wetland Mitigation (credits)
Warm Cool Cold Riparian Riverine Riparian Non-Riverine Non-Riparian Coastal
126

Mitigation Site Debited: NCDMS
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the
NCDMS acceptance letter identifies a specific site, also list the specific site to be debited).

Section to be completed by the Mitigation Sponsor

Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation
transactions for the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for
providing the mitigation identified in this document (see the table above), associated with the USACE Permittee and Action
ID number shown. I also verify that released credits (and/or advance credits for NCDMS), as approved by the USACE, are
currently available at the mitigation site identified above. Further, I understand that if the Sponsor fails to provide the
required compensatory mitigation, the USACE Wilmington District Engineer may pursue measures against the Sponsor to
ensure compliance associated with the mitigation requirements.

Mitigation Sponsor Name:

Name of Sponsor’s Authorized Representative:

Signature of Sponsor’s Authorized Representative Date of Signature
USACE Wilmington District
Compensatory Mitigation Responsibility Transfer Form, Page 2

Page 2 of 2

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 the
Customer Satisfaction Survey located at our website at http://regulatory.usacesurvey.com/ to complete the survey online.

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the USACE is in receipt of the signed form, the
Permittee is no longer responsible for providing the mitigation identified in this form, though the Permittee remains
responsible for any other mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only
after the USACE is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein. For authorized impacts conducted by
the North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon
permit issuance; however, a copy of this form signed by the Sponsor must be provided to the USACE within 30 days of
permit issuance. NCDOT remains fully responsible for the mitigation until the USACE has received this form, confirming
that the Sponsor has accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE
administrative records for both the permit and the Bank/ILF Instrument. It is the Permittee’s responsibility to ensure
that the USACE Project Manager (address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to
the USACE, the Sponsor must obtain case-by-case approval from the USACE Project Manager and/or North Carolina
Interagency Review Team (NCIRT). If approved, higher mitigation ratios may be applied, as per current District
guidance and a new version of this form must be completed and included in the USACE administrative records for both
the permit and the Bank/ILF Instrument.

Comments/Additional Conditions:
None

This form is not valid unless signed below by the USACE Project Manager and by the Mitigation Sponsor on Page 1. Once
signed, the Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the
USACE Project Manager at the address below, and 3) the Wilmington District Mitigation Office, Attn: Todd Tugwell, 3331
Heritage Trade Drive, Suite 105, Wake Forest, NC 27587 (email: [e-mail]). Questions regarding this
form or any of the permit conditions may be directed to the USACE Project Manager below.

USACE Project Manager: David Brown
USACE Field Office: Asheville Regulatory Field Office
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Email: [e-mail]

June 10, 2020
USACE Project Manager Signature Date of Signature

Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and
mitigation bank location and availability, and credit classifications (including stream temperature and wetland groupings) is
available at http://ribits.usace.army.mil.
CESAW-RG-A 2020-00396

Determination of Jurisdiction:

A. 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish
to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior
to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of
waters of the United States.

B. There are Navigable Waters of the United States within the above described project area 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.

C. There are waters, including wetlands, within the above described project area that are 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.

D. The jurisdictional areas within the above described project area have been identified under a previous action. Please
reference jurisdictional determination issued . Action ID: SAW- .

Basis for Determination:
See attached preliminary jurisdictional determination form.

Remarks:
None

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 and C 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: Philip Shannin, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]

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.
CESAW-RG-A 2020-00396

**It is not necessary to submit an RFA 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: June 10, 2020 Expiration Date of JD: N/A Preliminary JD

CESAW-RG-A 2020-00396

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL Applicant: Vista Developers, LLC / Attn.: Ed Nunez File Number: SAW-2020-00396 Date: June 10, 2020
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E

SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or 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.
CESAW-RG-A 2020-00396

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.

SECTION II - 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
provide 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
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn.:
David Brown
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
828-271-7980, ext. 4232
If you only have questions regarding the appeal process you may
also contact:
Mr. Philip Shannin, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
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 investigation, and will have the opportunity to participate in all site investigations.

________________________________________
Signature of appellant or agent.
Date: Telephone number:

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. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]

CESAW-RG-A 2020-00396

PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM
U.S. Army Corps of Engineers

BACKGROUND I NFORMATI ON
A. REPORT COMPLETION DATE FOR PRELIMINARY JD: June 10, 2020

B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Vista Developers, LLC / Attn.: Ed Nunez
525 N. Main Street Hendersonville, NC 28792

C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, 2020-00396, Blacksmith Run Rivet Court

D. PROJECT LOCATI ON(S) AND BACKGROUND INFORMATI ON:
The two sites are located in the Blacksmith Run residential development in Hendersonville, Henderson
County, North Carolina. The first site is located on a tract of land (PIN 9691-71-6902) known as Lot 72 on
Rivet Court. Coordinates are 35.38463, -82.36400. The second site is a stream crossing on Blacksmith Run
Drive between 701 and 669 Blacksmith Run Drive. Coordinates are 35.38425, -82.36531.

State: NC County/parish/borough: Henderson City: Hendersonville
Center coordinates of site (lat/long in degree decimal format): 35.38463 N, 82.36400 W
Universal Transverse Mercator: N/A
Name of nearest waterbody: UT Lewis Creek

E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date: June 10, 2020
Field Determination. Date(s): March 17, 2020 and February 20, 2020

Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION

Site Number
Centered Coordinates
(decimal degrees)

Latitude Longitude
Estimated A mount of
Aquatic Resource in
R eview Area
(linear feet or acre)
Type of Aquatic
Resources
Geographic
Authority to Which
Aquatic Resource
“May Be” Subject
UT Lewis Creek 35.38459 -82.36390 350 lf 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
CESAW-RG-A 2020-00396

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 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:
Data sheets prepared/submitted by or on behalf of preliminary JD requester.
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: Bat Cave
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):
Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map No. 3700969100J
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: Aerial (Name & Date): Google Earth Pro, Apr. 2019, Nov. 2016, Oct. 2010, Apr. 2007, Mar. 1998,
and Mar. 1994,
Other (Name & Date): SAW Regulatory Viewers: USGS Hydrography Dataset, LiDAR DEM, and Lidar
Hillshade
Previous determination(s). File no. and date of response letter:
Applicable/supporting scientific literature:
Other information (please specify): The stream at the sites is UT Lewis Creek which 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; absence of vegetation; leaf litter washed away; sediment deposition
and sorting; presence of aquatic life; water staining; presence of debris; and scour.

The UT Lewis Creek flows into Lewis Creek, which flows into Clear Creek and then into Mud Creek. Mud Creek
flows into the French Broad River, a traditional navigable water, which merges with the Holston River to form the
CESAW-RG-A 2020-00396

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.

David Brown, June 10, 2020
Signature and date of Regulatory staff
member completing preliminary
JD
Vista Developers, LLC / Attn.: Ed Nunez
OR
ClearWater Environmental Consultants, Inc.
(per Agent Authorization)
Signature and date of person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
impracticable)

Please sign this Preliminary JD Form. Keep a signed copy for your record and return a signed form 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.