Haywood Co. Army Corps of Engineers

T.S. ARMY Y CORPS OF ENGENEE'
WILMINGTON DISTRICT
r� •
Action ID: 2010-01743 County: Haywood USGS Quad:f :NC- Crvso1J j 8 2010 �.
i
GENERAL PERMIT (REGIONAL AND NATIO DE).ERWCATION
° -F Property Owner /Authorized Agent: Graves 196, LJC.C, Mr; Robert Graves - -- -- -- ----- ----.—
Address: 559 River Run Road
Canton, NC 28716
Telephone No.: 843-842-2895
Size and location of property (water body, road name/number, town, etc.): The project site is located on
the Pigeon River off Hwy 276 (Cruso Rd.) at the entrance to' C®Id Ndouutain Subdivision in Cruso,
Haywood County, NC. Coordinates in Decimal Degrees are: 35.4436787 N,-82.8210542 W.
Description of projects area and activity: This permit authorizes 10 L1F of temoorary impacts
associated with debris removal and intake structure excavation. An additional 12.74yd3 of
permanent impacts associated boulder placement for existing weir enhancement is also authorized.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Summary of Authorized Impacts and Re uired TAiti ation
Action ID
#
NWP / GP
#
Open Water ac
Wetland (ac)
Unim ortant Stream (If)
Important Stream (1
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
201001743
18
10
12.74 yd3
10 L1F
Impact Totals
Total Loss of Waters of the U.S. (ac)
Total Loss of Waters of the U.S. 1 10
Required Wetland Mitigation (ac) I I
Required Stream Mitigation (If)
Additional Remarks and/or Special Permit Conditions: All conditions of the attached North Carolina
Wildlife Resources Commission letter dated 12 November, 2010 are hereby incorporated as special
conditions of this permit. Additionally, any impacts to this site requested in the future will be
considered cumulative and may preclude the use of a N WP.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 permit. If the nationwide 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 permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide 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.

i
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 Quality (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 Tyler Crumbley at 828-271-7980.
Corps Regulatory Official _Tyler Crumbles ate: 16 November, 2010
0
Expiration Date of Verification: 13 March 2012

Cold Mountain
Corps Site Visit October 8, 2010 Memo
Water Intake Maintenance Plan / Stream Enhancement Plan
Water Intake Maintenance Plan:
It is the opinion of the Corps and WRC that enhancement of the existing weir is
not necessary to provide flow to the off-line pond in the meadow. The weir is
functioning to raise the water level during normal flows. An alternative
maintenance plan was developed during the site meeting. This plan will include
the excavation of East Fork Pigeon River in the vicinity of the intake pipe along
the river's edge. This will deepen the river just upstream of the intake pipe
which should provide a more constant flow even during periods of no rainfall.
The junction box immediately below the intake pipe will be shut off to the pond
during this excavation to prevent potential bed material from flowing into the
pond. The junction box will serve as a catch basin for potential moving small
bed material. This junction box will be cleaned once excavation is completed.
Stream Enhancement Plan:
The side channel along the old road bed has been disturbed recently to conduct
maintenance on the intake pipe. The bank of the old road bed / stream will be
enhanced and stabilized by using matting and planting rhododendron shrubs.
The remainder of the road bed has been seeded and will continue to stabilize as
the grasses grow.
There is a dead hemlock on the side channel bank that will be removed. The
stump will be left in place to help stabilize the bank. The area surrounding the
tree stump may be planted with rhododendron to help enhance the area
aesthetically. There are two piles of dead trees within the river that will be
removed with a track hoe. Access through the river may be necessary to clean
up the two debris piles. One pile has only one tree and this pile is located
adjacent to the dead hemlock.
Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205 / 828-648-8801 / 828-648-8802
www.atlasenvl.com

Cold Mountain
Corps / WRC Site Visit Memo November 1, 2010
Avoidance and Minimization Analysis
Tyler Crumbley, Dave McHenry, Robert Graves, and Jennifer Robertson attended
the site meeting on November 1, 2010 to discuss the water intake structure for
an off-line pond as well as the weir that functions to raise the water level
upstream of it for the in -take structure. Robert explained that he had exhausted
all possibilities for providing continuous flow to the in -take structure except for
enhancement of the existing weir which is necessary to ensure a continued water
supply to the off-line pond during periods of low flow. The river has little to no
slope for more than 100' above the in -take so a gravity fed line would need to
extend beyond Robert's property which is not feasible. Pumping water to the
junction box was also discussed but is not feasible due to the requirement of
very frequent maintenance issues.
Robert originally proposed to enhance the entire weir with additional large
boulders but accepted a lesser impact plan to enhance the weir with 3-6 large
boulders and 6-8 smaller boulders to be placed at the front of the weir so not to
create a fall that would be impassable by smaller fish species. Robert also
agreed to leave the stump of the existing sycamore tree in the middle of the
river since it is providing aquatic habitat. The limbs and top of the root ball will
be cut to make the remainder of the root ball more aesthetically pleasing. The
dead hemlock stump will be left in place as well to provide bank stabilization.
Flow at the junction box will be blocked during the excavation upstream of the
box to allow for any sediment to enter the box and get trapped there. Any
accumulated sediment will be dipped out and spread on high ground. There
should not be any discharge into the river during the excavation work since any
sediment will flow into the junction box. Discharge created during the
enhancement of the weir will be minimal and temporary in nature. This request
for a nationwide permit 18 does not involve any diversion of the river due to the
placement of minimal fill onto the existing weir.
Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205/ 828-648-8801/ 828-648-8802
www.atiasenvi.com

The weir enhancement will take place at the location of the existing weir which is
just downstream of the vehicular bridge over the river. No other fill is proposed.
Below is a table which summarizes the boulder material that will be used to
enhance the weir. Based on the calculations a variety of boulder sizes and
shapes .may be used. The following conversion was obtained from the internet.
One cubic foot = 0.037037037 cubic yards.
Dimensions
(approx.)
Cubic Feet
Cubic Yards
Number of
Boulders
Total
Cubic Yards
6'x3'x2'
36
1.33
3
4.00
5'x4'x3'
60
2.22
3
6.67
3'x2'x1'
6
0.22
4
0.88
2'x2'x2'
8
0.30
4
1.19
Total
+/- 12.74
Dave McHenry has agreed to be present during the weir enhancement work to
ensure that the boulders are installed property to provide for aquatic life
movement upstream and downstream of the weir. The WRC comment letter
dated November 12, 2010 will be adhered to during the project including that
the water that the weir elevates during low flows only be elevated slightly (+/-
2'�. Robert or Jennifer will coordinate with Dave after April 15, 2011 to schedule
the weir enhancement fieldwork.
Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205 / 828-648-8801/ 828-648-8802
www.atiasenvi.com

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U.S. ARMY CORPS OF ENG ERS
WILMINGTON DISTRICT I
Action ID: 2010-01561 County: Havwood USGS Quad: NCi CrusoGV 8 2010
GENERAL PlEli 7i (REGIONAL AND lYATg®IYW>11[DE� VERIFIC AT _ ..,
Property Owner / Authorized Agent: East Fork, LLC; Mr. Robert Graves
Address: P.O. Box 5818
Hilton bead. SC 29928
Telephone No.: 843-422-2990
Size and location of property (water body, road name/number, town, etc.): The project site is located on
the Pigeon ]giver off Easf for1iRanch—Rd. and Hwy 276 (Cruso Rd.) in Cruso, Hayw6od County,
NC. Coordinates in Decimal Degrees are: 35.4377754 N,-82.813380 W. W.
Description of projects area and activity: This permit authorizes 10 LIF of temporary impacts
associated with debris removal and 17.78yd3 of permanent impacts associated boulder placement
for existing weir enhancement.
Applicable Law: ® 'Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 18
Summary of Authorized Impacts acts and Re uired Mitigation
ation
Action ID
#
NWP / GP
#
Open Water (ac)
Wetland (ac)
Unim ortant Stream (1
Important Stream 1
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
201001561
1s
10
17.75 yd3
20 L1F
Impact Totals
Total Loss of Waters of the U.S. (ac)
Total Loss of Waters of the U.S. (If) 20
Required Wetland Mitigation (ac) I I'
Required Stream Mitigation (1
Additional Remarks and/or Special Permit Conditions: All conditions of the attached North Carolina
Wildlife Resources Commission letter dated 12 November, 2010 are hereby incorporated as special
conditions of this permit. Additionally, any impacts to this site requested in the future will be
considered cumulative and may preclude the use of a NWIP.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your submitted plans. Any violation of the attached conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 permit. If the nationwide 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 permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide 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 Quality (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 Tyler Crumbley at 828-271-7980.
Corps Regulatory Official _Tyler Crumbley ate- �vfl6 November, 2010
Expiration Date of Verification: 18 March 2012
0

East Fork Ranch
Corps Site Visit October 8, 2010 Memo
Permit Approval Summary
During the Corps site visit alternative options were discussed for providing
adequate flow to the off-line pond intake structure. The following description is
a summary of the work that the Corps will approve in the permit. Removal of
the entire sand bar is not necessary and may cause unintentional stream bank
degradation. Five to ten feet of the outer portions (along the river) will be
removed and reshaped. The log jam will be relocated to the center braid of the
river to enhance and stabilize this area. This relocation of woody material will
remove the current blockage. The existing weir will be enhanced with a few
rocks at the crest and down below to allow for better aquatic life movement.
Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205/ 828-648-8801/ 828-648-8802
www.atlasenvi.com

East Fork Ranch
Corps / WRC Discussions Memo November 1, 2010
Avoidance and Minimization Analysis
As part of a nationwide permit 18 request, Robert Graves has requested
enhancement of an existing weir. Discharge created during the enhancement of
the weir will be minimal and temporary in nature. This request does not involve
any diversion of the river due to the placement of the minimal fill onto the
existing weir. The enhancement will involve the placement of 6-8 large boulders
and 20-24 small boulders. If more boulders are required in order to create the
step -pool below the weir we will coordinate with the Corps and WRC. The
cumulative cubic yards of fill will not exceed 25 cubic yards. One characteristic
of the river that will affect the amount of boulders needed is the slope of the
river bed which is greater at East Fork Ranch than at Cold Mountain.
The weir enhancement will take place at the location of the existing weir which is
immediately downstream of the intake structure along the river. Below is a table
which summarizes the boulder material that will be used to enhance the weir.
Based on the calculations a variety of boulder sizes and shapes may be used.
The following conversion was obtained from the internet. One cubic foot =
0.037037037 cubic yards.
Dimensions
(approx.)
Cubic Feet
Cubic Yards
Number of
Boulders
Total
Cubic Yards
5'x3'x2'
30
1.11
4
4.44
4'x3'x2'
24
0.89
4
3.56
4'x3'x1'
12
0.44
6
2.66
3'x3'x2'
18
0.67
6
4.00
3'x2'x1'
6
0.22
6
1.32
2'x2'x2'
8
0.30
t 6
1.80
Total
+/- 17.78
Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205 / 828-648-8801/ 828-648-8802
www.atiasenvi.com

Dave McHenry has agreed to be present during the weir enhancement work to
ensure that the boulders are installed property to provide for aquatic life
movement upstream and downstream of the weir. The WRC comment letter
dated November 12, 2010 will be adhered to during the project including that
the water that the weir elevates during low flows be elevated no more than 6".
Rocks will also be added behind the existing weir to enhance aquatic life
movement. Atlas will provide a sketch of the proposed enhancement work at the
weir to the Corps and WRC within 30 days of the issuance of the permit. This
work will be conducted when the work at Cold Mountain is complete. It is
anticipated that the work will be conducted in the second half of April 2011.
Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205/ 828-648-8801/ 828-648-8802
WWW.atlasenvi.com

Corps Submittal Cover Sheet
1. Project Name: Cold Mountain
2. Name, Mailing Address, Phone Number of Property O,;
Company and/or Name: Graves Development Corp
Address: PO Box 5818 Hilton Head, South C.
Phone: [phone]
3. Name of Consultant/Agent: Ms. Jennifer Robertson
4. Related/Previous Action ID number(s):
5. Site Address: Cold Mountain
6. Subdivision Name: Cold Mountain
7. City: Canton
8. County: Haywood
9. Lat: 035.4436787- N Long: 082.8210542- W
10. Quadrangle Name: Cruso
11. Waterway: East Fork Pigeon River
12. Watershed: French Broad River Basin
13. Jurisdictional Features on the Site: (Approximations Only.)
Stream Length: +/- 11,000 (includes East Fork Pigeon River)linear feet
Wetland Area: 0.04acres
Open Water Area: +/- 0.5acres
14. Requested Action:
® Nationwide Permit # 18
❑ General Permit 9
❑ Jurisdictional Determination Request
❑ Pre -Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM
Authorization: Section 10
Project Description / Nature of Activity / Project Purpose:
Site/Waters Name:
Section 404
Begin Date
Keywords:

P4
September 29, 2010
To: US Army Corps of Engineers
Attn: Mr. Tyler Crumbley
151 Patton Ave, Room 208
Asheville, North Carolina 28801-5006
Re: Cold Mountain — PCN Request
Cruso, Haywood County, North Carolina
Tyler:
The attached Pre -Construction Notification (PCN) is being submitted on behalf of
Cold Mountain to remove storm debris, a dead tree that is still standing, and
enhance a rock weir in Haywood County, North Carolina on the East Fork Pigeon
River. Cold Mountain is seeking a nationwide permit 18 authorization for the
proposed actions. Robert Graves of Hilton Head, South Carolina is the owner of
Cold Mountain. Cold Mountain has received two previous nationwide permits, in
2005 and 2008. Copies of these permits are included for your reference.
The applicant will be removing storm debris from approximately 20' of river,
removing a dead hemlock tree which is threatening to fall on the bridge, and
adding boulders to an existing weir to enhance flow to an intake structure for an
off line pond. Boulders may also be added at the intake structure, if needed.
The applicant's intake structure for the off line pond has been impacted by low
flows. The weir work is necessary to provide adequate flow to the intake
structure once again.
The applicant recently did some maintenance work on the off line pond and
intake pipe. The two junction boxes were previously installed and were not been
recently altered. Intake pipe maintenance work included digging up a section of
pipe that had gotten clogged to clean it out and rerouting the pipe at the pond to
create more fall for gravity flow. The cleaned section of pipe was then
reinstalled as it previously existed. Rock was not added to the weir during this
work because the applicant was aware that it would require permit approval.
This reach of river sustained major damage during the floods that occurred in
September 2004. The applicant financed the clean up of the areas that he
owned after the floods. This cleanup included debris removed within the
floodplain and replanting vegetation along the stream banks. The applicant's
property upstream of Cold Mountain at East Fork Ranch suffered more severe
damage and was also restored without financial assistance from EWP funds.

ri
Despite the applicant's efforts after the floods, he continues to have storm debris
deposited on both properties from upstream during heavier flow events.
I would like to provide some clarification for the ATF 29 that was issued on July
1, 2008. A nationwide permit was submitted for this project back in August 2005
for less than 150 linear feet of stream impact and less than 0.10 acre of wetland
impact. The application was submitted to Rebekah Newton but was not issued
within 45 days of submittal. I corresponded with Steve Chapin when he was the
Haywood County Corps agent in 2006 to try to obtain a hard copy of the 404 but
he never issued a hard copy either. Total new impacts approved in 2008 were
kept to the originally requested totals in 2005. The Corps Action ID # back in
2005 was 200531692.
Feel free to contact me if you have any questions regarding the attached PCN.
Thanks,
Jennifer Robertson
Copies To:
Mr. Robert Graves, Cold Mountain
Mr. Dave McHenry, NC WRC
Ms. Susan Wilson, NC DWQ

AJI, GRAVES GGNSTRUCTION 0. , INC, �8 �3 � F %
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Relefgh, North Cardine 27604-2260 .
1, ft cunt landowner of ft property Identified below, heriby outho"m wind and Natural
Resource CwWtanls, I= to 4t W my behalf as my agent during the pvoWnq of parmits to
Impact Wetlands and Watam pf" U5 d'at are regul d by the glean Water Act and the
FiJvars and Harbors AcL
Fedeml and MaW agents are authOrInd to be on aa(d pmperty when ammpanled by Watland
and Natural Rwource Consullenea, Inc. Off.
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02&465.3035 441-MI
828 46MOS Paz 1 82 -64 -0902 Fax

Pre -Construction Notification PC Form
A. Applicant Information
1.
Processing
1 a. Type(s) of approval sought from the
Corps:
Section 404 Permit ❑Section 10 Permit
FE
1 b.
Specify Nationwide Permit (NWP) number: 18 or General Permit (GP) number:
1 c.
Has the NWP or GP number been verified by the Corps?
FE]Yes
® No
1 d. 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
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a.
Name of project:
Cold Mountain
2b.
County:
Haywood
2c.
Nearest municipality / town:
Cruso
2d. Subdivision name:
Cold Mountain
2e.
NCDOT only, T.I.P. or state
project no:
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Cold Mountain
3b.
Deed Book and Page No.
Deed Book: 662 Deed Page: 109
3c.
Responsible Party (for LLC if
applicable):
Robert Graves
3d.
Street address:
PO Box 5818
3e.
City, state, zip:
Hilton Head Island, SC 29928
3f.
Telephone no.:
843-422-2990
3g.
Fax no.:
3h.
Email address:
Page 1 of 11
PCN Form — Version 1.3 December 10, 2008 Version

4.
Applicant Information (if different from owner)
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:
Jennifer Robertson
5b.
Business name
(if applicable):
5c.
Street address:
87 Silent Forest Drive
5d.
City, state, zip:
Canton, NC 28716
5e.
Telephone no.:
828-712-9205
5f.
Fax no.:
5g.
Email address:
robertson71 @aol.com
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
8663-27-0417
Latitude:035.4436787 Longitude: -
1 b. Site coordinates (in decimal degrees):
082.8210542
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size:
+/- 196 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
East Fork Pigeon River
proposed project:
2b. Water Quality Classification of nearest receiving water:
WS-III; Tr
2c. River basin:
French Broad
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:
There are several existing houses, an office building, other outbuildings, barns, fields, and ponds. The project is
surrounded by residential development and forested land.
3b. List the total estimated acreage of all existing wetlands on the property:
+/- 0.04 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
+/- 11,000 linear feet (including East Fork Pigeon River)
3d. Explain the purpose of the proposed project:
To remove debris from the river, remove a dead tree, and enhance a weir.
3e. Describe the overall project in detail, including the type of equipment to be used:
This property is under development as Cold Mountain. The project purpose is to enhance flow to an existing intake
structure for an off-line pond, to remove storm debris, and to remove a dead tree that threatens to fall on the bridge. The
work will be accomplished with typical construction and grading equipment.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments: Corps JD issued July 12, 2005; Corps JD issued
July 1, 2008
4b. If the Corps made the jurisdictional determination, what type
❑ preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Jennifer Robertson
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
July 12, 2005 and July 1, 2008; documents attached
5. Project History
5a. Have permits or certifications been requested or obtained for
® Yes ❑ No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
NW 39 issued July 12, 2005 for 180 square feet and NW 29 issued July 1, 2008 for 0.036 acre of wetland impact and 148
.linear feet of stream impact.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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 jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non-404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
none
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10'
stream
length
Permanent (P) or
intermittent
DWQ — non-404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Debris Removal
East Fork Pigeon
® PER
® Corps
8
0
River
❑ INT
❑ DWQ
S2 ®P ❑ T
Weir
East Fork Pigeon
® PER
® Corps
8
2
Enhancement
River
❑ INT
❑ DWQ
S3 ❑ P ® T
Tree Removal
UT East Fork
® PER
❑ INT
® Corps
❑ DWQ
6
0
S4 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
2
3i. Comments:
Page 5 of 11
PCN Form —Version 1.3 December 10, 2008 Version

13
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a. 4b. 4c. 4d. 4e.
Open water Name of waterbody
impact number — (if applicable) Type of impact Waterbody type Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments: not applicable
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet)
Pond ID Proposed use or purpose
number of pond
Flooded Filled I Excavated Flooded Filled I Excavated
P1
P2
5f, Total
5g. Comments: not applicable
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Upland
(acres)
Flooded
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?
6b. 6c. 6d.
Buffer impact
number — Reason
Permanent (P) or for
Temoorary (T) impact
B1 ❑P❑T
B2 ❑P❑T
B3 ❑P❑T
6i. Comments: not applicable
❑ Neuse ❑ Tar -Pamlico ❑ Other:
❑ Catawba ❑ Randleman
6e. I 6f. I 6g.
Buffer Zone 1 impact Zone 2 impact
Stream name mitigation (square feet) (square feet)
required?
❑ Yes
❑ No
❑ Yes
❑ No
❑ Yes
❑ No
6h. Total buffer impacts
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The purpose of part of this work is to remove storm debris that has moved downstream during heavier storm events and
remove a dead tree. The work does not involve any permanent stream impacts. The permanent stream impacts are limited to
the enhancement of a rock weir.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Equipment will be operated from the banks of the river as much as possible during the work.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments: not applicable
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:
❑ warm ❑ cool ❑cold
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: not applicable
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 7 of 11
PCN Form —Version 1.3 December 10, 2008 Version

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
buffer mitigation?
❑ Yes ® No
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.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(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: not applicable
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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 ® 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
Comments:
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: not appicable
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
not applicable
❑ Phase II
3b.
Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
® Other: not applicable
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ 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: not applicable
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?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

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
® 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
❑ Yes
❑ No
letter.)
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
® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑ 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
® 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.
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.
septic
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
❑ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NC Natural Heritage Program website and workroom maps; FWS website
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
Office of Habitat Protection website
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 ® 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?
NC State Historic Preservation Office website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: storm debris removal will provide for better flow; no earthen fill
within the FEMA 100-year floodplain is proposed
8c. What source(s) did you use to make the floodplain determination? knowledge of the area; past project specific experience
1�
September 29,
Jennifer Robertson
y OS
(/
2010
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 11 of 11
PCN Form —Version 1.3 December 10, 2008 Version

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Name: CRUSO Location: 035.4436793° N 082.8208875 ° W
Date: 9/29/2010 Caption: Cold Mountain
Scale: 1 inch equals 4000 feet Haywood County, NC
Copyright (C) 1997, Maptech, Inc.

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Date: 9/29/2010 Caption: Cold Mountain
Scale: 1 inch equals 1000 feet Haywood County, NC
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Page 1 of 3
J
Trip to 559 River Run Rd
Canton, NC 28716-5554
29.55 miles - about 44 minutes
Notes
24/7 CLAIMS
.ASSISTANCE
OUR 1-10%1E INSURANCE HEt PS
PROTECT YOUR RESIDENCE
AND YOUR PEACE OF MIND,
Libercy
4''lt.t wll,
151 Patton Ave Ste 208, Asheville, NC 28801-2694
1. Start out going WEST on PATTON AVE toward N
FRENCH BROAD AVE.
2. Take the 1-240 W exit on the LEFT toward US-19 S / US-
23 S / W ASHEVILLE.
ySr 3. Merge onto US-74-ALT W.
l A7.7
F
4. Merge onto 1-240 W toward 1-26 E/ 1-40.
`
5. Merge onto 1-40 W via EXIT 31 B toward CANTON /
KNOXVILLE.
r�
6. Take EXIT 37 toward EAST CANTON.
7. Turn LEFT onto WIGGINS RD.
f 4
8. Turn RIGHT onto US-19 S / US-23 S.
9. Turn LEFT onto SORRELLS ST / NC-110. Continue to
follow NC-110.
go 0.4 mi
go 0.1 mi
go 0.6 mi
go 3.2 mi
go 8.4 mi
go 0.2 mi
go 0.1 mi
go 5.1 mi
go 0.5 mi
http://www.mapquest.com/print
10/1/2010

Page 2 of 3
4 20 10. Turn SLIGHT RIGHT onto PISGAH DR / NC-110. go 5.0 mi
4 {27 11. Turn LEFT onto CRUSO RD / US-276. go 5.4 mi
12. Turn SHARP RIGHT onto RIVER RUN RD. go 0.4 mi
13. 559 RIVER RUN RD is on the LEFT. go 0.0 mi
559 River Run Rd, Canton, NC 28716-5554
Total Travel Estimate : 29.55 miles - about 44 minutes
Route Map Hide
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Map Legend
http://www.mapquest.com/print 10/1/2010

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Map generated by the Haywood County Map Server. FEEL 1 inch equals 611.1503 82 feet
10/1/2010 7:55:08 AM 0 220 440 880 1,320 1,760

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10/12010 8:08 :40 AM 0 220 440 880 1,320 1,760
1 inch equals 611.150382 feet

Haywood County Legend
Legend
Voting precincts
® AC
M CR
M LJ
® BC
- CVV
® NCL
® BE 1
- EF
- PI
BE2
MEW
® SA
® BE3
- FC1
® SCL
® BE4
® FC2
® SVU1
- BE5-6
- HA
® SM
® BE7
MID
®V\G
® CE ® I H ® VWV
® CP ® JC
Transportation
Local
H i g hay
Interstate
Major
Parcels Symbology
Parcel Line
HWY ROWS. PARCEL, ROW, SR ROW MISC
LOT LINE
V1ATER
Other Political Districts
Page 1 of 4
http://maps.haywoodnc.net/gisweb/Legend.htm
10/1/2010

Haywood County Legend
Page 2 of 4
Census Bract EMS District Fire District
® CENSUSTR 9801 ® EMS 3 BIG COVE
® CENSUSTR 9002 ® EMS 4 ® CAMP BRANCH
® CENSUSTR 9803 EMS 5 ® CANTON
® CENSUSTR 9804 ® EMS 6 = CENTER PIGEON
® CENSUSTR 9805
® CENTRAL HAYI OD
- CENSUSTR 9806
® CRABTREE- IRON DUFF
CENSUSTR 9807
® CRUSO
® CENSUSTR 9808
® EXCLUDED
- CENSUS TR 9809
® FINES CREEK
® CENSUS TR 9810
- JONATHAN CREEK
CENSUS TR 9811
® LAKE JUNALUSKA
® CENSUSTR 9812
® LAKE LOGAN - CECI L
CENSUSTR 9813
® MAGGIE VALLEY
NORTH CANTON
® SAUNOOK
® SOUTH MYNESVILLE
- VIAYNESVILLE
® MST CANTON
Flood Plains:
® 100 YEAR FLOOD
® 100 YR FLOOD
- 500 YR FLOOD
® EXEMPT
® FLOODMY
ZONE A
http://maps.haywoodnc.net/gisweb/Legend.htm 10/1/2010

Haywood County Legend
Page 3 of 4
® Raquetball
Bocce
Park
Recreation
® Playground
® Track
Basketball
0 Gym
Shuffleboard
Tennis
Other Map Symbology
Horseshoes
Golf
Pool
Soccer
® Picnic
® Schools
0 Football
® Baseball
® Ski
----- - State Boundary
River
10unicipal Boundary
----= E rJ
CITY
federal lands
county boundary
Greenway
5 Foot Top o
Soil Symbology
http://maps.haywoodnc.net/gisweb/Legend.htm 10/1/2010

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NC DENR - DIVISON OF WATER QUALITY
.0304 FRENCH BROAD RIVER BASIN
Class
Name of Stream Description Class Date Index No.
Shining Creek
From source to
East Fork
WS-III;Tr,HQW
08/03/92
5-3-5
Pigeon River
South Prong Shining Creek
From source to
Shining Creek
WS-III;Tr,HQW
08/03/92
5-3-5-1
North Prong Shining Creek
From source to
Shining Creek
WS-III;Tr,HQW
08/03/92
5-3-5-2
Dina Branch
From source to
North Prong
WS-III;Tr,HQW
08/03/92
5-3-5-2-1
Shining Creek
Dry Branch
From source to
East Fork
WS-III;Tr,HQW
08/03/92
5-3-6
Pigeon River
East Fork Pigeon River
From a point 0.5
miles
WS-III;Tr
08/03/92
5-3-(6.5)
upstream of Bee Branch to
Pigeon River
Bee Branch
From source to
East Fork
WS-III;Tr
08/03/92
5-3-7
Pigeon River
Ugly Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-8
Pigeon River
Crawford Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-9
Pigeon River
Hungry Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-10
Pigeon River
Pisgah Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-11
Pigeon River
Reed Creek
From source to
Pisgah Creek
WS-III;Tr
08/03/92
5-3-11-1
Chinquapin Creek
From source to
Pisgah Creek
WS-III;Tr
08/03/92
5-3-11-2
Cold Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-12
Pigeon River
Long Branch
From source to
East Fork
WS-III;Tr
08/03/92
5-3-13
Pigeon River
Harley Branch
From source to
East Fork
WS-III
08/03/92
5-3-14
Pigeon River
Burnett Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-15
Pigeon River
Anderson Creek
From source to
Burnett Creek
WS-III;Tr
08/03/92
5-3-15-1
Henderson Branch
From source to
Burnett Creek
WS-III
08/03/92
5-3-15-2
Lenoir Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-16
Pigeon River
Dix Creek
From source to
East Fork
WS-III;Tr
08/03/92
5-3-17
Pigeon River
Smoky Cove Branch
From source to
Dix Creek
WS-III
08/03/92
5-3-17-1
Poison Cove Branch
From source to
Pigeon River
WS-III
08/03/92
5-4
Stamey Cove Branch
From source to
Pigeon River
WS-III
08/03/92
5-5
Garden Creek
From source to
Pigeon River
WS-III
08/03/92
5-6
Henson Cove Branch
From source to
Garden Creek
WS-III
08/03/92
5-6-1
Coffee Branch
From source to
Garden Creek
WS-III
08/03/92
5-6-2
PIGEON RIVER
From Garden Creek to Canton
WS-III;Tr,CA
08/03/92
5-(6.5)
Water Intake
2B .0300
Page 3 of 63 2010-09-04 07:20:02

Cold Mountain Photograph Summary
The following pictures were taken in early 2008. The junction boxes and intake
pipe were present even before the bridge was constructed. The road seen in the
first picture was an old existing ford across the river that the previous property
owner had constructed. The weir was also present in 2008.

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I

U.S. ARMYCORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 260531692 County: Haywood USGS Quad: Cruso
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Mr. Wilton Graves
Address: Graves 196, LLC
559 River Road
Canton, North Carolina 28716
Telephone No.: 843-842-2895
Size and location of property (water body, road name/number, town, etc.): The Proiect site is located at
the first left after the US Hwy 276 Bridge over the Pigeon River near Bethel in Haywood County,
North Carolina.
Description of projects area and activity: This permit authorizes approximately 180 square feet of
impacts in the East Pork of the Pigeon River associated the construction of a bridge support to
provide road access to a residential subdivision at the Heavenly Ranch
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 .USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 39
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with.the
attached Nationwide and Special conditions, the attached North Carolina Wildlife Resources Commission
conditions, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 permit. If the nationwide 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 permit, activities. which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide 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 Quality (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 Rebekah L. Newton at 828-271-7980.
Corps Regulatory Official Rebekah L. Newton Date: July 12, 2005
Expiration Date of Verification: March 18, 2005

-2-
Determination of Jurisdiction:
❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
❑ 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 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.
® There are waters of the US and/or wetlands within the above described project area 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.
❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination: Wetlands: n/a.
Waters: The East Fork of the Piteon River is a tributary to the French Broad River which is a navieable in
fact water.
Corps Regulatory Official: Rebekah L. Newton
Date July 12, 2005
Enclosures
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS; PROJECT PLANS, ETC.,.
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
Jennifer Robertson
WNR
68 Poplar Street
Canton, North Carolina 28716

U.S. ARMY COIFS OF ENGINEERS
• WILMINGTON DISTRICT
Action ID. 2008-01325. County: Haywood
GENERAL PERMIT.(REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Graves Development, Attn: Mr. Wilton Graves
Address: P.O: Box 6
Waynesville, NC 28786 '
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): The project is located on an
approximately 196-acre tract of land known as the Cold Mountain Development near Waynesville
Haywood County, North Carolina. Coordinates for the site are 33.4416 north and 82.8189west.
Description of projects area and activity: The permittee is authorized to permanently impact 0.036
acre of wetland and 148 linear feet of unnamed tributaries of the East Fork Pigeon River in order
to construct roads and facilitate development of the site. This NWP verification letter is being
issued after -the -fact.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 29 ATF
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, conditions 2714 and 16-18 of the attached letter from the North Carolina Wildlife Resources
Commission, and your submitted plans. Any violation of the attached conditions or deviation from your submitted
plans may subject the permittee to a stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide 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 permit. If the nationwide 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 permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide 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 Quality (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 Lori Beckwith at 828-271-7986.
Corps Regulatory Official: Lori Beckwith / Date: July 1, 2008
Expiration Date of Verification: July 1, 2010 _ _

I
-2-
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331.).
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 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.
C. ® There are waters of the US and/or wetlands withdthe above described project area 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. This jurisdictional determination is valid for the impact areas only.
D. ❑ The jurisdictional areas within the above described project area have -been identified under a previous action.
Please reference jurisdictional determination issued —. Action ID
Basis of .jurisdictional Determination: The site contains wetlands as determined by the USACE 1987 Wetland
Delineation Manual and they are adjacent to stream channels that exhibit indicators of ordinary high water marks.
The stream channels on the property are unnamed tributaries to East Fork Pigeon River which flows into the French
Broad River. The French Broad River is a Section 10 water.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 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:
District Engineer, Wilmington Regulatory Program
Attn: Lori Beckwith, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 from the Issue Date below.
**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: Lori Beckwith
Issue Date: July 1; 2008
Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished: Wetland and Natural Resource..Consultants; Attn: Ms. Jennifer Robertson, P.O. Box
882, Canton, NC. 28716
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continue to do so, please visit http://reg:u1g!M.usacesuryey.com/ to complete the survey online.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Haywood City: Cruso
Center coordinates of site (lat/long in degree decimal format): Lat. 035.4436787' N_, Long. 082.8210542' W.
Universal Transverse Mercator:
Name of nearest waterbody: East Fork Pigeon River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River
Name of watershed or Hydrologic Unit Code (HUC): Pigeon; French Broad River - (06010106)
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
® Field Determination. Date(s): 09/22/2010
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick List "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Pick List "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): r
❑ TNWs, including territorial seas
❑ Wetlands adjacent to TNWs
® Relatively permanent waterSZ (RPWs) that flow directly or indirectly into TNWs
❑ Non-RPWs that flow directly or indirectly into TNWs
❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
❑ Impoundments of jurisdictional waters
❑ Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non -wetland waters: +/- 1800 linear feet: 8 width (ft) and/or 0.25 acres.
Wetlands: 0 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non -regulated waters/wetlands (check if applicable):3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section HI.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section III.D.I.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section HI.0 below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pici isi
Drainage area: Pick Ligt
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that apply):
Tributary is: ❑ Natural
❑ Artificial (man-made). Explain:
❑ Manipulated (man -altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or absent
❑
sediment sorting
❑ leaf litter disturbed or washed away
❑
scour
❑ sediment deposition
❑
multiple observed or predicted flow events
❑ water staining
❑
abrupt change in plant community
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by:
❑ oil or scum line along shore objects ❑ survey to available datum;
❑ fine shell or debris deposits (foreshore) ❑ physical markings;
❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types.
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Pick -List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection. Explain:
❑ Ecological connection. Explain:
❑ Separated by berm/barrier. Explain:
(d) Proximity(Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate -approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation type/percent cover. Explain:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ Fish/spawn areas. Explain findings:
❑ Other environmentally -sensitive species. Explain findings:
❑ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
❑ TNWs: linear feet width (ft), Or, acres.
❑ Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: Observed flow during drought year. definite bed and bank, and substrate.
❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 11000 linear feet2-15width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWs8 that flow directly or indirectly into TNWs.
❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.09acres.
Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
❑ Demonstrate that impoundment was created from "waters of the U.S.," or
❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
❑ Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY):"
❑ which are or could be used by interstate or foreign travelers for recreational or other purposes.
❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
❑ which are or could be used for industrial purposes by industries in interstate commerce.
❑ Interstate isolated waters. Explain:
❑ Other factors. Explain:
Identify water body and summarize rationale supporting determination:
8See Footnote # 3.
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non -wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON -JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑ Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
❑ Non -wetland waters (i.e., rivers, streams): linear feet, width (ft).
❑ Lakes/ponds: acres.
❑ Other non -wetland waters: acres. List type of aquatic resource:
❑ Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
❑ 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:
❑ USDA Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/Local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
® Photographs: ® Aerial (Name & Date):
or ® Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Applicable/supporting case law:
❑ Applicable/supporting scientific literature:
❑ Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD: