20201125 Ver 1_702 JD from Corps (04 30 13)_20200831

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: 2013-00712 County: Jackson U.S.G.S. Quad: Big Ridge
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Agent: Tuckasegee Water and Sewer Authority / Attn.: Mr. Dan Harbaugh
Address: 1246 West Main Street, Sylva, North Carolina 28779
Telephone No.: 828-586-5189 -70 2
Property description: 4/ 2-f113
Size (acres): 14.67 Nearest Town: Cashiers
Nearest Waterway: UT to Horsepasture River and Horsepasture River River Basin: Seneca River
Coordinates: 35.129684 N, 83.067487 W. Hydrologic Unit Code: 03060101
Location Description: The site is a 14.67 acre tract of land (PIN 7582-46-3638) located off Highway 64 East in Cashiers,
Jackson County, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be Waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be
considered final, a jurisdictional determination must be verified by the Corps. This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). ). If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for fin-ther instruction.
Also, you may provide new information for further consideration by the Corps to reevaluate the JD.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are Waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the Waters and wetlands on your property delineated. Due to the size of your property
and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a
more timely delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by
the Corps.
X The Waters and wetlands an your property have been delineated and the delineation has been verified by the Corps.
We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by
the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your
property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to
exceed five years.
_ The Waters and wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this
determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.

Action Id.: 2013-00712
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region. These
wetlands are abutting to stream channels located on the property that exhibit indicators of ordinary high water marks and have
perennial flow. The stream channels on the property are an unnamed tributary (UT) to the Horsepasture River and the
Horsepasture River. The UT to the Horsepasture River, a relatively permanent waters (RPW), flows into the Horsepasture
River, a traditional navigable waters (TNW), which flows into the Seneca River (a TNW). The Seneca River flows into the
Savannah River, a Section 10 River, which empties into the Atlantic Ocean.
D. Remarks:
The waters of the U.S., at this site, were verified on -site by the Corps on April 16, 2013 and are as approximately depicted on
the attached Stream and Wetland Delineation Map, submitted by ClearWater Environmental Consultants, dated March 1, 2013.
The Tuckasegee Sewer and Water Authority is the current holder of an option to purchase the property which is owned by
Harriett Hooper Bruno of Owens Cross Road, Alabama and Kimberly Hooper Mendenhall of Brunswick, Ohio.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. if you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
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 request for
appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following
address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
1n 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 June 29, 2013.
**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 BrownA)-6
Issue Date: April 30, 2013 Expiration Date: April 30, 2018
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://pert.nwp.usace.army.mil/survey.html
to complete the survey online.
CF: ClearWater Environmental Consultants, Inc., Ms. Rebekah Newton, 224 South Grove Street, Suite F,
Hendersonville, NC 28792
2

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 PEP -MIT
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
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
David Brown, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street, Room IOM15
Asheville, NC 28806
Atlanta, Georgia 30303-8801
828_271 _7980
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.
Date:
Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Brown, 69 Darlington Avenue, Wilmington,
North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
4

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Tuckasegee Water and Sewer Authority 1
File Number: 2013-00712
Date: April 30, 2013
Attn.: Mr. Dan Harbaugh
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
X
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.Anil/CECW/Pages/reg_inaterials.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 11 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 11 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.

Cashiers UW1/TP (+/-1 5 AC)
Legend
Stream Wetland
® Horsepasture River Parcel
Linear Wetland
Stream 4
Wetland C
(data form)
0 50 100 200 300
Feet
i N
I
Wetland D
.� y' Horsepasture River
Wetland A
Stream 1
Wetland E
Jurisdictional wetlands and waters identified on this map have been located within sub -meter accuracy utilizing a Trimble mapping grade Global
Positioning System (GPS) and the subsequent differential correction of that data. GPS points may demonstrate uncorrectable errors due to
topography, vegetative cover, and/or multipath signal error.
{Vote: The illustrated wetland and stream locations are approximate. These areas have been flagged in the field; however, they have not been
surveyed. Although ClearWater Environmental Consultants, Inc. (CEC) is confident in our assessment, the US Army Corps of Engineers (Corps)
is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations. Therefore, all preliminary
determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from the
Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination.
This map was prepared by CEC using the best information available to CEC at the time of production. This map is for informational purposes
only and should not be used to determine precise boundaries, roadways, property boundary lines, nor legal descriptions. This map shall not be
construed to be an official survey of any data depicted.
Source Data: McGill and field collected data.
Drawn by: RLN 03.05.13; CEC Project# 702
Jackson County,
North Carolina
t. earWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 29792
Stream and Wetland
Delineation Map
Delineated: Mar. 1, 2013

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