20030518 Ver 2_401 Application_20100527

CLEARWATER ENVIRONMENTAL CONSUL
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03-C)s1 8 u2.
May 24, 2010
Mr. McMillan
NC Division of Water Quality
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
RE: Biltmore Park Home Owners Association
Bank Stabilization - Walking Trail
Buncombe County, North Carolina
Mr. McMillan,
sPAIP
11.1 11 - 9 __ • . Ir_......., —
The attached Pre-Construction Notification (PCN) is being submitted on behalf of the
Biltmore Park Association (BPA). The project site is located within the trail system for
Biltmore Park residential neighborhood in Asheville, Buncombe County, North Carolina.
BPA is seeking a Nationwide Permit 13 for minor bank stabilization activities adjacent to
the existing walking trail system. The stabilization permit is for the purposes of
protecting private property. An in stream structure is proposed at site one, as a result, we
are requesting authorization from Division of Water Quality for this project.
Should you have any questions regarding the attached PCN and supplemental
information please do not hesitate to contact me at 828-698-9800. An US Army Corps of
Engineers 404 permit was issued for this project on May 17, 2010 and is attached with
this application. A copy of this application has also been submitted directly to Ms. Susan
Wilson of the NC Division of Water Quality, Asheville Regional Office.
Respectfully,
R. Clement Riddle, P.W.S
Principal
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Phone; 828-698-9800 Fax; 828-698-9003
www,cwenv.com
.,N_ .

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Biltmore Park Trails - Bank Stabilization
2. Name of Property Owner/Applicant: Biltmore Park Association
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): n/a
5. Site Address: Walking Trails along UT to Ducker Creek in Biltmore Park
subdivision
6. Subdivision Name: Biltmore Park
7. City: Asheville
8. County: Buncombe
9. Lat: 35.484463N Long: -82.552762 (Decimal Degrees Please
10. Quadrangle Name: Asheville
11. Waterway: UT to Ducker Creek
12. Watershed: Upper French Broad 06010105
13. Requested Action:
X Nationwide Permit # 13
General Permit #
Jurisdictional Determination Request
Pre-Application Request
................................................................................................................................
The following information will be completed by the Corps office:
AID:
Prepare File Folder Assign number in ORM Begin Date
Authorization: Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name:
Keywords:
OA/29/2010 10:44 FAI
CLEARWATER ENVIRONMENTAL CONSULTANTS. INC
raj 002
Department of the Army
Wihnington District, Corps of Engineers
Attn: Ken Jolly, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and--
NC Division of Water Quality
Attn: Cyndi Karoly
1650 Mail Service Center
Raleigh, NC 27699-1650
I, the current landowner/managing partner of the property identified below, hereby
authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Waters of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act,
CEC is authorized to provide supplemental information needed for.permit processing at
the request of the USACE or DWQ.
Property Owner of Record: «-r?t-
Property Owner Address: P O. Q ?' S 3 S?
Phone number:
Property Location: k3 (+nV'v' (?C.'L'L `rv4N
{
Owner/Managing partner Signature:
QJt H "? 1,-?M?_
Date: 04 et
? JD
718 Oddand Street
Hendemonville, North Corollno 28791
Phone; 82a-698-9800 Fox 828-698-9003
www.cwenv.com
D3 - [)5 ?-
oF:WArFq
Office Use Only:
E Corps action ID no.
M DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
® Section 404 Permit ? Section 10 Permit -

1b. Specify Nationwide Permit (NWP) number: 13 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps? ? Yes No
1d. Type(s) of approval sought from the DWQ (check all that apply):
? 401 Water Quality Certification - Regular ? Non-404 Jurisdictional General Permit
? 401 Water Quality Certification - Express ? Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required? For the record only for DWQ 401
Certification: For the record only for Corps Permit:
® Yes ? No ? Yes ® No
1f. Is payment into a mitigation bank or in-lieu fee program proposed for mitigation
f i
? Y
o
mpacts? If so, attach the acceptance letter from mitigation bank or in-lieu es No
fee program.
1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h ? Yes ® No
below.
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
-. r I vJWLL It I IV1111MIU11
2a. Name of project: Biltmore Park Home Owners Association - Trail system
2b. County: Buncombe
2c. Nearest municipality / town: Asheville
2d. Subdivision name: Biltmore Park
2e. NCDOT only, T.I.P. or state
project no: N/A
3. Owner Information
3a. Name(s) on Recorded Deed: BILTMORE PARK ASSOCIATION INC
3b. Deed Book and Page No.
3c. Responsible Party (for LLC if
applicable): DEEDBOOK2296 and DEEDPAGE 0179
3d. Street address: Schenk Parkway - PO Box 5355
3e. City, state, zip: ASHEVILLE NC 28813
3f. Telephone no.:
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: Mr. David Hitch
4c. Business name
(if applicable): Baldwin Real Estate
4d. Street address: 21112 Hendersonville Road
4e. City, state, zip: Arden, NC 28704
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Clement Riddle
5b. Business name
(if applicable):
Clearwater Environmental Consultants, Inc.
5c. Street address: 224 South Grove Street, Suite F
5d. City, state, zip: Hendersonville, NC 28792
5e. Telephone no.: 828-698-9800
5f. Fax no.: 828-698-9003
5g. Email address: [e-mail]
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): 964439861400000 and 964540106000000
1 b. Site coordinates (in decimal degrees): Latitude: 35.484463 Longitude: - 82.552762

1 c. Property size: (DD.DDDDDD) (-DD.DDDDDD)
Approximately 20 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project: Ducker
2b. Water Quality Classification of nearest receiving water: C
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 thi
s
application:
Surrounding land use is residential neighborhood of Biltmore Park and mixed use Town Square at Biltmore Park
3b. List the total estimated acreage of all existing wetlands on the property:
unknown
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
approximateey 4,800
3d. Explain the purpose of the proposed project:
The purpose of the project is to repair stream banks that are failing and could cause damage to trail system, stabilize
bridge footings, and remove an old culvert on abandoned trail.
3e. Describe the overall project in detail, including the type of equipment to be used:
Project involves repairing approximately 125 linear feet of stream bank, repair the bridge footings and stream banks for
small wooden pedestrian bridge, and remove an abandoned culvert crossing and stabilize the stream banks. Typical
construction equipment (backhoe) will be used to construct the stabilization projects.
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:
4b. If the Corps made the jurisdictional determination, what type
of determination was made? ? Preliminary Final
4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company:
Name (if known): Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
There are jurisditional verifications with the western portions of the Biltmore Park development. The section of Biltmore
Park in this application was developed in the late 1980's and does not apperar to have a wetland/stream delineation
associated with the area. April 18, 2003 USACE verified 145 acres immediately to the west of the proposed trail project
associated with Town Square.
Page 3 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? El Yes ®No ? Unknown
5b. If yes, explain in detail according to "help file" instructions.
Biltmore Farms received a 4041401 permit July 31, 2003 USACE Action ID 200231303 for work related to the last phases
of Biltmore Park residential subdivion and it TownSquare Develo
T
pment.
his proposed stream bank stabilization project
is adjacent to the exisitng trail system but is no longer owned by Biltmore Farms as the ownership has been transferred to
the Home Owners Assocaition.
6. Future Project Plans
6a. Is this a phased project? ? Yes ® No
6b. If yes, explain.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
C. Proposed Impacts Inventory
1. Impacts Summary
la. Which sections were completed below for your project (check all that a
? Wetlands ® Streams - tributaries
? Buffers
? open Waters
? Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this questi
2a. 2b. 2c.
Wetland impact 2d.
number - Type of impact Type of wetland
Permanent (P) or Forested
(if known)
Temporary (T
W1 ?P?T ?Yes
? No
W2 ?P?T ?Yes
? No
W3 ?P?T ?Yes
? No
W4 ? P ? T ? Yes
? No
W5 ?P?T ?Yes
? No
W6 ?P?T ?Yes
? No
2g. Total: wetland impacts
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary imp-,
question for all stream sites impacted.
3a. 3b. 3c.

Stream impart T.,.,., „c :...........
3d.

number'- ??- r?? .?uca?u Warne terennial
Permanent (P) or (PER) or

Temporary (T) intermittent
tt
(INT
S1 ? P ®T Bank Stabilization UT to Ducker ® PER
Creek ? INT
S2 ? P ®T Bridge UT to Ducker ® PER
Stabilization Creek ? INT

S3 ? P ®T culvert
removal/bank
UT Ducker
®PER
stabilization C
Creek ? INT
)ply):
m for each wetland area impacted.
2e. 2f.
Type of jurisdiction
(Corps - 404, 10 Area of impact
DWQ - non-404, other) (acres)
? Corps
? DWQ
? Corps
? DWQ
? Corps
? DWQ
? Corps
? DWQ
? Corps
? DWQ
? Corps
? DWQ
Icts) proposed on the site, then complete this
3e.

T ype of jurisdiction TAve
rage F
(Corps - 404, 10 tream
DWQ - non-404, width
other) (feet) feet)
® Corps
? DWQ 8 125
® Corps
? DWQ 8 8
® Corps
? DWQ 8 50
S4 ? P ? T ? PER ? Corps
? INT [] DWQ
S5 ? P ? T ? PER ? Corps
? INT ? DWQ
S6 ? P ? T ? PER ? Corps

3h. Total stream and tributary impacts ? INT
:1 pWQ
3i. Comments: all three impacts are proposed for streambank stabilization purposes.
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
w. 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:
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d.
5e

Pond ID .
Wetland Impacts (acres) Stream Impacts (feet) Upland
Proposed use or purpose
number of pond (acres)
Flooded Filled Excavated Flooded Filled Excavated Flooded
P1

P2
5f
Total
.
5g. Comments:
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 constructinn•
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 an impacts require mitigation, then you MUST fill out Section D of this form.
6a.
Project is in which protected basin?
6b.
Buffer impact
number -
Permanent (P) or
Temporary (T)
B1 ?P?T
B2 ?P?T
B3 ?P?T
6i. Comments:
6c. 16d.
Reason
for
Neuse ? Tar-Pamlico ? Other:
Catawba ? Randleman
6f. 69.
tBer
Zone 1 impact Z
one 2 impact
Stream name gation (square feet) (square feet)
ii-V)
U 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 project is designed to impement natural stream feastures such as j-hook structures and planting of native vegetation to
improve stream bank stability. Overall the project is daylighting 25 linear feet of stream and improving water quaity by
stabiliozing stream banks and reducing the pootential for erosion..
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
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:
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:
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 ? Yes ? No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1 3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restorati
on, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11
PCN Form - Version 1.3 December 10, 2008 Version
c. atormwater 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
within one of the NC Riparian Buffer Protection Rules?
? Yes No
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
Comments:
El Yes E] No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project? 0%
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Management Plan? El Certified Local Government
? DWQ Stormwater Program
? DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?

3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply): ? Phase II
? NSW
? USMP
El Water Supply Watershed
11 (lthcr•
3c. Has the approved Stormwater Management Plan with proof of approval been ? Yes
attached? ? No
4. DWQ Stormwater Program Review
? Coastal counties
4a. Which of the following state-implemented stormwater management programs apply El HQW
(check all that apply): ? ORW
? Session Law 2006-246
? Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
? Yes ? No
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
use of public (federal/state) land? ? Yes No
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State ? Yes ? No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.) ? Yes ? No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ? Yes ® 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
additional development, which could impact nearby downstream water quality? El Yes No
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.
This bank stabilization project will not generate waste water.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
o. tnaangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species
es or
habitat?
El Yes No
5b. Have you checked with the USFWS concerning Endangered Species Act
impacts? ? Yes ® No
5c. If yes, indicate the USFWS Field Office you have contacted ? Raleigh
. ? Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS county data and Natural Heritage Program Virtual Workroom.
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?
South Atlantic Habitat and Ecosystem [MS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or trib
governments have designated as having historic or cultural preserva
7

status (e.g., National Historic Trust designation or properties signific
in
Yes No
Nor
th Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Parks Service; National Register of Historic Places; National Register Information System database. The nearest
listed site is the Demens-Rumbough-Crawley House (NPS Reference Number: 82003435). located approximately 2 miles away
to the northeast.
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:
8c. What source(s) did you use to make the floodplain determination? FEMA Panels 3700964500J and 3700964400J
effective date 1/06/10
02, GeMe" - (z3_ L -36 -2a b
Applicant/Agent's Printed Name Applicant/Agent's Signature Date
(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
Ducker Creek Stabilization Project
Ducker Creek Stabilization Project
Ducker Creek Stabilization Project

Site 1. Bank stabilization
Site 2. Bridge footer stabilization

Site 3. Culvert removal
Site 3. Culvert removal
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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2010-00762 County: Buncombe USGS Quad: Asheville
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Biltmore Park Association
Address: Schenk Parkway, PO Box 5355
Asheville, NC 28813
Telephone No.:
Size and location of property (water body, road name/number, town, etc.): This project is located in the
Biltmore Park Subdivision, along sections of the walkinLy trail, Asheville, Buncombe County, NC.
The project will impact an unnamed tributary to Ducker Creek, 35.484463 N, -82.552762 W.
Description of projects area and activity: The permiee is authorized to impact 183 linear feet of
stream to stabilize the stream banks, repair bridee footings, and remove a culvert. All are
permanent impacts.
Applicable Law: M 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: 13
Your work is authorized by the above referenced permits provided it is accomplished in strict accordance with
the attached conditions, your submitted plans, and the special conditions listed below. 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.
1. Failure to institute and carry out the details of these special conditions will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
2. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit, and any authorized modifications, including all
conditions, shall be available at the project site. during construction and maintenance of this project.
3. Please review the attached North Carolina Wildlife Resources Commission letter dated May 11, 2010.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.
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.
4
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Tasha McCormick at 828-271-7980.
Corps Regulatory Official _Tasha McCormick Date: May 17, 2010
Expiration Date of Verification: March 18, 2012

CLEARWATER ENVIRONMENTAL CONSULTANTS, INC.
April 30, 2010
Ms. Tasha McCormick
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
RE: Biltmore Park Home Owners Association
Bank Stabilization - Walking Trail
Buncombe County, North Carolina
Ms. McCormick,
The attached Pre-Construction Notification (PCN) is being submitted on behalf of the
Biltmore Park Association (BPA). The project site is located within the trail system for
Biltmore Park residential neighborhood in Asheville, Buncombe County, North Carolina.
BPA is seeking a Nationwide Permit 13 for minor bank stabilization activities adjacent to
the existing walking trail system.
Should you have any questions regarding the attached PCN and supplemental
information please do not hesitate to contact me at 828-698-9800. A copy of this
package has been sent to Mr. David McHenry of the NC Wildlife Resources Commission
for review. A courtesy copy of this application has also been submitted to Ms. Susan
Wilson of the NC Division of Water Quality, Asheville Regional Office.
Respectfully,
"R. Cl Me ddle, %PW.S
Principal
Copy Furnished:
NC Division of Water Quality, Asheville - Susan Wilson
NC Wildlife Resources Commission - Dave McHenry
718 Oakland Street
Hendersonville, North Carolina 28791
Phone: [phone] Fax: [phone]
www.cwenv.com
.4 -
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:North Carolina County/parish/borough: Buncombe City: Asheville
Center coordinates of site (]at/long in degree decimal format): Lat. 35.484463° N> Long. -82.552762° W.
Universal Transverse Mercator:
Name of nearest waterbody: Ducker Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River
Name of watershed or Hydrologic Unit Code (HUC): 06010105
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:
0 Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pleb 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]
E] Waters subject to the ebb and flow of the tide.
El Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Fick l isi "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):'
El 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
El 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
l 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: 4880 linear feet: 8-10 width (ft) and/or 1 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on Esta6li tyAtt"A '06
?W11
Elevation of established OHWM (if known):
Non-regulated waters/wetlands (check if applicable):3
[J Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
1 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 III.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.1.; 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 Rapanoshave 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 III.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 HIJ3.2 for any onsite wetlands, and Section III.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.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: c 't
Drainage area: to s
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through M tributaries before entering TNW.
Project waters are " is river miles from TNW.
Project waters are - river miles from RPW.
Project waters are t aerial (straight) miles from TNW.
Project waters are aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
"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.
s1
? 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: K'kiist.
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 runhiffle/pool complexes. Explain:
Tributary geometry: t'ich Cite
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for. hc k 1, i, t
Estimate average number of flow events in review area/year. Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Yick I sf . Characteristics:
Subsurface flow: Fick' lis. 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 ?
? changes in the character of soil ?
? shelving ?
? vegetation matted down, bent, or absent ?
? leaf litter disturbed or washed away ?
? sediment deposition ?
? water staining ?
? other (list):
? Discontinuous OHWM.7 Explain:
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
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
0) 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: Nick I is t. Explain:
Surface flow is: Pick 1A,,t
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 [ ick' U.is river miles from TNW.
Project waters arc Pick I J,4 aerial (straight) miles from TNW.
Flow is from:
.ILi`st.
Estimate approximate location of wetland as within the Fick Lisi 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: b"'kLi-4
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 WATERSIWETLANDS ARE (CHECK ALL
THAT APPLY):
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.
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: presence of aquatic macroinvertebrates.
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: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss 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.
[l Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
F] 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:
gJ 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: acres.
5. 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.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
El 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 111. C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
M 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):
Q 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.
El Interstate isolated waters. Explain:
Q 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/EPAMemorandum Regarding CWA Act Jurisdiction FollowingRapanos
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Wetlands:
acres.
NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
E_ 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):
EJ Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
El 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).
Q Lakes/ponds: acres.
Other non-wetland waters: acres. List type of aquatic resource:
Q 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:
Q Corps navigable waters' study:
h 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-yearFloodplain 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):
Identify type(s) of waters:
B. ADDITIONAL COMMENTS TO SUPPORT JD: