20071571 Ver 2_401 Application_20101110

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Corps Submittal Cover Sheet
1. Project Name: Lot B-80, Lake Toxaway Estates
2. Name, Mailing Address, Phone Number of Property Owner/Applicant
Company and/or Name: Jay Felts
Address: 2504 Alton Road NW Atlanta, Georgia 30305
Phone: [phone]
3. Name of Consultant/Agent: Jennifer L Robertson
4. Related/Previous Action ID number(s):
5. Site Address: Lot B-80, Lake Toxaway Estates sPA111D •
6. Subdivision Name: Lake Toxaway Estates
7. City: Rosman
8. County: Transylvania
9. Lat: 035.1253103 N Long: 082.9568015 W D gaz,tciQ V is
10. Quadrangle Name: Reid hOV, 3 0 2010
11. Waterway: Lake Toxaway DE1rR•wATERflUAl1TY
wsrLWs N+o smRO+tM BW4CH
12. Watershed: Savannah River Basin
13. Jurisdictional Features on the Site: (Approximations Only.)
Stream Length: +/- 5001inear feet
Wetland Area: < 0.10acres
Open Water Area: Oacres
14. Requested Action:
® Nationwide Permit # 18
? General Permit #
? Jurisdictional Determination Request
? Pre-Application Request
The following information will be completed by 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:
TL??
IRONMENTAL
November 24, 2010
US Army Corps of Engineers NC Division of Water Quality
Attn: Mr. Tyler Crumbley Attn: Mr. Ian McMillan
151 Patton Ave, Room 208 2321 Crabtree Blvd, Suite 250
Asheville, North Carolina 28801-5006 Raleigh, North Carolina 27604
Re: Lot B-80, Lake Toxaway Estates - PCN Request
Rosman, Transylvania County, North Carolina
Tyler/Ian:
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr.
Jay Felts to allow for construction of a residence, yard, two pathways, seawall, and
boathouse on his property in Transylvania County, North Carolina on West Club
Boulevard. Mr. Felts is seeking a nationwide permit 18 authorization for the proposed
actions. A 404 and 401 were obtained for this project in November 2007 for 0.06 acre
of wetland impact but the impacts were not constructed and the request for impacts
has been revised. Copies of these expired previous approvals are enclosed.
Impacts now total 0.07 acre of wetland impacts due to the addition of a boathouse that
was not permitted originally. Three bridges will be constructed to avoid stream
impacts. The impacts have not been installed due to some unforeseen health issues
within Mr. Felt's extended family. Mr. Felts is now ready to proceed especially since
Lake Toxaway will be drawdown which will allow the wetland impacts at site #2, the
seawall, and the boathouse to be constructed in the dry. To avoid the existing trout
buffer and steep topography along the southwest property boundary wetland impacts
at site #1 are necessary to develop a large enough building envelope for the residence.
Feel free to contact me if you have any questions regarding the attached PCN.
Thanks, 5y?z• o??G4?P,,
Jennifer L Robertson
Copies To:
Mr. Kevin Barnett/Ms. Susan Wilson, NC DWQ - Swannanoa
Mr. Dave McHenry, NC WRC
Mr. Jay Felts
ATLAS Environmental Inc
PO Box 882 / 68 Poplar St
Canton, North Carolina 28716
828-712-9205 (m) / 828-648-8801 (o) / 828-648-8802 (f)
4VIRONMENTAL
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Ian McMillan
2321 Crabtree Blvd., Suite 250
Raleigh, North Carolina 27604-2260
I, the current landowner of the property identified below, hereby authorize Atlas
Environmental Inc 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. Federal and State agents are authorized to be on said
property when accompanied by Atlas Environmental Inc staff. Atlas Environmental Inc
is authorized to provide supplemental information needed for permit processing at the
request of the Corps or DWO.
Property Owner of Record:
Address:
Address:
Address:
Phone Number:
Property Location:
Owners Signature:
Date:
Jamaj W. F--el--s
2s'o4 M-(wK PwaQ NUJ
4T-cAA 7A-7 GA 303oC
/19
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0 jVa. ?- -

Atlas Environmental Inc
PO Box 882 / 68 Poplar St
Canton, NC 28716
828-712-9205 / 828-648-8801 / 828-648-8802
www,atlasenvi.com
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre-Construction Notification PCN Form
A. Applicant Information
1. Processing 4 01 AL A X it it Y_
--------
1 a. Type(s) of approval sought from the

Corps:
® Section 404 Permit ? Section 10 Permit
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? ® 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
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
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ? Yes ® No
2. Project Information
2a. Name of project: Lot B-80
2b. County: Transylvania
2c. Nearest municipality / town: Rosman I

2d.
Subdivision name: U
Lake Toxaway Estates No L-1
v 3 a 7010
2e. NCDOT only, T.I.P. or state
project no: none
DENR•WATER-QUALITY
3. Owner Information
3a. Name(s) on Recorded Deed: Mr. Jay Felts
3b. Deed Book and Page No. 81 and 108
3c. Responsible Party (for LLC if
applicable):
3d. Street address: 2504 Alton Road NW
3e. City, state, zip: Atlanta, Georgia 30305
3f. Telephone no.: 678-613-6299
3g. Fax no.: 360-832-4657
3h. Email address: [e-mail]
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: same as above
4c. Business name
(if applicable):
4d. Street address: same as above
4e. City, state, zip: same as above
4f. Telephone no.: same as above
4g. Fax no.: same as above
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name: Jennifer L Robertson
5b. Business name
(if applicable): Atlas Environmental Inc
5c. Street address: 68 Poplar Street / PO Box 882
5d. City, state, zip: Canton, North Carolina 28716
5e. Telephone no.: 828-712-9205 / 828-648-8801
5f. Fax no.: 828-648-8802
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): 8512-44-7492-000
Latitude: 035.1253103N Longitude: -
1 b. Site coordinates (in decimal degrees): 082.9568015W
(DD.DDDDDD) (-DD.DDDDDD)
1 c. Property size: +/- 1.1 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to Lake Toxaway
proposed project:
2b. Water Quality Classification of nearest receiving water: 1113; Tr"
2c. River basin: Savannah
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:
This lot is currently forested. The surrounding area is primarily residential development, Lake Toxaway, or forested.
3b. List the total estimated acreage of all existing wetlands on the property:
<0.10 acre
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
500 linear feet
3d. Explain the purpose of the proposed project:
To permit wetland impacts to create a building envelope for a residence and to construct a boathouse, pathway, and
seawall.
3e. Describe the overall project in detail, including the type of equipment to be used:
The work is necessary to develop the lot and to build a boathouse. Land at the boathouse location will be excavated to
create more open water. Typical construction equipment will be used including trackhoes and dump trucks.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
®Yes ? No ? Unknown
project (including all prior phases) in the past?
Comments: approved during previous permitting
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: WNR
Name (if known): Neill Yelverton Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
November 13, 2007
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 18 for 0.06 acres November 13, 2007 (Corps) and November 1, 2007 (DWQ)
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.
Page 4 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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
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 Fill herbaceous ? Yes
® No ® Corps
? DWQ 0.06
W2 ®P ? T Fill/Excavate herbaceous ? Yes
® No ® Corps
? DWQ 0.01
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 0.07 acre
2h. Comments: none
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 ? PER ? Corps
? INT ? DWQ
S2 ? P ? T ? PER ? Corps
? INT ? DWQ
S3 ? P ? T ? PER ? Corps
? INT ? DWQ
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
3i. Comments: none
Page 5 of 11
PCN Form - Version 1.3 December 10, 2008 Version
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: none
5. Pond or Lake Construction
If and or lake construction proposed, then complete the chart below.
5a. 5b. 5c. 5d. 5e.
Wetland Impacts (acres) Stream Impacts (feet) Upland
Pond ID Proposed use or purpose (acres)
number of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments: none
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:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, the n 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.
? Neuse
?Tar-Pamlico ? Other:
Project is in which protected basin? ? Catawba ? Randleman
6b. 6c. 6d. 6e. 6f. 6g.
Buffer impact
number - Reason Buffer Zone 1 impact Zone 2 impact
Permanent (P) or for Stream name mitigation (square feet) (square feet)
Temporary T im act required?
B1 ?P?T ?Yes
? No
B2 ? P ? T ? Yes
? No
B3 ?P?T ?Yes
? No
6h. Total buffer impacts
6i. Comments: none
Page 6 of 11
PCN Form - Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The site plan has been configured to avoid three stream impacts to an unnamed tributary to the Toxaway River (Lake
Toxaway). The upper portion of wetland #1 has been minimized by moving the driveway to the other side of the UT which
resulted in additional costs from bridge construction and by minimizing the building envelope.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Construction of three bridges avoids all stream impacts. The equipment that will be used will be in good working condition and
will not pose a threat to water quality.
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?

pro ? 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
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:
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? < 10 %
2b. Does this project require a Stormwater Management Plan? ? Yes ® No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why: less than 10% impervious, single family
residence
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?
? Phase II
? NSW
3b. Which of the following locally-implemented stormwater management programs ? USMP
apply (check all that apply): ? Water Supply Watershed
? Other:
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:
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)
1a. 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)?
1c. 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.
The sewage disposal will be accomplished through a septic system.
Page 10 of 11
PCN Form -Version 1.3 December 10, 2008 Version
S. 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?
F-1 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 Map / 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 Website
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain? -J®-Yes No
8b. If yes, explain how project meets FEMA requirements: High ground and wetland area #2 will be excavated to create more
open water which will not involve filling within the 100-year floodplain. The project architect / engineer will coordinate with
local agencies to determine what process is necessary to permit the house construction during plan approval.
8c. What source(s) did you use to make the floodplain determination? Transylvania County GIS
Jennifer L Robertson November 24,
2010
Applicant/Agentsfrinted Name U
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
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Name: REID Location: 035'07'27.70" N 082'57'24.83" W
Date: 11/26/2010 Caption: Lot B-80 Lake ToxawaY Estates
Scale: 1 inch equals 4000 feet Transylvania County
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Name: REID Location: 035°07' 27.70" N 082057'24.83" W [[
Date: 11/26/2010 Caption: Lot B-80, Lake Toxaway Estates
Scale: 1 inch equals 667 feet Transylvania County
AEI JF-1000
• MapQuest Maps - Driving Directions - Map
mapquestm Notes
Trip to:
[1-3698] W Club Blvd
Lake Toxaway, NC 28747
54.11 miles
1 hour 22 minutes
Page 1 of 3
151 Patton Ave Miles Per Miles
Asheville, NC 28801-2638 Section Driven
1. Start out going WEST on PATTON AVE toward N FRENCH BROAD Go 0.4 Mi 0.4 mi
AVE.
2. Take the 1-240 W exit on the LEFT toward US-19 S / US-23 S / W Go 0.1 Mi 0.6 mi
EXIT
R ASHEVILLE.

tt
4 3. Merge onto US-74-ALT W. Go 0.6 Mi 1.1 mi

tt 4. Merge onto 1-240 W toward 1-26 E / 1-40. Go 3.2 Mi 4.3 mi

t 5. Merge onto 1-26 E / US-74 E via the exit on the LEFT toward
ASHEVILLE AIRPORT / HENDERSONVILLE / SPARTANBURG Go 9.4 Mi 13.8 mi
.
6. Take the NC-280 exit, EXIT 40, toward ASHEVILLE REGIONAL Go 0.3 Mi 14.0 mi
e AIRPORT / ARDEN.

® 7. Turn RIGHT onto NEW AIRPORT RD / NC-280. Continue to follow NC-
280S. Go 16.1 Mi 30.1 mi
If you reach 1-26 E you've gone about 0.1 miles too far
At ,,f, 8. NC-280 S becomes US-64 W. Go 18.4 Mi 48.5 mi
9. Turn RIGHT onto US-64 / ROSMAN HWY. Go 0.6 Mi 49.1 mi

4
) 10. Turn LEFT onto US-64 / NC-281 / ROSMAN HWY. Go 1.3 Mi 50.5 mi
1 c1i
11. Turn RIGHT onto W CLUB BLVD. Go 2.2 Mi 52.7 mi
10 W CLUB BLVD is 0.3 miles past E SHORE DR
12. Turn RIGHT to stay on W CLUB BLVD. Go 0.2 Mi 52.8 mi
If you are on CHESTNUT TRCE and reach FAIRWAY DR you've gone
about 0.8 miles too far
13. Turn LEFT to stay on W CLUB BLVD. Go 0.5 Mi 53.4 mi

http://www.mapquest.com/print?a=app.core.ee 1 d26c88fbf22l c83847511 11/26/2010
MapQuest Maps - Driving Directions - Map Page 2 of 3
14. Take the 1 st LEFT onto SEMINOLE WAY. Go 0.6 Mi 54.0 mi
14 If you reach INDIAN TRCE you've gone about 0.4 miles too far
15. Turn SHARP RIGHT onto W CLUB BLVD. Go 0.10 Mi 54.1 mi
W CLUB BLVD is 0.4 miles past HOMESTEAD DR
16. [1-3698] W CLUB BLVD. Go 0.01 Mi 54.1 mi
If you reach CLEARWATER PT you've gone a little too far
[1-3698] W Club Blvd 54.1 mi 54.1 mi
Lake Toxaway, NC 28747
Total Travel Estimate: 54.11 miles - about 1 hour 22 minutes
http://www.mapquest.com/print?a=app.core.ee 1 d26c88fbf22l c83847511 11/26/2010
• MapQuest Maps - Driving Directions - Map
Page 3 of 3
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Directions and maps are informational only. We make no warranties on the accuracy of their content, road conditions or route usability or
expeditiousness. You assume all risk of use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulting from your use
of MapQuest. Your use of MapQuest means you agree to our Terms of Use
http://www.mapquest.conVprint?a=app.core.ee 1 d26c88fbf22lc83847511
11/26/2010
• Transylvania County, NC -- Printable Map
Transylvania County, NC
Page 1 of 1 a24 a. T.r

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DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
Lot B-80 Tax Parcel Map
httpY/www.webgis.net Anderson & Associates, Inc. http://www.andassoc.com
http://arcims.webgis.net/nc/transylvania/printable2.asp
11/26/2010
Transylvania County, NC -- Printable Map
Transylvania County, NC
Page 1 of 1

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DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
Lot B-80 2008 Aerial
http://www.webgis.net Anderson & Associates, Inc. httpl/www.andassoc.com
http://arcims.webgis.net/nc/transylvania/printable2.asp 11/26/2010
Transylvania County, NC -- Printable Map
Page 1 of 1
Map Legend
? Parcels
Parcel Lines
? City Limits
ETJ
2007 Flood Data
SWVaw flood'.
A
r•
100•ya Hood.
F7 tkd?y
Labels: Parcels
` T35-39 AC = LAKES
ftq '}t A4.4.-Tf\T.rst
DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
believed to be accurate but accuracy is not guaranteed.
2007 Flood Data Map
http://www.webgis.net Anderson & Associates, Inc. http7/www.andassoc.conn
http://arcims.webgls.net/nc/transylvania/printable2.asp
11/26/2010
Transylvania County, NC
• NC DENR - DIVISON OF WATER QUALITY 2B .0300
.0303 SAVANNAH RIVER BASIN
Class
Name of Stream, Description Class Date Index No.
Clear Creek From source to North B;Tr 03/01/89 3 -10- 2-3
Carolina-Georgia State Line
Covefield Branch From source to Clear Creek B 03/01/89 3 -10- 2-3-1
Cornet Branch (Cornel From source to Clear Creek B 03/01/89 3 -10- 2-3-2
Branch)
Brooks Creek From source to Clear Creek B;Tr 03/01/89 3 -10- 2-3-3
Tom Branch From source to Brooks Creek B 03/01/89 3 -10- 2-3-3-1
Henson Branch From source to North B 03/01/89 3 -10- 2-3-4
Carolina-Georgia State Line
Big Creek From source to North C;Tr,ORW 03/01/89 3 -10- 3
Carolina-Georgia State Line
Edwards Creek From source to Big Creek C;Tr,ORW 03/01/89 3 -10- 3-1
Blackrock Branch From source to Big Creek C;ORW 03/01/89 3 -10- 3-2
Little Creek From source to Big Creek C;Tr,ORW 03/01/89 3 -10- 3-3
Norton Branch From source to Big Creek C;ORW 03/01/89 3 -10- 3-4
Talley Mill Creek From source to North C;ORW 03/01/89 3 -10- 3-5
Carolina-Georgia State Line
Tullulah River From source to North C;Tr 07/01/73 3 -11
Carolina-Georgia State Line
Deep Gap Branch From source to Tullulah C;Tr 07/01/73 3 -11- 1
River
Wateroak Creek (Whiteoak From source to Tullulah C;Tr 07/01/73 3 -11- 2
Creek) River
Chimney Rock Branch From source to Tullulah C;Tr 07/01/73 3 -11- 3
River
Water Spout Branch From source to Tullulah C;Tr 07/01/73 3 -11- 4
River
Sassafras Branch From source to Tullulah C;Tr 07/01/73 3 -11- 5
River
Burnt Cabin Branch From source to North C;Tr 03/01/77 3 -11- 6
Carolina-Georgia State Line
Beech Creek From source to North C;Tr 07/01/73 3 -11- 7
Carolina-Georgia State Line
Fall Branch From source to North C;Tr 03/01/77 3 -11- 8
Carolina-Georgia State Line
Charlies Creek From source to North C;Tr 03/01/77 3 -11- 9
Carolina-Georgia State Line
Coleman River From source to North C;Tr 03/01/77 3 -11- 10
Carolina-Georgia State Line
TOXAWAY RIVER (Lake Toxaway) From source to Dam at Lake B;Tr 07/01/73 4 -(1)
Toxaway Estates, Inc.
Mill Creek From source to Lake B;Tr 07/01/73 4- 2
Toxaway, Toxaway River
Deep Ford Creek From source to Lake B;Tr 07/01/73 4- 3
Toxaway, Toxaway River
Page 2 of 5 2010-11-20 07:19:59
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Soil Mao-Transvlvania Countv. North Carolina
Map Unit Legend
Transylvania County, North Carolina (NC175)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
CdE Chandler-Micaville complex, 15 to 30 percent 3.3 21.4%
slopes, stony
ChE Evard loam, 15 to 30 percent slopes, stony 0.2 1.1%
FaF Fannin fine sandy loam, 30 to 50 percent 1.1 7.1%
slopes
Ro Rosman fine sandy loam, 0 to 2 percent 3.1 19.7%
slopes, frequently flooded
TeB Tate fine sandy loam, 2 to 8 percent slopes 2.9 18.4%0
TeD Tate fine sandy loam, 8 to 15 percent slopes 0.3 1.80/(
TsD Saunook loam, 8 to 15 percent slopes
- - 1.0 6.5%
W Water 3.8 24.0%
Totals for Area of Interest 15.6 100.0%
Natural Resources Web Soil Survey 11/26/2010
Conservation Service National Cooperative Soil Survey Page 3 of 3

7„
\ deh t ed fl yy d. i y Ue C p 0 Eg ers We[Imtas Delineation Mau al Fi tdiny suhfeu to 'utrre change and revision.
\\\ 2)Jur sdictionaI wed and areas exhibit positive indicators of all three req i.ed para metes (vegetation, sods and hydrology).
3) Stream classifi atInns are based on Identl Ica it on Methods for the Orlg ins of Intermittent and Perennial Streams Version 3-1 (NC
Division of Water Quality). Origin points are subject to change based on environmental factors. Ephemeral drainages are typically
not regulated but may be captured as jurisdictional.
4) All findings are approximate until a juriscitional determination is obtained from the US Army Corps of Engineers in accordance
DRIVEWAY with Wilmington District policy ofjuly 2005.
Sl Ju risdicrimtal wetland and stream locations are not final until platted by a licensed land surveyor in accordance with Wilmington
/ District l policy of July 2005.
6
6) All dimensions, position locations, and boudaries, including CPS wetland and stream positions, are approximate and are not
suitable for recordation.
;) In most cases permits are required to impact or disturb waters of the US. Project proponent Is liable for land disturbing
WA
e
_./ENVIRONMENTAL
68 Poplar St. Canton, NC 28716
828 - 648 - 8801 • wvvw.adasenxA.com
Scale: 1 501 Sheet:
Map Impact Map -
Project: Lot B-BO, Lake Toxaway EstateE
Location: Transylvania County, NC
Client: James Felts
Date: 11-24-10
Code: JF-1000
Atlas Environmental Inc
P.O. Box 882 / 68 Poplar Street
Canton, NC 28716
828-712-9205 (m) / 828-648-8801(o) / 828-648-8802 (f)
DATA FORM - ROUTINE WETLAND DETERMINATION
(1987 COE Wetlands Determination Manual)
Project / Site: Lot B-80, Lake Toxaway Estates Date: July 18, 2007
Applicant / Owner: Jay Felts County: Transylvania
Investigator: Yelverton State: North Carolina
Do normal circumstances exist on the site? Yes ® No[:] Community ID:wetland
Is the site significantly disturbed (Atypical situation)?Yes ? No ® Transect ID:wetland
Is the area a potential problem area? Yes ? No ® Plot ID:A-1000
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Carex spp. OBL herb 9.
2. Impatiens capensis FACW herb 10.
3. 11.
4. 12.
5. 13.
6. 14.
7. 15.
8. 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
? Recorded Data (Describe In Remarks):
? Stream, Lake, or Tide Gauge
? Aerial Photographs
? Other
® No Recorded Data Available
Field Observations:
Wetland Hydrology Indicators
Primary Indicators:
? Inundated
® Saturated in Upper 12"
? Water Marks
? Drift Lines
? Sediment Deposits
? Drainage Patterns in Wetlands
Depth of Surface Water: Ofin.)
Depth to Free Water in Pit: 0 in.)
Depth to Saturated Soil: 0 (in.)
Secondary Indicators:
0 Oxidized Roots Channels in Upper 12"
? Water-Stained Leaves
? Local Soil Survey Data
0 FAC-Neutral Test
? Other (Explain in Remarks)
Remarks:
SOILS
page 2 DF2
Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes ? No El
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
inches Horizon (Munsell Moist ) (Munsell Moist) Abundance /Contrast Structure, etc.
0-12 A 10YR 4/2 7.5R 5/6 /
Hydric Soil Indicators:
? Histosol ? Concretions
? Histic Epipedon ? High Organic Content in Surface Layer in Sandy Soils
? Sulfidic Odor ? Organic Streaking in Sandy Soils
? Aquic Moisture Regime ? Listed On Local Hydric Soils List
? Reducing Conditions ? Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ? Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ® No ? Is the Sampling Point
Wetland Hydrology Present? Yes ® No ? Within a Wetland? Yes ® No ?
Hydric Soils Present? Yes ® No ?
Remarks: Wetland #1 and #2 are small wetlands adjacent to the unnamed tributary to
Lake Toxawav (Toxaway River).
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: UT to Lake Toxaway (Toxaway River)
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/parish/borough: Transylvania City: Rosman
Center coordinates of site (lat/long in degree decimal format): Lat. 035.1253103° N, Long. 082.9568015° W.
Universal Transverse Mercator:
Name of nearest waterbody: Lake Toxaway (Toxaway River)
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Lake Toxaway (Toxaway River)
Name of watershed or Hydrologic Unit Code (HUC): Savannah; Savannah River Basin - (03060101)
® 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: July 17, 2007
® Field Determination. Date(s): July 18, 2007
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are "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 Are "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):
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters (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: +/- 500 linear feet: 8-12 width (ft) and/or 0.14 acres.
Wetlands: 0.09 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.
z 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).
' 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 IH.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 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 waterbody4 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 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 III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: + 1000acres
Drainage area: +/-250 Pick List
Average annual rainfall: 80 inches
Average annual snowfall: 6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
® Tributary flows through 3 tributaries before entering TNW.
Project waters are 30 (or more) river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
Project waters are 30 (or mare) aerial (straight) miles from TNW.
Project waters are 1(or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: yes, the Toxaway River flows across into South Carolina.
Identify flow route to TNW5: UT to Toxaway River to South Carolina.
Tributary stream order, if known: second.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s 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: 12 feet
Average depth: 1 feet
Average side slopes: 4:1 (or greater).
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: stable.
Presence of run/riffle/pool complexes. Explain: yes.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): <5 %
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: constant.
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: No. 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):
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
? Discontinuous OHWM.' Explain:
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
® vegetation lines/changes in vegetation types.
If factors other than the OHWM were used to determ
? High Tide Line indicated by:
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? 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: water is clear.
Identify specific pollutants, if known: none.
'A 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.
a
(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: macro invertebrates.
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:0.09acres
Wetland type. Explain: herbaceous seep.
Wetland quality. Explain:good.
Project wetlands cross or serve as state boundaries. Explain: no.
(b) General Flow Relationship with Non-TNW:
Flow is: Perennial flow. Explain:
Surface flow is: Discrete and confined
Characteristics:
Subsurface flow: Unknown. 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 30 (or more) river miles from TNW.
Project waters are 30 (or more) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 100 - 500-year 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: No pollutants or water quality problems observed, watershed is primarily forested with
little residential development.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):50.
? 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: 2
Approximately ( 0.09 ) 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)
Y 0.08
Y 0.01
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 I11.13:
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 I1I.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS 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.
2. RPWs that flow directly or indirectly into TNWs.
Z 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 I1I.13. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 500 linear feet8-12width (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:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Z 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 111.13 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.
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.
? 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.'
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:
Nee Footnote # 3.
v 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.
r
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):
Z Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Z 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:

T.S. ARMY CORPS OF E NGDiEERS
WILMINGTON DISTRICT
Action ID. SAW-2007-3003 County: Transylvania USGS Quad.: Lake Toxaway
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Lake Toxaway, POA Attn: Mr. Kit Garren
Address: PO Boa 100
Lake Toaaway. NC 28747
Telephone No.: 828-966-9453
Size and location of property (water body, road name/number, town, etc.): The project site is 1.1 acres
located on West Club Drive, lot # 80 at Lake Toxaway, Henderson County, North Carolina.
Description of projects area and activity: This verification authorizes 0.06 acres of fill to be placed in
iurisdictional wetlands for the purpose of site development.
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
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the attached conditions, the conditions outlined in the enclosed NC WRC letter dated September 26,
2007 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 Liz Hair at 828-271-7980.
Corps Regulatory Official Liz Hair Date: November 13, 2007
Expiration Date of Verification: November 13, 2009
A r?RQ
O ?? r
> 16.?WO.? =..1
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
November 1, 2007
DWQ Project # 07-1571
Transylvania County
Mr. Kit Garren
Lake Toxaway POA
P.O. Box 100
Lake Toxaway, NC 28747
Subject Property: Lot 80, Lake Toxaway
Lake Toxaway [031302, 4-(1), B, TR]
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Garren:
You have our approval, in accordance with the attached conditions and those listed below, to
place fill within or otherwise impact 0.06 acres of 404/wetland, as described in your revised
application/plans dated October 8, 2007, and received by the Division of Water Quality (DWQ)
on October 15, 2007, for the purpose of constructing a residence. After reviewing your
application, we have decided that the impacts are covered by General Water Quality Certification
Number(s) 3631(GC3631). The Certification(s) allows you to use Nationwide Permit(s) NW 18,
respectively, when issued by the US Army Corps of Engineers (USACE). In addition, you
should obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment Control, and
Non-discharge regulations. Also, this approval to proceed with your proposed impacts or to
conduct impacts to waters as depicted in your application shall expire upon expiration of
the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and
is thereby responsible for complying with all conditions. If total fills for this project (now or in
the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may
be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific and
general conditions of this Certification (or Isolated Wetland Permit) are met. No other
impacts are approved including incidental impacts: I 9-M
401 Oversight/Express Review Permitting Unit ITINK
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/ 10% Post Consumer Paper
Mr. Kit Garren
Page 2 of 4
November 1, 2007
r3
Type of Impact Amount Approved Units Plan Location or Reference
404/Wetland 0.06 (acres) Revised Plans dated October 8, 2007
2. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind'§611 occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Pre-Construction Notification. All
construction activities, including the design, installation, operation, and maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no
violations of state water quality- standards, statutes, or rules occur.
3. Erosion and sediment control practices must be in full compliance with all specifications
governing the proper design, installation and operation and maintenance of such Best
Management Practices in order to protect surface waters standards:
a. The erosion and sediment control measures for the project must be designed,
installed, operated, and maintained in accordance with the most recent version of the
North Carolina Sediment and Erosion Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion
control measures must be such that they equal, or exceed, the requirements specified
in the most recent version of the North Carolina Sediment and Erosion Control
Manual. The devices shall be maintained on all construction sites, borrow sites, and
waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. Sufficient materials required for stabilization and/or repair of erosion control
measures and stormwater routing and treatment shall be on site at all times.
4. Sediment and Erosion Control Measures
Sediment and erosion control measures shall not be placed in wetlands or waters to the
maximum extent practicable. If placement of sediment and erosion control devices in
wetlands and waters is unavoidable, they shall be removed and the natural grade restored
within six months of the date that the Division of Land Resources has released the project;
5. Protective Fencing
The outside buffer, wetland or water boundary and along the construction corridor within
these boundaries approved under this authorization shall be clearly marked with orange
warning fencing (or similar high visibility material) for the areas that have been approved
to infringe within the buffer, wetland or water prior to any land disturbing activities to
ensure compliance with 15A NCAC 2B .0233 and GC 3404;
6. Deed Notifications
Deed notifications or similar mechanisms shall be placed on all retained jurisdictional
wetlands, waters and protective buffers in order to assure compliance for future wetland,
water and buffer impact. These mechanisms shall be put in place at the time of recording
r
Mr. Kit Garren
Page 4 of 4
November 1, 2007
This letter completes the review of the Division of Water Quality under Section 401 of the Clean
Water Act. If you have any questions, please telephone Cyndi Karoly or Ian McMillan at 919-
733-1786. i
Since ly,
Coleen H. Sullins, Director
CHSlijm

Enclosures: GC 3631
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
Kevin Barnett, DWQ Asheville Regional Office
DLR Asheville Regional Office
File Copy
Central Files
Neill Yelverton, WNR, P.O. Box 882, Canton, NC 28716
Filename: 071571 Lot80LakeToxaway(Transylvan ia)401