20120514 Ver 1_401 Application_20120512

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CIVIL DESIGN CONCEPTS, PA
Transmittal Letter
Date May 18, 2012
Protect Name Quahty Od -Enka
CDC Protect # 11115
To Mr Kevin Barnett
Asheville Regional Office
NCDENR DWQ
2090 U S 70 Highway
Swannanoa, NC 28778
Via Mail Overnight
Copies Date
5 5/08/2012
5
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REMARKS
Kevin
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Hand Delivered Pick up @ CDC Office
Description
Complete PCN Application submittal
Site Plans
NCDENR DWQ Review Fee for 401 Water Quality Certification
The above referenced project consists of extending an existing 18 CMP stream culvert to provide a
future access to an adjacent property located off Smokey Park Highway (US 19 23) in Asheville North
Carolina The construction will allow for access across an existing unnamed tributary for a future
connection between parcels The enclosed completed PCN application requests an additional 20LF of
impact to the unnamed tributary to Hominy Creek Please feel free to contact me to discuss any
questions or concerns
Thanks,
By W Jason Guess
S \ ACAD \11115\Docs \TransmlttaIs\Kevin Bamett 2012 5 18 trans doe
Maihng Address P O Box 5432, Asheville, NC 28813
200 Swannanoa River Rd Ashev>lee, NC 28805 1210 S Main Street Waynesville, NC 28786
Phone [phone] Fax [phone] Phone [phone] Fax [phone]

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CIVIL DESIGN CONCEPTS, PA
`n...ra000Pr
May 18 2012
Mr Kevin Barnett
Asheville Regional Office
NCDENR DWQ
2090 US 70 Highway
Swannanoa NC 28778
Re Quality Oil Enka
CDC Project No 11115
Dear Mr Barnett
We are seeking to obtain a 401 Water Quality Certification for the protect known as Quality Oil Enka in
Asheville North Carolina Enclosed for your review and approval are the following items
• Completed PCN Form
• Jurisdictional Determination Form
• Vicinity Map
• USGS Map Excerpt of Subject Site
• NRCS Soils Survey Map
• Copy of USACE General Permit Verification (SAW 2008 1697)
• 401 Oversight Permitting PCN Submittal Checklist
• Site Plan
• Survey Existing Conditions
• $240 review fee for 401 DWQ Water Quality Certification
The above referenced project consists of the extension of an existing 18 CMP stream culvert to
provide a future access to an adjacent property located off Smokey Park Highway (US 19 23) in
Asheville North Carolina The construction will allow for access across an existing unnamed
tributary for a future connection between parcels The enclosed completed PCN application requests
an additional 201,17 of impact to the unnamed tributary to Hominy Creek
Please forward any pertinent information pertaining to the permit to Ms Tasha McCormick with
USACE at the Asheville Regional offices A copy of this submittal package has been forwarded to
Mr David McHenry at the North Carolina Wildlife Resources Commission Any approval letters or
permits can be sent to our office for the need to distribute to the owner and the contractor If you
should have any questions or need any additional information during your review please do not
hesitate to call
Sincerely
v
W Jason Guess
CC Daniel Dmsbeer
Tasha McCormick — USACE (Asheville Regional Office)
David McHenry Mountain Region Coordinator
S \ACAD \11115\Docs\ARMY CORP\2012 05 18 -cover letter doc
Mailing Address P O Box 5432, Asheville NC 28813
200 Swannanoa River Rd Asheville NC 28805 1210 S Main Street Waynesville NC 28786
Phone [phone] Fax [phone] Phone [phone] Fax [phone]

\o�ot WAr�c9Oc
CIO r
201 205 1 4
Office Use Only
Corps action ID no
DWQ project no
Form Version 13 Dec 10 2008
f
MAY 21 2012
"ATER CUAI ITY SECTION
ACI I =VIU R -(' ONAL OFFICE
Page 1 of 10 / —40 -'e-
PCN Form r"V -rs�on 1 ,,§,Depgmber 1 Q.2pQ8 Version
Pre - Construction Notification PCN Form
1
A Apphcant Information 1
Processing
A
1a
Type(s) of approval sought from the
Corps
Section 404 Permit El Section 10 Permit
1b Specify Nationwide Permit (NWP) number NWP14 or General Permit (GP) number
1c
Has the NWP or GP number been venfied by the Corpse
❑ 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
❑ Yes ® No
For the record only for Corps Permit
❑ Yes ® No
If
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
1g
Is the project located in any of NC s twenty coastal counties If yes answer 1h
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
Quality Oil Enka
2b
County
Buncombe 0
2c
Nearest municipality / town
Asheville - -
2d
Subdivision name
NA
2e
3
NCDOT only T I P or state E i
project no QUAL
sites Branch an anch
Owner Information t l
3a
Name(s) on Recorded Deed
Quality Oil Company LLC ee'
3b
Deed Book and Page No
4954 1683
3c
Responsible Party (for LLC if
applicable)
Quality Oil Company LLC
3d
Street address
1540 Silas Creek Parkway 1
3e
City state zip
Winston Salem NC 27102 2736 �.,=
_''
3f
Telephone no
366 722 3441
3g
Fax no
366 721 9522
r
3h
Email address
erhymer @qocnc corn a
L
f
MAY 21 2012
"ATER CUAI ITY SECTION
ACI I =VIU R -(' ONAL OFFICE
Page 1 of 10 / —40 -'e-
PCN Form r"V -rs�on 1 ,,§,Depgmber 1 Q.2pQ8 Version

4
Applicant Information (if different from owner)
4a
Applicant is
❑ Agent ® Other specify Manager
4b
Name
Daniel Dinsbeer
4c
Business name
(if applicable)
Quality Oil Company LLC
4d
Street address
1540 Silas Creek Parkway
4e
City state zip
Winston Salem NC 27102 2736
4f
Telephone no
366 722 3441
4g
Fax no
366 721 9522
4h
Email address
DDinsbeer @gocnc com
5
Agent/Consultant Information (if applicable)
5a
Name
C Chris Day P E
5b
Business name
(if applicable)
Civil Design Concepts PA
5c
Street address
200 Swannanoa River Road
5d
City state zip
Asheville NC 28805
5e
Telephone no
828 252 5388
5f
Fax no
828 252 5365
5g
Email address
cday @civildesignconcept com
Page 2 of 10
PCN Form — Version 1 3 December 10 2008 Version

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
The site is currently vacant with minimal grading activity to install storm drainage for the future commercial budding The
land use in the area is commercial
3b
List the total estimated acreage of all existing wetlands on the property
0
3c
List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
590
3d
Explain the purpose of the proposed project
The intent of the project is to extend an existing 18 CMP culvert pipe to allow for a future connection to a neighboring
property and allow access across an unnamed tributary
3e
Describe the overall project in detail including the type of equipment to be used
The project will include the extension of an additional 20 linear feet of 18 CMP culvert pipe Equipment used shall
include CMP pipe silt fencing and a mini excavator
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 pasty
El Yes No El Unknown
Comments
4b
If the Corps made the jurisdictional determination what type
El Preliminary El Final
of determination was made
4c
If yes who delineated the jurisdictional areas?
Agency /Consultant Company
Name (if known) NA
Other
4d
If yes list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
NA
5
Project History
5a
Have permits or certifications been requested or obtained for
this project (including all prior phases) in the pasty
® Yes ❑ No El Unknown
5b
If yes explain in detail according to help file instructions
(SAW 2008 1697) Dual 72 culvert pipes to allow access to existing project site COPY ATTACHED
6
Future Project Plans
6a
Is this a phased project?
❑ Yes ® No
6b
If yes explain
NA
Page 3 of 10
PCN Form —Version 1 3 December 10 2008 Version

C Proposed Impacts Inventory
1 Impacts Summary
1a 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 NA
2a
2b
2c
2d
2e
2f
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps 404 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404 other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g Total wetland impacts
2h Comments NA
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
18 CMP culvert
Unnamed tributary
® PER
® Corps
1
20
pipe
❑ 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
20
31 Comments NA
Page 4 of 10
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 NA
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 ❑ PEI T
04 ❑P ❑T
4f Total open water impacts
4g Comments NA
5 Pond or Lake Construction
If pond or lake construction proposed then complete the chart below NA
5a
5b
5c
5d
5e
Pond ID
Proposed use or purpose
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
number
of pond
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f Total
5g Comments NA
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes permit ID no
51 Expected pond surface area (acres)
NA
5j Size of pond watershed (acres)
NA
5k Method of construction
NA
6 Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer then complete the chart below If yes then individually list all buffer impacts
below If any impacts require mitigation then you MUST fill out Section D of this form NA
6a
❑ Neuse ❑ Tar Pamlico ❑ Other
Project is in which protected basin? NA
❑ 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
impact
required
61 ❑P ❑T
El Yes
❑ No
B2 ❑P ❑T
El Yes
❑ No
B3 ❑P ❑T
El Yes
❑ No
6h Total buffer impacts
61 Comments NA
Page 5 of 10
PCN Form — Version 1 3 December 10 2008 Version

D Impact Justification and Mitigation
1 Avoidance and Minimization
la Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
Installation of the culvert pipe to match existing stream slope and a perpendicular crossing of the roadway access will reduce
the impact on the existing stream
lb Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Silt fencing and best management practices will be used to prevent sediment from impacting the stream
12 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?
El Mitigation bank
❑ Payment to in lieu fee program
❑ Permittee Responsible Mitigation
3
Complete if Using a Mitigation Bank
3a
Name of Mitigation Bank NA
3b Credits Purchased (attach receipt and letter)
Type
jantity
3c Comments NA
4
Complete if Making a Payment to In lieu Fee Program NA
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 NA
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
NA
Page 6 of 10
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?
within one of the NC Riparian Buffer Protection Rules
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 NA
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 restoration payment into an approved in lieu fee fund)
NA
6h Comments NA
E Stormwater Management and Diffuse Flow Plan (required by DWQ)
1 Diffuse Flow Plan
la 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
Comments
❑ Yes El No
Page 7 of 10
PCN Form — Version 1 3 December 10 2008 Version

2 Stormwater Management Plan
2a What is the overall percent imperviousness of this project?
41%
2b Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c If this project DOES NOT require a Stormwater Management Plan explain why The project is disturbing less than one
acre and thus doesn t require Stormwater Management
2d If this project DOES require a Stormwater Management Plan then provide a brief narrative description of the plan
NA
❑ Certified Local Government
2e Who will be responsible for the review of the Stormwater Management Plan? NA
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3 Certified Local Government Stormwater Review
3a in which local government s jurisdiction is this project?
City of Asheville
® Phase II
3b Which of the following locally implemented stormwater management programs
❑ NSW
❑ 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? NA
4 DWQ Stormwater Program Review
❑ Coastal counties
4a Which of the following state implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply) NA
❑ 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 NA
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 8 of 10
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
El Yes No
use of public (federal /state) land?
lb 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
letter)
❑ Yes ❑ No
Comments NA
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) NA
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 Ye s 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
NA
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
Future method of sewage disposal is a proposed connection to the public sewer system located on the opposite side of
the property
Page 9 of 10
PCN Form — Version 1 3 December 10 2008 Version

5 Endangered Species and Designated Critical Habitat (Corps Requirement)
5a Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b Have you checked with the USFWS concerning Endangered Species Act
®Yes ❑ No
Impacts?
Raleigh
❑
5c If yes Indicate the USFWS Field Office you have contacted
® Asheville
5d What data sources did you use to determine whether your site would Impact Endangered Species or Designated Critical
Habitat?
USFWS Endangered Species Program Webslte
6 Essential Fish Habitat (Corps Requirement)
Be 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 Fishery management Council
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?
F►ZE50E1ZVP%r1owi -S.0C are- ov%JT
8 Flood Zone Designation (Corps Requirement)
8a Will this project occur in a FEMA- designated 100 year floodplain?
® Yes ❑ No
Bb If yes explain how project meets FEMA requirements The site will be constructed above the base flood elevation
8c What source(s) did you use to make the floodplain determination? NC Floodmaps
(�A1.11tL )INsBi3Erz
r
s/ 6/ZO/Z
Applicant/Agents Printed Name
Date
Applicant/Agents Signature
(Agent's signature is valid only if an authorization letter from the applicant
Is provIded
Page 10 of 10
PCN Form — Version 13 December 10 2008 Version

APPROVED JURISDICTIONAL DETERMINATION FORM
U S Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook
SECTION I BACKGROUND INFORMATION
A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD)
B DISTRICT OFFICE FILE NAME AND NUMBER
C PROJECT LOCATION AND BACKGROUND INFORMATION
State NC County/pansh/borough Buncombe City Asheville
Center coordinates of site (lat/long in degree decimal format) Lat 35 432706 Ri Long 82 479728 ti,V
Universal Transverse Mercator
Name of nearest waterbody Hominy Creek
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows
Name of watershed or Hydrologic Unit Code (HUC) French Broad
Check if map /diagram of review area and /or potential jurisdictional areas is /are available upon request
Check if other sites (e g offs►te mitigation sites disposal sites etc ) are associated with this action and are recorded on a
different JD form
D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY)
Office (Desk) Determination Date
Field Determination Date(s)
SECTION II SUMMARY OF FINDINGS
A RHA SECTION 10 DETERMINATION OF JURISDICTION
There a no navigable waters of the US within Rivers and Harbors Act (RHA) junsdiction (as defined by 33 CFR part 329) in the
review area [Required]
❑ Waters subject to the ebb and flow of the tide
D 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 Fre, waters of the U S within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
Waters of the U S
a Indicate presence of waters of U S in review area (check all that apply) i
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
Identify (estimate) size of waters of the U S in the review area
Non wetland waters 65 linear feet width (ft) and /or acres
Wetlands acres
c Limits (boundaries) of jurisdiction based on Flik List
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
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
TNW
Identify TNW
Summarize rationale supporting determination
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 waterbody° is not an RPW or a wetland directly abutting an RPW a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines for
analytical purposes the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary or its adjacent wetlands or both If the JD covers a tributary with adjacent wetlands complete Section III B 1 for
the tributary Section III B 2 for any onsite wetlands and Section 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 ck List
Drainage area Plck List
Average annual rainfall inches
Average annual snowfall inches
(u) Physical Characteristics
(a) Relationship with TNW
❑ Tributary flows directly into TNW
❑ Tributary flows through ck List tributaries before entering TNW
Project waters are
ck List river miles from TNW
Project waters are
Fick List river miles from RPW
Project waters are
Fick List aerial (straight) miles from TNW
Project waters are
ri ck List aerial (straight) miles from RPW
Project waters cross or serve as state boundaries Explain
Identify flow route to TNWS
Tributary stream order if known
Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and
West
5 Flow route can be described by identifying e g tributary a which flows through the review area to flow into tributary b which then flows into TNW

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

(iv) Biological Characteristics Channel supports (check all that apply)
❑ Riparian corridor Characteristics (type average width)
❑ Wetland fringe Characteristics
❑ Habitat for
❑ Federally Listed species Explain findings
❑ Fish /spawn areas Explain findings
❑ Other environmentally sensitive species Explain findings
❑ Aquatic /wildlife diversity Explain findings
2 Characteristics of wetlands adjacent to non TNW that flow directly or indirectly into TNW
(i) Physical Characteristics
(a) General Wetland Characteristics
Properties
Wetland size acres
Wetland type Explain
Wetland quality Explain
Protect wetlands cross or serve as state boundaries Explain
(b) General Flow Relationship with Non TNW
Flow is ick List Explain
Surface flow is ck List
Characteristics
Subsurface flow Pick List Explain findings
❑ Dye (or other) test performed
(c) Wetland Adiacencv Determination with Non TNW
❑ Directly abutting
❑ Not directly abutting
❑ Discrete wetland hydrologic connection Explain
❑ Ecological connection Explain
❑ Separated by bemi/bam7er Explain
(d) Proximi (Relationship) to TNW
Protect wetlands are KRUDIR river miles from TNW
Protect waters are Pick List aerial (straight) miles from TNW
Flow is from MR11stf
Estimate approximate location of wetland as within the ck List floodplain
(n) 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 Kick l,lst
Approximately ( ) acres in total are being considered in the cumulative analysis

For each wetland specify the following
Directly abuts? (YIN) Size (tin acres) Directly abuts9 (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 floodplam 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 tnbutary 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 tnbutary in combination with its adjacent wetlands (if any) provide habitat and hfecycle 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 nutnents and organic carbon that
support downstream foodwebs?
Does the tnbutary 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 tnbutary in combination with all of its adjacent wetlands then go to
Section III D
D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY)
1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area
TNWs linear feet width (ft) Or acres
Wetlands adjacent to TNWs acres
2 RPWs that flow directly or indirectly into TNWs
❑ Tributaries of TNWs where tributaries typically flow year round are jurisdictional Provide data and rationale indicating that
tnbutary is perennial
❑ Tributaries of TNW where tnbutanes 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 tnbutary flows
seasonally

Provide estimates for jurisdictional waters in the review area (check all that apply)
B 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 junsdictional waters within the review area (check all that apply)
❑
Tributary waters linear feet width (ft)
❑ Other non wetland waters acres
Identify type(s) of waters
4 Wetlands directly abutting an RPW that flow directly or indirectly into TNWs
❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands
❑ Wetlands directly abutting an RPW where tributaries typically flow year round Provide data and rationale
indicating that tributary is perennial in Section III D 2 above Provide rationale indicating that wetland is
directly abutting an RPW
❑ Wetlands directly abutting an RPW where tributaries typically flow seasonally Provide data indicating that tributary is
seasonal in Section III B and rationale in Section iII D 2 above Provide rationale indicating that wetland is directly
abutting an RPW
Provide acreage estimates for jurisdictional wetlands in the review area 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 junsidictional 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
7 Impoundments of jurisdictional waters 9
As a general rule the impoundment of a jurisdictional tributary remains jurisdictional
Demonstrate that impoundment was created from waters of the U S or
Demonstrate that water meets the criteria for one of the categories presented above (1 6) or
Demonstrate that water is isolated with a nexus to commerce (see E below)
E ISOLATED [INTERSTATE OR INTRA STATE] WATERS INCLUDING ISOLATED WETLANDS THE USE
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) 10
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
BSee Footnote # 3
9 To complete the analysis refer to the key in Section III D 6 of the instructional Guidebook
10 Prior to asserting or declining CWA jurisdiction based solely on this category Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps /EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos

Provide estimates for Jurisdictional waters in the review area (check all that apply)
B 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 a 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 a 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 a 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)
B Maps plans plots or plat submitted by or on behalf of the applicant/consultant
Data sheets prepared/submitted by or on behalf of the applicant/consultant
❑ Office concurs with data sheets /delineation report
❑ Office does not concur with data sheets /delineation report
Data sheets prepared by the Corps
Corps navigable waters study
U S Geological Survey Hydrologic Atlas
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps
U S Geological Survey map(s) Cite scale & quad name
USDA Natural Resources Conservation Service Soil Survey Citation
National wetlands inventory map(s) Cite name
State /Local wetland inventory map(s)
FEMA/FIRM maps
100 year Floodplam 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

VICINITY MAP FOR
OUALITY OIL -ENKA
ASHEVILLE NORTH CAROLINA
ca**c
CIVIL DESIGN CONCEPTS, PA
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NCBBBLICEN O: "84

U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID SAW - 2008 -1697 County Buncombe USGS Quad Enka
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authonzed Agent P H Hendersonville No 1. LLC Attn Duncan Ha art
Address 1998 Hendersonville Road. #23
Asheville. NC 28803
i elephone No 828-684 -2929
Size and location of property (water body road name /number town etc ) Approximately -3 ac tract located west of
Asheville approximately 1 mile south of Interstate 40 on north side of US-19 (Smokey Park Highway)
Descnption of projects area and activity Protect will consist of placing dual, side-by-side 72' culverts In a stream and
rip -rap along 40' of stream immediately downstream of the culverts for stabilization Total stream impacts will
not exceed 112' The purpose of the work is to facilitate commercial develovemetn on the site
Applicable Law ® Section 404 (Clean Water Act 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act 33 USC 403)
Anth0r17at10n 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 your submitted plans and the following Special Conditions
The use of rock for inlet and outlet stabilization is limited to the stream banks and not placed
across the stream channel
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 a 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 occurnng within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA)
prior to beginning work you must contact the N C Division of Coastal Management
This Department of the Army verification does not relieve the permnttee of the responsibility to obtain any other required Federal
State or local approvals /permits
if there are any questions rebardinb this verification any of the Londitions of the Permit or the Corps of Lngineers regulatory
program please contact Mr I om Walker at [phone] xt 22
Corps Regulatory Official �---- Date 08/01 /2008
Fxpiration Date of Venhcation 08/01/2010
The Wilmington District is committed to providinb the highest level of support to the public To help us ensure we continue to do so
please complete the Customer Satisfaction Survey located at our website at htip Hrc ug_latory usacesurvey coin/ to coiiiplete the survey
online
Page 1 of 2

Determination of Jurisdiction
❑ Based on prelmunary information, there appear to be waters of the US including wetlands within the above described project area
This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
( Reference 33 CFR Part 33 1)
❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
® There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section
404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published regulahons this
determination may be relied upon for a period not to exceed five years from the date of this notification
❑ The Jurisdictional areas within the above described project area have been identified under a previous action Please reference
junsdictional deterrrunation issued Action ID
Basis of Jurisdictional Determination Waterways exhibit OHWNI and are Relatively Permanent Waters tnbutary to Hominy
Creek which flows into the French Broad River
Appeals Information (This information applies onl3 to approved Jurisdictional determinations )
Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved jurisdictional
determination you can make an administrative appeal under 33 CFR 331 Lnclosed you will find a Notification of Appeal Process
(NAP) fact sheet and request for appeal (RFA) form If you request to appeal this determination you must submit a completed RFA
form to the following address
District Enhmeer Wilmington Rebulatory Division
Attn Tom Walker Chief
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville North Carolina 28801
In order for an RI'A to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for appeal
under 33 CFR part 331 5 and that it has been received by the Distnct Office within 60 days of the date of the NAP Should you
decide to submit an RFA form it must be received at the above address by
* *It is not necessary to submit an RFA form to the District ff if you do not object to the determination in this correspondence **
Corps Regulatory Official n--�
Date 08/01/2008 Expiration Date 08/01/2013
SURVEY PLATS FIELD SKETCH WETI AND DELINEATION FORMS PROJECT PLANS LTC MUS1 BE
ATTACHED 10 1 HL FILE COPY OF THIS FORM IF REQUIRED OR AVAILABLE
Copy Furnished
Neill Yelverion
Wetland and Natural Resource Consultants
PO Boa 882
Canton North Carolina 28716
Page 2 of 2

DEPART THE INT-ER!OR UN STATES
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Page 1 of 3
35° 32' 47"
35'32'42"

Soil Map — Buncombe County, North Carolina
Map Unit Legend
Quality Oil -Enka
Buncombe County, North Carolina (NCO21)
Map Unit Symbol
Map Unit Name
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USDA Natural Resources Web Soil Survey 5/8/2012
Conservation Service National Cooperative Soil Survey Page 3 of 3

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