20061539 Ver 2_401 Application_20120612

o- �53 u a.
CLearWater q
C1earWater Environmental Consultants Inc
www cwenv com
June 2012
Ms Liz Hair
US Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue Room 208
Asheville North Carolina 28801 2638
Mr Ian McMillan
NC Division of Water Quality
1650 Mail Service Center
Raleigh North Carolina 27699
RE Grey Rock Community Association
Grey Rock Residential Development
Rutherford County, North Carolina �(
Corps Action ID 200630067, DWQ Protect # 06 -1529 ll
Ms Hair and Mr McMillan
The attached Individual Permit application is being submitted on behalf of the Grey Rock
Community Association represented my Mr Casey Henderson The association is seeking permit
authorization for impacts associated with development of a residential community known as Grey
Rock in Lake Lure Rutherford County North Carolina
Should you have any questions regarding the attached permit application and supplemental
information please do not hesitate to contact me at 828 698 9800 A copy of this package has
been sent to Mr David McHenry of the NC Wildlife Resources Commission and Mr Bryan
Tompkins of the US Fish and Wildlife Service for review A copy of this application has also
been submitted to the NC Division of Water Quality Asheville Regional Office
Respectfully
� �uN 4 zo�z
PR Rebekah L Newton q MTY Zn/d le P
Project Biologist tSOP Principal
Copy Furnished
NC Division of Water Quality Asheville Regional Office — Tim Fox
NC Wildlife Resources Commission — David McHenry
US Fish and Wildlife Service — Bryan Tompkins
224 South Grove Street Suite F
Hendersonville NC 28792
828 698 9800 Tel
828 698 9003 Fax

DU-IS3C( U2'
Individual Permit Application for
U S Army Corps of Engineers
Section 404 Permit
and
North Carolina 401 Water Quality Certification
June 2012 J L "
Applicant
Grey Rock Community Association
F
Attn Grey Rock Community Association
Casey Henderson
2602 Hendersonville Road
Arden, NC 28704
Prepared by
C1earWater Environmental Consultants, Inc
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
828 - 698 -9800
ICggME DO
JUN E-
P!�N�
_VYATLR UALITY

U S ARMY CORPS OF ENGINEERS
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL NO 07104003
EXPIRES 31 AUGUST 2012
s3 CFR 326)
Public reporting for this collection of infonnabon is estimated to average 11 hours per response intruding the time tar reviewing irL truction eardeng
existing data sources gathering and rrralniwlning the data needed and completing and rev*%vina the collection of Information Send comments M=ding
this burden ea4mate or any other swot of tho collection of Information including su(ggocllons for redue4sg this burden to D partmenl of Defense
Washington Headquarters Executive Services aril Cnmmunic-atians Dmrecloralr Information Management Division and to the Office Of Managameni and
Budget Papenvork Reduction Project (071t}0003y Respondent., should be aware that notwithstanding any other provision of taw no person shall be
subtect to any penally for tailing to comply with a collection of rdormabon if it does not display a currently valid OMB control number Please DO NOT
RETURN your form to elthu of lhoce addresses Completed aPPIkabons must be submitted to the Drsinct Engineer having lurladlctlon over the location of
the proposed activ ly
PRIVACY ACT STATEMENT
Authorities Rwws and Harbors Act Sectlon 10 33 USC 403 Clean Water Act Seudton 404 33 USC 1344 Marine Protection Re -carch and Sanctuaries
Act, Section 103 33 USC 1413 Regulatory Programs of the Corps of Engineer- Rural Rule 33 CFR 320 332 Principal Purpose information provided on
this form will be used in evaluaftrw the application for a permit, Routine Uses This information may be shared with the Department of Justice and other
federal state and local government Wenoes and the public and may be mado available as part of a public notice as required by Federal lave Submission
of requested infom-etfon is voluntary however If Information is not provided the permit appp8cadan cannot be evaluated not can a permit be Frsued One sat
of original drawings or good reproducible copies which show the location and character of the proposed acbviiy must be attached to Imps application (see
sample drawings andlar instructions) and be submitted to the District Engineer having prrtsdicilon over the location of the proposed activity An application
that is not completed in tug will be returned
(ITEMS i THRU 4 TO BE FILLED BY THE CORPS)
1 APPLICATION NO
2 FIELD OFFICE CODE
3 DATE RECEIVED
4 DATE APPLICATION COMPLETE
#TENS BELOW TO BE FILLED BY APPLICANT]
5 APPEFEARTs MIT
8 AUTHORIZED AGENT S NAME AND TITLE (agent is not required)
First Casey Middle Last Henderson
First R Middle Clement Last WddlL
Company Grey Rocl Conunttnity Asaociathon
company Cie3 AI -iler Gtvrronmtninl Cnnsullanu Inc
E-mall Address
E n-] Addrem clLtticrft n LWLnv cant
6 APPLICANT'S ADDRESS
9 AGENTS ADDRESS
Address 2602 Hendersonville Road
Address- 2)4 S Grove Sircui suite r
City Arden State NC Zip 28704 country
City Hindu onvillc State NC Zip 25792 Country
7 APPLICANTS PRONE NO;. WAREA CODE
10 AGENTS PHONE NOs *AREA CODE
a Residence b Business c Fax
a Residence b Business c Fax
828 698 9800
STATEMENT OF AUTHORIZATION
11 I hereby authorize K CleAteh� 12s JAle to act h my behalf as my agent in the processing of this application urnd o furnish upon request
supplemental information in support of this permit pfication
lSQIG R O F PLI TE
/ j ti Q�
NAME, LOCA770M AND DESCRIPTION OF PROJECT OR ACTIVITY 4
12 PROJECT NAME OR TITLE (soo Instructions)
Grey flock q
as &f? QVAL
13 NAME OF WATERBODY IF KNOWN (if applicable)
14 PROJECT STREET ADDRESS (it appbvable) ®" ra
Ros) BraDeb Taylor Creek Bntle) Creel and 1JTs
Address Buffalo Crack )tend
15 LOCATION OF PROJECT
Lailuda N 15%075195 Longrlude WS ')il,J7r
city Loki. Lure State- Nf_ 71p-
16 OTHER LOCATION DEECRIPTIONS IF KNOWN (Bee IllsVuclbnr,)
Slatc lax Pausal lD muJhpI6 Murucwality,
Section Township Range
crvo rvr[rrh -+A40 W%, r tu'ry EDITION OF OCT 2004 15 OBSOLETE P-P- CECM OR
1

24 Is Any Portion of the Work Already Compielel Oyes ONO IF YES DESCRIBE THE COMPLETED WORK
25 Addresses of Adjoining Properly Owners Lessees Etc Whose Property Adjoins the Waterbody 11 m ih � o i red h p �h ppi m t i i ii
a Address Scc aliacltrid
City State Zip
b Address
City State Zip
c Address
City State Zip
d Address
City State Zip
e Address
City State Zip
26 List of Other Certificates or Approvafs /Denials received from other Federal State or Local Agencies for Work Described in This Application
AGENCY TYPE APPROVAL IDENTIFICATION
NUMBER DATE APPLIED DATE APPROVED DATE DENIED
DLR S& LC Ruthe 2012 -013 Apnl 0 2012
Would include but is not restricted to zon ng budding and flood pl n pernuls
27 Applicabon is hereby made for permit or permits to authorize the work described in this application I certify that this information in this application is
complete n7d�accccurratte 1 oher certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applil�.la�v�y �✓�
���/t �lwis�l,,.R�/►• fi t L 1,2 6-1-IL
SIGNATURE OF APPLICANT D E SIGNATURE OF AGENT DATE
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed
18 U S C Section 1001 provides that Whoever to any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies conceals or covers up any Inck scheme or disguises a material fact or makes any false fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or
fraudulent statements or entry shall be fined not more than 510 000 or imprisoned not more than five years or both
trVG 1-UHM 434.5 OCT 2010

Corps Submittal Cover Sheet
Please provide the following info
1 Project Name Grey Rock
2 Name of Property Owner /Applicant Grey Rock Community Association,
Attn Casey Henderson
3 Name of Consultant/Agent C1earWater Environmental Consultants Inc
*Agent authorization needs to be attached
4 Related/previous Action ID numbers(s) 200530067
5 Site Address Buffalo Creek Road (on the east), Rock Creek Road (on the west)
6 Subdivision Name Grey Rock
7 City Black Mountain, Lake Lure
8 County Rutherford
9 Lat 35 507895N Long 82 205478W (Decimal Degrees Please
10 Quadrangle Name Moffitt Hill
11 Waterway Buffalo Creek, Rosy Branch, Taylor Creek
12 Watershed Upper Broad 03050105
13 Requested Action
_ X Individual Permit #
General Permit #
Jurisdictional Determination Request
Pre Application Request
The following information will be completed by the Corps office
AID
Prepare File Folder Assign number in ORM Begin Date
Authorization Section 10 Section 404
Project Description/Nature of Activity/Project Purpose
Site/Waters Name
Keywords

Department of the Army
Wilmington District Corps of Engineers
Attn Ken Jolly Cluef Regulatory Division
PO Box 1890
Wilmington NC 28402 1890
and
NC Division of Water Quality
Attn Ian McMillan
1650 Mail Service Center
Raleigh NC 27699 1650
I the current landowner /managing partner of the property identified below hereby
authorize Clearwater Environmental Consultants Inc (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ
Property Owner of Record _G r`¢ y Rock
Property Owner Address G16 -M�M-Cor
2-002 k-�endfYsonv t �lC Cd h2j -evi, NX., 29-1 -
Phone Number
Property Location
Owner/Managing partner Signature 1 � i/� �,._ . f'�O.a� .7f C"wc/j
Date
224 South Grove Street Suite F
Hendersonville NC 28792
Phone [phone] Fax [phone]
www cwenv com

Adjoining Property Owners
Carolina Mountain Land Conservancy
847 Case Street
Hendersonville, North Carolina 28792
Richard Crenshaw
8208 Woburn Drive
Raleigh, North Carolina 27615
Herbert Crenshaw, Jr
664 Stone Mountain Farm Road
Black Mountain, North Carolina 28711
Rosy Branch Farm Community Assoc
325 Stone Mountain Farm Road
Black Mountain, North Carolina 28711
Earth Haven Association, Inc
5 Concensus Circle
Black Mountain, North Carolina 28711
Curley Elliot
760 Meadow Drive
Camp Hill, Pennsylvania 17011
Grace Elliot
4709 Bat Cave Road
Old Fort, North Carolina 28762
Stephen Cole
1015 Monmouth Avenue
Durham, North Carolina 27701
Joel Fullmer
705 Fernmere Avenue
Ocean, New Jersey 07712
Forty Five Seventy Five
North Lake Investment, Inc
105 South Narcissus, Ste 600
W Palm Beach, Florida 33401
Lemuel Oates
3737 Howard Gap Road
Hendersonville, North Carolina 28792
Andrew Overmyer
21617 6h Avenue E
Bradenton, Florida 34211
James Saba
7 JCS Cove
Bluffton, South Carolina 29910
Gerald Roper
125 Central Avenue
Swannanoa, North Carolina 28778
Ronnie Coates
6620 US 70 W
Old Fort, North Carolina 28762
Lois Murphy
2460 Old Fort Road
Black Mountain, North Carolina 28711
TK Brown
217 E State Street
Black Mountain, North Carolina 28711
Frank Seager
2681 Woodlyn Drive
Bonita Springs, Florida 34134
Carl Elliot
403 Hiwassee Avenue
Black Mountain North Carolina 28711
Three Creeks Common Area
c/o John Nelson
241 Three Creeks Road
Lake Lure, North Carolina 28746

TABLE OF CONTENTS
LIST OF FIGURES
10 INTRODUCTION TO PROJECT
I 1 Protect Location
12 Jurisdictional Waters
2 0 BACKGROUND /PRIOR PROJECT HISTORY
30
40
50
60
70
EXISTING SITE CONDITIONS
3 1 Streams and Wetlands
32 Soils
33 Fish and Wildlife Use of the Project Site
34 Threatened and Endangered Species
35 Cultural Resources
PROJECT PURPOSE
61
62
63
71
80
81
82
83
84
85
86
90
91
92
93
94
95
96
97
98
99
91
91
91 2
91
91
91 5
91 6
91 7
91 8
91 9
92 0
92 1
100
PROPOSED PROJECT DEVELOPMENT
DISCUSSION OF ALTERNATIVES
Avoidance
Minimization
Alternatives Conclusion
CONCEPTUAL MITIGATION PLAN
NC Ecosystem Enhancement Program (EEP)
US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
Factual Determination
Potential Impacts on Physical and Chemical Characteristics of the Aquatic Ecosystem
Potential Impacts to Biological Characteristics of the Ecosystem
Potential Impacts on Special Aquatic Sites
Potential Effects on Human Use Characteristics
Summary
PUBLIC INTEREST CONSIDERATIONS
Conservation
Economics
Aesthetics
General Environmental Concerns
Wetlands
Historic Properties
Fish and Wildlife Values
Flood Hazards
Floodplam Values
0 Land Use
1 Navigation
Shore Erosion and Accretion
3 Recreation
4 Water Supply and Conservation
Water Quality (Stormwater Management)
Energy Needs
Safety
Food and Fiber Production
Mineral Needs
Considerations of Property Ownership
Needs and Welfare of the Public
SECONDARY AND CUMULATIVE EFFECTS
110 SUMMARY
ll
1
1
1
2
3
3
3
3
3
4
5
6
7
8
8
9
10
10
11
11
11
13
14
15
16
17
17
17
18
18
18
18
18
19
19
19
19
20
20
20
20
20
20
20
20
21
21
22
23

LIST OF FIGURES
Figure 1
Site Vicinity Map
Figure 2
USGS Topographic Map
Figure 3
Soils Map
Figure 4
Site Plan
Figure 5
100 Year Floodplam Map
LIST OF APPENDICES
Attachment A Jurisdictional Determination Information
Attachment B EEP Correspondence
11

10 INTRODUCTION TO PROJECT
The applicant Grey Rock Community Association, proposes to develop a low density,
gated, residential community that will be known as Grey Rock The community is master
planned on approximately 1,504 acres north of Lake Lure in Rutherford County, North
Carolina The community will include single family home sites and associated
infrastructure
1 1 Protect Location
The Grey Rock protect site is located north of Lake Lure in Rutherford County,
North Carolina To access the site from Asheville, take 140 East to Exit 73 (Old
Fort) Turn right onto Bat Cave Road and travel approximately 7 miles, then turn
right onto Old Fort Road Turn left onto Cedar Creek Road and travel
approximately 3 7 miles, then turn right onto Buffalo Creek Road Travel 13
miles to the Grey Rock entrance on the right In general, the site is bordered to
the north by Rosy Branch and Taylor Creek to the south by an unnamed tributary
to Buffalo Creek to the east by Buffalo Creek Road, and to the west by
Rutherford/Buncombe County Line A site vicinity map (Figure 1) and USGS
topographic map (Figure 2) are attached for review
12 Jurisdictional Waters
Tributaries on site include Bailey Creek, Taylor Creek, Rosy Branch, and
unnamed tributaries to these waterways Streams within the Grey Rock project
boundary are tributaries to Buffalo Creek and Lake Lure Buffalo Creek (Lake
Lure) is a tributary to the Broad River, which is a navigable in fact water in South
Carolina Tributaries on site are classified by the NC Division of Water Quality
(DWQ) as class C, Tr
There are wetlands located on site The wetlands are small and adjacent or
abutting associated stream channels
The table below summarizes the amounts ofjunsdictional waters on site
On site Tntnlc
Feature
Amount
Unit
Stream
66,400
linear feet
Wetlands
047
acres
Open Water
0
acres
An Existing Site Conditions" section (Section 3 0) has been included in this
application for review and further describes the jurisdictional waters on site

2 0 BACKGROUND /PRIOR PROJECT HISTORY
Land Resources, LLC purchased property to develop as the Grey Rock residential
subdivision in 2004 Initial plans for Grey Rock called for the development to have
approximately 900 home sites, an equestrian center, clubhouse with swimming and tennis
facilities, hiking trails, and a lake club
In 2004, Land Resources, LLC bought two performance bonds totaling $41 million, road
construction and selling home sites began at the site Land Resources, LLC also paved a
1 mile section of road leading from the guard house to the HGTV Dream Home Land
Resources, LLC developed financial hardships that stopped further development at the
site Land Resources, LLC had also started subdivision developments and resort
communities in Georgia, Tennessee, Florida, West Virginia, and others in North
Carolina Property owners in each state as well as bonding companies filed federal
lawsuits against Land Resources, LLC As a result, Land Resources, LLC filed for
bankruptcy in October of 2008 In January 2009, Land Resources, LLC's assets were
sold at a court ordered auction for $15 8 million, which went directly to its largest
creditors However, Grey Rock was exempted from the auction
Shortly after the bankruptcy was adjudicated, Rutherford County asked the bonding
companies for the $41 million to complete Grey Rock's infrastructure But, the holder of
an $18 million bond, AMS Surety, dissolved when its owner was arrested and convicted
by the FBI of selling fraudulent bonds The other bond holder Bond Safeguard (which
held a $28 million performance bond) told the county it would not pay the bond because
Land Resources, LLC did not use or set aside any funds to complete Grey Rock's
infrastructure
In July of 2009, Rutherford County sued Bond Safeguard, alleging the insurer should
either complete the infrastructure or pay to have it done In October of 2011,
negotiations between Rutherford County and Bond Safeguard were complete As a result
of the settlement, Rutherford County received $15 2 million with the stipulation that it be
used solely for roads
The Grey Rock Community Association was granted development rights by the
bankruptcy court
A Nationwide Permit 39 (Action ID 200530067) was issued to Land Resources, LLC on
November 30, 2005 Two stream crossings, totaling 43 linear feet were constructed
under this authorization
ClearWater Environmental Consultants, Inc began working on the project in November
of 2011 The stream and wetland delineation at the site took place between December of
2011 and February of 2012 A site visit was conducted with the Corps on February 23,
2012 and a Notice of Jurisdictional Determination" was issued on April 9 2012
(Attachment A)
2

3 0 EXISTING SITE CONDITIONS
Grey Rock is almost entirely forested Existing infrastructure on site includes one mile
of paved road, two unfinished "spec homes, the HGTV Dream Home, an entrance gate
and guard house off Buffalo Creek Road, a primary gravel access road that runs east/west
across the site, and a network of unimproved forest roads The site is mountainous with
elevations ranging from 1,400 to 3,000 feet above mean sea level (MSL)
31 Streams and Wetlands
Streams on site include Bailey Creek Taylor Creek, Rosy Branch, and their
unnamed tributaries There are approximately 12 5 miles of stream channel
within the project boundary In general, these tributaries flow west to east and
eventually into the Broad River via Buffalo Creek The Broad River is a
navigable in fact water in South Carolina Streams are bordered by mature
riparian forests
There are wetlands located on site The wetlands are small and adjacent to or
abutting associated stream channels
32 Soils
The project site is located within the Mountains physiographic region of North
Carolina and more specifically the Southern Crystalline Ridges and Mountains
Ecoregion Soils in this ecoregion are characterized as well- drained acidic loamy
soils Soil series present on site include Ashe Cleveland Rock outcrop,
Edneyville Chestnut complex, Evard Cowee complex, and Greenlee Tate
complex A soils map and legend have been attached for review (Figure 3)
33 Fish and Wildlife Use of the Protect Site
Wildlife species inhabiting the site include those typically found in the forest
types of the region previously described Although site specific studies and
inventories documenting species utilization of the Grey Rock project area have
not been conducted, general observations of fish and wildlife use were recorded
during the stream and wetland delineation and during on site meetings
34 Threatened and Endangered Species
CEC has conducted a file review of records maintained by the US Fish and
Wildlife Service (FWS) and North Carolina Natural Heritage Program (NHP)
The desktop literature review involved a review of the FWS list of protected
species in Rutherford County and the NHP Element Occurrence Data on which
NHP identifies current and historic occurrences of listed species for a specific
locale The NHP database identifies 13 element occurrences (EO) within a 2 mile
radius of the project site, one EO holds Federal status and is subject to Section 7
consultation This EO is listed below
Common Nam=Scientific
Name
Status
gray myotis
Mons grisescens
Endangered
3

Gray myotis roost in caves and forage mainly over open water Suitable habitat
for the gray myotis was not observed on the project site
It is the opinion of CEC that federally protected species are not likely to be present
within the protect boundary As such, development of the proposed Grey Rock
project site is not likely to cause an adverse impact to any federally threatened or
endangered species or their critical habitat The FWS will be notified via Public
Notice about the project and will be given the opportunity to comment on the
projecCand its potential effects on threatened and endangered species
35 Cultural Resources
A desk review of the National Register of Historic Places records maintained by the
NC State Historic Preservation Office (SHPO) indicates one historic property
within 5 miles of the Grey Rock project area Pme Gables (NPS Reference #
99001445) located approximately 5 miles from Grey Rock It is the opinion of
CEC that activities taking place within the protect boundary will not affect the
mtegnty of the histonc site The SHPO will be notified via Public Notice about the
project and will be given the opportunity to comment on the project and its
potential effects on archaeological and cultural resources
4

4 0 PROJECT PURPOSE
The basic project purpose of the proposed development at Grey Rock is to provide
residential housing More specifically, the overall project purpose of the proposed
development at Grey Rock is to develop a viable, upscale residential, community in
Rutherford County, North Carolina
5

5 0 PROPOSED PROJECT DEVELOPMENT
The proposed project calls for the development of approximately 375 single family lots
and associated infrastructure Grey Rock proposes to complete impacts in two phases
(issued concurrently in one authorization) Phase 1 will include impacts taking place in
2012 (this phase also includes mitigation for previously authorized impacts) and Phase 2
will include impacts to take place in 2013 Stream and wetland impacts for both phases
total 467 linear feet and 0 03 acre of wetland Impacts have been identified on the site
plan, which is enclosed for review (Figure 4)
51 Roads
The project will include the construction of 13 permanent stream impacts and 1
permanent wetland impact associated with road crossings Culverts are existing
in some road crossing locations on site Existing crossings have been used when
possible
Phase 1 will include Impacts 6, 8, 11, and 12 (along with mitigation for Impacts 1
and 9 discussed in Section 7 0) Impacts associated with Phase 1 will occur in
2012 Permanent Phase 1 impacts are identified in the table below
Impact
Existing Culvert
Length
Proposed Stream
Impact
Total New Stream
Impact
6
40
91
51
8
80
96
16
11
0
62
62
12
0
72
72
7
Total
60
201
Phase 2 will include Impacts 2, 3, 4, 5, 7, 10, and 13 Impacts associated with
Phase 2 will occur in 2013 Permanent Phase 2 impacts are identified in the table
below
Im act
Existing Culvert
Length
Proposed Stream
Impact
Total New Stream
Impact
2*
40
48
8
3
20
55
35
4
60
72
12
5
50
88
38
7
40
60
20
10
0
73
73
13
0
80
80
Total
266
*Crossing 42 also includes 0 03 AC of wetland impact

6.0 DISCUSSION OF ALTERNATIVES
This discussion of alternatives is submitted by the applicant to assist the Wilmington
District, Corps in evaluating the application for authonzation to discharge dredged or fill
matenal into waters of the United States, including wetlands, under Section 404 of the
Clean Water Act, 33 U S C § 1344 at Grey Rock in Rutherford County, North Carolina
An analysis of the Section 404(b)(1) Guidelines (Guidelines) requirements for
consideration of alternatives as required by 40 C F R 230 10(a) is set forth below
The Guidelines alternatives requirements provide that no discharge of dredged or fill
material shall be permitted if there is a practicable alternative to the proposed discharge
which would have less adverse impact on the aquatic ecosystem, so long as the
alternative does not have other significant adverse environmental consequences [See
40 C F R 230 10(a) (emphasis added) ] The record must contain `sufficient information
to demonstrate that the proposed discharge complies with the requirements of Section
230 10(a) of the Guidelines The amount of information needed to make such a
determination and the level of scrutiny required by the Guidelines is commensurate with
the seventy of the environmental impact (as determined by the functions of the aquatic
resource and the nature of the proposed activity) and the scope /cost of the protect " [See
Corps/EPA Memorandum to the Field `Appropriate Level of Analysis Required for
Evaluating Compliance with Section 404(b)(1) Guidelines Alternatives Requirements p
2, dated August 23 1994, hereinafter the Memorandum '] As noted in the
Memorandum on pages 3 4, the 404(b)(1) Guidelines only prohibits discharges when a
practicable alternative exists which would have less adverse impact on the aquatic
ecosystem [See Memorandum ] If an alleged alternative is unreasonably expensive to
the applicant, the alternative is not practicable ' [See Guidelines Preamble, "Economic
Factors' 45 Federal Register 85343 (December 24, 1980) ]
Practicable alternatives for the project are those alternatives that are ` available and capable
of being done after taking into consideration costs, existing technology, and logistics in
light of overall project purposes ' [See 40 C F R 230 10(a)(2) ] Clarification is provided
in the Preamble to the Guidelines on how cost is to be considered in the determination of
practicability An alternative site is considered available if it is presently owned by the
applicant or could reasonably be obtained, utilized expanded or managed in order to
fulfill the basic purpose of the proposed activity " 40 C F R § 230 10(a)(2)
The intent is to consider those alternatives, which are reasonable in terms of the overall
scope and cost of the proposed project The term economic [for which the term `costs
was substituted in the final rule] might be construed to include consideration of the
applicants financial standing, or investment or market share, a cumbersome inquiry
which is not necessanly matenal to the objectives of the Guidelines
7

The Environmental Protection Agency (EPA) 404(b)(1) Guidelines state that, `we have
chosen instead to impose an explicit, but rebuttable presumption that alternatives to
discharges in special aquatic sites are less damaging to the aquatic ecosystem, and are
environmentally preferable " Of course, the general requirements that impacts to the
aquatic system not be acceptable also applies This presumption ` contains sufficient
flexibility to reflect circumstances of unusual cases (249 Fed Reg 85339, December
24, 1980) It is clear from these stipulations that a preferable alternative may allow
filling in certain wetland areas and subsequent mitigation and/or management of other
areas
61 Avoidance
The Grey Rock residential development was started in 2004 and lots were sold at
the onset of development Land Resources, LLC the original owner and
developer of Grey Rock, filed for bankruptcy and the development was never
completed Current lot owners cannot build on their lots due to lack of
infrastructure and in some cases lack of access to the residential lots they
purchased Current lot owners at Grey Rock formed the Grey Rock Community
Association The association was given development rights during the
bankruptcy proceedings and would like to develop the site so they can build on
the lots they own After approximately 2 years of legal negotiations, bond money
has been released for the sole purpose of constructing roads at the site
Because the bond money is site specific and because platted and recorded lots
have already been sold, alternative site locations and alternative site plans are not
feasible Additionally, only $15 2 million of bond money was released even
though $41 million was originally purchased for the development This is a
significant decrease in funds and the Grey Rock Community Association is
striving to construct roads in an economical manner which provides access to the
most lots
Master planning and permitting large development projects depends highly upon
having flexibility to implement sound land planning and engineering design
principles which must include available land for development to economically
justify the project and reasonable site access
The applicant has expended significant resources to conduct intensive surveys and
assessments, including land survey, intensive land planning, and stream and
wetland delineation The information gathered from these tasks has been
considered in preparation of the master plan submitted with this application
62 Nhnimization
The site has been planned to avoid streams and wetlands to the maximum extent
practicable Because the site is covered in long linear stream segments, it would
be impossible to avoid all of the streams while continuing to maintain a rational
project design and the flexibility needed to construct a large scale master planned
residential community The property contains an extensive logging road network
8

and these roadways have been used whenever possible Additionally, many
culverts are previously existing at the site Of the 13 culverts proposed at the site,
9 are at the location of an existing stream crossing The use of existing crossings
has reduced impacts by 330 linear feet at the site
Extensive avoidance and minimization has taken place on site through the use of
existing logging roads and culverts The table below summarizes the total
avoidance and minimization that has taken place within the project boundary
Avoidance and NLmmization
63 Alternatives Conclusion
This discussion of avoidance and minimization, together with the documents
submitted by the applicant in support of the 404 Permit, show that the project is in
compliance with the Guidelines As this analysis clearly demonstrates, the Grey
Rock development is designed to avoid and minimize impacts to the site to the
maximum extent practicable while maintaining a rational project design
Amount
Percent
Feature
Avoided and
Unit
Avoided and
Minimized
Minimized
Streams
65,890
linear
992
feet
Wetlands
0 44
acres
93 6
63 Alternatives Conclusion
This discussion of avoidance and minimization, together with the documents
submitted by the applicant in support of the 404 Permit, show that the project is in
compliance with the Guidelines As this analysis clearly demonstrates, the Grey
Rock development is designed to avoid and minimize impacts to the site to the
maximum extent practicable while maintaining a rational project design

7 0 CONCEPTUAL MITIGATION PLAN
Upon completion and implementation of practical avoidance and minimization efforts, a
total 510 linear feet of stream impacts and 0 03 acres of wetland impacts associated with
the development at Grey Rock are unavoidable Unavoidable stream impacts will be
mitigated for at a compensatory mitigation ratio of 2 1 The following conceptual
mitigation plan is provided in support of this permit application
71 NC Ecosystem Enhancement Program (EEP)
The applicant proposes to mitigate for unavoidable stream impacts in two phases
By letter dated May 29, 2012, EEP has indicated they are willing to accept
payment for impacts up to 488 linear feet associated with development at Grey
Rock (Phase 1 and impacts from the previously issued Nationwide permit) The
acceptance letter is enclosed for review (Attachment B) The tables below
summarize the basic mitigation requirements along with the proposed stream
mitigation for Phase 1
Crossing
Total New
Im act
Compensatory
Mitigation Ratio (x 1)
Basic Mitigation
Requirement
1*
38
2
76
6
51
2
102
8
16
2
32
9*
5
2
10
11 62
2
124
12
72
2
144
Total New Impact
244
Total NLtigahon
Required
488
*Crossing 1 and 9 were permitted and built under Action ID 200630067 (but new impacts
were not mitigated for)
Phase 2 will include mitigation for 266 linear feet of stream impacts associated
with Impacts 2 3, 4 5, 7, 10 and 13 Impacts associated with Phase 2 will occur
in 2013 Prior to impacts occurring in Phase 2, the applicant will provide an
updated EEP acceptance letter to the Corps
10

8 0 US ENVIRONMENTAL PROTECTION AGENCY 404(b)(1) GUIDELINES
EPA interim regulations providing guidance for specification of deposit on sites for
dredge and fill material were published on September 17, 1993, in 40 C F R 230 per
Section 404(b) l Sub Parts A through I pertain to dredge and fill permits, and apply to
protect sites similar to this project
Sub Part D presents a summary of compliance criteria for the 404(b)l guidelines This
section references and defines practicable alternatives and indicates that a dredge and fill
permit shall not be issued if practicable alternatives exist Alternatives reviewed, detailed
in Section 6 0, were assessed for compliance with 404(b)1 guidelines
Additional EPA guidance is presented related to general regulatory cntena wildlife
value, and human health guidelines The discharge of dredge and fill material is
considered penntttable under these guidelines if the discharge activity does not
contribute to violation of state water quality standards, does not violate toxic effluent
standards, does not jeopardize the continued existence of species listed as threatened and
endangered pursuant to the federal Endangered Species Act of 1973 and subsequent
amendments, does not cause degradation to any marine sanctuaries, does not contribute
to significant degradation of `waters of the United States, does not adversely affect
human health as it pertains to water supply, does not adversely impact wildlife, the food
chain, and special aquatic sites, does not contribute to the discharge of pollutants that
may affect the food web, does not have negative effects on the productivity of the aquatic
ecosystem, or their physical values, and does not have adverse impacts on recreation,
aesthetic, or economic values Additionally, the applicant is required to minimize
potential adverse impacts on the aquatic ecosystem
81 Factual Determination
The Corps is required to determine both potential short term and long term effects
of a proposed discharge of dredge and fill material on the physical, chemical, and
biological components of an aquatic environment
82 Potential Impacts on Physical and Chemical Characteristics of the Aquatic
Ecosystem
Sub Part C of the 40 C F R 230 guidelines lists six physical and chemical
characteristics that must be assessed during the permit review, and the effects of
which must be determined to be minimal on the aquatic ecosystem
8 2 1 Substrate
Fill material in the form of culverts will be placed in jurisdictional streams
and wetlands on site Any discharge will consist of suitable fill material
and will not include any trash, debris, car bodies, asphalt, etc The fill
material will also be free of toxic pollutants in toxic amounts Proper
sediment and erosion control measures will be installed prior to and during
construction to ensure that the bottom elevation of remaining streams and
wetlands on the property will not change
I1

822 Suspended Particulate/Turbidity (Sediment and Erosion Control)
During construction activities on the site there may be a minimal increase
in suspended particulates that may lead to increased turbidity downstream
However, the increase is anticipated to be minimal and temporary due to
the installation and maintenance of proper sediment and erosion control
measures during construction and shortly thereafter
823 Water Quality
The proposed discharge of dredge and fill material should not cause
increased chemical contamination levels within the aquatic ecosystem
Specifically, changes in clarity, color, odor, and taste of water in addition
to possible chemical contamination shall be minimized or reduced All
discharges of dredge and fill material will be controlled with a sediment
and erosion control plan
It is anticipated that all of the fill material needed at the site will be taken
from on site areas The fill material used on site will be clear and free of
chemical contamination Should additional fill material be required,
suitable off site, clean fill material will be purchased and transported to
the project
The applicant will be concurrently applying for a NC Division of Water
Quality, Water Quality Certification
824 Current Patterns in Water Circulation
The discharged dredge and fill material should not adversely modify
current water circulation patterns by obstructing flow, changing direction
or velocity of water, or changing velocity or flow of circulation Culverts
will be buried to a depth that is equal to 20% of their diameter, culverts
that are larger than 48 inches will be buried to a depth of 12 inches, unless
topographic constraints indicate culvert slopes greater than 5% or bedrock
is present at the culvert location Impacts associated with road crossings
will not inhibit channel flow
8 2 5 Normal Water Fluctuations
The discharge of fill material associated with this project is not anticipated
to have any significant effect on the downstream hydrologic regimes
8 2 6 Salinity
Because this project is located inland and away from tidally influenced
waters and wetlands, no modification to the salinity of on site or adjacent
waters is expected
12

83 Potential Impacts to Biological Characteristics of the Ecosystem
Sub Part D of the 40 C F R 230 guidelines specifies three areas of concern in
which disposal of dredge and fill material can affect the biological components of
the ecosystem These components are threaten and endangered species, fish,
crustaceans, mollusks, other aquatic organisms in the food web, and wildlife
8 3 1 Threatened or Endangered Species
CEC has conducted a file review of records maintained by the US Fish
and Wildlife Service (FWS) and North Carolina Natural Heritage Program
(NHP) The desktop literature review involved a review of the FWS list of
protected species in Rutherford County and the NHP Element Occurrence
Data on which NHP identifies current and historic occurrences of listed
species for a specific locale The NHP database identifies 13 element
occurrences (EO) within a 2 mile radius of the protect site, one EO holds
Federal status and is subject to Section 7 consultation This EO is listed
below
Common Name
Scienti is Name
Status
-gray myotis
M otis grisescens
Endangered
Gray myotis roost in caves and forage mainly over open water Suitable
habitat for the gray myotis was not observed on the project site
It is the opinion of CEC that federally protected species are not likely to be
present within the project boundary As such, development of the proposed
Grey Rock project site is not likely to cause an adverse impact to any
federally threatened or endangered species or their critical habitat The
FWS will be notified via Public Notice about the project and will be given
the opportunity to comment on the project and its potential effects on
threatened and endangered species
832 Fishes, Crustaceans, Mollusks, and other Aquatic Organisms in the
Food Web
Discharges of dredge and fill material can alter the food web by impacting
animals, such as invertebrates that make up the basis of a food chain The
release of contaminants or an increase in turbidity has the potential to
negatively affect certain aspects of the food web Such releases may also
potentially increase the levels of exotic species
Culverts on site will be partially burred in the streambed to allow natural
stream substrate to accumulate in the bottom of the culvert and to allow
uninhibited aquatic life passage
Impacts to primary food chain production within the waters of the US and
wetlands on the project site is expected to be minimal
13

8 3 3 Other Wddhfe
The discharge of dredge and fill material has the potential to negatively
affect breeding and nesting areas, escape cover, travel corridors, and
preferred food sources for resident and migrant wildlife species
The project as proposed will not affect breeding and nesting areas, escape
cover, travel corridors, or food sources for resident and migrant wildlife
species
84 Potential Impacts on Special Aquatic Sates
Sub Part E of the 40 C F R 230 guidelines addresses considerations for potential
impacts on special aquatic sites which include sanctuaries and refuges,
wetlands, mud flats, vegetated shallows, coral reefs and nffle pool complexes
841 Sanctuaries and Refuges
The discharge of dredge and fill material has the potential to negatively
affect adjacent sanctuaries and wildlife refuges by impacting water
quality, decreasing wildlife habitat, increasing human access, and creating
the need for frequent maintenance activity, resulting in the establishment
of undesirable plant and animal species, which can change the balance of
habitat type There are no designated sanctuaries of refuges located within
the project vicinity, therefore, impacts to sanctuaries or refuges will not
occur as a result of development at Grey Rock
842 Wetlands
The discharge of dredge and fill material has the potential to adversely
affect wetlands including wetland substrate, hydrology, and vegetation
Discharges can lead to a loss of wetland values such as wildlife habitat,
flood storage, and groundwater recharge The discharge of fill material
associated with development at Grey Rock will impact 0 03 acre of on site
wetlands
843 Mud Flats
Discharge of dredge and fill material has the potential to negatively affect
mud flats that exist along inland lakes, ponds, and rivenne systems There
are no mud flat communities within the project boundary, therefore, loss
of these ecosystems will not occur as a result of development at Grey
Rock
14

844 Vegetated Shallows
Discharge of dredge and fill material has the potential to negatively affect
vegetated shallows Vegetated shallows are permanently inundated areas
that contain rooted aquatic vegetation This type of habitat generally
exists within estuarine and marine environments, and some freshwater
lakes and rivers No vegetated shallow habitats exist within the project
boundary therefore no impacts to this ecosystem will occur as a result of
development at Grey Rock
845 Coral Reefs
Discharge of dredge and fill material has the potential to negatively affect
coral reefs Coral reefs typically exist within marine ecosystems Coral
reefs do not exist within the project boundary, therefore, no impacts to this
ecosystem will occur as a result of development at Grey Rock
846 Riffle -Pool Complexes
Discharge of dredge and fill material into or upstream of riffle pool
complexes has the potential to negatively affect water quality and wildlife
value Fill in the form of culverts has the potential to be placed into riffle
pool complexes, however culverts will be buried at a depth equal to 20%
of their diameter, which will allow natural bed substrate to cover the
bottom of the culvert Culverts will be buried unless topographic
constraints indicate culvert slopes greater than 5% or bedrock is present at
the culvert location These areas would most likely take on riffle
functions Any permanent impact to riffle pool complexes will be
mitigated for through the proposed EEP restoration activities
85 Potential Effects on Human Use Characteristics
Sub Part F of the 40 C F R 230 guidelines address potential effects on human use
of wetlands and waterways Factors including water supply, recreational and
commercial fisheries, water related recreation, aesthetics, and parks and similar
preserves are considered within this portion of the guidelines
8 51 Municipal and Private Water Supply
The public water supply will not increase or decrease due to proposed
activities within the Grey Rock project boundary Potable water will be
supplied by individual and/or community wells
852 Recreational and Commercial Fisheries
Discharge of dredge and fill material has the potential to negatively affect
recreational and commercial fisheries Streams and wetlands on site are
not a part of any recreational or commercial fishery Activities taking
place within the Grey Rock project boundary will not adversely impact
recreational or commercial fisheries
15

8 5 3 Water - Related Recreation
Proposed activities within the Grey Rock project boundary will not
increase or decrease waterborne recreation in the project boundary or
vicinity
854 Aesthetics
Aesthetically, the residential development proposed at Grey Rock will be
no different from any other residential development in outlying areas The
project is not expected to diminish the aesthetic value of the area or cause
disharmony from an aerial or neighboring view
8 5 5 Parks, National and Historical Monuments, National Beach Shores,
Wilderness Areas, Research Sites, and Similar Preserves
No areas as described above will be effected by the proposed development
at Grey Rock
8 6 Summary
Based on the EPA guidelines identified within 40 C F R 230, and enumerated
herein a number of potential environmental impacts have been presented and
subsequently addressed The proposed permanent impact to 467 linear feet of
streams and 0 03 acre of wetland will not cause any off site adverse impacts
Mitigation offered through payment in to the EEP will compensate for any on site
impacts
16

9 0 PUBLIC INTEREST CONSIDERATIONS
When reviewing this application, the Corps is required to consider the protect in terms of
the public interest In considering the public interest, the Corps must evaluate the
probable impacts of the project and evaluate the benefits which reasonably may be
expected to occur from the proposal against reasonably foreseeable detriments" In
balancing these interests, the Corps must consider the public and private need for the
proposed project, the practicability of using reasonable alternative locations, and the
extent and permanence of the beneficial and/or detrimental impacts of the project The
Corps also considers the following public interest factors
conservation economics, aesthetics, general environmental concerns,
wetlands, historic and cultural resources, fish and wildlife values, flood
hazards, floodplain values, land use, navigation, shore erosion and
accretion, recreation, water supply and water quality, energy needs, safety,
food and fiber production, mineral needs, and considerations of the
property ownership
Pursuant to 33 C F R 323 6 a determination that the project is not contrary to the public
interest must be achieved before permit issuance Public interest considerations are listed
in 33 C F R 320 4 (a)(1) and are discussed below
Furthermore, the Corps regulations state that a permit will be granted unless the district
engineer determines that it would be contrary to the public interest
The applicant has extensively evaluated these factors through the planning process and
believes that the proposed project is clearly not contrary to the public interest
91 Conservation
The applicant is not proposing preservation as a component of the protect,
however, those projects completed by the EEP in association with this
project will be preserved in perpetuity
92 Economics
The project will provide an overall benefit to the local economy of
Rutherford County During and upon completion of construction the site
will provide fob opportunities associated with maintenance of the
residential development The protect will also benefit the local economy
by providing additional tax revenues The appropriate economic
evaluations have been completed and the project as proposed is
economically viable
17

93 Aesthetics
Aesthetically the residential development proposed at Grey Rock will be
no different from any other residential development in outlying areas The
project is not expected to diminish the aesthetic value of the area or cause
disharmony from an aerial or neighboring view
94 General Environmental Concerns
Other than stream and wetland impacts, proposed development activities
within the Grey Rock project boundary will have no sigmficant identifiable
impacts upon other environmental components
95 Wetlands
The discharge of dredge and fill material has the potential to adversely
affect wetlands including wetland substrate, hydrology, and vegetation
Discharges can lead to a loss of wetland values, such as wildlife habitat,
flood storage, and groundwater recharge The discharge of fill material
associated with development at Grey Rock will impact 0 03 acre of on site
wetlands
96 Historic Properties
A desk review of the National Register of Historic Places records
maintained by the NC State Historic Preservation Office (SHPO) indicates
one historic property within 5 miles of the Grey Rock project area Pine
Gables (NPS Reference # 99001445) located approximately 5 miles from
Grey Rock It is the opinion of CEC that activities taking place within the
protect boundary will not affect the integrity of the historic site The SHPO
will be notified via Public Notice about the project and will be given the
opportunity to comment on the project and its potential effects on
archaeological and cultural resources
97 Fish and Wddhfe Values
Riparian and wetland areas provide habitat for many types of wildlife
because of their diverse and productive plant communities, complex
structure, and close proximity to surface water Wildlife may be
permanent residents of riparian and wetland areas or occasional visitor that
use the areas for food, water or temporary shelter
Food availability vanes with the type of vegetation in riparian and wetland
areas, but includes fruit, seed, foliage, twigs, buds, insects, and other
invertebrates Trees and shrub produce a variety of foods that are eaten by
many animals and may be especially important sources of nutrition during
the winter months Grasses and herbaceous vegetation provide seeds and
forage both within riparian and wetland areas and along the forest border
The stream environment provides moving water for many animals to
drink feed swim and reproduce Water is also available on moist
18

vegetation and in wetlands that are often associated with riparian areas
These areas both permanent and temporary, are especially important for
amphibians and macro invertebrates
Riparian and wetland areas provide a sheltered environment for many
species of animals to feed, rest, and reproduce Animals use these areas to
seek shelter from extreme weather and to escape predators and human
activity Riparian and wetland areas may also provide important travel
corridors for some species, and are frequently used as stop over points for
migratory birds
Although impacts to these systems will occur at Grey Rock, adequate
avoidance, minimization and compensatory mitigation will compensate
for lost functions and values
98 Flood Hazards
It is likely that some tributaries on the property will flood occasionally due
to natural fluctuations in weather patterns that increase precipitation The
activities taking place within the Grey Rock project boundary are not
expected to increase or decrease the natural rate of flooding at the site or
downstream
99 Floodnlam Values
Designated floodplams do existing along an unnamed tributary to Taylor
Creek within the project boundary (FEMA Map Panels 0655 and 0645,
effective July 2, 2008) However, designated floodplains will not be
impacted by activities within the Grey Rock project boundary Flood
stages and frequencies should not increase or decrease as a result of the
activities taking place within the Grey Rock project boundary A map
showing the 100 year floodplam boundary is included for review (Figure
5)
9 10 Land Use
The proposed project will be in compliance with local zoning regulations
and ordinances The project is consistent with surrounding land use and
development
911 Navigation
Streams on site are tributaries to Buffalo Creek Buffalo Creek is a
tributary to the Broad River, which is a navigable in fact water in South
Carolina Activities proposed at Grey Rock are not likely to affect
navigation
19

912 Shore Erosion and Accrehon
The project should have minimal effects on erosion and runoff An erosion
control plan will be implemented as part of the construction plan for the
project During the construction process, best management practices
(BMPs) will be followed These BMPs will include the construction of
swales, erosion and sediment control structures, turbidity barriers, and other
measures that will prevent sediment transport off the project site and into
adjacent waters Activities proposed at Grey Rock are not likely to cause
significant erosion or accretion
913 Recreation
Proposed activities will not increase or decrease waterborne recreation on
site or in the project vicinity
9 14 Water Supply and Conservahon
The public water supply will not increase or decrease due to proposed
activities within the Grey Rock project boundary
915 Water Oughty (Stormwater Management)
No short term or long term adverse water quality impacts are anticipated
BMPs will be incorporated during construction
The applicant will be concurrently applying for a NC Division of Water
Quality, Water Quality Certification
916 Energy Needs
Activities taking place within the Grey Rock project boundary, during
construction and at full build out are not expected to significantly increase
energy demands beyond the capacity of the local facility Energy will not
be produced as a result of the proposed activities within the Grey Rock
project boundary
917 Safety
The proposed project will be designed with the maximum possible
considerations for public safety The proposed activities at Grey Rock will
not increase or decrease public safety
9 18 Food and Faber Production
The proposed activities within the Grey Rock project boundary will not
increase or decrease food and fiber production
919 Mineral Needs
The project fulfills no current mineral needs No mining activities are
proposed as part of the development at Grey Rock
20

920 Considerations of Property Ownership
Rutherford County currently owns the property proposed for development
The Grey Rock Community Association has been granted development
rights and has the inherent right to develop the land in a reasonable and
responsible manner, which includes adhering to all Federal, State, and
local regulations
Grey Rock Community Association
Attn Mr Casey Henderson
2602 Hendersonville Road
Arden, North Carolina 28704
9 21 Needs and Welfare of the Pubhc
The project will positively address the needs and welfare of the public by
providing additional tax base and housing in Rutherford County, North
Carolina
21

10 0 SECONDARY AND CUMULATIVE EFFECTS
Grey Rock is located within the Broad River Subbasm 03 08 01 Approximately 92% of
this subbasm is forested and the total land mass includes approximately 183 square miles
(117,120 acres) Grey Rock is comprised of approximately 1,504 acres (2 35 square
miles) All of the land mass for Grey Rock accounts for 12% of the land mass of the
basin These percentages alone, limit significant cumulative effects on the watershed
Most of the land in this portion of the basin is forested (92 %), with some residential,
recreational, and agricultural uses Agricultural activities have not occurred at Grey Rock,
but remain active in other parts of the watershed Residential development and road
building in the vicinity remains active,however, continued and future development of the
watershed is independent of activities proposed at Grey Rock Impacts at Grey Rock
include the installation of road crossings and associated infrastructure Road impacts are
necessary for the development of the site Minimization activities have lessened impacts
associated with road crossings and their effects cumulatively on the watershed will be
minimal No activity at Grey Rock will result in a mayor impairment of the water resources
on site or interfere with the productivity and water quality of the existing aquatic
ecosystem Any goods and services needed by the residence of Grey Rock can be
obtained from the nearby towns of Lake Lure, Black Mountain, and Old Fort This
project will not result in additional development, which would impact nearby
downstream water quality
22

110 SUMMARY
The development of Grey Rock includes construction of 13 permanent stream impacts
and 1 permanent wetland impact associated with road crossings Alternatives have been
discussed and the project as proposed is the least damaging practical alternative which
meets the project purpose Potential impacts to the physical and chemical characteristics
of the ecosystem, biological characteristic of the ecosystem, impacts on special aquatic
sites, and potential effects on human use characteristics will be minimal The project is
not contrary to the public interest and will aid in the continued growth of Rutherford
County
23

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U S ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I D SAW 2005 30067 County Rutherford U S G S Quad NC Moffitt Hill
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner Grey Rock Community Association Casey Henderson
Address 2602 Hendersonville Road
Arden NC 28704
Property description
Size (acres) 1448 acres
Nearest Town Lake Lure
Nearest Waterway Buffalo Creek Rosy Branch Taylor Creek
River Basin Upper Broad
Coordinates 35 507895 N/ 82 205478 W
Hydrologic Unit Code 03050105
Location Description The project site is located on a 1 448 acre tract (a portion of the original 3 917 acres) on an exrsrting
residential development property known as Grey Rock, north of Lake Lure bordered by Buffalo Creek Road to the east and
Rock Creek Road to the west in Rutherford County North Carolina 35 507895 N and 82 205478 W
Indicate Which of the Following Apply
A Preliminary Determination
Based on preliminary information, there may be wetlands and stream channels on the above described property We
strongly suggest you have this property inspected to determine the extent of Department of the Army (DA) junsdretron
To be considered final a jurisdictional determination must be verified by the Corps This preliminary determination is not
an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ) If
you wish you may request an approved JD (which may be appealed) by contacting the Corps district for further
instruction Also you may provide new information for further consideration by the Corps to reevaluate the JD
B Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are wetlands and stream channels on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344) Unless there is a change in the law or our published
regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
We strongly suggest you have the wetlands and stream channels on your property delineated Due to the size of your
property and/or our present workload, the Corps may not be able to accomplish this wetland delineation in a timely
manner For a more timely delineation you may wish to obtain a consultant To be considered final any delineation must
be verified by the Corps
X The wetlands and stream channels on your property have been delineated and the delineation has been verified
by the Corps We strongly suggest you have this delineation surveyed Upon completion this survey should be
reviewed and verified by the Corps Once verified, this survey will provide an accurate depiction of all areas
subject to CWA jurisdiction on your property which provided there is no change in the law or our published
regulations, may be relied upon for a period not to exceed five years
_ The wetlands and stream channels have been delineated and surveyed and are accurately depicted on the plat signed by
the Corps Regulatory Official identified below on _ Unless there is a change in the law or our published regulations
this determination may be relied upon for a period not to exceed five years from the date of this notification

There are no waters of the U S to include wetlands present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344) Unless there is a change in the law or our
published regulations this determination may be relied upon for a period not to exceed five years from the date of this
notification
Action Id SAW 2005 30067
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311) If you have any questions regarding this
determination and/or the Corps regulatory program please contact Liz Hair at 828 271 7980
C Basis For Determination
CHOOSE ONE THEN DELETE OTHERS
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual Eastern Mountain and Piedmont Region These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks The
stream channels on the property are Bailey Creek and unnamed tributaries to Buffalo Creek Rosy Branch Taylor Creek which
flows into the Upper Broad River
D Remarks
E Attention USDA Program Participants
This delmeation/determmation has been conducted to identify the limits of Corps Clean Water Act jurisdiction for the
particular site identified in this request The delmeation/determmation may not be valid for the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants or anticipate participation
in USDA programs you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service prior to starting work
F Appeals Information (This information applies only to approved ,jurisdictional determinations as indicated in
B above)
Attached to this verification is an approved. jurisdictional determination If you are not in agreement with that approved
.jurisdictional determination you can make an administrative appeal under 33 CFR 331 Enclosed you will find a request for
appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following
address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele Review Officer
60 Forsyth Street SW Room 1OM15
Atlanta, Georgia 30303 8801
In order for an RFA to be accepted by the Corps the Corps must determine that it is complete that it meets the criteria for
appeal under 33 CFR part 3315 and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form it must be received at the above address by June 9 2012
* *It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence
Corps Regulatory Official Liz Hair i co,
Issue Date April 9, 2012 Expiration Date April 9, 2017
2

Casey Henderson
Grey Rock Community Association
2602 Hendersonville Rd
Arden NC 28704
Project Grey Rock
ti
I leml
PROGRAM
May 29 2012
Expiration of Acceptance November 29 2012
County Rutherford
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for compensatory mitigation for impacts associated with the above referenced project as indicated in the table below Please
note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation
for project impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be
approved You must also comply with all other state federal or local governmentijermits reeulations or authorizations associated
with the or000sed activity including SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by
S L 2011 343
This acceptance is valid for six months from the date of this letter and is not transferable Uwe have not received a copy of the
wsued 404 Pernnt/401 Cerdfication/CAMA permit within this time frame this acceptance will expire. It is the applicant s
responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net
Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are
summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies
Impact
River
Basin
CU
Location
Stream (feet)
Wetlands (acres)
Buffer I
(Sq Ft )
Buffer H
(Sq Ft )
Cold
Cool
Warm
Riparian Non Riparian
Coastal Marsh
Broad
03050105 1
244
0
0
0 0
0
0
0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in
accordance with the N C Department of Environment and Natural Resources Ecosystem Enhancement Program In lieu Fee
Instrument dated July 28 2010
Thank you for your interest in the NCEEP If you have any questions or need additional information please contact Kelly Williams at
(919) 716 -1921
Sincerely
Ml 1 Ellison
T _ Deputy Director
cc Karen Higgins NCDWQ Wetlands/401 Unit
Liz Hair USACE Asheville
Tim Fox NCDWQ Asheville
Rebekah Newton agent
File
&.storigg Epdvaw"1�5 Pro" aw ftA&
ALT 73-AWA
CCDENR
North Carolina Ecosystem Enhancement Program 1652 Mail Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net