20130574 Ver 1_401 Application_20130513

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20130574
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification (PCN) Form
i
A. Applicant Information
1. Processing --
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit El Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
No
Id. Type(s) of approval sought from the DWQ (check all that apply):
X 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Reliable Tank lines Commercial Retail Development
2b. County:
Ashe
2c. Nearest municipality / town:
West Jefferson
2d. Subdivision name:
NA
2e. NCDOT only, T.I.P. or state
project no:
N/A
3. Owner Information
3a. Name(s) on Recorded Deed:
Reliable Tank Line, LLC
3b. Deed Book and Page No.
437/280
3c. Responsible Party (for LLC if
applicable):
N/A
rul
U
MA� � 0 � n4n U1
3d. Street address:
1540 Silas Creek Parkway
- I
I
3e. City, state, zip:
Winston — Salem, NC 27127
- WATFA UALI
3f. Telephone no.:
336- 722 -3411
3g. Fax no.:
336- 721 -9520
3h. Email address:
ERhymer(&gocnc.com
Page 1 of 10
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
® Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
Derek Goddard
5b. Business name
(if applicable):
Blue Ridge Environmental Consultants, P.A.
5c. Street address:
1305 S. Collegiate Drive
5d. City, state, zip:
Wilkesboro, NC 28697
5e. Telephone no.:
336- 844 -4088
5f. Fax no.:
N/A
5g. Email address:
derek @brec.biz
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
19227 -137
1 b. Site coordinates (in decimal degrees):
Latitude: 36.382801 Longitude: - 81.486827
(DD.DDDDDD) (- DD.DDDDDD)
1 c. Property size:
1.18 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
UT to Beaver Creek
proposed project:
2b. Water Quality Classification of nearest receiving water:
C: TR
2c. River basin:
New
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:
Vacant Commercial Lot, Urban setting
3b. List the total estimated acreage of all existing wetlands on the property:
0 acres
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
135 Perennial
3d. Explain the purpose of the proposed project:
To Establish required parking and commercial driveway access from US 194 (Approved by NCDOT)
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will install 60' of 48' CMP. The Pipe will be installed in the dry and buried 12° The project will utilize a track
loader.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
❑ Yes ® No ❑ Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
❑ Preliminary Final
of determination was made.
4c. If yes, who delineated the jurisdictional areas?
Agency /Consultant Company:
Name (if known): Unknown
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
❑ Yes ® No ❑ Unknown
this project (including all prior phases) in the past?
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
X Wetlands Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary
W1 P T
❑ Yes
Corps
No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P [IT
❑ 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:
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 X P [IT
Culvert
UT to Beaver
Creek
X PER
❑ INT
X Corps
DWQ
3
60
S2 P [IT
PER
❑ INT
Corps
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
60
31. Comments:
f'
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.
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
Tem ora
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑ PC] T
0. Total open water Impacts
4g. Comments:
S. Pond or Lake Construction
If Pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
51. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWO)
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.
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
impact
required?
B1 ❑P ❑T
❑Yes
❑ No
B2 ❑P ❑T
❑Yes
❑ No
B3 ❑P ❑T
❑Yes
❑ No
6h. Total buffer Impacts
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
This impact is the only practical alternative to have a safe access to the site from NC 194. Erosion control will be adhered
to for sensitive watersheds. Crescent lane the existing road is being closed by the NCDOT.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Stringent erosion control standards for sensitive water sheds will be adhered too. Erosion control will be adhered to for
sensitive watersheds. The pipe will be buried 12° to allow for aquatic passage. A pump around will take place in order to
install the pipe in the dry.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
Payment to in -lieu fee program
❑ P 9
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool []cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non - riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
S. Complete If Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10 4
PCN Form —Version 1.3 December 10, 2008 Version !

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑ Yes ® No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
6h. Comments:
Page 7 of 10

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.
❑Yes No
❑
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
51 %
2b. Does this project require a Stormwater Management Plan?
X Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
See Attached Plans- Underground Stormwater System
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
X DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase 11
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?
4. DWO Stormwater Program Review
❑ Coastal counties
❑ HOW
4a. Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 8 of 10
PCN Form —Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWO Requirement)
1 a. Does the project involve an expenditure of public (federal /state/local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ® No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
❑ Yes ® No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Welland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 213 .0200)?
2b. Is this an after - the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWO Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWO 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.
N/A
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?
http: /Avww.ncnhp.org - http:// www .saw.usace.army.mil/WETLAND /esa - http : //www.fws.gov /nc- es /es /es.htmi
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
F[IYes ® No 1
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
http: // ocean. floddamarine .org /efh_coralfimsMewer.htm
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?
http: //www.hpo.ncdcr.gov
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain? -T-
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements: No rise to the flood way will occur.
8c. What source(s) did you use to make the floodplain determination? http: / /www.nafloodmaps.com
Derek Goddard
3/26/13
Applicant/Agent's Printed Name
Ap li t/Agent's Signature
Date
(Agent's signature is valid only If an authorization letter from the applicant
Is provided.)
Page 10 of 10

AGENT AUTHORIZATION FORM
Property Legal Description
PIN: 19227 -137
Street Address: Crescent Lane — West Jefferson, NC
Property Owner: Reliable Tank Line, LLC
The undersigned, registered property owners of the above noted property, do hereby authorize
Derek Goddard , of BREC, PA
(Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance
of this permit or certification and all standard and special conditions attached.
Property Owner's Address (If different than property above):
PO Box 2736
Winston Salem, NC 27102
We hereby certify the above information submitted in this application is true and accurate to
the best of our knowledge.
��
Authorized Signature
Date:

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2013 -00652 County: Ashe USGS Quad: NC- Jefferson
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Reliable Tank Line, LLC / Ernie Rhymer
Address: 1540 Silas Creek Parkway
Winston - Salem, North Carolina 27127
Telephone No.: 336 -722 -3411
Size and location of property (water body, road name/number, town, etc.): The proiect is located on
Cresent Drive, PIN 19227 -137, West Jefferson, Ashe County, North Carolina. (36.382801 N,
- 81.486827 W)
Description of projects area and activity: The Permittee is authorized to impact 60 linear feet of an
unnamed tributary to Beaver Creek. Impacts are associated with the installation of a culvert for
commercial development. The'site is being developed for Reliable Tank Lines. This supersedes the
original verification issued on December 3, 2010, action ID 2010-01808. If plans change and /or the
type of commercial development for this parcel changes, this permit may no longer be valid. Anv
proposed changes should be coordinated with our office.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide permit Number: 39
Summary of Authorized Imoacts and Reauired Mitigation
Impact ID #
NWP /
GP #
Open Water ac
Wetland ac
Stream
Temporary
Permanent
Temporary
Permanent
Temporary
Permanent
Culvert
39
60
Impact Totals
Total Loss of Waters of the U.S. ac
Total Loss of Waters of the U.S.
60
Required Wetland
Mitigation (ac)
Required Stream Mitigation (If)
Additional Remarks and/or Special Permit Conditions: All comments /conditions of the attached North
Carolina Wildlife Resources Commission letter dated April 10, 2013 are hereby incorporated as
special conditions of this permit.
Culverts greater than 48 inches in diameter will be buried at least one foot below the bed of the
stream. Culverts 48 inches or less shall be buried at an appropriate depth to maintain aquatic
passage as defined in Final Regional Condition 3.6 attached to this NWP.
The permittee will plant a riparian buffer 25 -feet in width on each side of the remaining channel.
All plantings should be completed within 30 days of the permitted impacts occurring unless
otherwise coordinated with our office.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions and your plans submitted on March 29, 2013. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a restoration order and/or
appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. You may also visit their website at: hW:1Jportal. ncdenr .ora /web /wg /swp /ws /webscape
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Tasha McCormick at 828 - 271 -7980.
Corps Regulatory Official Tasha McCormick Date: May 14, 2013
Expiration Date of Verification: March 18.2017
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
bft://per2.mM.usace.army.mil/survey.html to complete the survey online.

Determination of Jurisdiction:
A. ❑ Based on preliminary 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 331).
B. ❑ 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.
C. ® 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 regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination:
There are stream channels located on the property that exhibit indicators of ordinary high water marks. The stream
channel on the property is an unnamed tributary to Beaver Creek into the New River. The New River is located in
the Kanawha Watershed and ultimately drains to the Gulf of Mexico. Specifically, the New River is formed by the
joining of the North Fork and South Fork of the New River. The New River drains to the Gauley River and then to
the Kanawha River. The Kanawha River drains to the Ohio River then to Mississippi River before entering the Gulf
of Mexico. This jurisdictional determination is valid for the impact areas only.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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 IOM15
Atlanta, Georgia 30303 -8801
Phone: [phone]
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 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
* *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:
Issue Dale: May 14, 2013
Expiration Date: Five years from Issue Date
Copy Furnished: Derek Goddard, Blue Ridge Environmental Consultants, P.A. 1305 S. Collegiate Drive,
Wilkesboro, NC 28697

Permit Number: 2013 -00652
Permit Type: NW39
Name of County: Ashe
Name of Permittee: Reliable Tank Line, LLC / Ernie Rhymer
Date of Issuance: May 14, 2013
Project Manager: Tasha McCormick
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW RG -A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
Date
_R

N
Applicant: Reliable Tank Line, LLC Ernie Rh rmer File Number: 201- 3-00652
Date: May 14, 2013
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission)
A
PROFFERED PERMIT (Standard Permit or Letter of permission)
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
ID) pg? 01 g�
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sip the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section H of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the permit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary ID is not appealable. If you wish, you may request an
approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
provide new information for further consideration by the Corps to reevaluate the JD.

PON =-.-
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an
initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION- The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
you ma rovide additional information to clarify the location of information that is ahead X in the administrative record.
If you have questions regarding this decision and/or the appeal
If you only have questions regarding the appeal process you may
process you may contact:
also contact:
Tasha McCormick, Project Manager
Mr. Jason Steele, Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD-PDO
151 Patton Ave
U.S. Army Corps of Engineers, South Atlantic Division
RM 208
60 Forsyth Street Room 10M15
Asheville, NC 28901
Atlanta, Georgia 30303-8801
828-271-7980
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to p artici pate in all site investigations.
Date:
Telephone number:
Signature of aTpellant or agent.
I
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Tasba McCormick, 69 Darlington Avenue,
Wilmington, North Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-
8801. Phone: [phone]

® North. Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
April 10, 2013
Mrs. Tasha McCormick
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
SUBJECT: Nationwide Permit for Reliable Tank Line, LLC
Culvert, UT Beaver Creek, Ashe County
Dear Mrs. McCormick:
Mr. E. Rymer with Reliable Tank Line, LLC requested a permit to put 60 feet of culvert in a tributary to
Beaver Creek in Ashe County. Comments from the WRC on this application are offered for your
consideration under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and
Wildlife Coordination Act (48 Stab 401, as amended; 16 U .C. 661- 667d).
The stream at the site is probably ue to the extensive development and uncontrolled
stormwater in the or this reason, we suspect that it does not support trout as do some better
quality Crib ies to Beaver Creek to the west. Although the stream itself does not support trout, Beaver
Creek su orts wild brown trout. This project will require a considerable amount of stream disturbance
and lik y cause downstream siltation. Therefore, the culvert work should not occur from October 15 to
April 5 to avoid impacts on brown trout spawning.
We hav6 no other major concerns with this project provided it complies with the Regional Conditions and
effective sedkment and erosion controls are used during construction to minimize downstream siltation.
Thank you for the opportunity to review and comment on this regulatory action. Please contact me at
(828) 452 -0422 extension 24 if you have any questions about these comments.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721
• Telephone: [phone] - Fax: [phone]

, . .
Reliable Tanktine, LLC Page 2 April 10, 2013
Ashe
Sincerely,
Dave McHenry, Mountain Region Coordinator, Habitat Conservation Program
ec: Mr. Derek Goddard, Blue Ridge Environmental Consultants
Mr. Kevin Hining and Mr. Kin Hodges, NCWRC

36'2a 0"
36° 22' 55"
Soil Map —Ashe County, North Carolina
Map Scale: 1:1,060 if printed on A size (8.5"x 11 ") sheet m
m �
N N Meters N
0 10 20 40 60 ;o
Feet
0 50 100 200 300
USDA Natural Resources
MW Conservation Service
Web Soil Survey
National Cooperative Soil Survey
3/7/2013
Page 1 of 3
36° 23'0"
36° 22'55"

MAP LEGEND
Area of Interest (AOI)
0
Area of Interest (AOI)
Soils
Soil Map Units
Special
Point Features
�•�
Blowout
®
Borrow Pit
X
Clay Spot
Closed Depression
}{
Gravel Pit
Gravelly Spot
Landfill
>t
Lava Flow
4L&
Marsh or swamp
R
Mine or Quarry
©
Miscellaneous Water
©
Perennial Water
V
Rock Outcrop
+
Saline Spot
Sandy Spot
Severely Eroded Spot
Q
Sinkhole
y
Slide or Slip
Fd
Sodic Spot
Spoil Area
(�
Stony Spot
Soil Map —Ashe County, North Carolina
Very Stony Spot
Wet Spot
i Other
Special Line Features
Gully
Short Steep Slope
Other
Political Features
0 Cities
Water Features
Streams and Canals
Transportation
4-F+ Rails
Interstate Highways
US Routes
Major Roads
^, Local Roads
MAP INFORMATION
Map Scale: 1:1,060 if printed on A size (8.5" x 11 ") sheet.
The soil surveys that comprise your AOI were mapped at 1:24,000
Warning: Soil Map may not be valid at this scale.
Enlargement of maps beyond the scale of mapping can cause
misunderstanding of the detail of mapping and accuracy of soil line
placement. The maps do not show the small areas of contrasting
soils that could have been shown at a more detailed scale.
Please rely on the bar scale on each map sheet for accurate map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL: http : / /websoilsurvey.nres.usda.gov
Coordinate System: UTM Zone 17N NAD83
This product is generated from the USDA -NRCS certified data as of
the version date(s) listed below.
Soil Survey Area: Ashe County, North Carolina
Survey Area Data: Version 10, Jun 15, 2012
Date(s) aerial images were photographed: 7/18/2006
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
USDA Natural Resources Web Soil Survey 3/7/2013
'� Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map Ashe County, North Carolina
Map Unit Legend
Ashe County, North Carolina (NC009)
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
BuC
Braddock -Urban land complex, 2 to 15
percent slopes
3.6
91.4%
CfE
Clifton loam, 15 to 25 percent slopes
0.3
8.6%
Totals for Area of Interest
3.9
100.0%
Natural Resources Web Soil Survey 3/7/2013
Conservation Service National Cooperative Soil Survey Page 3 of 3

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81 °30' 156 '57
Produced by the United States Geological Survey
Topography compiled 1964_ Planimetry derived from imagery
taken 1998 and other sources. Survey control current as
of 1968
North American Datum of 1983 (NAD 83). Projection and
1 000 -meter grid: Universal Transverse Mercator, zone 17
2 500 -meter ticks: North Carolina Coordinate System of 1983
North American Datum of 1927 (NAD 27) is shown by dashed
comer ticks. The values of the shift between NAD 83 and
7
NAD 27 for .5- minute intersections are obtainable from
National Geodetic Survey NADCON software
There - ay be private inholdings within the boundaries of the
National or State reservations shown on this map
Landmark buildings verified 1968
SCALE 1:24 000
D IOLOMETERS 1 _ 7
MN' 1000 0 METERS 1000 1000
. GN�Q 11.5 0 I
MILES
s SS'
0-16, 1000 0 1000 2000 300 4000 5000 6000 7000 8700 ®00 10000
8 MILS
5 MILS FEET
CONTOUR INTERVAL 40 FEET
NATIONAL GEODETIC VERTICAL DATUM OF 1929
UTM GRID AND 1999 MAGNETIC NORTH TO CONVERT FROM FEET TO METERS. MULTIPLY BY 0.3048
DECLINATION AT CENTER OF SHEET
THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS
~� TOTMI 1COVERF0 FIRER FOR SALE BY U.S. GEOLOGICAL SURVEY, P.O. BOX 25286, DENVER, COLORADO 80225
A FOLDER DESCRIBING TOPOGRAPHIC MAPS AND SYMBOLS IS AVAILABLE ON REQUEST
NC ,9
QUADRANGLE LOCATION
1 Perk
1 2 3 4 Grmry Creek
J Mou,h of wits..
4 W°rremvll1.
4 5 5 L.—]Spring.
6 Todd
7 Glendale Spings
6 7 8 a Horse Gap
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ROAD CLASSIFICATION
Primary highway Light -duty road, hard or
hard surface ........ improved surface ......
Secondary highway
hard surface........ Unimproved rr,ad ......
Interstate Route U.S. Route
JEFFERSON, NC
1998
NIMA 4756 IV NW- SERIES V842
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