20110437 Ver 2_401 Application_20130613

CLearWaLer �431Ua
C1earWater Environmental Consultants, Inc.
June 3, 2013 www.cwenv.com
Ms. Tasha McCormick
US Army Corps of Engineers
Asheville Regulatory Field Office ,
151 Patton Avenue, Room 208 ,
Asheville, North Carolina 28801 -2638 :
Ms. Karen Higgins
NC Division of Water Quality
1650 Mail Service Center D
Raleigh, North Carolina 27699
RE: Enka Center ( +/ -192 AC) JUN 4 2C-13
Buncombe County, North Carolina
Action ID 2011 - 00486; DWQ Project # 11 -0437 w2 _ e►-A ue1 ►4._
Ms. McCormick and Ms. Higgins,
The attached Pre- Construction Notification (PCN) is being submitted on behalf of Mr. Martin
Lewis of Enka Partners of Asheville, LLC and Fletcher Partners, Inc. The project site is located
off Sandhill Road in Enka, Buncombe County, North Carolina. Enka Partners is seeking a
Nationwide Permit 12/14 and General Water Quality Certification (WQC) 3884/3886 for the
redevelopment of the old BasF facility. Nationwide Permit 12/14 and WQC 3819/3820 were
issued for this project on May 5, 2011 and June 2, 2011, respectively. These permits expired on
March 18, 2012. There have been no changes to the project.
Should you have any questions regarding the attached PCN and supplemental information please
do not hesitate to contact me at 828 -698 -9800. A copy of this package has been sent to Mr.
David McHenry of the NC Wildlife Resources Commission for review. A copy of this
application has also been submitted to Mr. Tim Fox of the NC Division of Water Quality,
Asheville Regional Office.
Respectfully,
Rebekah L. Newton
Project Biologist
Copy Furnished:
NC Division of Water Quality, Asheville — Tim Fox
NC Wildlife Resources Commission — Dave McHenry
224 South Grove Street, Suite F
Hendersonville, NC 28792
828 - 698 -9800 Tel
828 - 698 -9003 Fax
R. Cl &e 'ddle, aP.W.S
Principal

Corps Submittal Cover Sheet
Please provide the following info:
1. Project Name: Enka Center
2. Name of Property Owner /Applicant: Enka Partners of Asheville, LLC and Fletcher
Partners, Inc.; Mr. Martin Lewis
3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc.
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): 2011 -00486
5. Site Address: 1451 Sandhill Road
6. Subdivision Name: N/A
7. City: Enka
8. County: Buncombe
9. Lat: 35.542647N Long: 82.650630W (Decimal Degrees Please
10. Quadrangle Name: Enka
11. Waterway: Hominy Creek and UTs; Moore Creek
12. Watershed: Upper French Broad 06010105
13. Requested Action:
X Nationwide Permit # 12/14
_ 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, Chief 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 C1earWater 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: Enka Partners of Asheville, LLC
Property Owner Address: 1091 Hendersonville Road
Asheville, NC 28803
Phone Number: ( 828) 274 -2479
Property Location: Smokey Park Hwy.
Owner/Managing partner Signature:
Date:
February 24, 2011
224 South Grove Street, Suite F
Henderswmville, NC 28792
Phone: [phone]W Fax: [phone]
www.cwenv.com

\,ot WA TF9OG
=� r
O 'C
Office use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre - Construction Notification PC Form
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: 12/14 or General Permit (GP) number: 3884/3886
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1e. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ 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 1h
below.
❑ Yes
® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Enka Center
2b. County:
Buncombe
2c. Nearest municipality / town:
Enka
2d. Subdivision name:
n/a
2e. NCDOT only, T.I.P. or state
project no:
n/a
no rp,
w
3. Owner Information
3a. Name(s) on Recorded Deed:
Enka Partners of Asheville, LLC and Fletcher Partners,
ic. J U N
- 4 2013
3b. Deed Book and Page No.
4590/0156, 4590/0161, 2664/0620
W de
arse &anch
3c. Responsible Party (for LLC if
applicable):
Mr. Martin Lewis
3d. Street address:
1091 Hendersonville Road
3e. City, state, zip:
Asheville, North Carolina 28803
3f. Telephone no.:
828 - 274 -2479
3g. Fax no.:
n/a
3h. Email address:
martin @lewisrealestatenc.com
Page 1 of 12
PCN Form — Version 1.3 December 10, 2008 Version

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ® Other, specify: Owner
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:
Mr. R. Clement Riddle
5b. Business name
(if applicable):
ClearWater Environmental Consultants, Inc.
5c. Street address:
224 South Grove Street, Suite F
5d. City, state, zip:
Hendersonville, North Carolina 28792
5e. Telephone no.:
828 -698 -9800
5f. Fax no...
828 -698 -9003
5g. Email address:
rebekah @cwenv.com
Page 2 of 12
PCN Form — Version 1.3 December 10, 2008 Version

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
9617322081, 9617430440, 9617524184, 9617529908,
9617536939, 9617447442, 9617527224, and
9617739269
1 b. Site coordinates (in decimal degrees):
Latitude: 35.542647 Longitude: - 82.650630
(DD.DDDDDD) (- DD.DDDDDD)
1c. Property size:
192 acres
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Hominy Creek and UTs, Moore Creek
2b. Water Quality Classification of nearest receiving water:
C
2c. River basin:
Upper French Broad 06010105
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The project site is located at the site of the former BasF facility. The facility has been demolished. Parts of the facility
that remain on site include a clock tower, stormwater facilities, old tailings a landfill,
ponds, and various other
infrastructure (train trestle, fencing, concrete foundations, etc.). General land use in the vicinity includes industrial,
residential, and recreational properties.
3b. List the total estimated acreage of all existing wetlands on the property:
Approximately 0.99 acre.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
Approximately 6,525 linear feet.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to redevelop a previously developed site into multi-use complex which will include
commercial and office space, as well as, residential housing and associated infrastructure.
3e. Describe the overall project in detail, including the type of equipment to be used:
The proposed project includes temporary impacts associated with bridging Hominy Creek, a culverted crossing on an
unnamed tributary, and one temporary utility crossing. Typical construction and earth- moving equipment will be utilized
on site.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ® Final
4c. if yes, who delineated the jurisdictional areas?
Agency /Consultant Company: ClearWater Environmental
Name (if known): Clearwater Environmental
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
March 14, 2016. A copy of the JD has been attached.
Page 3 of 12
PCN Form — Version 1.3 December 10, 2008 Version

S. 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.
Nationwide Permit 12/14 (Action ID 2011 -00486) and WQC 3819/3820 (DWQ Project # 11 -0437) were issued for this project
on May 5, 2011 and June 2, 2011, respectively. These permits expired on March 18, 2012. A copy of the authorizations has
been attached.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 4 of 12
PCN Form — Version 1.3 December 10, 2008 Version

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W2 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W3 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W4 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W5 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
W6 ❑ P ❑ T
❑ Yes
❑ Corps
❑ No
❑ DWQ
2g. Total wetland impacts
2h. Comments:
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 -
Permanent (P) or
(PER) or
intermittent
(Corps - 404, 10
DWQ — non -404,
stream
width
length
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ❑ P ®T
Impact #1 — Utility
Crossing
Hominy
y Creek
PER
❑ INT
® Corps
® DWO
30
20
S2 ❑ P ® T
Impact #2 —
Bridge
Hominy Creek
® PER
® Corps
30
100
Construction
❑ INT
® DWQ
S3 ® P ❑ T
Impact #3 - Box
UT
® PER
® Corps
25
149
Culvert
❑ INT
® DWQ
S4 ❑ P ®T
Impact #4 —
Headwall
UT
® PER
® Corps
25
10
Construction
❑ INT
® DWQ
S5 ❑ POT
Impact #5 —
Headwall
UT
® PER
® Corps
25
10
Construction
❑ INT
® DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h. Total stream and tributary impacts
289 LF
3i. Comments: 149 LF of permanent impacts and 140 LF of temporary impacts. Temporary impacts are associated
with
installation of footers for the bridge, utility crossing, and culvert headwalls. Original contours will be restored at the
location of
Page 5 of 12
PCN Form — Version 1.3 December 10, 2008 Version

these impacts.
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.
Open water
impact number —
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody type
4e.
Area of impact (acres)
01 ❑P ❑T
02 ❑P ❑T
03 ❑P ❑T
04 ❑P ❑T
4E Total open water impacts
4g. Comments:
5. Pond or (Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID
number
5b.
Proposed use or purpose
of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
R Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
Page 6 of 12
PCN Form — Version 1.3 December 10, 2008 Version

6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑ Tar - Pamlico ❑ Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet )
(square feet)
Temporary T
impact
required?
131 ❑P ❑T
El Yes
❑ No
B2 ❑ P ❑ T
❑ Yes
❑ No
B3 ❑P ❑T
El
[] ❑ No
6h. Total buffer impacts
61. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The project has been designed to avoid impacts by utilizing a bridge across Hominy Creek. The project has minimized
impacts by using headwalls on both sides of the proposed culvert. The project is a redevelopment of a previously developed
industrial site (former BasF facility).
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Impacts for the utility crossing will be temporary and the stream will be returned to pre - existing conditions. Construction will be
completed from high ground.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
❑ Yes ® No
impacts to Waters of the U.S. or Waters of the State?
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
❑ Mitigation bank
2c. If yes, which mitigation option will be used for this
project?
❑ Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
Page 7 of 12
PCN Form — Version 1.3 December 10, 2008 Version

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
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
❑cold
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires I El Yes El No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c. 6d. 6e.
Zone Reason for impact Total impact Multiplier Required mitigation
(square feet) (square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 12
PCN Form — Version 1.3 December 10, 2008 Version

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. 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 El No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
-41%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
The applicant is required to comply with NPDES Phase II regulations administered by the City of Asheville. The local program
satisfies the Phase II stormwater requirements. Upon completion, the stormwater management plan and /or approval from the
City of Asheville can be submitted to the DWQ if requested.
® Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
City of Asheville
® Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
❑ HOW
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ❑ No
S. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 12
PCN Form - Version 1.3 December 10, 2008 Version

F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Welland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWO Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes° to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is the development of a previously developed site and is in a highly developed corridor of
Buncombe County. The project will not result in additional impact that could impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater generated at the site will be treated at the local municipal wastewater facility.
Page 10 of 12
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?
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Raleigh
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS county data and Natural Heritage Program Virtual Workroom.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or 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?
National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available
on SHPO's HPOWEB GIS Service. There is two listed property within 2 miles of the project site: Asheville School (NPS
Reference # 96000614) is located approximately 2 miles from the project site. Development at the Enka Center is not likely
threaten the integrity of this site.
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA - designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: The majority of development at the site (i.e. buildings, parking
areas, etc.) will not occur within the floodplain. However, the bridge, culvert, and utility crossing will be constructed in the
floodplain. The applicant is required to comply with City of Asheville ordinances regarding floodplain development. The
applicant is working with project engineers and the City of Asheville to obtain a "no -rise" certificate for the site.
8c. What source(s) did you use to make the floodplain determination? North Carolina Floodplain Mapping Information System,
Panel 9617 (effective Jan. 6, 2010).
R. Clement Riddle
3--1
Applicant/Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page 1 l of 12
PCN Form - Version 1.3 December 10, 2008 Version

Enka Center ( +/- 192 AM

Enka Center ( +/- 192 AM

1 -40
ROBINSON
COVE ROAD
(S.R. 1221)
No
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(NC 112)
LAKE DRIVE
(S.R. 3437) Preliminary
Not for Construction
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS ENKA CENTER STREAM IMPACTS
NC License No: C -0556 CITY OF ASHEVILLE FIGURE 3.0
I%,- - W---A One Town Square Blvd.
Suite 320 BUNCOMBE COUNTY
Asheville, NC 28803 NORTH CAROLINA
(828) 687 -7177 Fax [phone] SCALE: I"= 1,000'
www.wgla.com

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SUMMARY
rPOP05Rn MPMAKeNT 5MAM IMPACT5 ( 149 I.F)
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0
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I
I
ENKA CENTER L)
PROPERTY BOUNDARY M
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PN lNC �S lQOe�`cl
v PRE
Preliminary
Not for Construction
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS ENKA CENTER STREAM IMPACTS
NC License No: C -0556 CITY OF ASHEVILLE FIGURE 3.1
One Town Square Blvd.
Suite 320 BUNCOMBE COUNTY
Asheville, NC 28803 NORTH CAROLINA
(828) 687 -7177 Fax [phone] SCALE: I 600'
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ENKA CENTER
PROPERTY BOUNDARY
0�
LEGEND
STREAM
PROPOSED PERMANENT
STREAM IMPACT
PROPOSED TEMPORARY
STREAM IMPACT
® IMPACT NUMBER
EXISTING 5' CONTOUR
PROPOSED 5' CONTOUR
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS
NC License No: C -0556
NOW,W One Town Square Blvd.
Suite 320
Asheville, NC 28803
(828) 687 -7177 Fax [phone]
www.wgla.com
REST. V
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Preliminary
Not for Construction
ENKA CENTER
STREAM IMPACTS
CITY OF ASHEVILLE
FIGURE 3.2
BUNCOMBE COUNTY
NORTH CAROLINA
SCALE: I"= 100'

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ENK C� ENTER
P PERTY BOUNDARY t
PROPOSED 100 LF BRIDGE CONSTRUCTION
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WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS ENKA CENTER STREAM IMPACTS
NC License No: C -0556 CITY OF ASHEVILLE FIGURE 3.3
One Town Square Blvd.
Suite 320 BUNCOMBE COUNTY
Asheville, NC 28803 NORTH CAROLINA
(828) 687 -7177 Fax [phone] SCALE: I"= 100'
�� www.wgia.com

BED, OR AS DIRECTED
BY ENGINEER.
Preliminary
Not for Construction
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS ENKA CENTER ELEVATED CROSSING
NC License No: C -0556 CITY OF ASHEVILLE FIGURE 3.4
One Town Square Blvd.
Suite 320 BUNCOMBE COUNTY
Asheville, NC 28803 NORTH CAROLINA
(828) 687 -7177 Fax [phone] NOT TO SCALE
�! www.wgla.com

NOTE: ALL STREAMBANK RESTORATION AND
STABILIZATION SHALL RESULT IN A FINISH
GRADE TO ORIGINAL CONTOURS, UNLESS
SPECIFIED OR DIRECTED OTHERWISE
BY THE ENGINEER IN WRITING
PLACE CLASS I RIP -RAP TO
VERTICAL DISTANCE ABOVE
STREAMBED AS SPECIFIED ON
THE DRAWINGS -\
INSTALL ANCHORS IN
ACCORDANCE WITH
MANUFACTURERS
RECOMMENDATIONS
PLACE EXCELSIOR
ABOVE RIP -RAP
EXTEND TWO FEET
BEYOND TOP OF BANK
TOE IN 12 INCHES
''`
OVERLAP as
LTER FABRIC
MINIMUM
EXIST. GRADE
Preliminary
Not for Construction
WILLIAM G. LAPSLEY & ASSOCIATES, P.A
CONSULTING ENGINEERS & LAND PLANNERS ENKA CENTER STREAMBANK RESTORATION
NC License No: C -0556 CITY OF ASHEVILLE FIGURE 3.5
One Town Square Blvd.
Suite 320 BUNCOMBE COUNTY
i Asheville. NC 28803 NORTH CAROLINA
(828) 687 -7177 Fax [phone] NOT TO SCALE
www.wgla.com

6.7SOO�0Y.
PYI STA.12+02.12
PVI EL. 209 &82'
VC = 235.00'
SPAN "A" SPAN 'B"
L EXIST.
NSRR
PROPOSED IFILL MAIN
PROFILE
EL 20861
HIGHWALL
ABUTMENT
LINE -- I FIX. FIX. EXP. EXP.
FIX. -'l rk EXIST. NSRR
EL 2064*
END BENT 1
Preliminary
Not for Construction
SPAN T"
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COLUMN OR
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R�EL 20511
rEL TER SURFACE
2 04026t
EL 2060t
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APPROX.
EXISTING lit 20401
GROUND APPROX.LOCATION
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-5.0000% - 9A000i
PVT STA.13;S9.62
PVI EL. 2090.95
VC = 80.00'
SPAN "U"
FILL FACE Q END BENT
S7A.13 +75.00 -L-
GRADE PT. EL. 2089.414
FIX. FIX. l'- T•AERM WIDTH
(NORMAL TO CAPF—EL-205-4*
FIX.
EL 20531
WILLIAM G. LAPSLEY & ASSOCIATES, P.A.
CONSULTING ENGINEERS & LAND PLANNERS
NC License No: C -0556
One Town Square Blvd.
Suite 320
Asheville, NC 28803
(828) 687 -7177 Fax [phone]
www.wgla corn
Ck/ASS II RIP RAP
N6 PTO CAP —
EL 2040s
BENT 3
ENKA CENTER
CITY OF ASHEVILLE
BUNCOMBE COUNTY
NORTH CAROLINA
Cun 41CAIT 9
BENT CONSTRUCTION
FOR BRIDGE
FIGURE 3.6
NOT TO SCALE

0 500 1,000
,ice .
s�
0 500 1,000
,ice .

Enka Center ( +/- 192 AM

BasF - Colbond Facility
a't I
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M tland m l e
Stream
Form 1
gend
Stream
Property Boundary ''
Hominy Creek
Wetly ,
oraWAA "C 2 22.11.
Buncombe County,
North Carolina
Stream
Form 2
pp��
Jurisdictional wetlands and waters identified on this map Eiave been located
;within sub -meter accuracy utilizing a Trimble mapping grade Global
'Positioning System (GPS) and the subsequent differential correction of that
data. GPS points may demonstrate uncorrectable errors due to topography,
vegetative cover, audfor multi' at error.
(Note: The illustrated wetlan s)xeam locations are approximate. These
,,areas have been flagged in the d; however, they have not bean surveyek.,
Although ClearWater Environmental Consultants, Inc. (CEC) is confident in-
our assessment, the �A y Corps of Engineers (Corps) is the only agency
that can make final- t ' ns regarding jurisdictional wetland and waters of
the US delineations. _ erefore, all preliminary determinations are subject to
change until written veication is Q¢tained. CEC strongly recommends that
written verification fined from the Corps prior to closing on the
property, beginning site work, or making any legal reliance on this)
determination. `\\
This map was prepared y sing the best information available td Ch
at the time of production. map is for informational purposes only
should not be used to ne precise boundaries, roadways, property-
boundary lines, nor legal descriptions. This map shall not be construed to bqr`
fiat► official survey of any data depicted.
Soytre 1}at combe otf*, WGLA, and field cc�IJ de /data ?" ( \ \\\
04,
CLearWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
L
IJ
x
W
0 250 500 1,000
Feet
Stream and Wetland
Delineation Map
Delineated May 19, 2009

Previous Permits and Correspondence

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. 2011 -00486 County: Buncombe USGS Quad: Enka
GENERAL PERAUT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Enka Partners of Asheville, LLC/ Martin Lewis
Address: 1091 Hendersonville Road
Asheville, NC 28803 CEC Project At -9�(O
Telephone No.: 828 - 691 -0349
Date Racieved
Size and location of property (water body, road name /number, town, etc.): The site is located off oviarel 11
Sandhill Road in Enka, Buncombe County, North Carolina. 35.542647 N. - 82.650630 W
Description of projects area and activity: The permitee is authorized to permanently impact of 149
linear feet of stream authorized under NWP 14 for colvert and headwall installation on an
unnamed tributary to Hominy Creek and 20 linear feet of temporary impacts during construction
The vermitee is authorized to temporarily impact 100 linear feet of stream durinn construction of a
bridge across Hominy Creek. Plans for any temporary fill associated with bridge construction
most be submitted prior to construction. Additionally 20 linear feet of temporary impacts to
Hominy Creek are authorized under NWP 12 for a utility line crossing.
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: 12 &14
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, your submitted plans, and the special conditions below. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order
and/or appropriate legal action.
1. Please review the attached North Carolina Wildlife Resources Commission letter dated March 10, 2011.
The following conditions are hereby incorporated as special conditions of this permit; 1, 2, 4, 5and 6. All
other recommendations should be considered where practicable.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements. \
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
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 5, 2011
Expiration Date of Verification: March 18, 2012

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:
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 channel on the property is Hominy Creek and its unnamed tributary which
flow into the French Broad River River. The French Broad merges with the Holston River to form the Tennessee
River. Tennessee River drains to the Ohio River then to the Mississippi before entering the Gulf of Mexico.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
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 Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Tasha McCormick, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 fora, 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: Tasha McCormick
Issue Date: May 5. 2011
Expiration Date: Five years from Issue Date
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
ho:-// Rer 2.nwp.usace.army.mil/survey.html to complete the survey online.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
ClearWater Environmental Consultants, 224 South Grove Street, Suite F, Hendersonville, NC 28792

-- '�''ILE copy
I�CD�R
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 2, 2011
Mr. Martin Lewis
Enka Partners, LLC
1091 Hendersonville Road
Asheville, NC 28803
Subject: 401 Water Quality Certification - Approval
Enka Center
DWQ Project # 11 -0437
Buncombe County
FBR02 / Hominy Creek / 6 -76 / C
Dear Mr. Lewis:
The Division of Water Quality has completed the review of your 401 Water Quality Certification application
associated with the subject project listed above.
Approval has been granted to place fill within or otherwise impact 289 feet of streams for the purpose of multi-
use development construction at the subject property. This approval requires you to follow the conditions
listed in the attached Certification and any additional conditions listed below.
Project impacts are covered by General Water Quality Certification Number 3819 and 3820. This Certification
allows you to use Nationwide Permit 12 and 14 when issued by the US Army Corps of Engineers ( USACE).
Authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your
application and as authorized by this Certification shall expire upon expiration of the corresponding USACE
Permit Verification. In addition, you should obtain or otherwise comply with any other required federal, state
or local permits before you proceed with your project including (but not limited to) Erosion and Sediment
Control and Phase II Stormwater regulations.
This approval is for the purpose and design that you described in your application. If you change your project,
you must notify us and may be required to submit a new application.
Impacts Approved
The following impacts are hereby approved as long as all of the other specific and general conditions of
this Certification are met. No other impacts are approved including incidental impacts:
LOCdon: 2090 U.S. Htgtway 70, Swannana, NoM Caroline 28778
PWne: 828 -M4001 FAX [phone] Cudmw Soft- 1477-W4748
InwMet wwwx0vaterqualay org
An Equal OppoAurdy 1 A*maft Adbn Employer
�ne Carofina
A AM711

Martin Lewis
June 2.2011
Page 2 of 2
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828 - 296 -4664.
Sincerely,
� e. -
Coleen H. Sullins, Director
CHS/cbc
Enc: OC3819 and GC3820
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit
File Copy
8 -%WPB ww mbe4101s Won- WMnkaCenta\AMVL.6.1.1 Ldoc
Amount Approved nits
Plan Location or Reference
Stream
149 (feet) permanent
140 feet tem
Stream Impacts Figure 3.1
Violations of any condition herein set forth may result in revocation of this Certification and may result in
criminal and/or civil penalties.
If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream
impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive
this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina
General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-
6714. This certification and its conditions are final and binding unless you ask for a hearing.
This letter completes the review of your application by the Division of Water Quality under Section 401 of the
Clean Water Act. If you have any questions, please contact Chuck Cranford in the Asheville Regional Office
at 828 - 296 -4664.
Sincerely,
� e. -
Coleen H. Sullins, Director
CHS/cbc
Enc: OC3819 and GC3820
Certificate of Completion
cc: USACE Asheville Regulatory Field Office
WBSCP Unit
File Copy
8 -%WPB ww mbe4101s Won- WMnkaCenta\AMVL.6.1.1 Ldoc

® North Carolina Wildlife Resources Commission KN
Gordon Myers, Executive Director
April 18, 2011
Ms. Tasha McCormick
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
SUBJECT: Nationwide Permit Application for Enka Partners of Asheville, LLC
Enka Center, Hominy Creek and UTs, Buncombe County
Dear Ms. McCormick:
Enka Partners of Asheville, LLC requested comments from the North Carolina Wildlife Resources
Commission (Commission) on a 404 Permit application to temporarily impact Hominy Creek with an
aerial sewer line and bridge and permanently impact a tributary with 149 feet of culvert. However, the
project consultants have indicated that the bridge impacts should not be necessary. I visited the project
area on April 1, 2011. Comments from the Commission are provided under provisions of the Clean
Water Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661- 667d).
The project should not harm trout and it is not necessary to avoid constriction during the moratorium
period. However, blotched chub (ErhWtax insigims, US-FSC and NC -SR) and French Broad River
Crayfish (Cwnbmw rebw7w, US-FSC and NC -SR) are known from Hominy Creek. So, it is important
that habitat disturbance and sedimentation in and near this stream be minimized to help conserve these
sensitive species.
During periods of high flow, Hominy Creek may be navigable by canoes and kayaks. Therefore, the
sewer line and bridge should be sufficiently elevated above the river to not block passage. We
recommend that the structures be a minimum of 4 feet above the normal high level of the creek.
The Commission recommends that the following conditions be attached to the permit to help conserve
aquatic resources:
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699 -1721
Telephone: [phone] - Fax: [phone]

Enka Partners ofAsheville, LLC Page 2 April 18, 2011
Buncombe
1. Rock, sand, or other materials must not be excavated from stream channels except in the immediate
2. The culvert invert must be partially bedded below the stream grade (see Regional Condition 3.6) to
facilitate fish passage and reduce outlet scour.
3. Structures that span Hominy Creek should not impede navigation.
4. The stream bottoms should not be covered with rip rap and any rock used for stabilization should only
extend up the bank to the normal high water level. Vegetation should be used for stabilization above
the ordinary high water level
5. Sediment and erosion control measures must be used and maintained until all disturbed soils are
permanently stabilized. All bare soil should be seeded as soon as possible following ground
disturbance. Erosion control matting should be used with seeding on disturbed stream banks and
anchored with staples, stakes, or, wherever possible, live stakes of native trees.
6. Any concrete work must be isolated from water because uncured concrete can kill aquatic life.
7. Sandbags, flexible pipe, or other temporary diversion structures should be used where possible to
avoid excavation in flowing water.
S. Riparian vegetation, especially trees and shrubs, should be preserved as much as possible. Riparian
vegetation along Hominy Creek is sparse, so fruther clearing should be avoided. Trees and shrubs
should be cut with the roots remaining where temporary access is needed during construction.
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452-
0422 extension 24 if there are any questions about these comments.
Sincerely,
':/� 14 .
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Clement Riddle, Clearwater Environmental Consultants

Jurisdictional Determination Information

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I.D.: 2011 -00486 County: Buncombe U.S.G.S. Quad: Enka
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent: Enka Partners of Asheville
Address: 1091 Hendersonville Road
Asheville, NC 28803
Telephone No.:
CEC Project # 91MV
Property description: Dow Recieved &511(01 Zb
Size (acres): Approximately 192 Nearest Town: Asheville
Nearest Waterway: Hominy Creek River Basin: French Broad
Coordinates: 35.549403 / - 82.647145 Hydrologic Unit Code: 06010105
Location Description: The site is located off of Sandhill Road, Asheville, Buncombe County, North Carolina
Indicate Which of the Following Apply:
A. Preliminary Determination
Based on preliminary information, there may be waters and wetlands on the above described property. We strongly
suggest you have this property inspected to determine the extent of Department of the Army (DA) jurisdiction. 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 331).
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 waters and wetlands 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 waters and wetlands 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 waters and wetlands 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 waters and wetlands 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.: 2011 -00486
This delineation/determination has been conducted to identify the limits of COE's 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.
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 Tasha McCormick at 828 -271 -7980.
C. Basis For Determination
This site contains wetlands as determined by the USACE 1987 Wetland Delineation Manual and is adjacent to stream channels
located on the property that exhibit indicators of ordinary high water marks. The stream channel on the property is Hominy
Creek which flows into the French Broad River. The French Broad merges with the Holston River to form the Tennessee
River. Tennessee River drains to the Ohio River then to the Mississippi before entering the Gulf of Mexico.
D. Remarks
Site visit conducted on March 3.2011 with Rebekah Newton
E. 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 Notification
of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Tasha McCormick, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
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 by May 10, 2011.
* *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: Tasha cCo ck
Issue Date: March 14.2011
Expiration Date: March 14.2016
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 http:// per2.nwp.usace.army.miUsurveyhtm1
to complete the survey online.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST BE
ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
CF: Clearwater Environmental Consultants, Inc. 224 South Grove Street, Hendersonville, NC 28792 Attention:
Rebekah Newton