20130986 Ver 1_More Info Received_20131009

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IVIRONMENTAL
NC Division of Water Resources Water Quality
Surface Water Protection Section
Attn: Mrs. Karen Higgins
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Q[N@PmOWPOP
OCT 9 2013
DENR -WATER QUALITY
POINT SOURCE BRANCH
Re: Request for More Information
DWQ Project # 2013 -0986
Cullowhee River Club — Nationwide 3/13/29/36 Permit Application
Residential Development, Cullowhee, Jackson County, North Carolina
Karen:
►3 -09810
October 7, 2013
The additional information your office has requested includes a construction detail, a planting plan,
and a plant success criteria for evaluation of the 500 linear feet of bank stabilization along one side of
the Tuckasegee River. Your letter also advises that a Trout Buffer Waiver may be required through
NC DEMLR for work within 25 feet of the edge of bank of waters within the project area. There are
1,458 linear feet of UT's and 7,928 linear feet of the Tuckasegee River within the project area for a
total of 9,386 linear feet. The proposed project does not disturb greater than 10% of the trout
buffers on property but it does proposed greater than 100 linear feet of temporary disturbance along
the reach of bank stabilization therefore we have always intended to submit a Trout Buffer Waiver
once the Corps 404 and your office's 401 are issued. The bank stabilization along the Tuckasegee
River is not proposed until phase 4 of the project which will occur in 2014 or 2015. Additionally, two
of the three proposed road crossings occur at existing crossings.
Enclosed please find additional written information regarding the streambank stabilization as well as
the culvert removal at impact site #5. Also included is an aerial photo of the project area as well as
a plan view bank stabilization plan. Enclosed are a construction typical for bank stabilization and a
construction typical for bank stabilization if a rock toe armorment is required. As per NC WRC
comments, rock toe armorment will not be used unless deemed necessary during construction.
Additional attachments include a construction typical for live staking and coir matting as well as a
plant list. Lastly, included are copies of your additional information request letter, the Corps 404
permit that includes the NC WRC comment letter, and the Corps approved jurisdictional
determination.
9700 Research Drive, Suite 142
Charlotte, North Carolina 28262
980 - 819 -7780 (o) / 980 - 819 -7876 (f)

_W4 04VIRONMENTAL
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Atlas proposes to monitor the stream bank stabilization and stream restoration work for two years
following the completion of construction so if construction is completed in 2014 then monitoring will
occur through 2016 and if construction is completed in 2015 then monitoring will occur through 2017.
Each year an annual report will be submitted to your office as well as the Corps and NC WRC offices.
Atlas will also complete an as -built survey once the work is completed which will be submitted to your
office, the Corps, and NC WRC. If it is determined that unstable conditions exist then corrective
action will occur and monitor will be extended accordingly.
Native live stakes will be installed within the 25 foot buffer once construction is complete. Based on
the area of the buffer along the reach of bank stabilization 150 live stakes will be planted in order to
achieve at least 320 stems per acre by year 3 and 260 stems per acre by year 5. Specimen potted
trees may also be planted such as oaks, hickories, sycamores, birch, and rhododendron. The river
buffer currently contains sparse trees which consist mostly of walnuts and locust.
Feel free to contact me with questions.
Thanks, J
Jennifer L Robertson
JRobertsonCa)atlasenvi.com
828 - 712 -9205 or 704 - 512 -1206 mobile
Copies To:
Mr. Kevin Barnett, NC DWR — Swannanoa
Mr. David Brown, Corps — Asheville
Mr. Dave McHenry, NC WRC — Waynesville
ryimental Inc
9700 Research Drive, Suite 142
Charlotte, North Carolina 28262
980 - 819 - 7780(0)/980-819 - 7876 M

Additional Information
Application Item C.3 — Streambank Stabilization
Introduction
Application Item C 3 requests authorization for 500 linear feet of bank stabilization along one side of the
Tuckasegee River Information and details about this plan are included below This bank stabilization
work is proposed as part of Phase IV of the Cullowhee River Club project This work is expected to begin
sometime in 2014 or 2015
Stabilization Plan Detail
The subject bank instability is located on the outside of a very subtle bend of the Tuckasegee River A
riffle -run feature occurs in the river adjacent to the proposed length of bank stabilization This riffle is
slightly angled, directing some pressure to the subject unstable bank Because the left bank ( Cullowhee
River Club property) is only sparsely vegetated, this pressure has caused bank erosion and bank failure
Bank stability can be achieved by reducing the stresses on the unstable bank with changes to the
channel and /or making the unstable bank more resistant to the stresses of the channel In the case of
this project, the condition of the stream itself does not warrant in stream work to reduce channel
stresses Instead, what is proposed is to stabilize the banks by armoring the toe of the stream bank with
boulders from on site (if necessary), re- sloping and compacting the soil then stabilizing with riparian
seed mix, straw mulch, heavy coir matting, and aggressive livestaking and potted plant planting
The stabilization plan will begin with the removal of a large thicket of bamboo This will involve removal
of all bamboo stalks and roots, which will also require removal of some existing topsoil Once all
bamboo stalks and roots are removed, soil will be stabilized with seed and straw
Once bamboo removal is complete, bank stabilization will begin The length of proposed stabilization
was determined by active bank failure and erosion as well as clear start and end points marked by
established hardwood trees Within the proposed 500 linear feet of streambank stabilization, the toe of
the bank will first be secured with rock (if it is determined to be necessary), and then the streambank
will be re- sloped and compacted to blend with upstream and downstream bank slopes In order to
ensure rapid and healthy establishment of vegetation, 2 1 is the target minimum slope (USDA —
Engineering Field Handbook)
Stabilization of all disturbed areas will occur immediately after grading is finished No bare, disturbed
soil will be left overnight A riparian seed mixture will be broadcast over all bare soil, covered with straw
mulch, and watered if necessary Next, 900 gram coir matting will be rolled out and securely staked
with hardwood eco- stakes over the seed and straw Matting will be rolled out parallel to the river Rolls
will be overlapped by at least six inches along the edges, and 12 inches at the ends Two widths of coir
matting will be staked out beyond the top of bank The bottom edge of the bottom roll will be trenched
in at the toe of the stream bank and the top edge of the top roll will also be trenched in to prevent
damage during high flows (see attached Matting and Livestakes Typical)

The final step in the bank stabilization will be the planting of livestakes, potted shrubs and trees
Livestakes will be planted at a density to ensure at least 320 stems per acre by year 3 after construction,
and 260 stems per acre by year 5 Livestakes will include species such as Cephalanthus occidentalis,
Cornus amomum, Salix sericea, Phusocarpus occidentalis, and Sambucus Canadensis From the top of
bank back at least 25 feet, woody shrubs and trees will also be planted to help towards the goal of
mature riparian buffer vegetation Oaks, hickories, and rhododendron, as well as species common in
floodplains such as Platanus occidentalis (American Sycamore) and Betula nigra (River Birch) will be
planted throughout the 25 foot buffer of the bank stabilization area
Monitoring
Before work begins, permanent benchmark photo locations will be established, and bank profiles
(sections of left bank only) will be surveyed Upon completion of the bank stabilization, the benchmark
photos will betaken again to show the work, and profiles will be surveyed again The photos and data
from before and after construction will be presented as part of the as -built report
Beyond the as -built report, monitoring will occur within year 1 and year 2 of the completion of the work
Success for this project will be determined based on bank stability and vegetation Bank stability will be
assessed from visual inspection including benchmark photos as well as survey results from the
benchmarked bank profile locations Visual inspection and photos should show no obvious signs of
erosion, scour, or bank failure Profile surveys should show no significant changes in bank height, shape,
slope or location Success of vegetation will be determined based on visual inspection and photos as
well as stem counts An overall assessment of the health of vegetation should be easily determined by
how well the grasses have established, grown and survived Sprouts and leafing should be visible on
the livestakes within the first growth season Three 10x10 plant survey plots will be established to
determine the surviving density in stems per acre
Should the streambank stabilization project fail to meet either of the success criteria, its condition and
plan for repair will be reported immediately Actions will be taken to re- stabilize as soon as the plan is
approved

Additional Information
Impact #5 - Culvert Removal
Introduction
At proposed impact site #5 an 80 foot culvert will be removed and replaced lust upstream with a 40 foot
culvert The 80 linear feet of channel that gets day - lighted will receive restoration treatment to ensure
long term success and stability
Culvert Removal Plan Detail
The contractor will prepare the construction access areas, staging areas, and stockpile areas Safety
fences, silt fences, and barriers will be erected as necessary to secure the site The contractor will then
stockpile materials needed for the initial stages of construction After initial preparation, the contractor
will begin construction During fill (culvert) removal and grading, silt fencing will be utilized to contain as
much sediment as possible The process will begin with the removal of fill used in the road crossing
The pipe, rip rap, and any other crossing implements will be removed along with accumulated
sediments The stream channel will then be recreated to resemble the proper dimension and profile
based on un- impacted upstream reference conditions In- stream log or boulder structures may be
utilized to maintain grade control and stability
To stabilize the completed work area, the contractor will apply temporary seeding, permanent seeding,
straw mulch and coir matting to the disturbed area Planting of additional woody vegetation in the form
of livestakes and potted trees and shrubs will occur as the final stage of construction and will only occur
during winter or early spring
The planting plan described below will serve as guidance to re- establish the riparian buffer along the
stream reach The streambank slopes and buffer will be planted with appropriate riparian species from
the attached plant list to recreate natural buffers On the streambanks and immediately adjacent to the
stream the planting will include a riparian seed mix and livestakes The remaining area will also be
planted with potted trees and shrubs Riparian buffers onsite will be a minimum of 25 linear feet from
the top of the left and right bank
Monitoring Plan
After construction completion, Atlas staff will provide the resource agencies with an as -built report
Monitoring activities will take place every year for 2 years after construction completion An annual
monitoring report will be submitted each year following the monitoring activities Success will be
measured in terms of channel stability and plant survival Channel stability will be measured through
visual inspection, photographs, cross - sections, and longitudinal profiles If there is substantial evidence
of instability, such as down - cutting or erosion, remedial actions will be taken
Vegetative success will be measured in terms of plant survival Plant survival will be measured with
visual study, photographs, and stem counts in designated vegetative monitoring plots Stem counts of

at least 320 stems /acre in year 3 and 260 stems /acre in year 5 will be considered successful Two
vegetative monitoring plots, 10'x10' in size, will be set up to monitor plant survivability If there is
substantial plant mortality that leads to lowered stem counts, remedial actions will betaken Areas with
less than 75% vegetation coverage will be re- seeded and /or fertilized, and live stakes and bare rooted
trees will be planted to achieve the desired densities Exotic, invasive, and invader species will be
removed so that they will not exceed 20% of the vegetative composition
Photographic Reference Sites
Photos will be taken at each cross section within the restoration reach These photos will indicate the
condition of vegetation, any aggradation, degradation, and /or bank erosion Problem areas identified
during any part of annual monitoring activities will be recorded and reported along with a suggested
plan of action Any necessary remedial actions will be planned, approved, and implemented as quickly
as possible

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Cullowhee River Club
Bank Stabilization Plan
Plan View
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ENVIRONMENTAL
775 Haywood Road, Suite D Ashevik- NC 28806
980 - 819 - 7780 - wwwadaserwLcorn
Scale: 1" = 100' 1 sheet: I Date: 10 -2 -2013
Map: Bank Stabilization Plan
Project: Cullowhee River Club
Location: Jackson County, NC
Client: Cullowhee River Club Code: TN -1002

NOTES:
1. Perform work at low flow
2. Cut and fill to minimize change to cross sectional area
J. Grade to match adjacent stable bank slopes (minimum 2:1)
4. Secure all work at the end of each day
5. Secure with seed mix, straw mulch, coin matting and livestakes
6. Install two widths of coin matting beyond top of bank
7. Plant shrubs and trees out to full width of 25' buffer
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775 I-laywood Road, Suite D A4 eAk, NC 288()6
(828) 712 - 9205 vnvwatlasenvLcom
Streambank
Stabilization
Scale: Not to Scale Sheet: 1 of 1
Construction Typical
Grading / Stabilization
with Rock Toe Armorment
*Conceptual Plan - Not For Construction

RUN CO /R ROLLS PARALLEL
TO THE STREAMBANK
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p o TRIANGULAR LIVE STAKE SPACING
STAGGERED I' — X APART
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NOTES:
1. Run two rows of coir matting beyond the top of bank
2. Harvest and p /ant live stokes during the dormant season
J. Livestakes should extend down into mid — summer water table
4. Stagger live stokes and space them 1' — 3' opert
5. Use c rigid steel pilot bar to prepare planting holes in firm soils
6. Sock live stokes for 24 hours prior to instal lotion
7. After insto /ling, tamp soil securely around the stoke
TRENCH AND BURY
EDGES OF CO /R FABRIC
LIVESTAKE INSTALLED
• _ • , • • • _ � WITH 75% BUR /ED
MATTING SECURED WITH
12" HARDWOOD STAKES
FINISH GRADE IS SEEDED,
LM STAKES — PROf1LE AND COVERED WITH STRAW
AND COIR MATTING
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VIRONMENTAL
775 Haywood Road Sute D Asheville, NC 28806
(828) 712 - 9205 • wwwatlasenvicom
Live Stakes and
Coir Matting
Scale: Not to Scale Sheet: 1 of 1
Construction Typical
Live Stakes / Coir Matting
*Conceptual Plan - Not For Construction

PLANT LIST
BOTANICAL NAME
COMMON NAME DESCRIPTION
TREES / SHRUBS
Betula m ra
River Birch / height 80 -100' often with multiple trunks
Ca rya SPp
Hickory vanebes / height 80 -130'
Platanus ocadenta /is
American Sycamore / height reaches 90 -130' exfoliating bark
uercus spp,
Oak varieties / height 80 -130'
Rhododendron species
Rhododendron varieties / height 6 -20'
GRASSES
Rlparlan Seed Mix
Deerton ue Indian grass, Va Wild rye, Redtop Panic grass, Big Bluestem Winter Bent grass
LIVE STAKES
Comus amomum
Silky Dogwood / height 6 -10' streambank stabilizer
Salmsencea
Silky Willow / height 15 -30' multi- stemmed shrub
Sambucus canadensis
Elderberry / height 4 -12' thicket forming shrub
Ph socar us ocadentalis
Ninebark / interesting bark height 6 -10' plant at sand/ ravel bars
Ce halanthus ocadentalis
Buttonbush / height 10 -12' multi- stemed rounded and open with white fragrant blooms
Vlrbunum dentatum
Arrowwood / height 3 -10' streambank shrub

A-;-7A
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North Carolina Department of Environment and Natural Resources =
Division of Water Resources
Pat McCrory Water Quality Programs John E Skvarla, III
Governor Thomas A Reeder Secretary
Director
September 24, 2013
Tim R Newell
Cullowhee River Club, LLC
Post Office Box 2405
Cullowhee, North Carolina 28723
Subject: Request for More Information
401 Watei Quality Certification
Cullowhee River Club
DWQ Project # 2013 -0986
Jackson County
Response deadline October 15, 2013
Dear Mr Newell
The I)ivision of Water Resources (DWR) has performed a preliminary review of a 401 Water Quality
Certification application submitted for the above teferenced property. Additional infornation will be icqured
in oidei to complete the review process
Please provide the following information so that we may continue to review your pioject
Additional Information Requested:
Application Item C. 3. requests authorization for the stabilization of 500 lineal feet of one side
of the Tuckasegee River No plan detail for the grading/ sloping work has been provided
Additionally, no planting plan has been provided, Please provide a construction detail, a
planting plan, and a plant success ci iteria for evaluation Please be aware that a 1 rout Buffer
Waiver may be required by the Division of Energy, Minerals, and Land Resources for work
within 25 feet of the edge of bank of waters within this project area
Plca�,e provide your response in writing to the addresses below prior to October 15, 2013, hour copies of the
required information should be provided to the Wetlands, Buffers, Stormwater Compliance and Permitting Unit
at
Ms, Karen Higgins
WBSCP Umt
1650 Marl Service Center
Raleigh, NC 27699 -1650
Location 2090 U S Highway 70, Swannanoa, Noah Carolina iV78
Phone [phone]t FAX 828 - 299 -7013
Internet wwv ncwaterqualily org
An Eoual Q000rtumly I Affirmative Action Employer
NorthGaroliita
watally

Cullowhee River Club
September 24, 2013
Page 2 of 2
and a single copy to the Asheville Regional Office at:
Kevin Barnett
Water Quality Programs
2090 US HWY 70
Swannanoa, NC 28778
If we do not heal from you by the deadline, we will assume that you no longer want to pursue this project and
we will consider the project withdrawn
This letter only addresses the preliminary application review and does not authorize any impacts to wetlands,
waters or protected buffers Please be aware that any impacts requested within your application are not
authorized (at this time) by the DWR Please call Kevin Barnett (828) 296 -4657, if you have any questions
Sincerely,
G Landon Davidson, P G
Regional Supervisor
Water Quality Programs
cc Jennifer Robertson, Atlas Environmental
9700 Research Drive, Suite 142, Charlotte, NC 28262
Gray Hauser - Division of Energy, Minerals, and Land Resources
David Brown - US Army Corps of Engineel s Asheville Field Office
David McHenry - North Carolina Wildlife Resources Commission
Karen Higgins - WBSCP Unit
Jackson County Planning
ARO File copy
G \WQ\SWPUackson\401s\Non- DOT \CullowheeRrverClub\Addinfo 09 -23 -2013 doe

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID, 2013 -00596 County Jackson USGS Quad Sylva South
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pioperty Owner/ Authorized Agent Cullowhee River Club LLC / Attu.: Tim Newell
Address P.O. 2405
Cullowhee, NC 28723
Telephone No 828- 606 -7973
SILe and location of property (water body, road name /number, town, etc ) The proposed protect site is
located on an approximate 125 acre tract of land (PIN 7559 -72 -3155) along the west bank of the
Tuckaseece River at the south end of South Wavehutta Road in Cullowhee, Jackson County, North
Carolina. Coordinates are 35.306189 N 82.161858 W.
Description of prolcus atea and activity This permit verification authorizes 140 linear feet (lf) of
permanent stream impacts to unnamed tributaries (UT) of the Tuckasegee River associated with
installation of new culvert crossings; 9 if of permanent stream impacts to the Tuckasegee River
associated with the construction of a boat ramp; 500 if of permanent stream impacts to the
Tuckase ee River associated with hank stabilization; and removal an existing 80 If culvert in an UT
of the Tuckaseeee River with replacement using 40 If of culvert upgrade of the existing culvert and
restoration of the 80 If stream section This work is to be completed in the proposed Cullowhee
River Club residential development.
Special Condition~: The attached three 3 recommended conditions from the North Carolina
Wildlife Resources Commission are hereby incorporated as special conditions of this permit
authorization.
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 3. 13, 29. and 36
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions, conditions in the attached letter from the North Carolina Wildlife Resources
Commission, and your submitted plans. Any violation of the noted conditions or deviation from your
submitted plans may subject the permittee to a stop work order, a restoration order aiid /or appropriate legal
action
This vei ifrcation 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 reinaui 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 vi reliance upon the nationwide permit, will icmam authorized provided the aLtivlty
is completed within ttimelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authoiity has been exelcised on a case -by -case basis to modify, suspend or revoke the
authorization
Activities subjcLt 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 blip / /portal ncdenr orQAveb /wq /slim /ws/webscape
Foi activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (LAMA), prior to beginning work ) ou must contact the N C Division of Coastal Management.

This Department of the Army verification does not relieve the perrnittee of the i esponsibdity 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 David Brown at 828 -271 -7980
Corps Regulatory Otficial David Brown71--'-, _r --- Date September 30, 2013
Expitation 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
h�i i�/iper2 nw usace army mil /surve Il itnil 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 33 1)
B ❑ There are Navigable Waters of the United States within the above described project area subji.ct 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 iegulations, this dctemmnation may be relied upon for a
period not to exceed five years from the date of this notification
C. ❑ I here are waters of the US and/oi wetlands within the above described project aica 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 oui published regulations, this determination may be relied upon for a period not to exceed five years
fiom 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 September 13, 2013 Action ID 2013 -00596
Basis of Jurisdictional Determination
The site contains wetlands as determined by the 1987 Coips of Lngineei s Weiland Delineation �Lfanual and the
Intel un Regional Supplement to the Coi ps of Engineers Jd%tlands Delineation Nfa►aual Eavrei n Mouniani and
Piedinont Region These wetlands ai a abutting to stream channels located on the property that exhibit indicators of
ordinary high water marks and have peremual flow The stream channels on the property are the Tuckasegee River
and six (6) unnamed tributaries (UT) to the Tuckasegee River The UTs to the Tuckasegee River, are relatively
permanent waters (RPW), flow into the Tuckasegee River, a traditional navigable river (TNW), which flows into the
1 ittle Tennessee River (a section 10 River), and then to the Tennessee River The Tennessee River drauis into the
Ohio River then to the Mississippi River before entering the Gulf of Mexico The UTs to the Tuckasegee River and
the Tuckasegee River, at the site, have perennial flow, exhibit indicators of ordinary hi-fi water maik, and the
Tuckasegee River is a blue lute feature on the U S Geological Survey quad map
Attention USDA Program Participants
This dehneation/determination has been conducted to identify the limits of Corps' Clean Watei Act jurisdiction for
the particular site identified in this request 1'hc delmeation /determination may not be valid for the wetland
conservation provisions of the Food Security /pct 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 deter ailations as indicated in
B and C above)
hhis correspondence constitutes an approved jurisdictional determination for the above described site If you object
to this detennuiation, 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 Anny Corps of Engineers

South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street S W, Room l OM 15
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
critei to for appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of
the date of the NAP Should you decide to submit an RFA form, it must be received at the above address by
November 12, 2013
* *It is not necessary to submit an RI'A form to the Division Office if you do not object to the deternunation in this
correspondence **
Corps Regulatory Official David Brown67
Issue Date September 13, 2013
E\piration Date Five years from Issue Date
Copy Fui nished
Al LAS Environmental lac, , Attn Jenntfer Robertson, 9700 Research Di tve, Suite 142, Charlotte, NC
28262

Permlt Number 2013 -00596
Permit Type NW-31, 13, 29, and 36
Name of County Jackson
Name of Permittec Cul towhee River Club, LLC / Attn Tam Newell
Date of Issuance September 30, 2013
Project Manager- David Biown
Upon completion of the activity authorized by this permit and any mitigation required by the
permit. sign this certification and return it to the followunb address.
U S Anny Corps of Engineers
Attention CESAW -RG -A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
Please note that your pennitted activity is subject to a compliance inspection by an US 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 tenns and conditions of the said permit, and requited nntigation was
completed in accordance with the permit conditions
Signature of Pennittee
Date

NOT1, OF�fALjM'N API? AI✓ =U'I' ?I�TS� ND RU'CIFSS Ai*l `
F1CAT'J0N S�RATIV}
REQUEST FOR�APPEAIs 1,
4Applicant Cullowhee River Club, LLC / Attn Tim
File Number- 2013 -00596
Date September 13,
Newell
2013
Attached is
See Section below
INITIAL PROFFERED PERMIT (Standard Pen-nit or Letter of permissioi)
A.
PROFFERED PERMIT (Standard Pennit or Lettei of permission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRiLIMINARY JURISDICTIONAL DETERMINATION
E
SFCTION i - The following identifies your rights and options r'egar'ding an administrative appeal of the above
decision Additional information may be found at
htt , /hvww usace army.inil /CECW/Pages /reg materials•aspx or Corps regulations at 33 CFR Part 331
A INITIAL PROFFERED PERMIT You may accept of object to the permit
• ACCEPT if you received a Standard Permit, you may sign the pei nut document and return it to the district engineer for final
authorization if you received a Letter of Permission (LOP), you may accept the LOP acid your work is authorized Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit to its entirety and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional deteimuiattons associated with the permit
® OBJECT !f you object to the permit (Standai d or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly You must complete Section 11 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
a ACCEP h if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization If you icceived a Letter of Permission (LOP), you may accept the LOP and your work is authorized Youi
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 Pei mit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
forni and sending the form to the division engineer This form must be received by lire division engineer within 60 days of the
date of this notice
C PF_,RMIT DENIAL You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section 11 orthis form and sending the form to the division engineer This form must be received by the division
engineei within 60 days of the date of this notice
D APPROVED JURISDICTIONAL DE TERMINATION- You may accept or appeal the approved JD of
provide new inforration
a 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 J-D in its entirety, and waive all rights to appeal the approved JD
0 APPEAL If you disagree with the approved JO, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the forim 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 Pieliminaty JD is not appealable. If you wish, you may request an
approved .ID (which maybe appealed), by contacting the Corps district For fitrther instruction Also you may
provide new information for further consideration by the Corps to reevaluate the JD
SECTION JI - REQUEST FOR APPEAL of OBJECTIONS TO AN INITIAL, PROFFERED PERMIT d
REASONS I'OR 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 you] reasons
or objections are addressed in the administrative record )
ADDITIONAL iNFORMATTON 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
clarity the administrative record Neither the appellant nor the Corps may add new information or analyses to the record However,
you may provide additional information to clarify the location of information that is alread in the administrative record
POINT OF CONTACT FOR QUESTIONS OR INFORMATION
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
David Brown Project Manager Mi Jason Steele. Administrative Appeal Review Officer
428 -271 -7980 CESAD -PDO
U S Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room IOM15
Atlanta, Georgia 30303 -8801
I Phone [phone]
RIGIIT 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 participate in all site investigations
—" I Date I Telephone number
Signature of appellant or
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Brown, 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 10MI59 Atlanta, Georgia 30303-
8801. Phone: [phone]

0 North Carolina Wildlife Resources Commission O
Gordon Myers. Executive Director
September 30, 201;
Mr David Brown
U S Army Corps of Engineers, Regulatory Bianch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801 -5006
SUBJECT 404 Permit Application for Mr Tim Newell, Cullowhee River Club
Culverts, Bank Stabilization, and Boat Ramp
Tucka-segee Rivcr and hributaries, Jackson County
Deal Mr Brown
Mr Tim Newell. Cullowhee River Club requested a permit to add and remove culverts in tributaries to the
`i'uckasegee Rivei neat Cullowhee Also proposed is construction of a boat ramp and 500 ieet of rock toe
stabilization in the Tuckaseegee River proper Comments from the Commission on this application are
offered for your consideration undei provisions of the Clean Water Act of 1977 (33 U S C 466 et seq )
and the Fish and Wildlife CoordmationAct (48 Stat. 401, as amended, 16 U S C 661 -667d)
The streams at the culvert sites should be too small for fish The Tuckaseegee River near the property
supports trout, but most spawning likely occurs in better quality tributaries rather than the main channel
I lie proposed work does not need to be avoided during the trout spawning season
Though trout spawning is probably not a concern, there are rare species such as hellbenders, wounded
darters and rainbow and wavy -rayed mussels to this reach of the river Appalachian elk-toe mussels are
found further downstream We recommend consideung the following to help protect habitat for these
species
1 Effective erosion controls should be implemented with any grading work near the river We
recommend using design standards for Sensitive waters (I5A NCAC 4B 0124)
Mailing Address: Dimion of Inland Fishenes a 1721 Mail Service Centel ° Ralclgh, NC 27699 -1721
Telephone: [phone] - Fax: [phone]

Cullowhee River Club Page 2 September 30, 2013
Jacl.son
2 The boat ramp should be functional for small craft if it is only extends to the normal river edge,
rather than out into the wet channel. Others have recently constructed ramps on this river in this
manner
3 The lock toe should be avoided unless there is appreciable and active bank erosion piesent We
viewed the stabilization area from across the river and did not see active erosion, though the
inspection was limited by the distance We understand that the applicant wants to remove the
dense stand of bamboo on the top of the river bank and is concerned that this may lead to
etosion lo help avoid destabilizing the bank, the arcs should be quickly coveted with heavy
coir matting and seed and planted with desirable native vegetation after the bamboo is removed
Tlus may male the rock toe and other disturbance of the lower portion of the bank unnecessary
We also recommend that the applicant refrain from widespiead clearing elsewhere on the river
bank because of the stability and run -off reduction functions existing vegetation provides
Thank you for the opportunity to review and comment on this project Please contact me at (828) 400-
4223 if you have any questions about these coimnents
Sincerely,
Dave McHenry
Mountain Region Cooidinator. Habitat Conservation Progiam
ec Kevin Barnett. NCDENR, DWR
Jennifer Robertson, Atlas Enviiomnental
P Wheeler and A Bushon, NCWRC
S Fraley and T Russ, NCWRC

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1 D 2013 -00596 County Jackson U S G 5 Quad Sylva North
NOTIFICATION OF JUIUSDICTiONAL DETERMINATION
Property Owner /Agent Culloit•hce River Club LLC, Attn - Tim Newell
Address P.O. Box 2405 Cullo�vhec, forth Carolina 28723
1'elephone No 828 -606 -7973
Property description
Site (acres) 125 New est Town Cullowhee
Nearest Watenvay UTs to 1 uckasegee River and `I uckasegee Rivet River Basin J ut_kascgee
Coordinates 35 306139 N, 83 161858 W I lydrologic Unit Code 06010203
Location Description The site is located on an appioxiinate 125 acres tract of land (PIN 7559 -72 -3155) along the west
bank of the fuekasegee River at the end of South Wayehutta Road, in C ullowhee, Jackson County, North Caiolma
Indicate Which 01 the Following Apl)Iv:
A. Preliminary Determination
_ Based on pre] inninary information, there may be waters and wctlands on the above described property We shon2ly
suggest you have this property inspected to determine the extent of Department of the Army (DA) Jurisdiction To be
considered final a.lutisdit,tuinal determination must be verified by the Corps This preliminary detennination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reterence 33 CJ R Part 331) ) If you
wish you may request an approved JD («hick may be appealed), by contacting the Corps district foi further instruction
Also, you may provide new information for further consideration by the Corps to reevaluate the JD
B. Approved Determination
_ There aie Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Riveis and Harbors Au and Section 404 of the Clean Water Act Unless theie is a change in the law or
our published regulations, this detennination may be relied upon for a period not to exceed five years from the date of this
noti f ]cation
X ']'here aie 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 strongl; suggest you have the waters and wetlands on your property delineated Due to the true of your property
and/or our piesent workload, the Corps niay not be able to accomplish this wetland delineation to a timely manner Pot a
more timely delineation, you may wish to obtain a consultant To be considered final any delineation must be verified by
the Corps
X 7 he waters and wetlands on your property have been delineated and the dehnc.ation has been vci died by the Corps
We strongly suggest you have this delineation surveyed Upon completion, this survey should be reviewed and vetified by
the Corps Once verified, this survey will provide an accurate depiction of all areas subject to CWA Jurisdiction on gout
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 deputed 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
deteimmatton may be relied upon for a period not to exceed five scars 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 requiiennents of Section 404 of the Clean Water Act (33 USC 1344) 1Jnless there is a change in the law of our
published regulations, this determination may be relied upon for a period not to e\cecd live years from the date of this
notification

Action Id 2013 -00596
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 David Brown at 828 -271 -7980.
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps ofEngi neeis Wetland Delineation Manual and the Interim
Regional Supplement to the Corps of Engineers Wetlands Delineation Manual Eastei n Mountain and Piedmont Region. These
wetlands are abutting to stream channels located on the property that exhibit indicators of ordinary high water marks and have
perennial flow The stream channels on the property are the Tuckasegee River and six (6) unnamed tributaries (UT) to the
T ucl.asegee River The UTs to the Tuckasegee River, are relatively permanent waters (RPW), flow into the Tuckasegee Riv er,
a traditional navigable river (TNW), which flows into the Little Tennessee River (a section 10 River), and then to the
l'ennessee River The Tennessee River drams into the Ohio River then to the Mississippi River before entering the Gulf of
Mexico The UTb to the Tuckasegee River and the Tuckasegee River, at the site, have perennial flow, exhibit indicators of
ordinary high water mark, and the Tuckasegee River is a blue line feature on the U S Geological Survey quad map
D. Remarks:
The waters of the U S , at this site, were verified on -site by the Corps on April 15, 2013 and are as approximately depicted on
the attached Cullowhee River Club Jurisdictional Wetland Map Overall, submitted by ATLAS Environmental, dated March 12,
2013
E. Attention USDA Program Participants
This del meation/determination has been conducted to identify the limits of Corps' Clean Water Act junsdiction 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
F. Appeals Information (This information applies only to approved jurisdictional determmations as indicated in
B. above)
Attached to this verification is an approved junsdictional determination if you are not ui agreement with that approved
Jurisdictional determination, you can make an administrative appeal under 33 CFR 331 Enclosed you will find a request for
appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following
address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Rooin 1OM15
Atlanta, Georgia 30303 -8801
in order for an RFA to be accepted by the Corps, the Corps must determine that it -is complete, that it meets the criteria for
appeal under 33 CFR part 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 November 12, 2013.
* *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 _David Brown_
Issue Date September 13, 2013 Expiration Date September 13 2018
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 / /Rer2 nwp usace annv mil /survey htmi
to complete the survey online
CF ATLAS Environmental, Inc, Jennifer Robertson, 9700 Research Drive, Suite 142, Charlotte, NC 28262
11

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FIVE Or AND
_NO I tFIC TTnN' R ADMINI� rY , API?EAL, 14, S' D PRO('IwSS s
' U �'hl
Applicant Cut towhee River Club LLC. Attn -JIM
File Number. 2013 -00596
bate September 13
Newell
2013
_
Attached is
See Section below
_
INITIAL PROFFERED PERMIT (Standard Peimit or Letter of permission)
A
PROFFERED PERMIT (Standard Peimit or Lettei of permission)
B
PI -RMIT DINiAI.�
C
X
APPROVED JURISDIC fIONAL D_ETERMINA l ION
D
PRELIMINARY JURiSDICTIONAL DETERMINATION
h;
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above
decision Additional mfomiation'may,,be found at , - s
http-1/www usace army mil/CECW/Pages /re g materials as x or Corps regulations at 33 CPR Part 331.
A INITIAL. PROFFERED PERM I You may accept or object to the permit
• ACCEP I It you received a Standaid Perm it you may sign the peunrt doc,tunent and return it to the district engineer far final
authorisation if you received a Letter of 11'ennlY,10n (LOP), you may accept the LOP and your work is authorized Your
signature on the Standard Permit of acceptance of the LOP means that you accept the permit in its entuety, and waive all rights
to appeal the permit, including its terns and conditions, and approved Jurisdictional determinations associated with the permit
• OBJEC i Ifyou object to the permit (Standard or LOP) because ofcertarn terms and conditions thirrein, you may request that
the pei ma be modified accordingly You must complete Section 11 of this form and return the form to the disti ict engineer
Your objections must be received by the disti ict engineer within 60 days of the date of this notice, or you will for tent your n�ht
to appeal the peumit in the future Upon receipt of your letter, the disti ict engineer will evaluate your objections and may (a)
modify the pern it to address all of your concerns, (b) modify the perinit to address some of your objections, or (i) riot modify
the permit having detennined that the permit Should be issued as previously wi itten After evaluating your objcctwns, the
district engineer will send you a proffered permit for your ieconsideiation, 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
authorisation if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized Your
signaturc on the Standard Permit or acceptance of the LOP means that you accept the pen-nit in its entirety and waive all i fights
to appeal the permit, including its teens 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 I i of this
f'orrn and sending.; the form to the division enoincer This form must be ieccived by the division en-incer within 60 days of the
date of this notice
C PERMTT DENIAL You may appeal the denial of a permit under the Corps of Fngineers Administrative Appeal Process
by completing Section 11 of this form and sending the form to the division engineer -1 his form must be ieecived by the division
enszmcer withur 60 days of the date of this notice
D APPROVED JIJRISDICTIONAL DETERMINATION You may acceptor appeal the approved JD or
piovide new information
O 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 rt& 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 1ngineers Adimni`trdtive
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 Cotes
regarding the preliminary JD. The Preliminary JD 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
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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
ADDI riONAL 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 infonnation or analyses to the record However,
you may provide additional information to clarify the location of information that is already in the administrative record
POINT OF CONTACT FOR QUESTIONS OR INFORM ATTON:
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
David Brown, Project Manager
also contact
Mr Jason Steele. Administrative Appeal Review Officer
USACE, Asheville Regulatory Field Office
CESAD -PDO
U S Army Corps of Engineers, South Atlantic Division.
828 - 271 -7980
60 Forsyth Street, Room l OM 15
Atlanta, Georgia 30303 -8801
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 participate in all site investigations
Date
Telephone number.
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: David Brown, 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 10M15, Atlanta, Georgia 30303 -8801
Phone: [phone]
M

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26 1. f.
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12 500
SCALE: 1' = 500 CONTOUR INTERVAL= 4 FT
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Jurisdictional Stream(s)
Jurisdictional Wetland(s)
: Jurisdictional Linear Wetland(s)
Total Acreage of Site : +/- 125 acres
Jurisdictional Stream(s) : 1378 Linear Feet
Jurisdictional Wetland(s) : 0.004 acres
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