20211471 Ver 1_SAW-2020-01761 Bartlett Glen Cove UA Letter_20201103

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
151 PATTON AVENUE
ROOM 208
ASHEVILLE, NORTH CAROLINA 28801-5006
November 3, 2020
Regulatory Division
Action ID No.: SAW-2020-01761
Chester and Karen Bartlett
Post Office Box 2084
Bryson City, North Carolina 28713
Dear Mr. and Ms. Bartlett,
Our Asheville Regulatory Field Office (Corps) received several emails from
Mr. Kevin Seagle in September 2020, submitted in your behalf, pertaining to several
roadway culverts installed within the Bartlett Glen Cove residential development off East
Alarka Road near Bryson City in Swain County, North Carolina.
Corps staff inspected multiple culverts installed under roadways within the
development on October 22, 2020. The purpose of this inspection was to determine
whether or not the installation of the culverts violated the Clean Water Act (CWA)
pursuant to Department of Army's (DA) authorities. The United States Army Corps of
Engineers administers Section 404 of the CWA which requires issuance of a DA permit
to anyone discharging dredged or fill material into waters of the United States (i.e.,
wetlands, streams, lakes, and marine waters).
Based on the site inspection, you are responsible for fill being placed in waters of the
U.S. (WoUS) resulting from the installation of culverts for several roadway stream
crossings in the development without authorization from the DA. The residential
development includes unnamed tributaries (UTs) which flow into Little Alarka Creek and
ultimately into the Little Tennessee River. Aerial imagery of the site, U.S. Geological
Survey topographic maps, and other geographic information system data layers clearly
depict these UTs within the development.
The Corps has initially determined 240-340 linear feet of streams and potentially
some wetlands were filled to construct the piped stream crossings. These activities,
undertaken in WoUS without the prior approval from this office in the form of a DA
permit, constitutes violations of Section 301 of the CWA (33 USC 1311). By copy of this
letter, you should cease and desist from any further unauthorized work within WoUS,
including wetlands.

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In order to determine the appropriate course of action in this matter, we request that
you provide the following information in writing no later than December 15, 2020:
A detailed accounting of all grading, filling, flooding, and/or mechanized land
clearing that has occurred in WoUS within the development since 2006. This
accounting must disclose in detail:
a. the length and/or area of WoUS affected by grading, filling, mechanized land
clearing, and/or flooding;
b. the date the work was conducted;
c. the name and current address of the person(s) who conducted the work;
d. the purpose of the work; and,
e. an accounting of all historic (pre-2006) stream crossings within the
development detailing the location, length and approximate year the crossing
was installed.
2. A statement regarding your intention to resolve this matter either through full
restoration of the impacted streams and wetlands or after -the -fact permitting, or a
combination of permitting and restoration. Do note, activities conducted in areas
outside of DA jurisdiction as well as unauthorized activities conducted within
WoUS at the development do not imply that the Corps will necessarily approve
impacts to WoUS noted above nor any future proposed impacts to WoUS within
the development.
Also, in order to aid in quantifying existing and historic impacts to jurisdictional
features and avoid further unauthorized impacts to these aquatic resources within the
development, we strongly recommend that you conduct a jurisdictional delineation of all
WoUS within the development and submit the completed delineation results along with
a Jurisdictional Determination (JD) request (attached) to our office for verification.
Please submit the completed JD request package on or before February 6, 2021.
Failure to comply with this request may result in referral of this matter to the United
States Attorney with a recommendation for appropriate action.
If you have any questions regarding this notice, please contact Mr. David Brown by
telephone at 828-271-7980, ext. 4232 or by e-mail at david.w.brown @usace.army.mi1.
FOR THE COMMANDER
Digitally 0.11.0 1 21-17 MICHAELSCOTT.1258314073
Nv Date: 2020.11.0310:21:17-OS'00'
Scott Jones, PWS
Chief
Asheville/Charlotte Regulatory Field Offices
Enclosure

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cc:
Mr. R. Andrew Murray
U.S. Attorney
Western District of North Carolina
227 West Trade Street, Suite 1650
Charlotte, North Carolina, 28202
Mr. Christopher Parker
Soil Scientist
U.S. Environmental Protection Agency - Region IV
Enforcement and Compliance Assurance Division
Surface Water and Groundwater Section
61 Forsyth Street SW
Atlanta, Georgia 30303-8960
Mr. Andrew Moore
North Carolina Department of Environmental Quality
Division of Water Resources
Swannanoa Regional Office
2090 U.S. Highway 70
Swannanoa, North Carolina 28778
Ms. Andrea Leslie
North Carolina Wildlife Resources Commission
645 Fish Hatchery Road
Marion, North Carolina 28752
Mr. Bill Marr
Director of Inspections
Swain County
P.O. Box 2321
Bryson City, North Carolina 28713

urisdictional Determination Reauest
US Army Corps
of Engineers
Wilmington District
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.usace.LM.mil/Missions/Re ug latoiyPennitProgram/Contact/CountyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: [phone]
Fax Number: [phone]
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: [phone]
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
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 also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address:
City, State:
County:
Parcel Index Number(s) (PIN):
B. REQUESTOR INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
Select one:
❑ I am the current property owner.
❑ I am an Authorized Agent or Environmental Consultant'
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address:
1 Must provide completed Agent Authorization Form/Letter.
2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
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Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Print Name
Capacity: ❑ Owner ❑ Authorized Agent'
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
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Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
❑ Size of Property or Review Area acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
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Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
Project Coordinates (Decimal Degrees): Latitude:
Longitude:
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than I Ix17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).6
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
■ Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
❑ Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ulatory-Permit-
Pro gram/Jurisdiction/
Version: May 2017 Page 5

Jurisdictional Determination Request
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
Vicinity Map
Aerial Photograph
USGS Topographic Map
F-J Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Landscape Photos (if taken)
NCWAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
' www.saw.usace.gM.mil/Portals/59/docs/re ug latorregdocs/JD/RGL 08-02_App_A_Prelim _JD_Form _fillable.pdf
' Please see http://www.saw.usace.army.mil/Missions/Re ug latory-Permit-Proaram/Jurisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and on the Headquarters USAGE website.
Disclosure: Submission of requested information is voluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6