20140123 Ver 1_401 Application_20140214

CLearWaLer
C1earWater Environmental Consultants, Inc.
February 6, 2014 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 DWR, Webscape Unit
512 North Salisbury Street
Raleigh, North Carolina 27604
RE: Ansley at Roberts Lake ( +/- 25 AC)
Hathaway Development Partners, LLC
Buncombe County, North Carolina
Ms. McCormick and Ms. Higgins,
The attached Pre - Construction Notification (PCN) is being submitted on behalf of Hathaway
Development Partners, LLC represented by Mr. Nick Hathaway. The project site, known as
Ansley at Roberts Lake (formerly Hathaway Apartments) is located off Clayton Road in Arden,
Buncombe County, North Carolina. The applicant is seeking a Nationwide Permit 29 and 27 for
the development of an apartment complex and associated infrastructure; and a stream restoration
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 Resources,
Asheville Regional Office.
Respectfully,
Rebekah L. Newton
Project Biologist
Copy Furnished:
NC Division of Water Resources, 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. Clement Riddle, P.W.S
Principal
PEP
? 2p•4

Corps Submittal Cover Sheet
Please provide the following info
1. Project Name Ansley at Roberts Lake (formerly Hathaway Apts.)
2 Name of Property Owner /Applicant: Hathaway Development Partners, LLC, Nick
Hathaway
3 Name of Consultant/Agent C1earWater Environmental Consultants, Inc
*Agent authorization needs to be attached.
4. Related/previous Action ID numbers(s): 2013 -02350
5. Site Address: 84 Clayton Road
6. Subdivision Name Ansley at Roberts Lake
7 City. Arden
8 County: Buncombe
9. Lat: 35.481956N Long: - 82.570152W (Decimal Degrees Please)
10. Quadrangle Name- Skyland
11. Waterway Clayton Creek
12. Watershed: French Broad 06010105
13. Requested Action:
Nationwide Permit #
General Permit #
x Jurisdictional Determination Request
Pre - Application Request
The following information will be completed by the Corps office:
Prepare File Folder
Authorization:
AID:
Assign number in ORM
Section 10 Section 404
Project Description/Nature of Activity/Project Purpose:
Site/Waters Name-
Keywords
Begin Date

-ear_ ater
C�
Department of the Army NCDENR
Wilmington District, Corps of Engineers NC DWR, Webscape Unit
Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins
PO Box 1890 512 North Salisbury Street
Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604
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 jurisdictional determination requests and permits to impact
Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. CEC is
authorized to provide supplemental information as needed at the request of the USACE
or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of
Engineers to enter upon the property herein described for the purposes of conducting on-
site investigations and issuing a determination associated with Wetlands and Waters of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
Property Owner of Record:
Property Owner of Address:
Phone Number:
Property Location:
Owner/Managing Partner
Printed Name-
Owner/Managing Partner Signature.
Date:
Si C" 1Z�
Qi-
224 South Grove Sheet, Suite F
Hendersonville, NC 28792
Phone: [phone]
www.cwenv.com

r Wa-ter
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402 -1890
-and -
NC Division of Water Quality
Attn. Karen Higgins
1650 Mail Service Center
Raleigh, NC 27699 -1650
1, the current landowner /managing partner of the property identified below, hereby
authorize ClearWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USACE or DWQ.
Property Owner of Record- zc`'-6
Property Owner Address: E6-0 2
Phone Number:
Property Location: Twb ►� : gG7y - q - 00
Owner/Managing partner Signature:
Date- %� - tf —/(S
224 South Grove Street, Suite F
Headersonville, NC 28792
Phone [phone] Fax- 828 - 698 -9003
www.Menv.com

0F O� W A
0 �
Office Use Only
Corps action ID no
DWQ project no
Form Version 1 3 Dec 10 2008
Page 1 of 12
PCN Form — Version 1 3 December 10, 2008 Version
Pre - Construction Notification PCN Form
A. Applicant Information
1.
Processing
1a
Type(s) of approval sought from the
Corps
®Section 404 Permit El Section 10 Permit
1b Specify Nationwide Permit (NWP) number 29 and 27 or General Permit (GP) number 3885 and 3890
1c
Has the NWP or GP number been venfied 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
[:1401 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
Ansley at Roberts Lake (formerly Hathaway Apartments)
2b
County
Buncombe
2c
Nearest municipality / town
Arden
2d
Subdivision name
Ansley at Roberts Lake
2e
NCDOT only, T I P or state
project no
n/a
3.
Owner Information
3a
Name(s) on Recorded Deed
TJ Roberts Heirs
3b
Deed Book and Page No
0762/0544
3c
Responsible Party (for LLC if
applicable)
Diana Roberts Laughter
3d
Street address
260 Williams Road
3e
City, state, zip
Fletcher, North Carolina 28732
3f
Telephone no
828 -687 -1958
3g
Fax no
n/a
3h
Email address
n/a
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 Property under option
4b
Name
Nick Hathaway
4c
Business name
(if applicable)
Hathaway Development Partners, LLC
4d
Street address
5901 -C Peachtree Dunwoody Road, Suite 125
4e
City, state, zip
Atlanta, Georgia 30328
4f
Telephone no
770 -448 -7047
4g
Fax no
n/a
4h
Email address
n/a
5.
Agent/Consultant Information (if applicable)
5a
Name
R Clement Riddle
5b
Business name
(if applicable)
ClearWater Environmental Consultants, Inc
5c
Street address
224 S Grove Street, Suite F
5d
City, state, zip
Hendersonville, North Carolina 28792
5e
Telephone no
828 -698 -9800
5f
Fax no
n/a
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)
9634 -79 -1540
lb Site coordinates (in decimal degrees)
Latitude 35 481956 Longitude - 82 570152
(DD DDDDDD) ( -DD DDDDDD)
1c Property size
+/- 25 acres
2. Surface Waters
2a Name of nearest body of water (stream, river, etc ) to
Clayton Creek
proposed project
2b Water Quality Classification of nearest receiving water
C
2c River basin
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 proposed project site contains an abandon pond and forbay, and out buildings adjacent to Clayton Road A large
grassed field is located centrally on the site Land use in the vicinity is residential and commercial
3b List the total estimated acreage of all existing wetlands on the property
Approximately 0 09 acre
3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property
Approximately 2,400 linear feet
3d Explain the purpose of the proposed project
The purpose of the proposed project is to develop a residential apartment complex and associated infrastructure
Additionally, the existing dam, pond, and Torbay would be removed and the stream channel restored
3e Describe the overall project in detail, including the type of equipment to be used
The residential development and associated infrastructure would be constructed using typical construction and earth
moving equipment Dam removal (in accordance with RGL 05 -04 dated August 19, 2005) would include lowering the
water level in the pond, use of coffer dams to separate stream flow and pond sediments, and removal of the dam
Stream restoration includes construction of a new channel through the old pond bottom using natural channel design
techniques, such as, use of bolder steps, and use of constructed riffles A temporary and permanent seed mix, along with
live stakes (placed every 3 feet in a diamond pattern, would be planted at the site A gravity -fed water intake would be
placed in the newly constructed stream channel to maintain a permanent pool elevation in the proposed wet detention
basin (designed according to the NCDENR Stormwater BMP Manual) The intake would be installed without impact to
the newly constructed stream channel
4. Jurisdictional Determinations
4a Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No El Unknown
project (including all prior phases) in the past
Comments
4b If the Corps made the jurisdictional determination, what type
❑Preliminary Final
of determination was made
4c If yes, who delineated the jurisdictional areas?
Agency /Consultant Company ClearWater Environmental
Name (if known) R Newton and K Mitchell
Other
4d If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation
Notification of Jurisdictional Determination dated January 17, 2014, Action ID 2013 -02350 (Attachment A)
Page 3 of 12
PCN Form — Version 1 3 December 10, 2008 Version

5. Project History
5a Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past'?
❑ Yes ® No ❑ Unknown
5b If yes, explain in detail according to "help file" instructions
6. Future Project Plans
6a Is this a phased project?
❑ Yes ® No
6b If yes, explain
Page 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
Impact #1 —Fill
(NW29)
Forested
® Yes
❑ No
® Corps
® DWQ
0 07
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
007
2h Comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted
3a
3b
3c
3d
3e
3f
3g
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 ®P ❑ T
Impact #2 —
Culvert (NW29)
UT Clayton Creek
® PER
❑ INT
® Corps
® DWQ
3
120
S2 ® P ❑ T
Impact #5 —
Culvert (NW29)
UT Clayton Creek
® PER
❑ INT
® Corps
® DWQ
3
25
S3 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S4 ❑ PMT
❑ PER
❑ Corps
❑ INT
❑ DWQ
S5 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
S6 ❑ P ❑ T
❑ PER
❑ Corps
❑ INT
❑ DWQ
3h Total stream and tributary impacts
145
31 Comments
Page 5 of 12
PCN Form — Version 1 3 December 10, 2008 Version

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U S then individually list all open water impacts below
4a
4b
4c
4d
4e
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ®P ❑ T
Roberts Lake
Impact #3 — NW27 Stream
Pond
142
Restoration Activities
Roberts Lake
Impact #4 — NW27 Stream
02 ®P ❑ T
Forbay
Restoration Activities and Road
Forbay
007
Construction
03 ❑P ❑T
04 ❑P ❑T
4f. Total open water impacts
149
4g Comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below
5a
5b
5c
5d
5e
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
P2
5f. Total
5g Comments
5h Is a dam high hazard permit required
❑ Yes ❑ No If yes, permit ID no
51 Expected pond surface area (acres)
5j Size of pond watershed (acres)
5k Method of construction
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
re uired�
61 ❑ P ❑ T
❑ Yes
❑ No
B2 ❑P
El Yes
❑ No
B3 ❑ PEI T
El Yes
❑ No
6h Total buffer impacts
61 Comments
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project
The originally proposed project included turning the existing pond into a stormwater feature This option was discussed at a
pre - application meeting held on December 10, 2013 The general agency consensus was that other options for stormwater
should be considered The proposed project has been redesigned to include breaching the dam, removing the pond, and
restoring the stream channel through the pond bottom A wet detention basin designed in accordance with the NCDENR
Stormwater BMP Manual would be constructed offline removing stormwater treatment from jurisdictional waters
1 b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques
Construction equipment would be operated from high ground The proposed stream channel would be constructed in the dry
The water level in the pond would be lowered prior to the dam breach and coffer dams would be utilized to separate the
stream channel from pond sediments
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
E:1 Payment to in-lieu fee program
projects
❑ 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 7of12
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 ❑cold
4d Buffer mitigation requested (DWQ only)
square feet
4e Riparian wetland mitigation requested
acres
4f Non - npanan wetland mitigation requested
acres
4g Coastal (tidal) wetland mitigation requested
acres
4h Comments
5. Complete if Using a Permittee Responsible Mitigation Plan
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
buffer mitigation?
❑ Yes ® No
6b If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation Calculate the
amount of mitigation required
Zone
6c
Reason for impact
6d
Total impact
(square feet)
Multiplier
6e
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
15
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
1 a
Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
lb
If yes, then is a diffuse flow plan included? If no, explain why
❑ Yes ❑ No
Comments
2.
Stormwater Management Plan
2a
What is the overall percent imperviousness of this project?
27%
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 proposed project would include bioretention cells and a wet detention basin to treat stormwater at the site
Stormwater features will be designed according to the NCDENR Stormwater BMP Manual The stormwater management
plan will be reviewed and approved by Buncombe County Buncombe County has been delegated local authority for
stormwater rules and regulations within its jurisdiction A copy of the stormwater plan
can be provided to DWR 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?
Buncombe County
® 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
❑ HOW
4a
Which of the following state - implemented stormwater management programs apply
❑ ORW
(check all that apply)
❑ Session Law 2006 -246
❑ Other
4b
Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5.
DWQ 401 Unit Stormwater Review
5a
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 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 Wetland Rules (15A NCAC 2H 0500), Isolated
Wetland Rules (15A NCAC 2H 1300), DWQ 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
This project includes the development of a residential apartment complex and associated infrastructure This project is
located in an already developed corridor and would not result in additional development that would increase 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 would be treated via the existing local municipal facility Sewer lines are currently
present at the site
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?
❑ Raleigh
5c
If yes, indicate the USFWS Field Office you have contacted
❑ Asheville
5d
What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS County data and the Natural Heritage Program GIS data
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 are five historic properties within 2 miles of the Ansley at Roberts Lake project
site the Biltmore Estate grounds (HPO Site ID BN1835) located approximately 1 1 miles from the site, the Blue Ridge
Parkway (HPO Site ID NC0001) located approximately 1 8 miles from the site, the Bent Creek Campus of the Appalachian
Forest Experimental Station (HPO Site ID BN0898) located approximately 2 miles from the site, Pisgah Forest Pottery (HPO
Site ID BN0594) located approximately 0 56 miles from the project site, and the DuBose House (HPO Site ID BN1840)
located approximately 2 miles from the site It is the opinion of CEC, that proposed activity is not likely to threaten the
integrity of these sites
8. 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
8c What source(s) did you use to make the floodplain determination? FEMA Map Service Center, map panel 9635 and 9634
(effective 1/6/2010)
Applicant/Agent's Printed Name
Date
Applicam/Agent's Signature
(Agent's signature is valid only d an authorization letter from the applicant
is provided
Page 11 of 12
PCN Form — Version 1 3 December 10, 2008 Version

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I low
f ^� L$O y� ar'� N
1 TOY pr
0 0.25 0.5 1
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CLearWater
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Site Vicinity
Figure 1

Ansley at Roberts Lake ( +/- 25 AC)
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t + , �� Project Boundary '° e
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Legend Pi • ,f . ;" 0 500 1,000 2,000
Project Boundary "�°-� s Feet
N 01.15.14; C P(oJe 17 i •�` °, y +� 4,\
Buncombe County, CLearWater USGS Topographic Map
North Carolina Skyland Quad
224 South Grove Street, Suite F Figure 2
Hendersonville, North Carolina 28792

I
PROJECT DATA
TOTAL PROJECT AREA
+/- 25 ac
JURISDICTIONAL- WATERS OF THE US
Streams
2,400 If
Wetlands
0.09 ac
Open Water
1.49 m
JURISDICTIONAL IMPACTS
Streams
145 If
Wetlands
0.07 ac
Open Water
149 ac
AVOJ[A F./�?1MMLATION
Streams
2,2SS If
Wetlands
0.02 ac
Open Water
Oac
Removal of ponds and restoration of approximately
600]£ of
stream.
Ansley at Roberts Lake ( +/- 25 AC)
impact #1
Wetland Impact 0.07AC
Qnckides 2 wadands)
Impact #2
Stream Impact 12OLF
Onctudea 3 stream segments)
)
O
OD �
t
Drawn by: RLN 02.04.14; CEC Project# 717
Source data: Civil Design Concepts and McAbee Surveying
• •,• �_ Impact #1
Wetland Impact 0.07AC
Qnchrdes 2 wetlands)
%�� — \�� ��•�\ Imped 03
�j �, _ • \�, - ., \ \�� Open Water 1.42AC
Impact #2
Stream Imped 12OLF
Ondudes 3 stream segments) `\
11 ,�
, s — , Infect #3
on -Ina wet Opa„ Wa[er,.42Ac
Detention Beam
Apprmdmete Location of Stream Restoration
1 Impact 05
%earn Impact 25LF
tone Wet_ \ ;
Detention Basin
It
'\\ 0 25 50 100
Feet
For Stream Restoration Plans, location
of proposed intake /outfall, and details
for the wet detention basin see Figure 3b -3e.
Impact 03 0 25 50 loo
V� YY i/ Open Water 1.42AC Feet
\ �
",\, % \
\\
l ,\
ORaine
Wet 4k
Detention Basin )
<\
X
\ \ \\ N, \ Impact a
On Nklar 0.07AC
r
7 / N
25LF
Buncombe County, CLearWater
North Carolina 224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
Proposed Stream 1 ,
Proposed Culvert - Weiland
...... StormwaterPipe Open Water
StreamRestoration Project Boundary
Existing CuNed
0 125 250 500
Feet
Ansely at Roberts Lake
Site Plan
Figure 3

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To
CIRCULAR
" y
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CULVERT
I— z
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a z v
STREAM ELEV 2079 55'
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STREAM ELEV.. 2099.74'
a
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0
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STREAM ELEV: 2099 75'
STREAM ELEV. 207714'
0
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6„ 6"
INVERT ELEV: 2097 86'
INVERT ELEV.. 2075.06'
CULVERT R DOWNSTREAM
CULVERT I DOWNSTREAM
co
NOTE-
CULVERTS GREATER THAN 48 INCHES IN DIAMETER WILL BE
cr
0
BURIED AT LEAST ONE FOOT BELOW THE BED OF THE STREAM.
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CULVERTS 48 INCHES IN DIAMETER OR LESS SHALL BE BURIED
z
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OR PLACED ON THE STREAM BED AS PRACTICAL AND
APPROPRIATE
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TO MAINTAIN AQUATIC PASSAGE, AND EVERY
EFFORT SHALL BE MADE TO MAINTAIN THE EXISTING CHANNEL
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m
25% DEPTH BELOW THE NATURAL STREAM BOTTOM TO PROVIDE
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FOR PASSAGE DURING DROUGHT OR LOW FLOW CONDITIONS
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NOTES:
1. TYPICAL POOL SECTIONS DRAWN LOOKING
DOWNSTREAM AT LEFT BENDING REACH; USE
MIRROR IMAGE FOR RIGHT BENDING REACH.
2. BANKS TO BE SEEDED, MULCHED, COVERED WITH
COIR MATTING AND LIVE STAKED. SEE DETAILS.
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TYPICAL Figure 3c
SECTIONS
SHEET 2 OF 4

8' MIN U/S & D/S
NON -WOVEN FILTER FABRIC
ANCHORED UPSTREAM
OF HEADERS
4' MIN
LENGTH OF RII
QCf -rIf1A1
EADER BOULDER
8" MAX
CREEK BED, SEE PROFILE
12" THICK LAYER
CLASS B STONE
)FOOTER BOUDLERS
ANCHOR V INTO BANK
1 BOULDER STEP
3 NTS
Ml AAI
TOE OF BANK (TYP)
FLOW TOP OF BANK (TYP)
A /111
MEDIAN AXIS COBBLE
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IIN 2' MEDIAN AXIS
OOTER BOULDER
PLAN
(CLASS B STONE NOT SHOWN FOR CLARITY)
THICKNESS CLASS B STONE
ITH SALVAGED GRAVEL OVERLAY
2 CONSTRUCTED RIFFLE
3 NTS
FINISHED THALWEG
PER PROFILE
SCARIFY SUBGRADE
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TO STONE PLACEMENT
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- TOP OF BANK
V MIN MATTING PLACED FLUSH WITH BANK SURFACE
WITHOUT BEING IN TENSION; LAP OVER
DOWN- STREAM / DOWN SLOPE SEAMS
12" WOOD STAKE PLACED IN
T O.0 DIAMOND PATTERN
/��� MATTING ANCHORED 1'
�%�!r //, ;� BELOW STREAM BED
2 NODES ABOVE GRADE
TIN DIAMOND PATTERN
HARD SOIL OR STONE MAY
BE PRESENT SEE NOTE 1
11 =1 I �' BASEFLOW W S
SMOOTH SURFACE, REMOVE
ALL DEBRIS AND SEED /MULCH I IL BEFORE PLACING MATTING r'r'' '' —I III—
SECTION
1 EROSION CONTROL MATTING
4 NTS
PERMANENT SEED MIX *
* APPLIED AT 0 5 LB /1,000 SF TO ALL DISTURBED AREAS
Common Name
Scientific Name
Percentage
Switchgrass
Parncum virgatum
30
Virginia Wild Rye
Elymus virgirncus
30
Deer Tongue
Parncum clandestinum
15
Golden Tickseed
Coreopsis tinctona
5
Showy Tickseed
Bidens anstosa
5
Ironweed
Vemonia gigantea
5
Fox Sedge
Carex vulpinoidea
10
TOTAL
O„
100
LIVE STAKE
MIN 3 NODES
SECTION
NOTES
1 FORM PILOT HOLE THROUGH HARD SOIL OR STONE TO
PREVENT DAMAGE TO STAKE
2 LIVE STAKE MIX TO INCLUDE AT LEAST TWO OF THE
FOLLOWING SPECIES: SILKY DOGWOOD, SILKY WILLOW,
ELDERBERRY, BUTTONBUSH
2 LIVE STAKING
4 NTS
TEMPORARY SEED MIX
APPLIED WITH PERMANENT MI
24"
T ^^ el
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UDS POINTED
PWARD
'TO 2"
kSE CUT
r 45 DEG
LIVE STAKE DETAIL
Application Dates
Common Name
Rate (lb /1,000 sf)
August 15 to May 1
Rye Grain
1.0
May 1 to August 15
Browntop Millet
03
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Ansley at Roberts Lake ( +/- 25 AC)

Ansley at Roberts Lake ( +/- 25 AC)

Attachment A
Junsdichonal Determination

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action I D 2013 -02350 County Buncombe U S G S Quad NC- Skyland
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner /Agent Diana Roberts Laughter , l-1
Address 260 Williams Road Fletcher, North Carolina 28732
Telephone No 828- 687 -1958
Property description
Size (acres) + -25 acres Nearest Town Arden
Nearest Waterway. Clayton Creek River Basin French Broad
Coordinates 35 481956 N, -82 570152 W Hydrologic Unit Code 06010105
Location Description The site is located off of Clayton road, PiN 9634 -79 -1540, Arden, Buncombe County, North
Carolina
Indicate Which of the Following Applv:
A. Preliminary Determination
_ Based on preliminary informahon, 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 junsdictional determination must be verified by the Corps This preliminary determination is not an
appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 33 1) ) If you
wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction
Also, you may provide new information for further consideration by the Corps to reevaluate the JD
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification
X There are waters and wetlands on the above described property subject to the permit requirements of Section 404 of the
Clean Water Act (CWA)(33 USC 5 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 Fora
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 venfied, 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 penod 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 ld . 2013 -02350
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 y 1311) If you have any questions regarding this
detemmmation and/or the Corps regulatory program, please contact Tasha McCormick at 828 -271 -7980
C. Basis For Determination
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Interim
Regional Supplement to the Corpc of Engineers l-Vetlands Delineation Alanual Eastern Mountain and Piedmont Region These
wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high water marks The
stream channels on the property are Clayton Creek and its unnamed tributary which flow into the French Broad River . The
French Broad River is located within the French Broad - Holston watershed and eventually drains to the Gulf of Mexico
Specifically, the French Broad River merges with the Holston River to form the Tennessee River The Tennessee River then
drains to the Ohio River and then on to the Mississippi River before entering the Gulf of Mexico
D. Remarks: Two impoundments are located on the unnamed tributary to Clayton Creek. The site visit was
conducted on November 7, 2013 with Kevin Mitchell (ClearWater Environmental). Waters and wetlands are
accurately depicted on the updated map labeled figure 5, dated December 10, 2013.
E. Attention USDA Program Participants
This deh neat ion/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985 If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting wort..
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
Attached to this verification is an approved jurisdictional determination If you are not in agreement with that approved
jurisdictional determination, you can make an administrative appeal under 33 CFR 331 Enclosed you will find a request for
appeal (RFA) form If you request to appeal this determination you must submit a completed RFA form to the following
address
US Army Corps of Engineers
South Atlantic Division
Attn Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 3315, and that it has been received by the Division Office within 60 days of the date of the NAP
Should you decide to submit an RFA form, it must be received within 60 days of 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 ** Of
Corps Regulatory Official Tasha McCormack
Issue Date January 17, 2014 Expiration Date January 17, 2019
2

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 hap / /per2 nwp usace army mil/survey html
to complete the survey online
CF Clement Riddle, ClearWater Environmental, 224 South Grove Street, Suite F, Hendersonville, NC 28792
3

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Impact #2
Stream Impact 120LF
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Source dat ivi D g oncepts and McAbee Surveying
Buncombe County,
North Carolina
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Impact #2
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/ (includes 3 stream segments)
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Impact #3
Open Water 1.42AC
Approximate Location of Stream Restoration
5 Impact #4
Open Water 0.07AC
Impact #5
Stream Impact 25LF
Off -line Wet
\\ Detention Basin
\J�
Lear Water
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
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n 1 inch = 50 feet
Impact #1
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LN)
� . .4
Off -line Wet
Detention Basin
Impact #3
{r I
Open Water 1.42AC
f f rfJ \
For Stream Restoration Plans, location
of proposed intake /outfall, and details
for the wet detention basin see Figure 3b -3e.
JImpact #3
Open Water 1.42AC
15
�5
1
1
1
I F pact #4
Open Water 0.07AC
I
Impact #5 1y
Stream Impact 25LF I
III
II
1 inch = 50
Legend
Proposed Stream
Proposed Culvert Wetland
- - - - - - - StormwaterPipe Open Water
Stream Restoration Project Boundary
Existing Culvert
0 125 250
QT1
f r r r f
Ansely at Roberts Lake
Site Plan
Figure 3
500
!I Feet
PROJECT DATA
TOTAL PROJECT AREA
+/- 25 ac
JURISDICTIONAL WATERS OF THE US
Streams
2,400 If
Wetlands
0.09 ac
Open Water
1.49 ac
JURISDICTIONAL IMPACTS
Streams
145 If
`f
Wetlands
0.07 ac
Open Water
1.49 ac
r f
AVOIDANCEMNIM IZATION
Streams
2,255 If
Wetlands
0.02 ac
Open Water
0 ac
Removal of ponds and restoration of approximately 600 If of
stream.
r
f
�O V
L L
Impact #1
Wetland Impact 0.07AC
(includes 2 wetlands)
,l
x,
Impact #2
Stream Impact 120LF
(includes 3 stream segments),
f , 44k
<�1f
5
t M1 11 . - .1�t': � � ♦ \, A �
Off -line Wet `
Detention Basin
1, \&&\
• *� `l
I
Drawn by: LN 0 .0 4 �EC Project# 717
Source dat ivi D g oncepts and McAbee Surveying
Buncombe County,
North Carolina
I
1
1
I
`'x 4
-,N\ \5
-t_
Impact #2
Stream Impact 120LF
/ (includes 3 stream segments)
� F
• i
-
I
I
/
L11
Impact #3
Open Water 1.42AC
Approximate Location of Stream Restoration
5 Impact #4
Open Water 0.07AC
Impact #5
Stream Impact 25LF
Off -line Wet
\\ Detention Basin
\J�
Lear Water
224 South Grove Street, Suite F
Hendersonville, North Carolina 28792
\O
I�
a
n 1 inch = 50 feet
Impact #1
Wetland Impact 0.07AC
(includes 2 wetlands)
LN)
� . .4
Off -line Wet
Detention Basin
Impact #3
{r I
Open Water 1.42AC
f f rfJ \
For Stream Restoration Plans, location
of proposed intake /outfall, and details
for the wet detention basin see Figure 3b -3e.
JImpact #3
Open Water 1.42AC
15
�5
1
1
1
I F pact #4
Open Water 0.07AC
I
Impact #5 1y
Stream Impact 25LF I
III
II
1 inch = 50
Legend
Proposed Stream
Proposed Culvert Wetland
- - - - - - - StormwaterPipe Open Water
Stream Restoration Project Boundary
Existing Culvert
0 125 250
QT1
f r r r f
Ansely at Roberts Lake
Site Plan
Figure 3
500
!I Feet