20071516 Ver 1_401 Application_20070907

WNZ
07-1516
Wetland and Natural Resource
Consultants, Inc.
raY`!~1Ei~T
REC;EIUED
To: US Army Corps of Engineers
Attn: Ms. Liz Hair
151 Patton Ave, Room 208
Asheville, NC 28801-5006
Re: GHC Land Development, LLC
Rebecca's Pond (49.362 acres)
Henderson County, North Carolina
DWQ NOV 7006 3450 0002 7064 0130
Liz and Kevin:
August 30, 2007
NC Division of Water Quality
Attn: Mr. Kevin Barnett
2090 US Highway 70
Swannanoa, NC 28778
ScP 6 - 2007
DENR - WAl"FR QvAUIY
~(ANOS av0 S70!i~~yq~ BRANCH
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr.
Gene Carswell of GHC Land Development, LLC for the project known as Rebecca's Pond
in Henderson County, North Carolina. GHC Land Development, LLC currently owns
49.362 acres within Hendersonville in Henderson County, North Carolina and is seeking
after the fact permit authorization under Nationwide Permit 29 for impacts associated
with the construction of a residential development and an amenity pond.
Site History
Mr. Gene Carswell bought 16 acres close to eight years ago as a parcel to build his
retirement home. He constructed the pond and replaced an existing road crossing pipe
that was there to handle stormwater flows, according to the previous property owner.
Gene's retirement plan then decreased significantly so he decided to borrow money to
purchase an additional 34 acres to develop in order to create a retirement for himself
and his wife.
Gene upholds the position that the drainageway was not jurisdictional eight years ago
when the majority of the work was completed. His actions of uncovering a spring and
pumping water to the drainage feature from a well have created the current conditions.
There is a headcut below the pond where Gene indicates the stream has always begun.
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

There is no defined stream channel from the pond down to this headcut. Even though
Gene believes that the work that has been completed on his property has been within
areas that were not jurisdictional, the permit application accounts for all work
completed within the drainage that he has completed since purchasing the original 16
acres nearly eight years ago. The application also accounts for impact at the pipe that
he replaced.
The two support structures within the pipe were installed when the pipe was originally
installed (when replacing the existing pipe). Gene installed these two structures for
additional support. The pipe is not collapsing. The small pond above the road and the
waterfall features were installed five years ago. Piped water from the uncovered spring
and piped water from a well feed this upper smaller pond which then feeds the larger
pond. Water is re-circulated from the pond.
Impact Justification /Avoidance and Minimization
The impacts at Rebecca's Pond are minimal (0.076 acre) and have been limited to the
greatest extent possible in order to gain access to high ground across the linear
wetland and to create an amenity pond. The upper small pond was constructed as a
catchment pond for the spring and well water. This pond and the small waterfall below
this pond serve as an aesthetic amenity at the road crossing. There are no stream,
impacts and wetland impacts have been minimized to less than 0.10 acre which
typically can be assumed as long as the proponent meets the regional conditions and
certification conditions.
NOV Response
1. "Please explain why these impacts occurred without prior authorization."
Please see the history of the project above. Gene has stated that he checked with all of
the regulatory agencies that he thought he needed to prior to construction. These
agencies indicated to him that he had all necessary approvals. The regulated stream
originates below his pond and the linear wetland was created.
2. "Please provide documentation that all jurisdictional water features (e.g. streams,
wetlands, buffers) located within the property. This plan should also describe and
quantify the impacts to those jurisdictional features, and should include plans to
avoid further stream and wetland impacts on the site."
Please see the attached impact and site plan maps which show all jurisdictional features
as well as the impact locations and totals. No additional impacts to the linear wetland
or the stream will occur. The pond and stream are within the common open space. A
deed notification for lots 7, 9, 10, and 24 will be developed.
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

3. ~~Please submit the following document for review and approval:..."
Gene is requesting approval for the impacts that have occurred on site to the linear
wetland. Mud Creek is classified as "C" waters however the floodplain area on lot 24
will not be developed so a large buffer will remain along Mud Creek, which is also the
property line.
Should you have any questions regarding the attached PCN and supplemental
information, do not hesitate to contact me at [phone]. A copy of this package
has been sent to Mr. David McHenry of the NC Wildlife Resources Commission and the
Asheville Field Office of the US Fish and Wildlife Service.
Best regards,
~~-~
Jennifer L Robertson
Enclosures:
Agent Authorization Form
Project Summary Sheet
Pre-Construction Notification Application Form (8 pages)
Impact and Site Plan Maps (2)
Topo and Vicinity Maps (3)
Aerial Photo, FEMA, and GIS Stream Map
Tax Parcel Map
Soils Map
DWQ Stream Classification
Corps JD Wetland Data Form
Photograph Summary and Photographs (5 pages)
**Should you not receive the above attachments with this correspondence,
please contact us immediately so that we may provide this supplemental
information.**
cc: David McHenry - NC WRC
Cyndi Karoly - NC DWQ (4 copies)
Asheville Field Office - US FWS
Gene Carswell - GHC Land Development, LLC
Canton Office
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

~Flug 28 07 03:34p Gene Carswell 828-697-0060 p.l
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Wetland and Natura! Resource
Consultants, :nt;.
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken loliey, Chief Regulatory Division.
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
ltiC Division of `J~ater Qualit•J
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 2760-2260
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I, the current landowner of the prcpesty identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc. to art on my behalf as my agent during the processing of permits to
impac~~ Wetlands and Waters of the lSS that are rc~guiated by the Clean ifU'ater Act and the
Rivers and Harbors Act.
Federal and State agents are authorized to be on said properly when accompanied by bVetland
and Natura! Resource Consultants, Inc. staff.
Wetland and Natural Resource Consultants, Inc. is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWO.
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Property Owner of Record: ~' ~ ij -, ~ ° ~'` ~~ ~? .•~ ~ ,~ %'
Address: ~~~~~.~,Cs.~` R11`~~t F' t~.
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Phone Number: ~S'
Property Location:
Owners 5gnature:
Date:
Canton O~cc
PO Box 882
Canton. NC 28716
s2s-64s-asQ!
838-648-8802 Fax
wnrdnc.com
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PO Box 224
Newton. NC 2$658
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828-465-3050 Fax

Project Summary Sheet for the Corps
Owner/Applicant
Name: Mr. Gene Carswell
Mailing Address: GHC Land Development, LLC
119 Woodhaven Drive
Hendersonville, North Carolina 28739
Phone Number: 828-243-6826
Street Address of Project: Crab Creek Road
Nearest Waterway: Mud Creek
River Basin: French Broad River Basin
Nearest City: Hendersonville
County: Henderson County
Decimal Degree Coordinate Location of Project Site: 35.154338 N
82.294852 W
USGS Quadrangle Name: Hendersonville

Office Use Only: Form Version March OS
USACE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing 0 7- 1 5 1 6
Check all of the approval(s) requested for this project:
® Section 404 Permit ^ Riparian or Watershed Buffer Rules
^ Section 10 Permit ^ Isolated Wetland Permit from DWQ
® 401 Water Quality Certification ^ Express 401 Water Quality Certification
2. Nationwide, Regional or General Permit Number(s) Requested: ATF NW 29
3. If this notification is solely a courtesy copy because written approval for the 401 Certification
is not required, check here: ^
4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed
for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII,
and check here: ^
5. If your project is located in any of North Carolina's twenty coastal counties (listed on page
4), and the project is within a North Carolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information ~, ~ ~ ~ ~~
ScP ~ - 2007
1. Owner/Applicant Information
Name: Mr. Gene Carswell pE1JR _ y~pl ER QUALITY
Mailing Address: GHC Land Development, LLC YVETt,AND3 Ac~D 5T0ltP~!^!ATF~R BRANCH
119 Woodhaven Drive
Hendersonville, North Carolina 28739
Telephone Number: 828-243-6826 Fax Number:
E-mail Address:
2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter
must be attached if the Agent has signatory authority for the owner/applicant.)
Name: Jennifer Robertson
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: Post Office Box 882
Canton, North Carolina 28716
Telephone Number: 828-712-9205 Fax Number: 828-648-8802
E-mail Address: Jennifer.Robertson(a,,wetland-consultants.com
Updated 11/1/2005
Page 1 of 8

III. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local
landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property
boundaries and development plans in relation to surrounding properties. Both the vicinity map
and site plan must include a scale and north arrow. The specific footprints of all buildings,
impervious surfaces, or other facilities must be included. If possible, the maps and plans should
include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property
boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion,
so long as the property is clearly defined. For administrative and distribution purposes, the
USACE requires information to be submitted on sheets no larger than 11 by 17-inch format;
however, DWQ may accept paperwork of any size. DWQ prefers full-size construction
drawings rather than a sequential sheet version of the full-size plans. If full-size plans are
reduced to a small scale such that the final version is illegible, the applicant will be informed that
the project has been placed on hold until decipherable maps are provided.
1. Name of project: Rebecca's Pond
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): Deed Book 1179 Page 755 and Deed Book 1209
Page 442
4. Location
County: Henderson Nearest Town: Hendersonville
Subdivision name (include phase/lot number): Rebecca's Pond
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-26
S to US Hwy 64 toward Hendersonville. Take a left on Church Street in Hendersonville.
Take a right on Kanuga Road. Once Kanu~a Road turns into Crab Creek Road the site will
be on the left. See the attached USGS maps.
5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 35.154338 °N 82.294852 °W
6. Property size (acres): 49.362 acres
7. Name of nearest receiving body of water: Mud Creek
8. River Basin: French Broad River Basin
(Note -this must be one of North Carolina's seventeen designated major river basins. The
River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.)
Updated 11/1/2005
Page 2 of 8

9. Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: The site is currentl~ing developed as a residential
subdivision. General land use is residential agricultural and forest land See the permit
cover letter a history of Mr. Gene Carswell's ownership and previous upgrades to the
property.
10. Describe the overall project in detail, including the type of equipment to be used: The
proiect will include a residential development and associated infrastructure Typical earth-
movin>? and construction equipment will be utilized on site
11. Explain the purpose of the proposed work: The purpose of the proposed work was to build
an access road to high ground for the use in development of access for the residential lots and
to construct an amenity pond with a waterfall feature
IV. Prior Project History
If jurisdictional determinations and/or permits have been requested and/or obtained for this
project (including all prior phases of the same subdivision) in the past, please explain. Include
the USACE Action ID Number, DWQ Project Number, application date, and date permits and
certifications were issued or withdrawn. Provide photocopies of previously issued permits,
certifications or other useful information. Describe previously approved wetland, stream and
buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project,
list and describe permits issued for prior segments of the same T.I.P. project, along with
construction schedules. This is an after the fact ep rmit application so the work described has
already been completed on site. All of the impacts are in place and we are asking f~pproval of
all impacts.
V. Future Project Plans
Are any future permit requests anticipated for this project? If so, describe the anticipated work,
and provide justification for the exclusion of this work from the current application.
No future project plans are anticipated at this time
VI. Proposed Impacts to Waters of the United States/Waters of the State
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
wetlands, open water, and stream channels associated with the project. Each impact must be
listed separately in the tables below (e.g., culvert installation should be listed separately from
riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts,
permanent and temporary, must be listed, and must be labeled and clearly identifiable on an
accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial)
should be shown on a delineation map, whether or not impacts are proposed to these systems.
Wetland and stream evaluation and delineation forms should be included as appropriate.
Photographs may be included at the applicant's discretion. If this proposed impact is strictly for
Updated 11/1/2005
Page 3 of 8

wetland or stream mitigation, list and describe the impact in Section VIII below. If additional
space is needed for listing or description, please attach a separate sheet.
1. Provide a written description of the proposed impacts: The impacts associated with
this project include the fill, flooding and piping of a linear wetland.
2. Individually list wetland impacts. Types of impacts include, but are not limited to
mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams,
separately list impacts due to both structure and flooding.
Wetland Impact
Site Number
(indicate on map)
Type of Impact Type of Wetland
(e.g., forested, marsh,
herbaceous, bog, etc.) Located within
100-year
Floodplain
( es/no) Distance to
Nearest
Stream
(linear feet) Area of
Impact
(acres)
1 Fill Linear, Herbaceous No 400 0.006
2 Pipe Linear, Herbaceous No 350 0.004
3 Flooding Linear, Herbaceous No 300 0.053
4 Pipe Linear, Herbaceous No 50 0.013

Total Wetland Impact (acres) 0.076
3. List the total acreage (estimated) of all existing wetlands on the property: ~ 0.178 acres
4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary
impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam
construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib
walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed,
plans and profiles showing the linear footprint for both the original and relocated streams
must be included. To calculate acreage, multiply length X width, then divide by 43,560.
Stream Impact
Number
(indicate on ma)
Stream Name
Type of Impact
Perennial or
Intermittent? Average
Stream Width
Before Im act Impact
Length
(linear feet) Area of
Impact
(acres)
No impacts

Total Stream Impact (by length and acreage) 0
5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic
Ocean and any other water of the U.S.). Open water impacts include, but are not limited to
fill, excavation, dredging, flooding, drainage, bulkheads, etc.
Updated 11/1/2005
Page 4 of 8

Open Water Impact
Site Number
(indicate on ma)
Name of Waterbody
(if applicable)
Type of Impact Type of Waterbody
(lake, pond, estuary, sound, bay,
ocean, etc.) Area of
Impact
(acres)
No impacts

Total Open Water Impact (acres) 0
6. List the cumulative im act to all Waters of the U.S. resultin from the ro'ect:
Stream Impact (acres): 0
Wetland Impact (acres): 0.076
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.076
Total Stream Impact (linear feet): 0
7. Isolated Waters
Do any isolated waters exist on the property? ^ Yes ®No
Describe all impacts to isolated waters, and include the type of water (wetland or stream) and
the size of the proposed impact (acres or linear feet). Please note that this section only
applies to waters that have specifically been determined to be isolated by the USACE.
8. Pond Creation
If construction of a pond is proposed, associated wetland and stream impacts should be
included above in the wetland and stream impact sections. Also, the proposed pond should
be described here and illustrated on any maps included with this application.
Pond to be created in (check all that apply): ^ uplands ^ stream ®wetlands
Describe the method of construction (e.g., dam/embankment, excavation, installation of
draw-down valve or spillway, etc.): dam/embankment with outlet pipe
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): recreation and aesthetic
Current land use in the vicinity of the pond: forested
Size of watershed draining to pond: 20 acres Expected pond surface area: 0.55 acre
VII. Impact Justification (Avoidance and Minimization)
Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide
information related to site constraints such as topography, building ordinances, accessibility, and
financial viability of the project. The applicant may attach drawings of alternative, lower-impact
site layouts, and explain why these design options were not feasible. Also discuss how impacts
were minimized once the desired site plan was developed. If applicable, discuss construction
techniques to be followed during construction to reduce impacts. Please see the cover letter for
a detailed impact iustification. Impacts on site have been minimized to the maximum extent
practicable. All proposed impacts are necessary for development of the site including the pond
and road crossing construction.
Updated 11/1/2005
Page 5 of 8

VIII. Mitigation
DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC
Division of Water Quality for projects involving greater than or equal to one acre of impacts to
freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial
streams.
USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide
Permits, published in the Federal Register on January 15, 2002, mitigation will be required when
necessary to ensure that adverse effects to the aquatic environment are minimal. Factors
including size and type of proposed impact and function and relative value of the impacted
aquatic resource will be considered in determining acceptability of appropriate and practicable
mitigation as proposed. Examples of mitigation that may be appropriate and practicable include,
but are not limited to: reducing the size of the project; establishing and maintaining wetland
and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of
aquatic resource functions and values by creating, restoring, enhancing, or preserving similar
functions and values, preferable in the same watershed.
If mitigation is required for this project, a copy of the mitigation plan must be attached in order
for USACE or DWQ to consider the application complete for processing. Any application
lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete.
An applicant may also choose to review the current guidelines for stream restoration in DWQ's
Draft Technical Guide for Stream Work in North Carolina, available at
http://h2o.enr.state.nc.us/ncwetlands/strmgide.html.
1. Provide a brief description of the proposed mitigation plan. The description should provide
as much information as possible, including, but not limited to: site location (attach directions
and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet)
of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view,
preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a
description of the current site conditions and proposed method of construction. Please attach
a separate sheet if more space is needed.
No mitigation is proposed.
2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement
Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at
[phone] to determine availability, and written approval from the NCEEP indicating
that they are will to accept payment for the mitigation must be attached to this form. For
additional information regarding the application process for the NCEEP, check the NCEEP
website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please
check the appropriate box on page five and provide the following information:
Amount of stream mitigation requested (linear feet):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
Updated 1 Ul/2005
Page 6 of 8

Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federal/state/local) funds or the use of
public (federal/state) land? Yes ^ No
2. If yes, does the project require preparation of an environmental document pursuant to the
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA
coordinator at [phone] to review current thresholds for environmental documentation.
Yes ^ No ^
3. If yes, has the document review been finalized by the State Clearinghouse? If so, please
attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^
X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ)
It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to
required state and local buffers associated with the project. The applicant must also provide
justification for these impacts in Section VII above. All proposed impacts must be listed herein,
and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a
map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ
Regional Office may be included as appropriate. Photographs may also be included at the
applicant's discretion.
1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233
(Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC
2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please
identify )? Yes ^ No
2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers.
If buffer mitigation is required calculate the required amount of mitigation by applying the
buffer multipliers.
* Impact Required
Zone , ~..~ro F o,~ Multiplier ,~,,;*;, ,,,;~„
1 I I 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additiona120 feet from the edge of Zone 1.
3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e.,
Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the
Riparian Buffer Restoration Fund). Please attach all appropriate information as identified
within 15A NCAC 2B .0242 or .0244, or .0260.
Updated 11/1/2005
Page 7 of 8

XI. Stormwater (required by DWQ)
Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss
Stormwater controls proposed in order to protect surface waters and wetlands downstream from
the property. If percent impervious surface exceeds 20%, please provide calculations
demonstrating total proposed impervious level. Stormwater on site will be treated by gassed
swales and existing buffers. Impervious surface would have to exceed 18,000 square feet per lot
in order to exceed 20%.
XII. Sewage Disposal (required by DWQ)
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 on site will be treated by individual septic tanks (24 of them) on each lot.
XIII. Violations (required by DWQ)
Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules?
Yes ® No ^
Is this anafter-the-fact permit application? Yes ® No ^
XIV. Cumulative Impacts (required by DWQ)
Will this project (based on past and reasonably anticipated future impacts) result in additional
development, which could impact nearby downstream water quality? Yes ^ No
If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with
the most recent North Carolina Division of Water Quality policy posted on our website at
http:l/h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This
project will not result in additional development which would impact nearby downstream water
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufficiently in advance of desired
construction dates to allow processing time for these permits. However, an applicant may
choose to list constraints associated with construction or sequencing that may impose limits on
work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and
Threatened Species, accessibility problems, or other issues outside of the applicant's control).
_-~~~~
Appl' ant/Ag~t's Signature ~ Date
(Agent's Sig ature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 8 of 8

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Name: HENDERSONVILLE
Date: 8/20/2007
Scale: 1 inch equals 4000 feet
Location: 035° 15' 41.76" N 082° 29' 35.24" W
Caption: Rebecca's Pond
G.H.C. Land Development, LLC

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Date: 8/20/2007 Caption: Rebecca's Pond
Scale: 1 inch equals 1000 feet G.H.C. Land Development, LLC
1997, Maptech, Inc.

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***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction,
and is compiled from recorded deeds, plats, and other public records and data. Users of
this map are hereby notified that the aforementioned public primary information sources
should be consulted for verification of the information contained on this map. The
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contained on this map.
LEGEND
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Text maps to 46645 3
http: //maps. google. com/maps/mm?f=s&ie=UTF8&hl=en&11=35.261827,-82.497003 &spn=... 9/4/2007

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Aerial, FEMA, and Stre~r~ Map
***WARNING: THIS iS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction,
and is compiled from recorded deeds, plats, and other public records and data. Users of
this map are hereby notified that the aforementioned public primary information sources
should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information
contained on this map.
LEGEND

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NC DENR - DMSON OF WATER QUALITY
.0304 FRENCH BROAD RIVER BASIN
2B .0300

Name of Stream
Description
Class Class
Date
Index No.
FRENCH BROAD RIVER From Mills River to North B 08/01/02 6-(54.5)
Carolina-Tennessee State
Line
Mud Creek From source to Fren
River ch Broad C 04/01/96 6-55
Dry Branch From source to Mud Creek C 03/01/77 6-55-2
Little Cove Creek From source to Mud Creek C 03/01/77 6-55-3
Little Mud Creek (Kanuaa From source to Mud Creek B 04/01/58 6-55-4
Lake, Wolf Lake)
Lake McCrady Entire lake and connecting B 04/01/58 6-55-4-1
stream to Little Mud Creek
Greer Creek (Lake Falls) From source to Mud Creek B 04/01/58 6-55-5
Murray Creek From source to Greer Creek C 09/01/74 6-55-5-1
Capps Branch From source to Murray Creek C 09/01/74 6-55-5-1-1
Shepherd Creek (Osceola From source to Mud Creek C 07/01/73 6-55-6
Lake)
Perry Creek From source to Osceola B 04/01/58 6-55-6-1
Lake, Shepard Creek
Finley Creek From source to Perry Creek B 04/01/58 6-55-6-1-1
Tonys Creek From source to Osceola B 04/01/58 6-55-6-2
Lake, Shepard Creek
Wash Creek (Rainbow Lake, From source to Mud Creek B 04/01,/58 6-55-7
Temple Terrace Lake)
Johnson Drainage Ditch From source to Mud Creek C 09/01/74 6-55-8
Bat Fork From source to Johnson C 09/01/74 6-55-8-1
Drainage Ditch
Dunn Creek From source to Bat Fork C 09/01/74 6-55-8-1-1
King Creek [McCabe Pond, From source to Madonna Lake B 04/01/58 6-55-8-1-2-(1)
Jordans Lake, Bonclarken Dam
Lake, Madonna Lake
(Highlands Lake)]
King Creek From Madonna Lake Dam to C 09/01/74 6-55-8-1-2-(2)
Bat Fork
Meninger Creek From source to King Creek C 09/01/74 6-55-8-1-2-3
Dye Branch From source to King Creek C 09/01/74 6-55-8-1-2-4
Devils Fork From source to Johnson C 07/01/73 6-55-8-2
Drainage Ditch
Camp Branch From source to Devils Fork B 04/01/58 6-55-8-2-1
Britton Creek From source to Mud Creek C 09/01/74 6-55-9
Lugana Lake Entire lake and connecting C 09/01/74 6-55-9-1
stream to Brit ton Creek
Clear Creek From source to Lewis Creek B;Tr 08/01/98 6-55-11-(1)
Laurel Fork From source to Clear Creek C;Tr 07/01/73 6-55-11-2
Bold Branch From source to Laurel Fork C;Tr 07/01/73 6-55-11-2-1
Cox Creek From source to Clear Creek C;Tr 07/01/73 6-55-11-3
Puncheon Camp Creek From source to Clear Creek C;Tr 07/01/73 6-55-11-4
27

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Impact Sites 1, 2, 3, and 4 (Continuous Linear Wetland)
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:NC County/parish/borough: Henderson City: Hendersonville
Center coordinates of site (lat/long in degree decimal format): Lat. 35 15' 43.38"° N, Long. 82 29' 48.52"° W.
Universal Transverse Mercator:
Name of nearest waterbody: Mud Creek
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: French Broad River.
Name of watershed or Hydrologic Unit Code (HUC):
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a
different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
d Office (Desk) Determination. Date:
Q Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are po "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area. [Required]
Waters subject to the ebb and flow of the tide.
Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required)
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non-RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: SOlinear feet: 4width (ft) and/or acres.
Wetlands: 0.178 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual
Elevation of established OHWM (if known):
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section Ill below.
Z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally"
(e.g., typically 3 months).
' Supporting documentation is presented in Section III.F.

SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete
Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2
and Section IILD.1.; otherwise, see Section IILB below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps
determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: 150acres
Drainage area: 20 acres
Average annual rainfall: 50.34 inches
Average annual snowfall: 5.6 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through 2 tributaries before entering TNW.
Project waters are 10-15 river miles from TNW.
Project waters are 1 (or less,) river miles from RPW.
Project waters are 5-10 aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: UT to Mud Creek -Mud Creek -French Broad River.
Tributary stream order, if known: 1st.
° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.

(b) General Tributary Characteristics (check all that anplv):
Tributary is: ®Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth: 3 feet
Average side slopes: 2,tl.
Primary tributary substrate composition (check all that apply):
® Silts ®Sands ^ Concrete
® Cobbles ^ Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: stable.
Presence of run riffle/pool complexes. Explain: complexes present.
Tributary geometry: Meandering
Tributary gradient (approximate average slope): ]0
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review area/year: 20 (or greater)
Describe flow regime: perennial (headcut, groundwater discharge).
Other information on duration and volume:
Surface flow is: Confined. Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
Tributary has (check all that apply):
® Bed and banks
^ OHWM6 (check all indicators that apply):
® clear, natural line impressed on the bank ^
^ changes in the character of soil ^
^ shelving ^
^ vegetation matted down, bent, or absent ^
^ leaf litter disturbed or washed away
^ sediment deposition ^
^ water staining
^ other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
^ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determ
^ High Tide Line indicated by:
^ oil or scum line along shore objects
^ fine shell or debris deposits (foreshore)
^ physical markings/characteristics
^ tidal gauges
^ other (list):
ine lateral extent of CWA jurisdiction (check all that apply):
Mean High Water Mark indicated by:
^ survey to available datum;
^ physical markings;
^ vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: film, good water quality.
Identify specific pollutants, if known:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'Ibid.

(iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width):
^ Wetland fringe. Characteristics:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size:.178acres
Wetland type. Explain: Linear and Herbaceous.
Wetland quality. Explain: Created by Property Owner Nearly Eight Years Ago by Uncovering Spring and Well
Water Source to Linear Wetland.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Ephemeral flow. Explain: Perennial Flow within woods due to Road Construction, Epemeral Flow in Field.
Surface flow is: Overland sheetflow
Characteristics:
Subsurface flow: Unknown. Explain findings:
^ Dye (or other) test performed:
(c) Wetland Adjacency Determination with Non-TNW:
^ Directly abutting
® Not directly abutting
® Discrete wetland hydrologic connection. Explain: EPhemeral flow to RPW.
^ Ecological connection. Explain:
^ Separated by berm/barrier. Explain:
(d) Proximit~(Relationship) to TNW
Project wetlands are 10-15 river miles from TNW.
Project waters are 5-10 aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the SOQ-year or greater floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: Good.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):Forested Adjacent.
® Vegetation type/percent cover. Explain:Wetland is herbaceous.
® Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: Macrbenthos and other wildife usage.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: ''1
Approximately (0.178) acres in total are being considered in the cumulative analysis.

For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres)
N 0.178
Summarize overall biological, chemical and physical functions being performed: Filtration of stormwater runoff,
vegetation habitat for fauna.
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section III.D:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet4width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are
jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 50 linear feet4width (ft).
~( Other non-wetland waters: 0.178acres.
Identify type(s) of waters: Unnamed tributary to Mud Creek and Linear Wetland.
3. Non-RPWss that flow directly or indirectly into TNWs.
Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a
TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
Tributary waters: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section IlLD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: 0.178acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
^, Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters.9
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
Demonstrate that impoundment was created from "waters of the U.S.," or
Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY); 10
^ which are or could be used by interstate or foreign travelers for recreational or other purposes.
from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
[] which are or could be used for industrial purposes by industries in interstate commerce.
Interstate isolated waters. Explain:
Other factors. Explain:
$See Footnote # 3.
v To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.

Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: linear feet width (ft).
Other non-wetland waters: acres.
Identify type(s) of waters:
^' Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
Other: (explain, if not covered above):
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
judgment (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
^ Lakes/ponds: acres.
^' Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
^ Other non-wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
~, Data sheets prepared/submitted by or on behalf of the applicant/consultant.
^ Office concurs with data sheets/delineation report.
^ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
^ USGS NHD data.
^ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name:
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
^ State/Local wetland inventory map(s):
FEMA/FIRM maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ^ Aerial (Name & Date):
or ®Other (Name & Date):493-494.
^ Previous determination(s). File no. and date of response letter:
Applicable/supporting case law:
^ Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:

Description of Photographs for Rebecca's Pond Subdivision
Photograph #1: Aerial photograph taken 7 years ago when Gene Carswell owned
16 acres. He had built the pond and replaced the existing road culvert. No
wetland vegetation was present above pond. Wetland vegetation has
established since Gene uncovered the springhead upstream of this area in the
woods on lot 7.
Photograph #2: Photograph taken in August 2007 during WNR delineation. This
is a view of the linear wetland near the head of the uncovered spring on lots 7
and 9. This spring was uncovered when Gene was constructing a road near the
head of the spring.
Photograph #3: Photograph taken in August 2007 during WNR delineation. This
is a view of the bottom of the linear wetland on lot 10. Hydrology is lacking
within this linear wetland.
Photograph #4: Photograph taken in August 2007 during WNR delineation. This
is a view of the headcut for the origin of the stream below the pond just
upstream of Gene Carswell's property line. This headcut is labeled on the impact
and site plan map. There isn't a channel feature between this headcut and the
outlet pipe of the pond. This distance is approximately 50' - 60' upslope. The
water in the pond is re-circulated to the two waterfalls (one is above the road
crossing and one is on the east side of the pond below the road crossing).

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