20071571 Ver 1_401 Application_20070907

A
Please provide the following info:
Corps Submittal Cover Sheet P ~. I ~.
0 7- 1 5 7 1
1. Project Name: Lot 80 (Lake Toxawav)
2. Name of Property Owner/Applicant: Lake Toxaw~ POA, Mr. Kit Garren
3. Name of Consultant/Agent: Neill Yelverton. Wetland & Natural Resource Consultants
*Agent authorization attached.
4. Related/Previous Action ID number(s): n/a
5. Site Address:
6. Subdivision Name: Lake Toxawav
7. City: Lake Toxawav
8. County: Transylvania
9. Lat: 35.1255 ° N Long:: 82.9591 ° W
10. Quadrangle Name: Lake Toxawav
11. Waterway: Lake Toxawav ~r~
d ~~~~ "
12. Watershed: Savannah D
13. Requested Action: S`P 1 7 2007
® Nationwide Permit # 18 DtNR ~~ Wgr~k
w~ru~ avo srorz,~„W~ e
^ General Permit # NCH
^ Jurisdictional Determination Request
^ Pre-Application Request
---------------------------------------------------------------------------
The following information will be completed by Corps office:
AID:
Prepare File Folder Assign number in ORM
Authorization: Section 10
Project Description /Nature of Activity /Project Purpose:
Section 404
Begin Date
Site/Waters Name:
Keywords:

~11NZ
Wetland and Natural Resource
Consultants, Inc.
September 14, 2007
To: US Army Corps of Engineers
Attn: Ms. Liz Hair
151 Patton Ave, Room 208
Asheville, North Carolina 28801
Re: Lot 80, Lake Toxaway
Transylvania County, North Carolina
Ms. Hair:
NC Division of Water Quality
401 Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC, 27604
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Lake
Toxaway POA for the project at Lot 80 in Lake Toxaway in Transylvania County, North
Carolina. We are seeking Nationwide permit 18 authorization for these impacts.
Please do not hesitate to contact me should you have any questions regarding the
attached PCN.
Best regards,
1,, ~ ~
~ ~~,
Neill Yelverton
828-712-9613
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax [phone] Fax

:,.`
~~
Wetland and Natural Resource '~*~'~'~"i'_
,~.+r
Consultants, Inc. ~'''
's~~a ~'
Department of the Army
Wilmington District, Corps of Engineers
Attn: Ken Jolley, Chief Regulatory Division
PO Box 1890
Wilmington, North Carolina 28402-1890
-and-
NC Division of Water Quality
Attn: Cyndi Karoly
2321 Crabtree Blvd.
Raleigh, North Carolina 27604-2260
I, the current landowner of the property identified below, hereby authorize Wetland and Natural
Resource Consultants, Inc, to act on my behalf as my agent during the processing of permits to
impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the
Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Wetland
and Natural 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 DWQ.
Property Owner of Record:
Address:
Address:
Address:
Phone Number:
l~cti,lte lox~,w4y `~f~'t~'f~ (~wr~~ qss~,
~ ~b1t' (D d
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Property Location: ~~ '~ ! ~C ~cl~ ~oxt~-~ (~ ' j
Owners Signature: ff
Date: _ ~Il 0~7 .
Canton Office Newton Office
PO Box 882 wnrinc.com PO Box 224
Canton, NC 28716 Newton, NC 28658
828-6488801 828-465-3035
828-648-8802 Fax [phone] Fax

Office Use Only: Form Version March OS
0 7- 1 5 7 1
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 P ~ I
1. 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: NW 18
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 n~/7
1. Owner/Applicant Information D
Name: Lake Toxaway POA, Mr. Kit Garren SAP 1 7 2007
Mailing Address: P.O. Box 100
Lake Toxaway, NC 28747 ~~v sA~~A~I
Telephone Number: Fax Number:
E-mail Address:
2. AgentlConsultant 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: Mr. Neill Yelverton
Company Affiliation: Wetland and Natural Resource Consultants
Mailing Address: PO Box 882
Canton, North Carolina 28716
Telephone Number: 828-712-9613 Fax Number: 828-648-8802
E-mail Address: neill(a~wetland-consultants.com
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
Page 1 of 8

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: Lot 80, Lake Toxawav
2. T.I.P. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 8512-63-6936-000
4. Location
County: Trans 1~ Nearest Town: Lake Toxawav
Subdivision name (include phase/lot number):Lake Toxawav
Directions to site (include road numbers/names, landmarks, etc.):See attached Driving
Directions (please contact a eg nt if you wish to visit the situ
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): 35.1255°N 82.9591°W
6. Property size (acres): 1.1 acres
7. Name of nearest receiving body of water: Lake Toxawav
8. River Basin: Savannah
(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/.)
Describe the existing conditions on the site and general land use in the vicinity of the project
at the time of this application: This lot is currently forested. The surrounding area is
primarily forested or residential development.
Describe the overall project in detail, including the type of equipment to be used: The project
includes development of this lot. Heav~quipment will be used.
Explain the purpose of the proposed work: The work is necessary to develop this lot.
IV. Prior Project History
Page 2 of 8

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. none
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.
none
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
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.
Provide a written description of the proposed impacts: This is a 1.1 acre lot with streams and
wetlands. In order to develop the lot and avoid stream impact approximately 0.07 acres of
wetland will be filled to Great a suitable buildin envelpoe, driveway access and lake access.
1. 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 fleoding_
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 herbaceous yes adjacent 0.06
#2 fill herbaceous yes adjacent 0.01

Page 3 of 8

Total Wetland Impact (acres)
2. List the total acreage (estimated) of all existing wetlands on the property: 0.09
3. 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)
none

Total Stream Impact (by length and acreage)
4. 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, dredgin ,flooding, drainage, bulkheads, etc.
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)
none

Total Open Water Impact (acres)
5. List the cumulative impact to all Waters of the U.S. resulting from the proiect:
Stream Impact (acres): o
Wetland Impact (acres): 0.07
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.07
Total Stream Impact (linear feet): 0
Page 4 of 8

6. 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.
7. 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.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
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. This siteplan was configured to
avoid a road crossing impact to a UT to Lake Lure which is a trout water. Part of the wetlans on
site have also been avoided b sy hifting and minimizing the driveway and building
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
Page 5 of 8

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 : //h2 0. 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 miti ation prposed
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 of Non-riparian wetland mitigation requested (acres):
Amount of Coastal wetland mitigation requested (acres):
IX. Environmental Documentation (required by DWQ)
1. Does the project involve an expenditure of public (federaUstate/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 ^
Page 6 of 8

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 multibliers.
Zone* Impact Multi Tier Required
1 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.
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.
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. Impervious surfaces include the house and the
driveway. They tota10.09 acres or 7.7 percent of the site.
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.
Page 7 of 8

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://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description:
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).
~~~~ / ; ~
` z 9/14/2007
Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Page 8 of 8

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€ ~ ' Asheville, NC 28801
End W Club Blvd
Travel 52.2 mi -about 1 hour 15
mins
- 151 Patton Ave
Asheville, NC 28801
Drive: 52.2 mi -about 1 hour 15 mins
1. Head west on Patton Ave toward Grove St
2. Take the ramp to US-74-ALT W
+~ 3. Keep left at the fork to continue toward US-74-ALT W and
merge onto US-74-ALT W
4. Take the I-240 W/I-26 E exit toward I-40
5. Merge onto I-240 W
6. Take the exit onto I-26 E toward Hendersonville/
Spartanburg/Asheville Airport
7. Take exit 40 for NC-280 toward Asheville Regional
Airport/Arden
~- 8. Turn right at NC-280/New Airport Rd
Continue to follow NC-280
9. Continue on Asheville Hwy/US-276 S/US-64 W
Continue to follow US-64 W
#~ 10. Turn left at NC-281/Rosman Hwy/US-64
~ 11. Turn right at W Club Blvd
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DISCLAIMER: The information contained on this page is NOT to be construed or used as a "legal description". Map information is
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North Carolina Waterbodies Listed by County
Note: Waterbodies are listed in more than one county if they cross county lines.
Report Date: 07/21 /07
Records Found: 309
Search Parameters:
County: Transylvania
Class: %
SpDes:
Name: %
Index#:
Name of Stream Description Curr. Class Date Basin Stream Index #
Transylvania County
TOXAWAY RIVER From source to Dam at B;Tr 07/01/73 Savannah 4-(1)
(Lake Toxaway) Lake Toxaway Estates,
Inc.
TOXAWAY RIVER From Dam at Lake C 07/01/61 Savannah 4-(4)
Toxaway Estates, Inc.
to North
Carolina-South
Carolina State Line
Rock Creek North Carolina Portion C 07/01/61 Savannah 9-10
Bearpen Creek From source to Rock C;Tr 07/01/73 Savannah 9-10-1
Creek
Cobb Creek From source to North C;Tr 07/01/73 Savannah 4-11
Carolina-South
Carolina State Line
Bear Creek From source to North C;Tr 07/01/73 Savannah 9-12
Carolina-South
Carolina State Line
Horsepasture From source to N.C. C; Tr 07/01/61 Savannah 4-13-(0.5)
River (Lupton Hwy. 281 (Bohaynee
Lake, Sapphire Road)
Lake)
Horsepasture From N.C. Hwy. 281 B;Tr 10/01/87 Savannah 4-13-(12.5)
River (Bohaynee Road) to
North Carolina-South
Carolina State Line
Burlingame Creek From source to C 07/01/61 Savannah 4-13-10
Horsepasture River
Rock Creek From source to C;Tr 07/01/73 Savannah 4-13-11
Horsepasture River
James Creek From source to C 07/01/61 Savannah 4-13-i2
Horsepasture River
Bearcamp Creek From source to North C;Tr 07/01/73 Savannah 4-13-13
Carolina-South
Carolina State Line
Whitewater River From Little Whitewater C;Tr,HQW 08/01/90 Savannah 4-14-(1.5)
Creek to North
Carolina-South
Carolina State Line
Democrat Creek From source to C;Tr,HQW 08/01/90 Savannah 4-14-3
Whitewater River
Waddle Branch From source to C;Tr,HQW 08/01/90 Savannah 4-'_4-4
Whitewater River
Page 1 of t4

Delineation Performed by ; ,.b~~.~~~~ ~,~ ~. t~~:..~ we'~ ;`~~ ,.ti.,w~ ._~. ~.~~ ~..~vw~:;~ , ~~:,..
P.O. Box 882, Canton, NC 28716
Phone: [phone] Fax: [phone]
Wetland Data Form -Routine Wetland Determination
(1987 COE Wetlands Determination Manual)
Project 1 Site: Lot 80, Lake Toxaway Date: 07-18-2007
Applicant /Owner: Robert Berq County: Transylvania
Investigator: Yelverton State: North Carolina
Do normal circumstances exist on the site? Yes ® ivo ^ Community ID:
Is the site significantly disturbed (Atypical situation)? Yes ^ No ® Transect ID:
Is the area a potential problem area? Yes ^ No ® Plot ID:A-1000
(explain on reverse if needed)
VEGETATION
Dominant Plant Species Indicator Stratum Dominant Plant Species Indicator Stratum
1. Carex spp. OBL herb 9.
2. Impatiens capensis FACW herb 10.
3. 11.
4. 12.
5. 13.
6. 14.
7, 15.
g, 16.
Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 100%
Remarks:
HYDROLOGY
^ Recorded Data (Describe In Remarks): Wetland Hydrology Indicators
^ Stream, Lake, or Tide Gauge
^ Aerial Photographs Primary Indicators:
^ Other ^ Inundated
® Saturated in Upper 12"
® No Recorded Data Available ^ water Marks
^ Drift Lines
Field Observations: ^ Sediment Deposits
^ Drainage Patterns in Wetlands
Depth of Surface Water: n/a (in.) Secondary Indicators:
® Oxidized Roots Channels in Upper 12"
Depth to Free Water in Pit: 00"~n•) ^Water-Stained Leaves
^ Local Soil Survey Data
Depth to Saturated Soil: 0' (in.) ®FAC-Neutral Test
^ Other (Explain in Remarks)
Remarks:

SOILS
Map Unit Name
(Series and Phase): Drainage Class:
Taxonomy (Subgroup): Confirm Mapped Type? Yes ^ No ^
Profile Description:
Depth Matrix Colors Mottle Colors Mottle Texture, Concretions,
(inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc.
0-12 A 10YR 4/2 7.5R 5/6 common/distinct clay

Hydric Soil Indicators:
^ Histosol ^ Concretions
^ Histic Epipedon ^ High Organic Content in Surface Layer in Sandy Soils
^ Sulfidic Odor ^ Organic Streaking in Sandy Soils
^ Aquic Moisture Regime ^ Listed On Local Hydric Soils List
^ Reducing Conditions ^ Listed on National Hydric Soils List
® Gleyed or Low-Chroma Colors ^ Other (Explain in Remarks)
Remarks:
WETLAND DETERMINATION
Hydrophytic Vegetation Present? Yes ® No ^ Is the Sampling Point
Wetland Hydrology Present? Yes ® No ^ Within a Wetland? Yes ® No ^
Hydric Soils Present? Yes ® No ^
Remarks: These are small wetland polygons adjacent to the unnamed tributary.

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section N 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:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State:North Carolina County/pazish/borough: Transylvania City: Lake Toxaway
Center coordinates of site (lat/long in degree decimal format): Lat. 35.1255° N, Long. 82.9591° W.
Universal Transverse Mercator:
Name of nearest waterbody: Lake Toxaway
Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Lake Toxaway
Name of watershed or Hydrologic Unit Code (HUC): Savannah (HUC: 03060101)
® 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):
® Office (Desk) Determination. Date: 07-17-2007
® Field Determination. Date(s): 07-18-2007
SECTION iI: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are "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: One boundary of this property is Lake Toxaway, which is a navigable recreational lake visited by out of state tourists..
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): t
^ TNWs, including territorial seas
^ Wetlands adjacent to TNWs
^ Relatively permanent watersZ (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: linear feet: width (ft) and/or acres.
Wetlands: 0.09 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 II[ below.
Z For purposes of this form, an RPW is detned as a tributary that is not a TNW and that typically flows year-round or has continuous tlow 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 III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW: Lake Toxawat.
Summarize rationale supporting determination: Lake Toxaway is a recreational lake visited by out of state tourists..
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 Rapaoos 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 IILD.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: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS:
Tributary stream order, if known:
`Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid
West.
' 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 apply):
Tributary is: ^ Natural
^ Artificial (man-made). Explain:
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
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:
Presence of run riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope):
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick. List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: PiekList. 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):
^ 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):
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
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:
Identify specific pollutants, if known:
`A 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) Generai Wetland Characteristics:
Properties:
Wetland size: 0.09acres
Wetland type. Explain: herbaceous seep.
Wetland quality. Explain:good quality.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Perennial flow. Explain:
Surface flow is: Not present
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:
^ Ecological connection. Explain:
^ Separated by berm/barrier. Explain:
(d) Proximity (Relationships to TNW
Project wetlands are 1 (or less) river miles from T'NW.
Project waters are 1(or less) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable waters.
Estimate approximate location of wetland as within the 100 - 500-year 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: No bad water quality or pollutants observed, watershed is primarily forested with some
residential development.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
® Riparian buffer. Characteristics (type, average width):50.
^ Vegetation type/percent cover. Explain:Almost completely covered with canopy trees and rhododendron..
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish spawn areas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
^ Aquatic/wildlife diversity. Explain findings:
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 2
Approximately (0.09) 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)
Y 0.08
Y 0.01
Summarize overall biological, chemical and physical functions being performed:
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 da 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 IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDSRRE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: linear feet width (fi:), 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 yeaz) 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: linear feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
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 III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: Wetlands flow directly in to tributary, see attached map..
^ 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: acres.
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.'
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:
Identify water body and summarize rationale supporting determination:
xSee Footnote # 3.
v To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook.
t0 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/EP.4 Memorandum Regarding CWA Act Jurisdiction Fol/owing Rapanos.

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):
^ 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: See attached 1987 Wetland Determination Form..