20071557 Ver 1_More Info Received_20071017

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Corps Submittal Cover Sheet
Please provide the following info: ~ `~ - (j S
l .Project Name: Rock Bride i
2. Name of Property Owner/Applicant: Blue Sky Communities, Inc. / Mr. Nick Roknich
3. Name of Consultant/Agent: Jennifer Robertson, Wetland & Natural Resource Consultants
*Agent authorization attached.
4. Related/Previous Action ID number(s): previous application submitted by Herron Surveying but withdrawn
5. Site Address: Hemphill Road
6. Subdivision Name: Rock Bride
7. City: Maggie Valley
8. County: Haywood
9. Lat: 035 33 57.49 ° N Long:: 083 02 29.36 ° W
10. Quadrangle Name: Dellwood
11. Waterway: UT's to and Hemphill Creek
12. Watershed: French Broad River Basin
13. Requested Action:
® Nationwide Permit # 29
^ General Permit #
® Jurisdictional Determination Request
^ Pre-Application Request
The following information will be completed by Corps office:
AID:
Prepare File Folder
Assign number in ORM
Authorization:
Project Description /Nature of Activity /Project Purpose:
Site/Waters Name:
Section 10 Section 404

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Begin Date
Keywords:

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Wetland and Natural Resource
Consultants, Inc.
October 15, 2007
To: NC Division of Water Quality
401 Wetlands Unit
2321 Crabtree Blvd. Suite 250
Raleigh, NC 27604
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Re: Blue Sky Communities, Inc. ;,~~,
Rock Bridge (+/- 47 acres) ~r~nP~ ~~o A~ ~ ~`~~'~~~~~
Maggie Valley, Haywood County, North Carolina
To Whom It May Concern:
The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr.
Nick Roknich of Blue Sky Communities, Inc. for the project known as Rock Bridge in
Haywood County, North Carolina. Blue Sky Communities, Inc. currently owns
approximately 47 acres within Maggie Valley in Haywood 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 including four stream road
crossings and one stream driveway crossing. In addition, Blue Sky Communities has
included a stream restoration plan for 100 feet of impact to Hemphill Creek and .03
acres of impact to an adjacent wetland. This is in response to a Notice of Violation
issued by the Asheville Office.
This property has a foundation from an old home site located on it. It also has a
collapsing barn. The historic use of the property was agriculture and residential. There
are no federally listed threatened or endangered fauna or flora species listed for the
Dellwood USGS quad.
Impact justification /Avoidance and Minimization
In the original application submitted by Herron Surveying there was a pond proposed
that has now been eliminated to keep total stream impacts to less than 150 linear feet.
Canton Off ce
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

Mr. Roknich is bridging the road crossing over Hemphill Creek to avoid further impacts.
The estimated costs for this bridge are $75,000. The site plan has been revised since
the initial submittal to keep hard impacts below 150 linear feet. In addition to these
hard impacts are the 100 linear feet of restoration impact on Hemphill Creek and .03
acres of wetland impact. Both will be restored (see Restoration Plan). Mr. Roknich
believes that he will lose two lots as a result of the road alignment changes. The
impacts proposed are the minimal necessary to access high ground across the property.
Headwalls are being proposed to further reduce impacts.
Restoration of Impacted Areas
There are two areas on the property where unintentional impacts have occurred to a
wetland and to Hemphill Creek. The wetland area was excavated. The material
excavated from the wetland will be placed back and an Ernst Wetland Mix will be
spread over the area to re-establish wetland vegetation. Seeds from the original
wetland vegetation will also re-establish.
There was an existing ford on Hemphill Creek just below where the bridge is being
constructed. This was the access road for the old house on the property. There was a
different access road across Hemphill Creek to the old barn. During construction of the
bridge atrack-hoe displaced rocks upstream of this ford under the bridge. A rock
footbridge was also hand constructed so that the bridge builders could walk across the
creek. This footbridge has been removed. The creek rock that was removed from this
short reach of Hemphill Creek will be restored to match the existing conditions
upstream and downstream. 100 feet of stream will be enhanced.
The creek rocks that were used to face the headwalls of the bridge did not come from
Hemphill Creek. They were purchased from the grading contractor. The old ford in this
area will be closed once construction is complete. Native woody shrubs and trees
(Rhododendron, Mountain Laurel, and Sycamore) will be planted around the bridge and
along Hemphill Creek in order to establish a buffer. There are existing trees along the
remainder of Hemphill Creek on site.
Additional Information Requested
1. An 80' culvert on the UT against the toe of Hemphill Creek replaced an existing
damaged 60' culvert. This is at the entrance to the development. The existing
culvert needed to be replaced and was extended due to the steep topography
leading down to Hemphill Creek.
2. How will lots not impact streams or buffers? Each stream will have a 25 foot
trout buffer on either side of the bank protecting the riparian buffer. There will
be no further stream impacts on any lot.
Canton Once
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

3. Where will stormwater treatment be located? Engineering calcs? Protective
Mechanisms? stormwater on site will be treated by grassed swales and existing
buffers. Impervious surface will be between 11.7% and 15% based on the
following calculations: 4,000If of roads =72,000 sq. feet = (1.65 acres), 4,500
sq. feet per lot (39 lots= (4.03 acres). Rock Bridge is not subject to a State
stormwater Permit for Post construction because it meets the low density project
criteria of less than 20% impervious surface. Total impervious acreage is 5.5
acres to 7 acres. Deed notification will be recorded on all lots with streams or
wetlands.
4. Buffer restoration? In the areas that are being proposed for restoration, a 30'
buffer will be preserved and planted with native vegetation. This is a critical
component to the restoration ensuring the stability of the banks.
5. Protective mechanisms on existing streams? Deed notification will be recorded
on all lots with streams and wetlands.
6. Access to lot 31? Is lot 11 buildable? Lot 31 is indicated on the map as impact
#5. Blue Sky Communities, Inc. has combined lots 10 and li into one lot in
order to allow road access.
Should you have any questions regarding the attached PCN and supplemental
information, do not hesitate to contact me at [phone].
Best regards,
` ~~~
Jennifer L Robertson
Enclosures:
Corps Submittal Cover Sheet
Cover Letter
Agent Authorization Form
Pre-Construction Notification Application Form
Impact and Site Plan Map
Topo and Vicinity Maps (3)
Aerial Photo
FEMA Map
Tax Parcel Map
Soil Survey Map
DWQ Stream Classification for Hemphill Creek
Corps JD Data Forms
Army Corps Permit Approval
Canton Once
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

**Should you not receive the above attachments with this correspondence,
please contact us immediately so that we may provide this supplemental
information.**
Canton Once
PO Box 882
Canton, NC 28716
828-648-8801
828-648-8802 Fax

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Wetland and Natural Resource t.S;'`:-~~._
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Consultants, Inc. ~`'-'~~:
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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 ConsuRants, 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 Rernrd: , ~~,S~~~y~(.~/TJ~ ~ /~~
Address: ~ lt1~L,~t/CJr ~-7~'
Address: ~~~~~~/~~ ~J~ oZ~ 7~rv
Address:

Phone Number: Q
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Property Location: /L~ - ~ LAS Tp~",~~T,~
Owners Signature: ~ ~•~E.~•
Date: .S~ /`- ,ill
Conlon Office Newton Office
PO Box 882 wnrinc.com F'O Box 224
Canton, NC 28716 Newton, NC 28658
828-648-8801 828-465-3035
828-648-8802 Fax I 828-465-3050 Fax

Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No. p `~ - 1 SS 7
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
PAID
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: 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 Cazolina 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 Cazolina's twenty coastal counties (listed on page
4), and the project is within a North Cazolina Division of Coastal Management Area of
Environmental Concern (see the top of page 2 for further details), check here: ^
II. Applicant Information
1. Owner/Applicant Information
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Name: Mr. Nick Roknich
Mailing Address: Blue Skv Communities, Inc. '~~~~ ~ ~'~~~'~+~ ~°~~~~ ~~~`
89 Walnut Street ~ `~,J~u"'~
Waynesville, North Carolina 28786
Telephone Number: 828-456-3388 Fax Number:
E-mail Address: nick(a,smokvrnountainretreat.com
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 9

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: Rock Bridge
2. T.LP. Project Number or State Project Number (NCDOT Only):
3. Property Identification Number (Tax PIN): 7698-8S-0848
4. Location
County: Haywood Nearest Town: Maggie Valley
Subdivision name (include phase/lot number): Rock Bridge
Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-40
West to exit 20 to US 276 toward Maggie Valley, turn right onto Grindstone Road, bare to
the left at Grindstone Road / Hemphill Road, turn right onto Hemphill Road, site is on the
right. See the attached USGS maps.
S. 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): 038° 33' 57.49" °N 083° 02' 29.36" °W
6. Property size (acres): ~ 47 acres
7. Name of nearest receiving body of water: UT's to and Hemphill Creek and Jonathan 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 9

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 had an old abandoned house foundation on it. The
site has pasture and wooded areas. There is an old barn on the site., The land,use in the
vicini of the project is agricultural, residential, and forested.
10. Describe the overall project in detail, including the type of equipment to be used: The
project will include a residential community and associated infrastructure. Stream and
wetland restoration are being proposed in response to a Notice of Violation from the Division
of Water Quality. Typical eazth-moving and construction equipment will be utilized on site.
11. Explain the purpose of the proposed work: The purpose of the proposed work is to build
access roads to high ground for the use in development of access for the residential
community.. The five stream crossings aze necessary to gain access across the site. The
purpose of the restoration is to enhance Hemphill Creek and an existing wetland on property
Both will be in response to the NOV mentioned eazlier.
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. There was a previous submittal to the Corps by Herron Surveying but it
was withdrawn due to being incomplete.
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 that will impact jurisdictional areas.
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 sepazately 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 9

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 piping of streams at four road crossings and one driveway crossing.
Also included are 100' of impact to Hemphill Creek and 0.03 acres of wetland impact for a
Notice of Violation. Both areas will be restored.
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
Neazest
Stream
(linear feet) Area of
Impact
(acres)
7 Removal of Soil. Herbaceous N 300' .03

Total Wetland Impact (acres) .03
3. List the total acreage (estimated) of all existing wetlands on the property: ~ 0.23 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
(lineaz feet) Area of
Impact
(acres)
1 UT Hemphill Crk Pipe P 4 20 (60 ex) 0.002
2 UT Hemphill Crk Pipe P 2 30 0.001
3 UT Hemphill Crk Pipe P 2 30 0.001
4 UT Hemphill Crk Pipe P 2 40 0.002
5 UT Hemphill Crk Pipe P 3 20 0.001
6 Hemphill Creek Restoration P 20 100 .46
Total Stream Impact (by length and acreage) 240 0.467
Updated 11/1/2005
Page 4 of 9

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.
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 impact to all Waters of the U.S. resulting from the project:
Stream Impact (acres): 0.467
Wetland Impact (acres): 0.03
Open Water Impact (acres): 0
Total Impact to Waters of the U.S. (acres) 0.497
Total Stream Impact (linear feet): 240
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.): No Pond Proposed
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.): No Pond Proposed
Current land use in the vicinity of the pond: No Pond Proposed
Size of watershed draining to pond: No Pond ProposedExpected 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. Please see the cover letter for
a detailed impact iustification. Impacts on site have been mnmized__to the maximum extent
practicable All proposed impacts are necessary for development of the site.
Updated 11/1/2005
Page 5 of 9

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/strm~ide.html.
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 sepazate sheet if more space is needed.
No Mitigation Proposed. Mitigation has been. accomplished through minimization.
2. Mitigation may also be made by payment into the North Cazolina 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):
Updated 11/1/2005
Page 6 of 9

Amount ofNon-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 ^
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 squaze 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.
Zone* I Impact I Multi Tier I Required
i..,.,,.,..o F «~ P w,r:.:,..,.;,...
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.
Updated 11!1/2005
Page 7 of 9

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 will be between 11.7% and 15% based on the
following calculations: 4000 if - 72000 sq ft of roads (1.65 acres), 4500 sq ft (39 lots)~4.03
acres); total impervious acreage 5.5 acres to 7 acres.
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 (39 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://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 neazby downstream water
quality. All gLoods and services can be obtained in nearb~Mag~ie Valley or Waynesville for the
residents of this community. There are only 39 lots proposed.
XV. Other Circumstances (Optional):
It is the applicant's responsibility to submit the application sufftciently 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).
` ~1
10/08/07
Updated 11/1/2005
Page 8 of 9

Applicant/Agent's Signature Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Updated 11/1/2005
Page 9 of 9

• r
Start 151 Patton Ave
~ e ~ Asheville, NC 28801
End Hemphill Rd
Travel 34.6 mi -about 43 mins
151 Patton Ave
Asheville, NC 28801
Drive: 34.6 mi -about 43 mins
1. Head west on Patton Ave toward Grove St
Save trees. Go green!
Download Google Maps for mobile
Text maps to 456453
Overview
0.3 mi ~ ~„
2 mins
449 ft
276
0.7 mi
1 min
2. Take the ramp to US-74-ALT W
1~ 3. Keep left at the fork to continue toward US-74ALT W
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7. Take exit 20 for US-276 toward Maggie Valley
• 8. Turn right at US-276
• 9. Turn right at Grindstone Rd
• 10. Turn left at Grindstone Rd/Hemphill Rd
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Map:
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Project Name:
u: Rock Bridge
~~. ~ k.w. ~ Wetland and Natural Resource Consultants
• ~ ~ ~~, •!p * Location:
*~ •~ •~~ ~ ~~ P.O. Box 882 Canton, N.C. 28716 Haywood County, North Carolina
~ ~ ~ `'`~` '' 828-648-8801 Client. ro~ect o e.
_ Nick Rocknich, III, P.A. RB-1000

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Name: DELLWOOD Location: 035°33' 57.49" N 083°02' 29.36" W
Date: 9/7/2007 Caption: Rock Bridge
Scale: 1 inch equals 4000 feet Blue Sky Communities, Inc.
Maggie Valley, Haywood Co, NC
Copyright (C) 1997, Maptech, Inc

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Name: DELLWOOD Location: 035° 33' 57.49" N 083° 02' 29.36" W
Date: 9/7/2007 Caption: Rock Bridge
Scale: 1 inch equals 500 feet Blue Sky Communities, Inc.
Maggie Valley, Haywood Co, NC
Copyright (C) 1997, Maptech, Inc

Haywood
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Haywood County Home Page I Data Layers I Background Layers I Search for a property I Search using a Street Nam.
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Page 1 of 1
CTY ST ZIP WAYNESVILLE, NC 28786 MAPSHEET 7698
LEGAL REFi 706/2461 LEGAL_REF2 706/2458
ADD REF1 A07/295 ADD_REF2 CABC/4920
CALC ACRES 45.19 STREET_ADD HEMPHILL RD
SALE DATi 6/5/2007 SALE_PRIC1 37500
IPROP_DESC IIHEMPHILL RD ~ISUBDIV_COD
SUBDIV NAM TOT_MKT_VA 0
TOT BLD VA 0 MAIN_AREA 0
YR BUILT 0 LAND_VALUE 0
DEFER VAL 0 TO_ASSD_VA 0
ACCT_NO 188558 TOWNSHIP JONATHAN CREEK
SALE_DAT2 6/5/2007 ~ SALE_PRIC2 1175000
TAX_CODES F11,G01 BUILD_USE
OCCUPANCY LAND_TYPE OPENLAND,WOODLAND,HOMESITE,OPENLAN
DISCLAIMER: These maps and information either in digital or hardcopy format are not surveys. This map data is prepared from the inventory of real property found within this
jurisdiction and is compiled from recorded deeds. plats: and other public records and data. Users of any maps generated on this site are hereby notified that the aforementioned ~~
public primary information sources should be consulted for verification on the information contained herein. Haywood County assumes no legal responsibility for the information ~^~ ~'
contained on these maps.
http: //www2. undersy s.com/scripts/testadv/usiwebd. dll/usi?formis=ptmap&MouseX=324&... 9/7/2007

' Haywood
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Name of Stream Description Curr. Class Date Basin Stream Index #
Mulbrook Branch From source to Rush C 09/01/79 French 5-22-3-2
Fork Broad
Dotson Branch From source to Pigeon C C9/O1/74 French 5-23
River Broad
Marrow Branch From source to Pigeon C 09/01/74 French 5-24
River Broad
Rabbitskin Branch From source to Pigeon C 09/01/74 French 5-25
River Broad
Jonathans Creek From source to WS-III;Tr 08/03/92 French 5-26-(1)
Carpenter Branch Broad
Jonathans Creek From Carpenter Branch WS-III;Tr,CA 08/03/92 French 5-26-(5.5)
to a point 0.9 mile Broad
downstream of mouth of
Fie Creek (Town of
Maggie Valley water
supply intake)
Jonathans Creek From a point 0.4 mile C;Tr 08/03/92 French 5-26-(7)
downstream of Fie Broad
Creek to Pigeon River
Pine Tree Cove From source to C;Tr 07/01/73 French 5-26-10
Creek Jonathans Creek Broad
Mitchell Cove From source to C;Tr 07/01/73 French 5-26-11
Branch Jonathans Creek Broad
Mine Branch From source to C;Tr 07/01/73 French 5-26-12
Jonathans Creek Broad
Big Spring Branch From source to C C9/O1/58 French 5-26-13
Jonathans Creek Broad
Gaddis Branch From source to C 04/01/58 French 5-26-14
Jonathans Creek Broad
Jaynes Cove From source to C 09/01/58 French 5-26-15
Branch Jonathans Creek Broad
Hemphill Creek From source to C;Tr 07/01/73 French 5-26-16
Jonathans Creek Broad
Ned Branch From source to C;Tr 07/01/73 French 5-26-16-1
Hemphill Creek Broad
Germany Cove From source to C;Tr 07/01/73 French 5-26-16-2
Branch Hemphill Creek Broad
Garrett Creek From source to C;Tr 04/01/58 French 5-26-17
Jonathans Creek Broad
Beantown Creek From source to C 04/01/58 French 5-26-18
Jonathans Creek Broad
Sugar Cove Branch From source to C 09/01/58 French 5-26-18-1
Beantown Creek Broad
Parks Branch From source to C 04/01/58 French 5-26-19
Jonathans Creek Broad
Wolf Laurel Creek From source to WS-III;Tr 08/03/92 French 5-26-2
Jonathans Creek Broad
Nelson Branch From source to C 04/01/58 French 5-26-20
Jonathans Creek Broad
Cove Creek From source to C;Tr 0"7/01/73 French 5-26-21
Jonathans Creek Broad
Page 6 of 15

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: Rock Bridge, Impact Site #l
State:NC County/parish borough: Haywood City: Maggie Valley
Center coordinates of site (lat/long in degree decimal format): Lat. 035 33 57.49° N, Long. 083 02 29.36° W.
Universal Transverse Mercator:
Name of nearest waterbody: Hemphill 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): Hemphill Creek /French Broad River Basin
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:
^ Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Areno "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 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: 42 linear feet: 4 width (ft) and/or acres.
Wetlands: 0.057 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):;
^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be no[ jurisdictional.
Explain:
' Boxes checked below shall be supported by completing the appropriate sections in Section III below.
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).
s Supporting documentation is presented in Section IILF.

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:
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 Rapanoshave 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. V 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: 81 acres
Drainage area: 30 .acres
Average annual rainfall: 50.03 inches
Average annual snowfall: 8.4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributary flows directly into TNW.
^ Tributary flows through 2 tributaries before entering TNW.
Project waters are 1 (or less) river miles from TNW.
Project waters are 30 (or more) river miles from RPW.
Project waters are 1 (or less) aerial (straight) miles from TNW.
Project waters are 30 (or more) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: flow to Hemphill Creek, then to Jonathan Creek, then to Pigeon River, then to French
Broad River.
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.

Tributary stream order, if known: 1st.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ^ Natural
® Artificial (man-made). Explain: ditched stream from agriculture.
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 4 feet
Average depth:.3 feet
Average side slopes: 2s.
Primary tributary substrate composition (check all that apply):
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/%o cover:
^ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain: just riffles.
Tributary geometry: Relatively straight
Tributary gradient (approximate average slope): 222 %o
(c) Flow:
Tributazy provides for: SeasoE-al flow
Estimate average number of flow events in review area/yeaz: ZO (or greater)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Gantined. Characteristics:
Subsurface flow: Un>cnown. 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:
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
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: ^ Mean High Water Mark indicated by:
^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical mazkings;
^ physical mazkings/characteristics ^ vegetation lines/changes in vegetation types.
^ tidal gauges
^ other (list):
(iii) Chemical Characteristics:
Chazacterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.).
Explain: water is cleaz.
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: aquatic macroinvertebrates.
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:0.057acres
Wetland type. Explainaineaz.
Wetland quality. Explain:good.
Project wetlands cross or serve as state boundazies. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Perennial. flow. Explain: 2' width.
Surface flow is: Goniined
Characteristics: heavily vegetated.
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:
^ Sepazated by berm barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands aze 1 (or less) river miles from TNW.
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 Sdtl-year or greater floodplain.
(ii) Chemical Characteristics:
Chazacterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: water clear.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Chazacteristics (type, average width):
® Vegetation type/percent cover. Explain:100 % In cleazed area by Hemphill Road. 200ft cleazcut on both sides.
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish spawn azeas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:crayfish chimneys.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 1
Approximately (0.057) 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 0.057
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 IILD:
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 IILD:
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 IILD:
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 feet width (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: running in peak of summer and drought.
~] 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 IILB. Provide rationale indicating that tributary flows
seasonally:

Provide estimates for jurisdictional waters in the review azea (check all that apply):
Tributazy 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 IILC.
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:
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 yeaz-round. Provide data and rationale
indicating that tributary is perennial in Section IILD.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 IILB and rationale in Section IILD.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 sirnilazly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
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 IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
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)a°
^ which are or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish aze 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:
sSee Footnote # 3.
e 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.

Provide estimates for jurisdictional waters in the review azea (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 azea included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Tan 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" standazd, 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" standazd, 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/I,ocal 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:

APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section PJ 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: Rock Bridge, Impact Site #2, 3, 4, and 5 (Same Stream System)
State:NC County/parish borough: Haywood City: Maggie Valley
Center coordinates of site (lat/long in degree decimal format): Lat. 035 33 57.49° N, Long. 083 02 29.36° W.
Universal Transverse Mercator:
Name of nearest waterbody: Hemphill 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): Hemphill Creek /French Broad River Basin
® 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...) aze 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:
Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RIIA SECTION 10 DETERMINATION OF JURISDICTION.
There Are no "navigable waters of the U. S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review azea. [Required]
Waters subject to the ebb and flow of the tide.
^ Waters aze 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 Arfe "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review azea. [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: 18211ineaz feet: 2-6 width (fl) and/or acres.
Wetlands: 0.154 and 0.015 acres.
c. Limits (boundaries) of jurisdiction based on: 1987 Ilelineat3on 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 azea and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section III below.
2 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).
3 Supporting documentation is presented in Section IILF.

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:
Summarize rationale supporting determination:
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: 60 acres
Drainage area: 40 acres
Average annual rainfall: 50.03 inches
Average annual snowfall: 8.4 inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
^ Tributazy flows directly into TNW.
^ Tributary flows through 2 tributaries before entering TNW.
Project waters are 1 (or less) river miles from TNW.
Project waters aze 30 (or more) river miles from RPW.
Project waters aze 1 (or less) aerial (straight) miles from TNW.
Project waters are 30 (or more) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWS: flow to Hemphill Creek, then to Jonathan Creek, then to Pigeon River, then to French
Broad River.
° 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.

Tributary stream order, if known: 1st.
(b) General Tributary Characteristics (check all that apply):
Tributary is: ®Natural
^ Artificial (man-made). Explain: ditched stream from agriculture.
^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: 2-6 feet
Average depth:.2-.5 feet
Average side slopes: 2t1.
Primary tributary substrate composition (check all that apply):
® Silts ®Sands ^ Concrete
® Cobbles ®Gravel ^ Muck
^ Bedrock ^ Vegetation. Type/% cover:
^ Other. Explain:
Tributazy condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain: just riffles.
Tributazy geometry: Meandering
Tributazy gradient (approximate average slope): 10 %
(c) Flow:
Tributary provides for: 3~ascttEta} flow'
Estimate average number of flow events in review azea/yeaz: 2'il (br gpeateY)
Describe flow regime: perennial.
Other information on duration and volume:
Surface flow is: Cwantined. 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 chazacter 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/chazacteristics
^ 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: water is clear.
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 azeas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings: aquatic macroinvertebrates.
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Chazacteristics:
Properties:
Wetland size:0.057acres
Wetland type. Explain:lineaz.
Wetland quality. Explain:good.
Project wetlands cross or serve as state boundaries. Explain:
(b) General Flow Relationship with Non-TNW:
Flow is: Perennial flow. Explain: 2' width.
Surface flow is: Confined
Characteristics: heavily vegetated.
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:
^ Sepazated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are 1 (or less) river miles from TNW.
Project waters are L (or less) aerial (straight) miles from TNW.
Flow is from: Wetland to navigable wakens.
Estimate approximate location of wetland as within the 500-year or greater floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is cleaz, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain: water clear.
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
^ Riparian buffer. Characteristics (type, average width):
® Vegetation type/percent cover. Explain:100 % In cleazed azea by Hemphill Road. 200ft cleazcut on both sides.
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish/spawn azeas. Explain findings:
^ Other environmentally-sensitive species. Explain findings:
® Aquatic/wildlife diversity. Explain findings:crayfish chimneys.
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: 11
Approximately (0.154 and 0.015) 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 0.154
y 0.015
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 IILD:
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 IILD:
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 IILD:
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 feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
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: running in peak of summer and drought.
Q 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: lineaz 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 IILC.
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:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
Wetlands directly abut RPW and thus aze jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow yeaz-round. Provide data and rationale
indicating that tributayy is perennial in Section IILD.2, above. Provide rationale indicating that wetland is
directly abutting an RPW:
Q Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section IILB and rationale in Section IILD.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
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 aze adjacent
and with similazly situated adjacent wetlands, have a significant nexus with a TNW aze jurisidictional. Data supporting this
conclusion is provided at Section IILC.
Provide acreage estimates for jurisdictional wetlands in the review azea: 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 similazly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
Provide estimates for jurisdictional wetlands in the review area: acres.
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 aze or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish aze or could be taken and sold in interstate or foreign commerce.
^ which aze 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:
"See Footnote # 3.
v To complete the analysis refer to the key in Section 1[LD.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.

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 azea included isolated waters with no substantial nexus to interstate (or foreign) commerce.
^ Prior to the Tan 2001 Supreme Court decision in "SWANCC," the review azea 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 azea that do not meet the "Significant Nexus" standazd, 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 prepazed/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/L,ocal 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:

LT.S. ARMY CORPS OF ENGINEERS
WIIJMINGTON DISTRICT
Action ID. 2007-02195-344 County: Haywood
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner /Authorized Agent: Blue Skv Communities, Inc., Attn: Mr. Nick Roknich
Address: 89 Walnut Street
Waynesville, NC 28786
Telephone No.: [phone]
Size and location of property (water body, road name/number, town, etc.): The proiect area is located
on an approximately 47-acre tract of land on Hemphill Road near Maggie Valley in Haywood
County North Carolina. Coordinates for the site are 35 33 37.49 north and 83 02 29.36 west.
Description of projects area and activity: The permittee is authorized to permanently impact (culvert)
140 linear feet of unnamed tributaries of Hemphill Creek at 5 locations in order to construct 4 road
crossings and 1 driveway crossing, temporarily impact 151inear feet of Hemphill Creek in order to
install a water line, and restore 100 linear feet of stream and 0.03 acre wetland that were previously
impacted A rock footbridge was also constructed without authorization from this office, but it has
been removed. No mitigation is required for this proiect because the permanent impacts will not
exceed 1501inear feet.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
^ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12 and 29 (after-the-fact)
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance
with the attached conditions, your submitted plans, conditions 1-7 in the attached letter from the North
Carolina Wildlife Resources Commission (NCWRC) dated September 6, 2007, and conditions 1-6 in the
attached letter from the NCWRC dated September 17, 2007. Among the comments from the NCWRC, the
following conditions are emphasized: (1) in the area of the utility line impact, the stream bed should be
restored to pre-existing contours and not covered with rip rap, and (2) any impacts to waters of the U.S. must
occur outside of the October 15`h to Apri115te period when trout likely spawn in Hemphill Creek. Any
violation of the attached conditions or deviation from your submitted plans may subject the permittee to a
stop work order, a restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone [phone]) to determine
Section 401 requirements.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.

-2-
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Lori Beckwith at 828-271-7980.
~\
Corps Regulatory Official Lori Beckwith `"` ~ 1 " Date: September 28, 2007
Expiration Date of Verification: September 28, 2009

-3-
Determination of Jurisdiction:
A. ^ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process (Reference 33 CFR Part 331).
B. ^ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ®There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ^ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued _ Action ID
Basis of Jurisdictional Determination: The stream channels on the property are unnamed tributaries to Hemphill
Creek and Hemphill Creek, which flow into the French Broad River -the French Broad River is a section 10 water.
Appeals Information: (This information does not apply to preliminary determinations as indicated by paragraph A.
above).
Attached to this verification is an approved jurisdictional determination. If you are not in agreement with that
approved jurisdictional determination, you can make an administrative appeal under 33 CFR 331. Enclosed you will
fmd a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal
this determination you must submit a completed RFA form to the following address:
District Engineer, Wilmington Regulatory Program
Attn: Lori Beckwith, Project Manager
151 Patton Avenue, Room 208
Asheville, North Carolina 28801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60
days from the Issue Date below.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: Lori Beckwith
Issue Date: September 28, 2007 Expiration Date: Five years from Issue Date
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.

-4-
Copy Furnished:
1. Wetland and Natural Resource Consultants, Attn: Ms. Jennifer Robertson, P.O. Box 882, Canton, NC
28716
2. Bradshaw Engineering, Inc., Attn: Mr. Patrick Bradshaw, P.O. Box 1011, Waynesville, NC 28786
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the attached customer Satisfaction Survey or visit
http://www.saw.usace.army.miUWETLANDS/index.html to complete the survey online.

Permit Number: 2007-02195-344
Permit Type: NWs 12 and 29 (after-the-fact)
Name of County: Haywood
Name of Permittee: Blue Sky Communities, Inc., Attn: Mr. Nick Roknich
Date of Issuance: September 28; 2007
Project Manager: Lori Beckwith
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
U.S. Army Corps of Engineers
Attention: CESAW-RG-A
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by an U.S. Army
Corps of Engineers representative. If you fail to comply with this permit you are subject to
permit suspension, modification, or revocation.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and conditions of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date

z~*' a ~ i .
` e'
'
'
4 ,
IFIC'ATION OF ADMINgSTRATIVEAPPEAL ®PTIOI~IS ANI) PR4~CESS AND: ~
O`I
~

j.° ~ ~ :~ ,
~tTEST FOR'APPEAL `~ Ft
; ~ ~~`~ ~ ~ `~
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Applicant: Blue Sky Communities, Inc., h~ile Number: X007-02I9~-~~~ Date: Se~tember
~ p ?~, 2UU i
Attn: Mr. Nick Roknich
Att ached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of A
ermission)
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
X APPROVED JURISDICTIONAL DETERMINATION D
PRELIMINARY JURISDICTIONAL DETERMINATION E
SECTION I =The following identifies your rights and options regarding an'admini tratiue appeal of the above `~
.,. _ .
~'~ecision. Additional information maybe found att http://www.usace.army..mil/inet/functions/ew/eecwo/rep or ;~~'"
Co s re ulations'at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
o ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
pernut, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this nonce, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
o ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
a APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer
within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
v ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
a APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.

E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which maybe appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
~~
ECTIONII - RE VEST FOR APPEAL or OBJECTIONS. TO ANINITIAL PROFFERED PERMIT
`
REASOI~fS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
P~INT OF' ~ONTACT'FOR UESTIONS'OR INFORMATION:
~
If you have questions regarding this decision and/or the 1f you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Lori Beckwith, Project Manager Mr. Michael F. Bell,
USACE, Asheville Regulatory Field Office Administrative Appeal Review Officer
151 Patton Ave, Room 208 CESAD-ET-CO-R
Asheville, NC 28806 U.S. Army Corps of Engineers, South Atlantic Division
828-271-7980 60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any
government consultants, to conduct investigations of the project site during the course of the appeal process. You
will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site
investigations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits and approved Jurisdictional Determinations send
this form to:
District Engineer, Wilmington Regulatory Division, Attn:Lori lleckvvith, Project Manager,
Asheville Regulatory Field ®ffice, 151 Patton Avenue, Room 208, Asheville, NC 28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, iJ.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike 13e11, Administrative Appeal ®fficer, CESAD-ET'-C®-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801

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NOTES:
1. ALL WATER MAIN PIPING WITHIN "LIMITS OF CREEK
CROSSING" SHALL BE RESTRAINED JOINT DUCTILE
IRON PIPE, CL 50 US PIPE TR FLEX OR APPROVED EQUAL.
FINISHED GRADES OF
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PREPARED BY:
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EXTENSION FOR
OKNICH ~
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® North Carolina Wildlife Resources Commission
September 6, 2007
Ms. Loretta Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Nick Roknich Nationwide Permit Application
Utility crossing of Hemphill Creek
Haywood County
Dear Ms. Beckwith:
Bradshaw Engineering, on behalf of Mr. Nick Roknich, requested a letter of concurrence from the North
Carolina Wildlife Resources Commission (Commission) fora 404 Permit from the U.S. Army Corps of
Engineers (ACOE). I visited the project site on August 15, 2007. Comments from the Commission are
provided under provisions of the Clean Water Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and
Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661-667d).
The project involves impacting 15 feet of Hemphill Creek to trench-in a water line just upstream of a new
bridge in a 45 acre subdivision near Maggie Valley. The application specifies N/A for prior project
history, but a Nationwide Permit for at least two culverts and a dam in what appears to be a tributary to
Hemphill Creek was requested in late July for this development.
Hemphill Creek, which runs through the property, supports a wild trout population that is supplemented
by stocking fingerlings. The Commission would likely ask that any impacts to waters on this property
occur outside of the October 15 to April 15 period (Final Regional Condition 1.2) when trout likely
spawn in Hemphill Creek.
Regarding the proposed water line crossing, the Commission recommends that lines be elevated above or
directionally bored beneath streams, particularly streams that harbor trout or other sensitive aquatic life.
This avoids disturbance of stream stabilizing vegetation and the erosion often caused by open trenching.
However, where the ACOE permits open trenching, the pre-existing stream bed should be restored as
much as possible and not covered with rip rap, as proposed. Also, if the proposal is permitted, the
Commission recommends that the line cross the creek downstream of the bridge where there is an existing
ford, no riparian vegetation, and the stream excavation that recently occurred.
The Commission recommends that a comprehensive Nationwide Permit application be prepared for the
water line crossing and the other already completed and proposed impacts to waters that are. associated
with this development. However, if the ACOE decides to permit the currently proposed portion of the
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
~'elephone: [phone] • Fax: [phone]

Rolmich Page 2 September 6, 2007
Haywood County
project, then the Commission recommends that the following conditions be attached and used to help
conserve fish and wildlife resources:
1. The Nationwide and Final Regional conditions, including the trout moratorium (Final Regional Condition
1.2), are adhered to.
2. Stream crossings are made so that soil and vegetation disturbance is minimized. Streams are crossed
as close to perpendicular as possible. The widest undisturbed buffer that is possible is maintained
between utility corridors and streams and wetlands to help capture sediment in run-off.
3. Equipment and materials are not placed or operated in wetlands.
4. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible following ground disturbance.
Erosion control matting is used with seeding on disturbed stream banks and is anchored with staples,
stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
5. The streams are returned to as near pre-impact conditions as possible. Clean, angular rock is used for
stabilization below the ordinary high water level and vegetation is used above. Only native materials
are placed on the stream bottom.
6. Any concrete work is isolated from water because uncured concrete can kill aquatic life.
7. Sandbags, flexible pipe, or other stable diversion structures are used to avoid excavation in flowing
water.
8. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Native woody
vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) is
replanted to provide bank stability and shading if vegetation is removed during construction.
9. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
10. Hydroseed mixtures and wash-waters do not reach streams.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
Sincerely,
l/..
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Mr. Nick Roknich
Mr. Kevin Barnett, NC Division of Water Quality, Asheville

~ North Carolina V~ildlife Resources Commission ~
September 17, 2007
Ms. Loretta. Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Nick Roknich, Blue Sky Communities, Inc. Nationwide Permit Application
After-the-Fact
Culverts in tributaries to Hemphill Creek
Haywood County
Dear Ms. Beckwith:
Wetland and Natural Resource Consultants, on behalf of Mr. Nick Roknich of Blue Sky Communities,
Inc., requested a letter of concurrence from the North Carolina Wildlife Resources Commission
(Commission) fora 404 Permit from the U.S. Army Corps of Engineers (ACOE). I visited the project site
on August 15, 2007. Comments from the Commission are provided under provisions of the Clean Water
Act of 1977 (33 U.S.C. 466 et seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The project involves impacts to 140 feet of tributaries to Hemphill Creek for roads in a 45 acre
subdivision near Maggie Valley. Some culverts have already been installed and a portion of a wetland
and Hemphill Creek downstream of a bridge were excavated. A permit for a sewer line crossing of
Hemphill Creek was recently applied for.
Hemphill Creek, which runs through the property, supports a wild trout population that is supplemented
by stocking fmgerlings. The Commission requests that any impacts to waters on this property occur
outside of the October 15 to April 15 period (Final Regional Condition 1.2) when trout likely spawn in
Hemphill Creek.
If the ACOE permits this project project, then the Commission can concur if the following conditions are
attached and used to help conserve fish and wildlife resources:
1. The Nationwide and Final Regional conditions, including the trout moratorium (Final Regional Condition
1.2), are adhered to. This also includes partial burial of the culverts into the stream beds as described in
Final Regional Condition 3.6.
2. The excavated wetlands and Hemphill. Creek are restored as described in the application narrative.
3. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as soon as possible following ground disturbance.
Erosion control matting is used with seeding on disturbed stream banks and is anchored with staples.
stakes, or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
Mailing Address: Division of Inland Fisheries 1721 Mail Service Center Raleigh, NC 27699-1721
Telephone: [phone] • Faz: [phone]

Roknich Page 2 September 17, 2007
Haywood County
4. As applicable, only clean, angular rock is used for stabilization below the ordinary high water level
and vegetation is used above. Materials are not placed on the stream bed because this can impede
aquatic life movements.
5. Any concrete work is isolated from water because uncured concrete can kill aquatic life.
6. Sandbags, flexible pipe, or other stable diversion structures are used to avoid excavation in flowing
water.
7. Riparian vegetation, especially trees and shrubs, is preserved as much as possible. Native woody
vegetation (e.g., rhododendron, dog hobble, silky dogwood, sycamore, river birch, red maple) is
replanted to provide bank stability and shading if vegetation is removed during construction.
8. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
9. Hydroseed mixtures and wash-waters do not reach streams.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
Sincerely,
.!~J~°
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Nick Roknich, Blue Sky Communities, Ina.
Mr. Kevin Barnett, NC Division of Water Quality, Asheville

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Nit.k Roknich
Blue Sky COCI1n1W11tte8, Inc.
212 Sweethart Pl
Waynesville, North Carolina 28786
Dear Mr. Roknich:
Michael F. Feeley, Q4Venlcr
William Q, Roes Jr„ Secrgery
North Cemlina Department of ]3nvlrontnmt and Nstunl Reetwroea
Colccn Fi, St,gine, Ditcctor
Dlvleion Of Water Quality
OCtobd' 2, 2007
Subject: Post-Construction Notification
Project YD: HAYW0100207.7
Project Name: Rock Ridge
Haywood County
A review of the Financial Responsibility/Ownership (FRO) form required under the
Sedimentation Pollution Control Act received on June 28, 2007, has determined that the Rock Ridge
project maybe subject to a State Stortnwater Permit for Post-construction.
Unless excluded under the provisions a£ Session Law 2006.246, Section 8, you must subaut
within 30 days a schedule for the project or an application for aPost-Construction Stormwater Permit to:
North Carolina Departrneat of Environment and Natural Resources
Division of Water Quality
Stormwater Permitting Unit
Post-Construction Application
1617 Mail Service Center
Raleigh, NC 27699-X617
The Post-construction permit is in addition to a North Carolina General Permit (NCGO 10000)
permit received for construction activity from. the Division of Water Quality. For more information
regarding M5l PasC-Construcdon and Phase II Session Law 2006-246 please visit:
http://ti2o.enr.state.nc.us/su/NP]D8S Phase II Stormwater Program.htm
If you have any questions concerning this matter please feel free to call me at 919-733-5083 x545
ore-mail me at mike,randall~ncmail.net.
Sincerely,
Mike Ran 1
cc; Asheville Regional Office
5tormwater Permitting Unit Files

Noah Carolina Division of Water Quality 1617 Mail Serviec Center Raleigh, NC 27699.1617 Phone [phone] Customer 9orvice
Internot: praarncwatar~qualitver¢ Location: 512 N. Salislnuy 9t. Raleigh, NC 27604 Fax [phone]-b23-b748
An Eq~l OppnnunhylAttlrcnath~e AcVon Employer -50°.5 Recyded/10~ Poet Consumer Paper
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