20150938 Ver 1_USACE Individual_20150910

APPLICATION FOR DEPARTMENT OF THE RS
.... EOXPIRES: 301 AUGUST L NO.
U.S. ENGINEERS ARMY PERMIT �, X20 2obo35 0 9 3
(33 CFR 325) axr �a _
Public reporting for this collection of information is estimated to average 1- 1)hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710- 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer ha jurisdiction over the location of
the proposed activity. PRIVACY ACT STATEMENT Q RE @ M
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Pro n, Research, and 9a
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Princip po I foation provid
this form will be used in evaluating the application for a permit. Routine Uses- This information may be shared with the De rtWun�
oflluf c� of
federal, state, and local government agencies, and the public and may be made available as part of a public notice as equ ed by Federal law. ub issi in
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluate ngy, Wit be.jssued. ne set
of original drawings or good reproducible copies which show the location and character of the proposed activity must ot see
sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed acnyry -m
that is not completed in full will be returned.
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. 12. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
5. APPLICANT'S NAME 8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)
First- CHRISTEN Middle- Last - MILLER First- JOEL Middle- D Last- LENK
Company- THE PRESERVE COMMUNITIES Company- QUIBLE & ASSOCIATES, P.C.
E -mail Address- cmiller @preservecommunities.com E -mad Address- jlenk @quible.com
6. APPLICANT'S ADDRESS: 9. AGENT'S ADDRESS.
Address- 7265 US Highway 25/70 Address- PO BOX 87
city - Marshall State - NC Zip - 28753Country -USA city - FAIRVIEW State - NC Zip -28730 country -USA
7. APPLICANT'S PHONE NOs. w /AREA CODE 10. AGENTS PHONE NOs. w /AREA CODE
a. Residence b. Business c. Fax a. Residence b. Business c. Fax
828 - 284 -2400 828 - 280 -8375
/ST-*fE"T OF AUTHORIZATION
11. 1 hereby authorize, JOEL LENK to act in my ehalf my gent in the processing of this application and to furnish, upon request,
supplemental information in support of this per( pplication.
.,,W-JATURE PPETCANT D E
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
FRENCH BROAD CROSSING
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Unnamed Tributaries to French Broad River
15. LOCATION OF PROJECT
Latitude: -N 35.871339 Longitude: -W - 82.740658
.16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 8789902596 Municipality
Section- Township - HOPEWELL
14. PROJECT STREET ADDRESS (if applicable)
Address 'i 5 Cow Mountain Road
city - Marshall
Marshall
Range -
State- NC zip- 28753
ENG FORM 4345, OCT 2010 EDITION OF OCT 2004 IS OBSOLETE Proponent CECW -OR

U.S. ARMY CORPS OF ENGINEERS OMB APPROVAL NO. 0710-0003
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES: 31 AUGUST 2012
(33 CFR 325)
Public reporting for this collection of information is estimated to average 11 hours per response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding
this burden estimate or any other aspect of the collection of information, including suggestions for reducing this burden, to Department of Defense,
Washington Headquarters, Executive Services and Communications Directorate, Information Management Division and to the Office of Management and
Budget, Paperwork Reduction Project (0710 - 0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be
subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT
RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of
the proposed activity.
PRIVACY ACT STATEMENT
Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320 -332. Principal Purpose: Information provided on
this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other
federal, state, and local government agencies, and the public and may be made available as part of a public notice as required by Federal law. Submission
of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set
of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see
sample drawings and /or instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application
that is not completed in full will be returned.
1. APPLICATION NO
5. APPLICANT'S NAME
First-CHRISTEN Middle -
(ITEMS 1 THRU 4 TO BE FILLED BY THE CORPS)
2. FIELD OFFICE CODE 13. DATE RECEIVED 14. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICANT)
Last- MILLER
Company- THE PRESERVE COMMUNITIES
E -mail Address- cmiller @preservecommunities.com
6. APPLICANT'S ADDRESS:
Address- 7265 US Highway 25/70
8. AUTHORIZED AGENT'S NAME AND TITLE (agent is not required)
First - JOEL Middle - D Last- LENK
Company- QUIBLE & ASSOCIATES, P.C.
E -mail Address - [e-mail]
9. AGENT'S ADDRESS:
Address- PO BOX 87
city - Marshall State - NC zip - 28753country -USA city- FAIRVIEW State - NC Zip 28730 Country - USA
7. APPLICANT'S PHONE NOs. WAREA CODE 10. AGENTS PHONE NOs. WAREA CODE
a. Residence b. Business c. Fax
828 - 284 -2400
a. Residence b. Business c. Fax
828- 280 -8375
_,$;F*TEffE7�T OF AUTHORIZATION
11. 1 hereby authorize, JOEL LENK -'0' to act in my ehalf my gent in the processing of this application and to furnish, upon request,
supplemental information in support of this per application.
S ATURE Fr� TCXNT D E
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see instructions)
FRENCH BROAD CROSSING
13. NAME OF WATERBODY, IF KNOWN (if applicable)
Unnamed Tributaries to French Broad River
15. LOCATION OF PROJECT
Latitude: -N 35.871339 Longitude: �W _82,740658
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see instructions)
State Tax Parcel ID 8789902596 Municipality
Section- Township- HOPEWELL
ENG FORM 4345, OCT 2010
14. PROJECT STREET ADDRESS (if applicable)
Address 15 Cow Mountain Road
city - Marshall
Marshall
Range -
EDITION OF OCT 2004 IS OBSOLETE
State- NC Zip- 28753
Proponent: CECW -OR

17. DIRECTIONS TO THE SITE
The French Broad Crossing Development entrance is located at 15 Cow Mountain Road in Marshall, Madison
County, North Carolina. The site is located off of State Route 25/70, 28 miles northwest of Asheville, North
Carolina between the towns of Marshall and Hot Springs. The location is shown on the attached Figure 1.
18. Nature of Activity (Description of project, include all features)
Fill of Waters of the US for site access and firewater pond construction. Specifically related to culvert installation for road
construction and property access and an engineered, small, low hazard earthen dam. Activities also include mitigation for
impacts to aquatic resources.
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
The need for this permit application is to address impacts to jurisdictional waters at the FBC development that
have occurred without the proper permitting. The purpose of the After -the -Fact Individual Permit, Mitigation Plan,
and Culvert Impact Summary and Compliance Plan is to inventory unavoidable impacts to Waters of the US,
provide an adequate mitigation plan for proposed impacts, describe avoidance and minimization of impacts, and
convey how the project will result in perpetural uplift to the aquatic environment in the French Broad River
watershed.
USE BLOCKS 20 -23 IF DREDGED AND /OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres
or
Linear Feet
23. Description of Avoidance, Minimization, and Compensation (see instructions)
Culverts that have impacted perennial and intermittent streams will be modified to meet Condition 13 of the NCDENR Water
Quality Certification 3890. A 30 -foot conservation buffer is proposed around intermittent and perennial streams and wetland
areas on the FBC property. Future jurisdictional impacts will not take place unless permitted by USACE and /or NC DWR.
ENG FORM 4345, OCT 2010

24. Is Any Portion of the Work Already Complete? ®Yes ❑No IF YES, DESCRIBE THE COMPLETED WORK
The stream and wetland impact associated with PIN:8789709094 was addressed and restored. Impacts to
jurisdictional waters on this specific parcel were estimated to be 188 linear feet of intermittent and perennial
stream and 0.042 acres of wetlands. The referenced impacts were caused by excavation associated with
installation of a 72 -inch diameter, 26 -feet long, corrugated metal culvert installed in the drainage containing the
wetland and unnamed tributary (UT) to the French Broad River. Impacts associated with PIN:8789709094 are
detailed and addressed in the Stream and Wetlands Restoration Plan submitted to USACE and NC DWR on
June 26, 2015 and the restoration was completed and summarized in the August 13, 2015 summary report.
Additional impacts are the result of road and pond construction in 2003 are detailed in this submittal.
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (if more than can be entered here. please attach a supplemental list).
A table is attached with adjacent property owner information (Table 1).
a. Address-
City - State - Zip -
b. Address-
City - State - Zip -
c. Address-
City - State - Zip -
d. Address-
City - State - Zip -
e. Address-
City - State - Zip -
26. List of Other Certificates or Approvals /Denials received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL" IDENTIFICATION
NUMBER
Soil & Erosion
NC Land Quality Section Control 2003 -03
Would include but is not restricted to zoning, building, and flood plain permits
DATE APPLIED DATE APPROVED DATE DENIED
12/3/2002
27. Application is hereby made for permit or permits to authorize the work described in th pplication. I ce Ify th ormation in this application is
complete and accurate. I further certify that I possess the authority to undertake thew described herei r acting he duly authorized agent of the
applicant.
SIGNATURE OF APPLICANT DATE SIGNA RE OF AGENT
The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly
authorized agent if the statement in block 11 has been filled out and signed.
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States
knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or
fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or
fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both.
ENG FORM 4345, OCT 2010