20240415 Ver 1_PCN_Documents_SAW-2023-00552_20240312

NUTTER+ASSOCIATES
ENVIRONMENTAL CONSULTANTS
Mitchell Anderson
County Representative
USACE Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801
Mr. Anderson,
Georgia (Corporate)
360 Hawthorne Lane
Athens, GA 30606
PHONE [phone]
EMAIL [e-mail]
North Carolina
304 New Leicester Hwy.. Ste. B
Asheville, NC 28806
PHONE [phone]
WES nutterinc.com
Nutter & Associates, Inc. (NAI) is submitting this Pre -Construction Notification package on
behalf of property owner Jimmy Herron for a 7.46-acre tract at 1431 Brevard Road in Asheville,
NC. Mr. Herron is requesting a NWP-39 permit for impacts related to construction of an access
road including a culverted stream crossing for a recreational vehicle repair facility at 1431
Brevard Road parcel (Pin: 9626803208) in Asheville, NC (Figures 1 and 2).
An access road from Brevard Road will cross a depression wetland and Boring Mill Branch on
the eastern end of the property. It is anticipated that typical construction and grading
equipment will be utilized to construct the access road and the RV facility. Please see section E
1a of the PCN for a detailed discussion of avoidance and minimization and existing constraints.
A summary of all aquatic resource impacts on the tract is provided with this PCN application.
Photos of each aquatic feature impacted are provided below. The areas of temporary and
permanent impacts to jurisdictional waters are provided in Figures 3 and 4 and Attachment A.
This PCN package includes Attachments A-D as detailed below.
Your attention to this matter is greatly appreciated.
Sincerely,
NUTTER & ASSOCIATES, INC.
I— //X Oro, �_
Alan Moore, PWS
Project Scientist II
Established 1984

[e-mail]
Direct: 828-275-9605
Asheville Office: 828-539-3008 Ext: 1
Attachment A: Design Drawing Impacts to Waters of the U.S.
Attachment B: Sample Authorization Form and Warranty Deed
Attachment C: 401 Pre -filing Meeting Request Confirmation
Attachment D. North Carolina Stream Identification Report for Non -Wetland Water-2 (NWW-2)
Attachment E. Signed Preliminary Jurisdictional Determination (PJD)
Attachment F. Design Drawings
NUTTER+ASSOCIATES 1-2

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Figure 1. Vicinity map for 1431
Brevard Road Highway 191, o ioo zoo
Asheville, NC.
400 Fed
IN UTTER+ASSOCIATESI

Data Source: ESRI World Topoeraphic, Created: Thursdav, March 7, 2024 Path: D:\23-075 Brevard Rd Herron Proo\GIS\Brevard Rd 25Dec23.aorx
Figure 1. Aquatic resources map for 0 62.5 125 250
1431 Brevard Road, Asheville, NC. Feet NUTTER+ASSOCIATES
ENVIRONMENTAL CONSULTANTS

Data Source: ESRI World Topoeraphic, Created: Mondav, March 11, 2024 Path: D:\23-075 Brevard Rd Herron Proo\GIS\Brevard Rd 25Dec23.aorx
Figure 3. Overall jurisdictional waters
impact map for 1431 Brevard Road, 0
Asheville, NC.
62.5 125 250
Feet NUTTER+ASSOCIATES
ENVIRONMENTAL CONSULTANTS

Data Source: ESRI World Topoeraphic, Created: Mondav, March 11, 2024 Path: D:\23-075 Brevard Rd Herron Proo\GIS\Brevard Rd 25Dec23.aorx
Figure 4. Close-up view of
jurisdictional waters impact map for 0
1431 Brevard Road, Asheville, NC.
12.5 25 50
Feet NUTTER+ASSOCIATES
ENVIRONMENTAL CONSULTANTS

Photo 1. View of wetland -1 (Wet-1) near location where the RV garage access road is to be constructed.
Photo 12. View upstream along Boring Mill Branch near the proposed culvert crossing at 1431 Brevard
Road in Asheville, NC.

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Photo 3. View downstream along Boring Mill Branch near the proposed culvert crossing at 1431 Brevard
Road in Asheville, NC.
Photo 4. View of intermit ent Non -Wetland Water-2 (NNW-2) tributary to Boring Mill Branch, 1431
Brevard Road in Asheville, NC.

Photo 5. Additional view of dry section of the intermit ent NNW-2 channel at 1431 Brevard Road in
Asheville, NC. See the North Carolina Stream Identification Report in At achment B

Attachment A.
Design Drawing Impacts to Waters of the U.S.

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Attachment B.
Sample Authorization Form and Warranty Deed

SAMPLE AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION:
LOT NO,
PLAN NO, PARCEL ID: f 4+ -�• �,s-Q 32 d �-
STREET ADDRESS: I % G
1�s0)
Please print: r Property Owner: l , �- M New "a �
Property Owner: -V.1 4 h - G-_--
GV,Pe /t/c
The undersigned, registered property owners of the above noted property, do hereby authorize
of vl,�f Q' uC,. .7 nc
(Contractor / Agent) (Name of consulting firm)
to act on my behalf and take all actions necessary for the processing, issuance and acceptance of
this permit or certification and any and all standard and special conditions attached.
Property Owner's Address (if different than property above):
00 3Ux fz--� Z-a 3 eA A/C 2 � 7 yS-
Telephone: "" - ,� � � � �� (] �- -7-S 0 lJ
We hereby certify the above information submitted in this application is true and accurate to the
best of our knowledge.
A horized Signature
Date: v2C4�Lt-
Al

Page 1 of 4
There are no delinquent taxes that are a lien
the parcel(s) described in the deed which the
Buncombe County Tax Collector is charged
with collecting.
01-12-2023 /l�r�,Q�a Gl/�/�✓�
Date Deputy Tax Collector
Tax Lot No.
Type: CONSOLIDATED REAL PROPERTY
Recorded: 1/12/2023 2:31:13 PM
Fee Amt: $846.00 Page 1 of 4
Revenue Tax: $820.00
Buncombe County, NC
Drew Reisinger Register of Deeds
BK 6289 PG 1175 - 1178
Excise Tax $ 820.00 I Recording Time, Book and Page
Parcel Identifier No. 9626-80-3208.00000
Mail after recording to Barnwell & Long, PLLC.,
2000 Hendersonville Road, Ste A, Asheville, NC 28803
This instrument was prepared by Stephen Barnwell, a licensed NC attorney. Delinquent taxes, if
any, to be paid by the closing attorney to the county tax collector upon disbursement of closing
proceeds. Stephen Barnwell prepared this instrument without review or examination of title to the
herein described property and no opinions or representations are being made by Stephen Barnwell.
or Barnwell & Long, PLLC.
Brief Description for the index 1431 Brevard Road, Asheville, NC 28806
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this I 0 day of January, 2023 by and between
GRANTOR i GRANTEE
Melissa W. Herron, un remarried widow of James Herron and Cynthia Herron,
John R. Herron I Married to each other
PO Box 6411 I PO Bork Z Z Z 3
Asheville, NC 28816
Enter in appropriate block for each party: name, address, and, if appropriate, character of entity, e.g., corporation or partnership.
The designation Grantor and Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as
required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto
the Grantee in fee simple, all that certain lot or parcel of land situated in Buncombe
County, North Carolina and more particularly described as follows:
SEE EXHIBIT A ATTACHED HERETO
submitted electronically by "Barnwell & Long, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the Buncombe County Register of Deeds.
Book: 6289 Page: 1175 Page 1 of 4

Page 2 of 4
The property hereinabove described was acquired by Grantor by instrument recorded in Book 4330
Page 338.
A map showing the above described property is recorded in Plat Book 32, Page 12.
All or a portion of the property herein conveyed _ includes X does not include the primary
residence of a Grantor.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Easements, restrictions and rights -of -way of record.
2. Ad valorem taxes for the year 2022 and subsequent years.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if a corporation,
limited liability company, or partnership, has caused this instrument to be signed in its name by its
corporate officer, manager, general partner, or authorized agent, the day and year first above
written.
le2,2(. (SEAL)
Melissa W. Herron
STATE OF *t3 CC , COUNTY OF
I, the undersigned, a Notary Public of the County and State aforesaid, certify that Melissa W.
Herron, personally appeared before me this day and acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this 10 day of January, 2023.
n '30va Cn
gay° -4
m;
Notary Public:�-��n =��� Lr�p
My Commission Expires: '� �� Z.DZ-S
Book: 6289 Page: 1175 Page 2 of 4

Page 3 of 4
EXHIBIT A
Property Description
HERRON
LYING AND BEING in Avery Creek Township, Buncombe County, North Carolina:
BEGINNING at an iron pipe marking the northernmost corner of the herein conveyed land in the
southwestern right of way edge of N.C. Highway No. 191 (Brevard Road), the location of said
iron pipe having North Carolina Grid Coordinates Y = 661,131.40 and X = 928,326.91 (NAD27
in feet); and runs thence along and with the southwesterly right of way edge of said N.C.
Highway No. 191 (Brevard Road) the following five (5) courses and distances: South 30°47'47"
East 61.94 feet to a DOT R/W monument, South 30°47'47" East 211.17 feet to a DOT R/W
monument, South 26°56'59" East 120.97 feet to a DOT R/W monument, South 239 V50" East
133.89 feet to a DOT R/W monument, and South. 03°40'10" East 113.82 feet to a DOT R/W
monument; thence along and with the northwestern right of way edge of N.C.S.R. No. 3639
(Fore Road) South 56°55'26" West 37.32 feet to a DOT R/W monument; thence continuing
along and with the said northwestern right of way edge of N.C.S.R. No. 3639 (Fore Road) with
the following three curves: an are distance of 121.02 feet with a curve to the left with a radius of
308.40 feet and a chord of South 45°35' 19" West 120.25 feet to a point, an arc distance of 20.15
feet with a curve to the left with a radius of 308.40 feet and a chord of South 32°28'30" West
20A4 feet to an iron pipe, and an arc distance of 55.07 feet with a curve to the left with a radius
of 308.40 feet and a chord of South 25°29'16" West 55.00 feet to a DOT R/W monument; thence
continuing along and with the western right of way edge of said N.C.S.R. No. 3639 (Fore Road)
South 21°42'23" West 70.73 feet to a DOT R/W monument; thence South 68°1T38" East 19.31
feet to an iron pipe in the edge of the pavement of said N.C.S.R. No. 3639 (Fore Road); thence
the following three (3) courses and distances within the right of way of said N.C.S.R. No. 3639
(Fore Road): South 17°14'28" West 45.19 feet to a nail, South 30°14'28" West 63.00 feet to a
nail, and South 57°14'28" West 92.00 feet to an iron stake (rebar); thence along and with easterly
and northerly property lines of now or formerly Walter N. Watts, et ux., the following eleven
(11) courses and distances: North 45°45'32" West 94.89 feet to an iron stake, North 08019113"
East 100.25 feet to an iron pipe, North 25°25'32" East 70.08 feet to a nail, North 19002'39" East
50.04 feet to an iron stake, North 03°52'43" West 49.94 feet to a nail, North 23045'01" West
49.41 feet to an iron pipe, North 48005'27" West 69.40 feet to an iron pipe, North 62055'59"
West 99.54 feet to an iron pipe, South 89041142" West 125.21 feet to an iron stake, North
51014'56" West 100.05 feet to an iron stake, and North 7501847" West 80.00 feet to an iron pipe
marking a northwestern corner of now or formerly Walter N. Watts, et ux., a northeastern corner
of now or formerly Gene Wilson, et ux., and a southeastern corner of now or formerly Ted
Tilson Wells; thence along and with southeastern property lines of now or formerly Ted Tilson
Wells, now or formerly Samuel D. Cook Heirs, and now or formerly Shirley Mae A. Terry, et
vir, North 34005'08" East 439.21 feet to an iron pipe marking a western corner of now or
formerly William R. Pressley, et ux.; and thence along and with southerly property lines of now
or formerly William R. Pressley, et ux., South 53007'51" East 90.20 feet to an iron pipe and
North 54°08'21" East 197.30 feet to the point of BEGINNING, containing 7.466 acres, more or
less, as shown on a map entitled "Survey for Progress Energy Carolinas, Inc., Avery Creek
Township, Buncombe County, North Carolina", dated October 13, 2006, and labeled as PEC,
Inc. Drawing No. L-C-10102
Book: 6289 Page: 1175 Page 3 of 4

Page 4 of 4
AND BEING ALL of that certain property described in deed recorded in Deed Book 4330, Page
338 in the Office of the Register of Deeds of Buncombe County, North Carolina.
Book: 6289 Page: 1175 Page 4 of 4

Attachment C.
401 Pre -filing Meeting Request Confirmation

From:
401PreFile
To:
Alan Moore
Subject:
Automatic reply: [External] pre -filing email SAW-2023-0552
Date:
Monday, July 24, 2023 6:48:36 PM
This email confirms receipt of your pre -filing meeting request. Please retain this email for your
records and submit this documentation as part of your 401 application (PCN Application) as
required by federal law. DWR will not be able to accept your application without this federally
required documentation. 401 applications received without documentation that a pre -filing
meeting request was submitted at least 30 days prior will be returned as incomplete.
Responses to this email are not monitored.
If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of
staff contact list(s).
For Non -Transportation Central Staff:
httl2s://deq.nc.g_ov/about/divisions/water-resources/water-quality_permitting/401-buffer-
permitting/401-buffer-permitting-contacts
For Non -Transportation Regional
Staff: httl2s://edocs.deq.nc.g_ovov/WaterResources/DocView.aspx?dbid=0&id=2162034&cr=1
For all Transportation Projects Including NCDOT Projects:
https://deq.nc.gov/about/divisions/water-resources/water-resources-permits/transportation-
perm itti ng/staff-contacts
Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third
parties by an authorized state official.

Attachment D.
North Carolina Stream Identification Report for Non -Wetland Water-2
(NWW-2)

NUTTER+ASSOCIATES
:NIVIPONMEfJTAL C0f150LTANITS
Georgia (Corporate)
360 Hawthorne Lane
Athens, GA 30606
PHONE [phone]
EMAIL [e-mail]
Andrew Moore, P.G.
Environmental Specialist II
North Carolina Division of Water Resources
2090 U.S. 70 Highway
Swannanoa, NC 28778
Mr. Moore
North Carolina
304 New Leicester Hwy.. Ste. B
Asheville, NC 28806
PHONE 828,539.3008
WEB nutterinc.com
Nutter & Associates, Inc. (NAI) is submitting this brief technical memorandum detailing the
findings of a channel flow regime assessment (North Carolina Stream Identification) conducted
at a small, excavated channel denoted as Non -Wetland Water-2 (NWW-2) Figure 1. The NWW-2
channel is located at 1431 Brevard Road in Asheville. The assessment was conducted to
determine the flow regime of NWW-2 that is proposed to be impacted by a commercial
development project. This assessment is related to 404/401 permit application project number
SAW-2023-00552. Mitchell Anderson is working as our USACE representative. On September
13, NCDEQ representatives and Mitchell Anderson conducted a site visit to review the subject
aquatic resources in the field.
The subject channel NNW-2 is depicted in attached Figure 1 and attached Photos 1-5. The
channel appears to be completely artificial, possibly excavated in the past for agricultural or
development purposes. There is no substantial natural contributing watershed to the channel
beyond the immediate vicinity. The channel is very straight and there is evidence of historical
side cast berms immediately adjacent and south of the channel. The channel typically contains
discontinuous surface water and silty/muddy substrates (Photos 2 and 3). The NNW-2 channel
is located adjacent to a 0.5 acre back -levee depression wetland that lies between Boring Mill
Branch and Brevard Road on the northwestern boundary of the tract.
The flow regime assessment was conducted on September 22, 2023 using the most recent
version of the NCDWQ Methodology for Identification of Intermittent and Perennial Streams
and Their Origins Version 4.11 (NCDWQ Sept 1, 2010). The attached data form was completed
in the field. The subject channel scored a total of 19 points and based on this analysis would be
considered "intermittent".
If you have any questions or need any clarification related to this analysis, please contact me at
the telephone number below.
Established 1984

Sincerely,
NUTTER & ASSOCIATES, INC.
// (o--C-
Alan Moore, PWS
Project Scientist II
Contact: 828-275-9605
[e-mail]
Attachments
Established 1984

U
_160�
NC DWO Stream Identification Farm Version 4.11
Date: C57* --) 1.2
Projectlsite: f ,; ! f� r+ w •
Latitude: 3S, -7
Evaluator: . 1�L,c
county: 1:-y, i
Longitude:42 (,Glery
t ;
P
Stream Determination (circle one)
Other
Total Points:
Stream is at least intermittent
if ? 19 or erenrnial if ? 30'
Ephemeral Intermittent Perennial
e.g. Quad Narm:
A. Geomorphology (Subtotal = 71, )
Absent Weak
0 1
Mod ate
Strong
1� Continuity of channel bed and bank
2,
3
2 Sinuosity of channel along thalweg
q.'
1
2
3
3. In -channel structure ex. riffle -pool, step -pool, OR
ripple -pool s uence
1
2
3
4. Particle size of steam substrate 0
1 _;
2
3
5. Active/relict floodplain t 0
1
2
3
5. Depositional bars or benches fS
1
2
3
7. Recent alluvial deposits
0
1
2
3
S. Headcuts
0
1-
2
3
g. Grade control
0
Q
0.
1
1.5
10. Natural valley
0
0.5
1
1.5
1 1. Second or greater order channel
No = 0
Yes = 3
artificial ditches are not rated, see discussions in Manual
B. Hvdrologv (Subtotal = I
12 Presence of Baseflow 0
t`1 .'
2
3
13. Iron oxidizing b2 cteria 0
1
2
_3
14. Leaf litter 1.5
( 1
0.5
0
15. Sediment on plants or debris 0
C.5 -
1
1.5
16. Organic debris lines or piles 0
C•.5 ;'
1
1.5
j 17. Sail -based evidence of high water table? I No = 0
Yes = :3
C. Biologv (Subtotal = f; . w,
18 Fibrous roots in streambed
3
2
1 1
n
19. Rooted upland plants in streambed
3
2
1
0
20, Macrobenthos (note diversity and abundance)
0 ?
1
2
3
21, Aquatic Mollusks
0 '
1
2
3
22 Fish_
23, Crayfish
0
C..5
1
1.5
O P
0.5
1
1.5
24. Amphibians
0
0.5
1
1,5
25. Algae
0 ,1
s3.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75;
BL = 1.5 ther = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
* lip '� ^ •� �' r o
Sketch:

Data Source: ESRI World Topoeraphic, Created: Mondav, March 11, 2024 Path: D:\23-075 Brevard Rd Herron Proo\GIS\Brevard Rd 25Dec23.aorx
Figure 1. Aquatic resources map for 0 62.5 125 250
1431 Brevard Road, Asheville, NC. Feet NUTTER+ASSOCIATES
ENVIRONMENTAL CONSULTANTS

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Photo I yew up e±ent of the subject ime mitentchannel at the confluence with Boring Mill Bench.
The channel at this location is dy.
IN
Photo Photo % A at em / to collect macro invertebrates from the channel was made and none were collected.

Photo 5. One American bullfrog was collected in the intermit ent channel.

Attachment E.
Signed Preliminary Jurisdictional Determination (PJD)

urisdictional Determination Request
US Army Corps
of Engineers
Wilmington Drslrict
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers. Wilmington District (Carps). Please include ail supporting,
information, as described within each category, with your request. You may submit your request
via mail, electronic mail. or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http://www.saw.Lisace,artny.miI/Missions/Re=uIatoiyPermitProgram/Contact/CotuttyLocator.aspx,
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE &CHARLOTTE REGULATORY
FIELD OFFICES
US Anny Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina28801-5006
General Number: [phone]
Fax Number: [phone]
RALEIGH REGULATORY FIELD OFFICE
US Arley Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest. Nortb Carolina 27587
General Number: [phone]
Fax Number: [phone]
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
1407 West Fifth Street
Washington. North Carolina 27889
General Number: (910) 25 1-46 10
Fax Number: [phone]
11 I1,NIINC; I'ON REGULATORY FIELD OFFICE
\; ni1 Corps :, Engineers
17;rrlington A\ critic
1� ilr11ogton.No tI [ arolina28403
[ i nci:tI \umber. l y i. s 1-4633
F ti \tinnier:-"r1fi, '=• -4025
All requestors must complete Parts A, B, C, D,1E, F and G.
NOTE TO CONS ULTAVT`� AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE O X PART D - NC: DOT REQUESTS: Property owner authorization/notification for
JD requests �t-�sociated with North Carolina Department of Transportation (NCDOT)
projects will I)v c onducted according to the current NCDOT/USAGE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants. or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page 1

Jurisdictional Detern-lination Request
A. PARCEL IN FORMATION
Street Address: 1431 Brevard Road
City, state: Asheville, NC 28806 --
County:
Buncombe
Parcel Index Number(s) (PTN): 9626803208
B. REQUESTOR INFORMATION
Name: Alan Moore, PWS
Mailing Address: Nutter & Associates, Inc.
Telephone Number:
Electronic Mail Address:
Select one:
304 New Leicester Highway Suite B
828-275-0605
amoore(gnutterinc.com
I am the current property owner.
® I am an Authorized Agent or Environmental Consultant]
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION`
Name: Jimmy and Cynthia Herron
Mailing Address: P.Q. Box 2223
Telephone Number:
Electronic Mail Address:
Leicester, NC 28748
828-230-7500
[e-mail]
1 Must provide completed Agent Authorization Form/Letter.
'- Documentation of ownership also needs to be provided with request (copy of Deed, County +GI5/Parcel/Tax Record).
Version: May 2017 Page 2

Jurisdictional Determination Request
MENNEN
D. PROPERTY ACCESS CERTIFICATION'•'
By signing below, I authorize representatives of the Wilmington District, U.S. Army Carps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
FM
Print Name
Capacity: ® Owner ❑ Authorized Agent'
Date A ► ,
E. REASON FOR JD REQUEST: (Check as many as applicable)
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all j urisdictional aquatic resources under Corps authority.
❑�% I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps,. and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial sicp Ht a future permitting
process.
I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
0 I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
A Corps JD is required in order obtain my local/state authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource can the parcel.
I believe that the site may be comprised entirely of dry land.
Other:
For NCDOT requests following the current NCDOTICFSACE protocols, skip to Part E,
If there are multiple parcels owned by different parties, please provide the following for each additional parcel an a
continuation sheet.
5 Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3

jurisdictional Determination Request
A Preliminary Jurisdictional Determination (PJFD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
``preliminary-' in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein,
An Approved Jurisdictional Detern-iination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs arc sLifflicient as the basis for permit
decisions. AJDs are appealable (33 CT R. 331.2). The results of the AJD will be
posted on the Corps website. A landmN nc r. pen -nit applicant, or other "affected
C ,Y-R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions e\plained in Regulatory Guidance Letter 05-
02).
® I am unclear as to which. JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
❑ Map of Property or Project Area. This Map must clearly depict the boundaries of the
review area.
�%❑ Size of Property or Review Area 7.46 acres.
EThe property boundary (or review area boundary) is clearly physically marked on the site.
ri -5
Version: May 2017
Page 4
wLt—

Jurisdictional Determination Request
11. REQUESTS FROM CONSULTANTS
0 Project Coordinates (Decimal Degrees): Latitude:
Longitude:
35-5121247
82.6019222
Ly .l A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must he no larger than 11x17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved),`
a North Arrow
w Graphical Scale
■ Boundary of Review Area
■ Bate
Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively pennanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
■ Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus', or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States. or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
® Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
h Please refer to the guidance document titled "survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. littp://www.saw.usace.anny.mil/Missions/Regulatory-Pennit-
PrQgram/J u r i sd i ct i on/
Version: May 2017 Page 5

Jurisdictional Determination RegLlest
Completed ii l)rof)riate Jurisdictiomd Determination form
• Pj!IS please complete a Prelitninary Jurisdictional Determination Form and include the
Aquatic Resource Table
• AlfDs. please complete an Approved Jurisdictional Determination Forms
Vicinity Map
O Aerial Photograph
USGS Topographic Map
Soil Survey Map
aOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, s, FEMA floadpWn maps)
Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
w w.siw.usatr.arJn. enil'I'art7ls_.'_4ldacslregulatorylregdocs.!JD�RGL_US-Q2 App A Prelim J© Farm_tillable.pdf
" Please see hiip://www.saw.usace.arrny.niil/Missions/ReLtilatoa,-Permit-EEQ&ram/Jurisdiction%
Principal Purpose: The inforr . ition that you provide will be used in evaluating your request to determine
whether there are any aqua'._ r, Tres within the project area subject to federal jurisdiction under the regulatory
authorities referenced abo� e.
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. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AlD), which wiII be made available to the public on the District's webs'ste
and on the Headquarters USAGE website.
Disclosure: 5ubmission of requested information is voluntary; however. if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6

Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 7/1 1 /2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jimmy and Cynthia Herron
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, 1431 Brevard Road, 2023-00552
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Buncombe city: Asheville
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.5121247 Long.:-82.6019222
Universal Transverse Mercator: NAD83
Name of nearest waterbody: French Broad
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
■❑ Field Determination. Date(s): Nutte, and Associates 5/15/2023, USACE field visit 7/5/2023
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
please
see attached
Table 1. in the
aquatic resources
report.

1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:

SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Figure 1. Vicinity map, Figure 2. Aquatic Resource map; Figure 3. NRCS soils map; Figure 4. NWI wetlands; Figure 5. Topographic map
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
■❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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:
❑ Natural Resources Conservation Service Soil Survey. Citation: Buncombe County,Version 20, Sep 8, 2022
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
■❑ Photographs: ❑ Aerial (Name & Date):
or ■❑ Other (Name & Date): 5/15/2023
❑ Previous determination (s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
9
07/11 /2023
Signature and ate of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.

Table. Summary of aquatic resources delineated at 1431 Brevard Road, Ashville, North Carolina.
Latitude
Longitude
(decimal
(decimal
Acreage or
Geographic
Site Number
degree)
degree)
Length
Type
Authority
Wet-1
35.5127147
-82.6016934
0.55 acres
Wetland
404
Wet-2
35.5110715
-82.6015851
0.01 acres
Wetland
404
Wet-3
35.512104
-82.6013932
0.01 acres
Wetland
404
Non -Wetland
NWW-1
35,51237E9
-816016613
604 feet
Water
404
Non -Wetland
NWW-2
35.5129673
-82.6019697
177 feet
Water
404
Non -Wetland
NWW-3
35.5122367
-82.6011704
125 feet
Water
404
Neon -Wetland
NWW-4
35.511301
-82.6014219
439 feet
Water
404
Neon -Wetland
NWW-5
35.5130294
-82.6025642
32 feet
Water
404
NWW = Non -Wetland Waters
Sincerely,
NUTTER & ASSOCIATES, INC.
/ y-- "' r�� �
Alan Moore, PWS
Project Scientist II
Attachments
Established 1984

Data Source: ESRI World Topoeraphic, Created: Fridav, Julv 7, 2023 Path: DA23-075 Brevard Rd Herron
Figure 2. Aquatic resources map for 0 62.5 125 250
1431 Brevard Road, Asheville, NC. Feet NUTTER+ASSOCIATES
ENVIRONMENTAL CONSULTANTS

Attachment F.
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