20170511 Ver 1_USACE Jurisdictional Determination_20170214

U.S. ARMY CORPS OF ENGINEERS
Wilmington District
Action ID: 2017-00255 County: Rutherford
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Responsible
Party Jeff Belflower
Address 452 Luckadoo Road
Bostic, NC 28018
Telephone Number 828-980-5715
Authorized
Agent: N/A
Address
Telephone Number
Size and Location of Property (waterbody, Highway name/number, town, etc.)
The site is located on an approximately 52.22 acre tract of land (parcel no. 1650415) at 452 Luckadoo Road in
Bostic, Rutherford County, North Carolina. Coordinates are 35.45815 N, 81.82209 W.
Unnamed tribitaries (UTs) of Roberson Creek are located on the property. Based upon review of information
submitted to this office and review of available data at this location, the UTs of Roberson Creek are potential
waters of the U.S. and likely Department of Army jurisdictional features under Section 404 of the Clean Water Act.
Description of Activity: The proposed work is to construct an agricultural pond to water livestock and provide
water for irrigation.
Your work as proposed does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the property.
The proposed project does not impact jurisdictional waters or wetlands.
X The proposed project is exempt from Department of the Army regulation.
(Specify) After review of the submitted documents which included a farm pond/irrigation exemption
request, the Department of Army (DA) has determined the activities to construct the proposed
pond is exempt from DA regulation based upon current and on-going agriculture use.
This Department of the Army determination does not relieve the permittee of the responsibility to obtain any
other required Federal, State, or local approvals/permits. The permittee may need to contact appropriate
State and local agencies before beginning work.
Any changes in the above described work must be coordinated with the Corps of Engineers prior to
commencement. If you have any questions regarding the Corps of Engineers regulatory program, please
contact David Brown at telephone number [phone] x232
Regulatory Project Manager Signature
Date: February 14, 2017
Expiration Date: Date of Conversion to Non-agricultural Use
Copy: Rutherford County Soil & Water Conservation District, Attn.: Brandon Higgins, 500 West Street, Spindale,
NC 28160
US Army Corps of Engineers — Wilmington District
Ashville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006