20180188 Ver 1_401 Application_20180218

a
v
Joy
Kirk and Konnie Hall --blsj�
460 Orchard Lake Road [phone]
Saluda, NC 28773 [phone]
February 5, 2018 f @ u V
Andrew Moore and David Brown" 0 7 2018 Pi U
NCDENR & US Corp of Engineers respectively
Dear Andrew and David,
I would like to thank you for your time and energy in working with us in the process of building our
pond. Attached are the following documents:
• PCN Form with payment attached.
• Copy of email from Natalie Berry with Henderson County regarding soil erosion (Please note
that our grading contractor has experience building ponds and will use silt fencing and socks and
other means necessary to avoid sediment displacement. We also plan to do construction during a
dry period).
• Reasons to build our pond.
• Drain overflow diagram.
• Vicinity map.
• Site plan.
• Previous PCN submitted.
• Previously acquired permissions from NCDENR Division of Land Resources.
• Previously acquired permissions from US Corp of Engineers (Including NC Wildlife Resources
Commission letter).
• Previously acquired Henderson County permit.
• Previously acquired NCDOT permit.
• Copy of the Kirk A. and Konnie Hall Joint Living Trust
Should you need or require any more information, please do not hesitate to contact me.
i�erel�,
Kirk A. Hall, Applican and Trustee of the Kirk A. and Konnie Joint Living Trust

ot W A TF9 G,
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a
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1a. Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1b. Specify Nationwide Permit (NWP) number: 42 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
® Yes ❑ No
1d. Type(s) of approval sought from the DWQ (check all that apply):
401 Water Quality Certification — Regular ❑ Non404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ
401 Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in4ieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes ® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes ® No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes ® No
2. Project Information
2a. Name of project:
Kirk and Konnie Hall Pond
2b. County:
Henderson
2c. Nearest municipality / town:
Saluda, NC
2d. Subdivision name:
N/A
2e. NCDOT only, T.I.P. or state project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Kirk A and Konnie Hall Joint Living Trust
3b. Deed Book and Page No.
Pin #9594830464 1214/739 1652/280
3c. Responsible Party (for LLC if
applicable):
N/A
3d. Street address:
Adjoining 4280 Fork Creek Rd
3e. City, state, zip:
Saluda, NC 28773
3f. Telephone no.:
[phone]
3g. Fax no.:
3h. Email address:
[e-mail]
Page 1 of 10
PCN Form — Version 1.4 January 2009

4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent 00ther, specify: 6
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
411. Email address:
5. Agent/Consultant information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
51'. Fax no.:
5g. Email address:
Page 2 of 10

B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
19935042
1 b. Site coordinates (in decimal degrees):
ILatitude: -82.355512 Longitude: 35.196189
1c. Property size:
2.91 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Unnamed Tributary to Colt Stream
2b. Water Quality Classification of nearest receiving water:
WS - I Itrout
2c. River basin:
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
The property contains an intermittent stream and part of a sizable acreage adjoining a house. It is currently unused for other purposes.
3e. The project is to use a small track -hoe to excavate a small pond of 0.5 - 0.66 acres in size. The pond will include a bottom drain system to release
water to flow Into Coh Stream to not disturb the water flowing seasonally from the intermittent stream.
3b. List the total estimated acreage of all existing wetlands on the property:
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 90
3d. Explain the purpose of the proposed project:
See Attached "Kirk and Konnie Hall are Building a Pond with the following masons in mind"
3e. Describe the overall project in detail, including the type of equipment to be used:
This field does not work property to show wrapped text. See field 3a for answer.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (includingall prior phases)in the past?
® Yes ❑ No ❑ Unknown
Comments:
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ Preliminary ® Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known): James D. Simons, Tasha McCormick, Mark Gibbs
Agency/Consultant Company: NCDENR and US Army Corps of
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
January 29, 2010 - Permission from NCDENR for project, June 2, 2010 - Permit from US Army Corps of Engineers for project, November 16, 2009
Henderson County Permit, November 30, 2009 NCDOT Permit
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
®Yes ❑ No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
When the permits were received it was not possible to continue this project due to unrelated circumstances. See above and attached for details.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes No
6b. If yes, explain.
Page 3 of 10
PCN Form - Version 1.4 January 2009

C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams — tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts propose on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number
Permanent (P) or
Temporary T
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction
Corps (404,10) or
DWQ (401, other)
2f.
Area of
impact
(acres)
W1 -
Choose one
Choose one
Yes/No
-
W2 -
Choose one
Choose one
Yes/No
-
W3 -
Choose one
Choose one
Yes/No
-
W4 -
Choose one
Choose one
Yes/No
-
W5 -
Choose one
Choose one
Yes/No
-
W6 -
Choose one
Choose one
Yes/No
-
2g. Total Wetland Impacts:
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
Stream impact
number
Permanent (P) or
Temporary (T)
3b.
Type of impact
3c.
Stream name
3d.
Perennial (PER) or
intermittent (INT)?
3e.
Type of
jurisdiction
3f.
Average
stream
width
(feet)
3g.
Impact
length
(linear
feet)
S1 P
Excavation
Unnamed Tributary
INT
Corps
2
90
S2 -
Choose one
-
-
S3 -
Choose one
-
-
S4 -
Choose one
-
-
S5 -
Choose one
-
-
S6 -
Choose one
-
-
3h. Total stream and tributary impacts
90
3i. Comments:
Page 4 of 10
PCN Form — Version 1.4 January 2009

4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
Open water
impact number
Permanent (P) or
Temporary T
4b.
Name of waterbody
(if applicable)
4c.
Type of impact
4d.
Waterbody
type
4e.
Area of impact (acres)
01 -
Choose one
Choose
02 -
Choose one
Choose
03 -
Choose one
Choose
04 -
Choose one
Choose
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, the complete the chart below.
5a.
Pond ID number
5b. 5c.
Proposed use or Wetland acts (acres)
purpose of pond
Flooded Alled Excavated
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
Flooded
Filled
Excavated
P1
Other
70
20
0.6
P2
Choose one
5f. Total:
70
20
0.6
5g. Comments: See attached for answer to 5b
5h. Is a dam high hazard permit required?
❑ Yes ® No If yes, permit ID no:
5i. Expected pond surface area (acres):
0.6
5j. Size of pond watershed (acres):
12
5k. Method of construction:
Excavate small pond and add stand pipe to release bottom water from pond
6. Buffer Impacts (for DWO) 'A
If project will impact a protected riparian b ffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
❑ Neuse ❑ Tar -Pamlico ❑ Catawba ❑ Randleman ❑ Other:
6b.
Buffer Impact
number -
Permanent (P) or
Temporary T
6c.
Reason for impact
6d.
Stream name
6e.
Buffer
mitigation
required?
6f.
Zone 1
impact
(square
feet)
6g.
Zone 2
impact
(square
feet
B1 -
Yes/No
B2 -
Yes/No
B3 -
Yes/No
B4 -
Yes/No
B5 -
Yes/No
B6 -
Yes/No
6h. Total Buffer Impacts:
6i. Comments:
Page 5 of 10

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
We plan to accomplish construction during the summer or a season when the ground is dry and the intermittent stream has no water. We also plan to
begin work at a time when there is no forecast precipitation.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
We plan to use sediment control BMPs to prevent the adjoining Colt Stream from being effected in the case of precipitation during the time length of
construction. We also plan to use a silt sock and pump to drain pooled water during construction to avoid displacing sediment down stream.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes Vf No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete N Using a Mitigation Bank NO
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity:
Quantity:
Quantity:
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program r4
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
S. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 6 of 10
PCN Form — Version 1.4 January 2009

6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ diA
6a. Will the project result in an impact within a protected riparian buffer that requires
Yes No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 7 of 10

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes No
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
2b. Does this project require a Stormwater Management Plan?
❑ Yes No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e. Who will be responsible for the review of the Stormwater Man gement Plan?
3. Certified Local Government Stormwater Review
3a. In which localgovernment's jurisdiction is thisproject?
❑ Phase II
❑ NSW
3b. Which of the following locally -implemented stormwater management programs
USMP
apply (check all that apply):
Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑Yes ❑ No
attached?
4. DWQ Stormwater Program Review fV
❑Coastal counties
❑HQW
4a. Which of the following state -implemented stdrmwater management programs apply
ORW
(check all that apply):
HSessionLaw 2006-246
❑Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
Yes No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes No
Page 8 of 10
PCN Form — Version 1.4 January 2009

F.
Supplementary Information
1.
Environmental Documentation (DWQ Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c.
If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2.
Violations (DWQ Requirement)
2a.
Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H.1300), DWQ Surface Water or Wetland Standards,
❑Yes ® No
or Riparian Buffer Rules (15A NCAG 2B .0200)?
2b.
Is this an after -the -fact permit application?
❑Yes ® No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWQ Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes ® No
additional development, which could impact nearby downstream water quality?
3b.
If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4.
Sewage Disposal (DWQ Requirement)
4a.
Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 9 of 10
PCN Form — Version 1.4 January 2009

,
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ® No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
-
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
See Attached Map. https:/tfws.maps.arcgis.com/hometwebmaptviewer.html?webmap=9d8de5e265ad4feO9893cf75b8dbfb77
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes( No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
n
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7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
Yes kLNo
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7tL,What data source4 did you usq toetermine whether your si a would im act histori or archeological reso ces?
s
LCs �'`�-
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes O_No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
Kirk A Hall
✓ ._
r
- s • ��
Applicant/Agent's Printed Name
Applicant/Agents Signature
Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

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M Gmail
Fork Creek Road Project (next to 4280)
1 message
Natalie Berry <[e-mail]>
To: "Moore, Andrew Ww <andrew.w.moore@ncdenrgov>
Cc: "[e-mail]" <[e-mail]>,
Andrew,
Hannah Hall <[e-mail]>
Fri, Feb 2, 2018 at 2:26 PM
"[e-mail]" <[e-mail]>
I spoke with Ms. Hannah Hall [phone] regarding the construction of a pond on property
they own. She told me it is near 4280 Fork Creek Road which is on the boundary of Henderson
County and Pops County. If the parcel that the pond is to be constructed on is located in Henderson
County, an soil erosion and sedimentation control plan is not required. Our regulations require a
permit if 1 acre or more of land disturbance is proposed. She stated that the pond would be
between 0.5 to 0.66 acres. If the parcel is on the other side of 4280 Fork Creek Road, it is located
in Polk County and I believe they are under the Asheville Regional Office for Erosion Control. I
believe there regulations would be the same unless they have a local program in Polk that I am
unaware. Let me know if you need any further information on this project.
Thanks
Natalie
Natalie J. Berry PE, Project Engineer
Henderson County Government
Project Management Department
100 N. King Street, Suite 118
Hendersonville, NC 28792
[phone] office phone
[e-mail]
an _ags_783aedc02dic4a95bfcaeb3a7df4cl7e.pdf
376K

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2018

Kirk and Konnie Hall are Building a Pond with the following reasons in mind:
1. The site of our pond is in an inconsistent location of water and is dependant on heavy
precipitation to provide wildlife, insects, domestic animals and bees with much needed
hydration/irrigation. Upon completion, our pond will provide a consistent water source for
the benefit of wild and domestic plant and animal species. We are also beekeepers
which should give a good water source for our bees. There has been a declining bee
population for some years.
2. Our pond should be able to support a greater presence of native species in its area
habitat. We plan to construct purple martin houses. We plan to stock our pond with
sustainable fish.
3. Our pond will attract species such as frogs, birds, and dragonflies which help suppress
pest populations such as mosquitoes and slugs.
4. Our pond will provide a good source of water storage for agriculture, wildlife, and
emergency use in the case of drought to which our area of western North Carolina has
been susceptible. In our rural area with limited options, our pond would provide a water
source to combat forest fires. During the fall of 2016 there were numerous forest fires
threatening multiple areas in our proximity. We plan to contact our local fire department
to inform them of the availability of this resource.
5. Our pond will create an environment of peace and rest for both us and our neighbors
and will provide emotional benefits such as reduced stress for people who enjoy its
beauty. It will be valuable in its contribution to the wholeness of a person's wellbeing.
6. A sizeable percentage of ponds and wetlands have been destroyed for urban
development and commercial agricultural purposes. This project will take a step towards
restoring a pond to the landscape for environmental and aesthetic benefits.

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Public Access
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This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
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This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.

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Office use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Pre -Construction Notification (PCN) Form
APr 3 J 20,10
A. Applicant information
1. Processing
1 a. Type(s) of approval sought from the % Simon 404 Permit ❑ Section 10 Permit
Section
Corps: %'
IA
b. Specify Nationwide Permit (NWP) number. or General Permit (GP) number.
1c. Has the NWP or GP number been verged by Corps?
Yes
❑ No
Id. Type(s) of approval sought from the DWQ (check all that apply):
❑ 401 Water Quality Certification — Regular 0 Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ❑ No
For the record only for Carps Permit
❑ Yes ® No
If. Is payment into a mitigation bank or in -lieu fee program proposed for rrutigation
of impacts? If so, attach op acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
❑ No
1 g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1h
below.
❑ Yes
No
1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project information
2a. Name of project:
4Ca
2b. County:
2c. Nearest municipality / town:
,
2d. Subdivision name:
+"}
2e. NCDOT only, T.I.P. or state
project no:
3. Owner information
3a. Name(s) on Recorded Deed:
3b. Deed Book and Page No.
< t
3c. Responsible Party (for LLC if
applicable):
3d. Street address:Z.�3G�
_
fir-
3e. City, state, zip:
c C- ` r3`7-7
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
( jC 4-0 , ("Om—
Page 1 of 11
PCN Form —Version 1.3 December 10, 2008 Version

l
4. Applicant Information (if different from owner)
4a, Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c: Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
5b. Business name
(if applicable):
5c. Street address:
5d. City, state, zip:
5e. Telephone no.:
5f. Fax no.:
5g. Email address:
Page 2 of 11

B. Project Information and Prior Project History
1. Property Identification
1 a. Property identification no. (tax PIN or parcel ID):
.
Q 3 O � 2-
Labe 5-ongitude. .,t Q,I
1 b. Site coordinates (in decimal degrees):
1b.
(DD.DDDDDD) (-DD-DDDDDD)
1c. Property size:
l acres
2. Surface waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
Calf
2b. Water Quality Classification of nearest receiving water.
2c. River basin: map Is available at
http:t/h2o.enr.state.nc.usladrrdn/maps/
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
3b. List the total estimated acreage of all existing wetlands on the property:
0
3c. List the total estimated linear feet of all existing streams (intenTMent and perennial) on the property:
9P r
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
-6" %a- t d Lac -, %t/;v A- .
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
Yes No ❑Unknown
project (including all prior phases) in the past?
Comments:
4b. If the Corps made the jurisdictional determination, what type
Preliminary 09.Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
I
Name (if known):
Other. —
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
'3. `its -- «
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version

• 0
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
Yes No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. is this a phased project?
❑ Yes No
6b. If yes, explain.
Page 4 of 11

0
0
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
Q Wetlands Streams - tributaries Q Buffers
❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number -
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ - non -404, other)
(acres)
Temporary
W1 ❑PQT
❑ Yes
❑ No
❑ Corps
Q DWQ
W2 ❑ P ❑ T
❑ Yes
❑ No
Q Corps
Q DWQ
W3 ❑ P ❑ T
❑ Yes
❑ No
❑ Corps
❑ DWQ
W4 ❑PQT
❑Yes
❑ No
Qhs
Q DWQ
W5 Q P Q T
❑ Yes
❑ No
Q Corps
❑ DWQ
W6 ❑ P E] T
❑ Yes
Q No
Q Corps
❑ DWQ
2g. Total wetland Impacts
2h. Comments:
3. Stream impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Coups - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ - non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 PkP Q T
.�
t';tl�, "
v -:T- 4
�' �'
❑ PER
INT
Corps
DWQ
.
s
S2 P ❑ T
❑ PER
❑ INT
E] Corps
❑ DWQ
t1
S3 ❑ P ❑ T
❑ PER
Q INT
Q Corps
❑ DWQ
S4 ❑PQT
❑ PER
❑ INT
❑ Corps
❑ DWQ
S5 ❑ P ❑ T
❑ PER
Q INT
❑ Corps
❑ DWQ
S6 ❑ P Q T
Q PER
❑ INT
❑ Corps
❑ DWQ
3h. Total stream and tributary impacts
I
3i. Comments:
Page 5 of 11

4. Open Water Impacts N
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then Individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary
01 ❑PC]T
02 ❑P[IT
03 ❑PQT
04 ❑Pt]T
0. Total open water impacts
4g. Comments:
S. Pond or Lake Construction
If pond or lake construction proposed, complete the chart below.
5a.
5b.
5c.
5d.
5e,
Wetland Impacts (awes)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
acres
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
P1
c.
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes No If yes, permit ID no:
5i. Expected pond surface area (acres):
..
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian Cuffer, then complete the chart below. if yes, then individually list all buffer impacts
below. If any impacts requi mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar -Pamlico El Other
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number —
Reason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
for
Stream name
mitigation
(square feet)
(square feet)
Temporary
impactrequired?
B1 [1PQT
❑Yes
❑ No
B2 ❑PF1T
F1 Yes
❑ No
B3 ❑PQT
❑Yes
❑ No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11

D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
�� w...,r-+• ••✓►-tin.....-. t •y�b.,.7�r '�B�,� r
b. Specifically describe measures taken to avoid or minimize the proposed Impacts through construction techniques.
2. Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ;KNo
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ payment to in4ieu fee program
❑ Permittee Responsible Htigation
3. Complete If Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete If Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
linear feet
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
square feet
4e. Riparian wetland mitigation requested:
acres
4f. Non -riparian wetland mitigation requested:
acres
4g. Coastal (tidal) wetland mitigation requested:
acres
4h. Comments:
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5, Complete if Using a Permittee Responsible Mitigation Plan OA
5a. If using a permittee responsible mitigation pian; provide a description of the proposed mitigation plan.
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ KI/14
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? If You will have to fill out this entire form — please
contact the State for more information.
[3 Yes O,No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
Page 8 of 11

E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes KNo
within one of the NC Riparian Buffer Protection Rules?
1 b. If yes, then is a diffuse flow plan included? if no, explain why.
❑ Yes No
Comments:
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
%
2b. Does this project require a Storrnwater Management Plan?
❑ Yes ❑ No
2c. If this project DOES NOT require a Storrnwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
❑ Certified Local Government
2e. Who will be responsible for the review of the Stormwater Management Plan?
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
❑ Phase 11
3b. Which of the following locally -implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other.
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a. Which of the following state4mplemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
❑ Yes ❑ No
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version

•
•
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1 a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ❑ No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements ofthe National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval
❑ Yes ❑ No
letter.)
Comments:
2. Violations (DWQ Requirement) N*
2a. is the site in violation of DWQ Welland Rules (15A NCAC 2H .0500), Isolated
` _
Welland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
13Yes o
or Riparian Buffer Rules (15A NCAC 2B .0200)?
2b. Is this an after -the -fact permit application?
❑ Yes CRNO
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑Yes XNo
additional development, which could impact nearby downstream water quality?
3b. If you answered yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Page 10 of 11
PCN Form — Version 1.3 December 10, 2008 Version

5. Endangered Species and Designated Critical Habitat (Corps Requirement) N
5a. Will this project occur in or near an area with federally protected species or
❑ Yes No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑Yes ❑ No
impacts?
❑ Raleigh
5c. if yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
6. Essential Fish Habitat (Corps Requirement) jJ
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ❑ No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes No
status (e.g., National Historic Trust designation or properfies significant In
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
8. Flood tone Designation (Corps Requirement) A ,
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
❑ Yes ❑ No
8b. If yes, e)oain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
AppiicantlAgent's Printed Name
Hate
ApplicanflAgent's ignature
(Agent's signature is valid only I an authorization letter frown the applicant
Isprovided.)
Page 11 of 11

GoMAPS - Henderson County NC Public Access Page 1 of I
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http://gisweb.hendersoncountync.org/GoMapsimap/Index.cfm 11/23/2009

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r
Kirk and Konnie Hall 2/3 acre Pond GoMAPS - Henderson County
NC Public Access
***WARNING: "1'HIS 1S NUT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
Wednesday, October 28 2009
AV
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***WARNING: "1'HIS 1S NUT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
Wednesday, October 28 2009
AV

AUA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Land Resources
Land Quality Section
James D. Simons, PG, PE Beverly Eaves Perdue, Governor
Director and State Geologist Dee Freeman, Secretary
January 29, 2010
Mr. Kirk A. and Mrs. Konnie F. Hall /
129 "lve 1/ 10 0, -' " LA)La- RPkPa-41Flaq�, North Carolina 3A7<1 `7
RE: Proposed Kirk and Konnie Hall Pond Dam
Henderson County
Dear Mr. and Mrs. Hall:
The information received in our office by e-mail from Mr. Kirk Hall on December 14, 2009
regarding the proposed dam has been reviewed. Also, Land Quality Section personnel from the
Asheville Regional Office conducted an inspection of the dam site and downstream areas to
confirm the proposed low hazard classification on December 30, 2009. Based on the above -
referenced information and site inspection, our office concurs that a low hazard classification is
presently warranted based on the current development downstream from the proposed dam site.
The dam as proposed will be less than 15 feet in height and impound less than 10 acre-feet, and
thus, an exemption to the North Carolina Dam Safety Law of 1967 can be granted.
However, the following comments are offered:
1. Our office encourages the owner of any proposed dam to construct his dam to the same
standards as if it were under the jurisdiction of the Dam Safety Law of 1967.
2. If the dam is constructed such that it is 15 feet in height or greater as measured from the
highest point on the crest of the dam to the lowest point on the downstream toe and will
impound 10 acre-feet or more at the highest point on the crest of the dam, this dam will
not be exempt, and engineering certification, and record drawings and specifications will
be required along with application processing fees.
3. If future downstream development occurs which would be impacted by a failure of the
dam, then the hazard classification would need to be reassessed and could change from
low to either intermediate or high hazard classification. Please note that in accordance
with General Statute 143-215.25A(a)(6), dams which are determined to be high hazard
are subject to the provisions of the Dam Safety Law of 1967 regardless of height or
impoundment capacity.
1612 Mail Service Center, Raleigh, North Carolina 27699-1612 • Telephone [phone] / FAX: [phone]
512 North Salisbury Street, Raleigh, North Carolina, 27604 • Internet:hftp://www.dlr.enr.state.nc.us/pages/landqualitysection,htmi

Mr. Kirk A. and Mrs. Konnie F. Hall
i .,,wary 29, 2010
Page 2 of 2
The Army Corps of Engineers and the Water Quality Section of this Department should be
contacted to determine if additional permits are required. Also, the erosion and sediment control
program having jurisdiction should be contacted to determine permit requirements. In any case,
sediment must be prevented from entering the waters of the state or flowing onto neighboring
property.
Please contact Ms. Janet Boyer, Regional Engineer, Land Quality Section, 2090 U.S. Highway
70, Swannanoa, North Carolina 28778, telephone number [phone], or me at telephone
number (919) 7334574 should you have any questions concerning this matter.
Sincerely,
W &�Ow g
William H. Denton, IV, EIT
Assistant Dam Safety Engineer
Land Quality Section
cc: Ms. Janet Boyer, PE, Land Quality Regional Engineer
Surface Water Protection Supervisor
Filename: HENDE-EXEMPT Kirk and Konnie Hall Pond exemption letter
+jr-&.J Ao ra-

I
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
DAM SAFETY PROGRAM
Data Needed to Determine if a Dam is
Governed by the Dam Safety Law of 1967 (as Amended)
If it is your desire to have the Land Quality section's Dam Safety
Program staff determine if your dam is governed by the Dam Safety Law of 1967
(as amended) (General Statute 143-215.23-37), please complete this form and
return to:
State Dam Safety Engineer
North Carolina Department of Environment
and Natural Resources
Division of Land Resources
Land Quality section
1612 Mail Service Center
Raleigh, NC 27699-1612
1. Name of Owner Kirk A. and Konnie F. Hall
"Iry4 Qr c a-r� Rai 5a-la4 - 2 $7 y'3
Mailing: , Elat ltauk , NC 2A4 -3,i / Dam
Location: 4280 Fork Creek Road, Saluda, NC 28773
City
Telephone [phone]
State
2. County in Which Dam is Located Henderson
Brief Description of Location
Pdf' s .
Zip
At 4280 Fork Creek Road. See
Name of Stream N/A Pond to be filled with rain & around water
Nearest State Road Number (SR #) 1840
3. Drainage Area in Acres 10-12 Acres Estimated. See PDF.

Data Needed to Determine if a Dam is Governed by the Dam
Safety Law of 1967 (As Amended)
Page Two
4. Impoundment Area at Normal Pool in Acres
5 Impoundment Area at Top of Dam in Acres
estimated .6 acre
estimated .68 acre
6. Depth of Water at Normal Pool in Feet Deepest 8 feet, Average 4 feet
estimated.
7 Depth of Water at Top of Dam in Feet 8 feet
8 Height of Dam from Highest Point on the Top of the Dam to the
Lowest Point on the Downstream Toe of the Dam in Feet
9 feet
9 Other Information to Describe What is Located Downstream from the Dam
such as Structures, Roads, Etc.
A small spring and a small stream start downstream from the proposed
pond which eventually flows into Orchard Lake. We own the property on
the south side of the stream all the way to Orchard Lake with no
permanent structures or roads affected. The house we own at 4280 Fork
Creek Road should not be affected. A modular home at 370 Orchard Lake
Road is located on the north side downstream well above the stream and
any area which could be affected by a breach.
10. please Attach a Copy of a Map (Preferably, a USGS Quad Map)
Showing the Location of the Dam. Please see all the related Pdf's.
Please copy and paste the following Google link in your browser for an
aerial view:
http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=4280+fork+cr
eek+road,+saluda,+nc,+28773&sll=37.0625,-
95.677068&sspn=36.863178,92.900391&ie=UTF8&hq=&hnear=4280+Fork+Creek+Rd,
+Saluda,+Henderson,+North+Carolina+28773&11=35.198211,-
82.354138&spn=0.004647,0.01134&t=h&z=17
dsgovern.frm (Revised 8/24/00)

I
HAZARD CLASSIFICATION DATA FORM FOR DAMS
DAM NAME K&K COUNTY—Henderson NUMBER
RIVER/STREAM N/A QUADRANGLE
DAM HEIGHT—8 feet SURFACE AREA(ACRES) .6 STORAGE CAPACITY (ACRE FT.) 2.4 est.
PRIMARY DOWNSTREAM LAND USE:
x
WOODLAND11
AGRICULTURAL
DOWNSTREAM IMPROVEMENTS:
x
DWELLINGS 11 BUILDINGS
DOWNSTREAM IMPROVEMENT DATA:
11
x
RESIDENTIAL INDUSTRIAL/COMMERCIAL
nROADS n UTILITIES
Type
Improvement
Distance
Downstream
Floodplain
Width
Channel
Slope
Elevation
Above
Breach
Wave
Culvert/Bridge
Dimensions
Traffic
Count
Sight
Distance
Floodplain
Elevation
370
827 feet
118 feet
N/A
N/A
Orchard
?
Lake Road
Home
4280 Fork
173 feet
120 feet
N/A
N/A
Creek Road
?
Home
Campground
900 feet
N/A
N/A
DESCRIBE POTENTIAL FOR LOSS OF LIFE AND STRUCTURAL OR ENVIRONMENTAL DAMAGE TO EXISTING OR
POTENTIAL FUTURE DOWNSTREAM IMPROVEMENTS: Because of the small size of the pond and the fact
that there is a minimum of water acres the water has plenty of space to disburse without any
significant damage to life or property.
RECOMMENDED HAZARD CLASSI ICAT ON:� X W H
NTERMEDIATE I u I HIGH
BY Kirk A. Hall Vim- TITLE Owner DATE 10-/2�8-2009
CONCURRED BY TITLE DATE

GoMAPS - Henderson County NC Public Access Kirk and Konnie
Hall Dam Determination
A
9971711
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***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
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Tuesday, October 27 2009

Kirk and Konnie Hall 2/3 acre Pond GoMAPS -Henderson County
NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
Wednesday, October 28 2009
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Kirk and Konnie Hall Distance to Downstream Structures GoMAPS
- Henderson County NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
Wednesday, October 28 2009
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Wednesday, October 28 2009

Kirk and Konnie Hall Drainage Area 10.8 acres estimated GoMAPS
- Henderson County NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
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***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.

Kirk and Konnie Hall Drainage Area 12.38 Acres Estimated
GoMAPS - Henderson County NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
Wednesday, October 28 2009
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Wednesday, October 28 2009
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Kirk and Konnie Hall Elevation GoMAPS - Henderson County NC
Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
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Wednesday, October 28 2009

Kirk and Konnie Hall Floodplain Width ?? GoMAPS - Henderson
County NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
Wednesday, October 28 2009
LEGEND
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF LAND RESOURCES
LAND QUALITY SECTION
DAM SAFETY PROGRAM
Data Needed to Determine if a Dam is
Governed by the Dam Safety Law of 1967 (as Amended)
If it is your desire to have the Land Quality section's Dam Safety
Program staff determine if your dam is governed by the Dam Safety Law of 1967
(as amended) (General Statute 143-215.23-37), please complete this form and
return to:
State Dam Safety Engineer
North Carolina Department of Environment
and Natural Resources
Division of Land Resources
Land Quality section
1612 Mail Service Center
Raleigh, NC 27699-1612
1• Name of Owner Kirk A. and Konnie F. Hall
Address Mailing: 129 Boyd Drive, Flat Rock, NC 28731 / Dam
Location: 4280 Fork Creek Road, Saluda, NC 28773
City State Zip
Telephone [phone]
2. County in Which Dam is Located Henderson
Brief Description of Location
Pdf ' s .
At 4280 Fork Creek Road. See
Name of Stream N/A Pond to be filled with rain & ground water
Nearest State Road Number (SR #) 1840
3. Drainage Area in Acres 10-12 Acres Estimated. See PDF.

Data Needed to Determine if a Dam is Governed by the Dam
Safety Law of 1967 (As Amended)
Page Two
4. Impoundment Area at Normal Pool in Acres estimated .6 acre
5 Impoundment Area at Top of Dam in Acres estimated .68 acre
6. Depth of Water at Normal Pool in Feet Deepest 8 feet, Average 4 feet
estimated.
7 Depth of Water at Top of Dam in Feet 8 feet
8 Height of Dam from Highest Point on the Top of the Dam to the
Lowest Point on the Downstream Toe of the Dam in Feet
9 feet
9 Other Information to Describe What is Located Downstream from the Dam
such as Structures, Roads, Etc.
A small spring and a small stream start downstream from the proposed
pond which eventually flows into Orchard Lake. We own the property on
the south side of the stream all the way to Orchard Lake with no
permanent structures or roads affected. The house we own at 4280 Fork
Creek Road should not be affected. A modular home at 370 Orchard Lake
Road is located on the north side downstream well above the stream and
any area which could be affected by a breach.
10. Please Attach a Copy of a Map (Preferably, a USGS Quad Map)
Showing the Location of the Dam. Please see all the related Pdf's.
Please copy and paste the following Google link in your browser for an
aerial view:
http://maps.google.com/maps?f=q&source=s_q&hl=en&geocode=&q=4280+fork+cr
eek+road,+saluda,+nc,+28773&sll=37.0625,-
95.677068&sspn=36.863178,92.900391&ie=UTF8&hq=&hnear=4280+Fork+Creek+Rd,
+Saluda,+Henderson,+North+Carolina+28773&11=35.198211,-
82.354138&spn=0.004647,0.01134&t=h&z=17
dsgovern.frm (Revised 8/24/00)

a
HAZARD CLASSIFICATION DATA FORM FOR DAMS
DAM NAME K&K COUNTY Henderson NUMBER
RIVER/STREAM _N/A QUADRANGLE
DAM HEIGHT—8 feet—SURFACE AREA(ACRES) _.6 STORAGE CAPACITY (ACRE FT.) 2.4 est.
PRIMARY DOWNSTREAM LAND USE:
x
WOODLAND a AGRICULTURAL RESIDENTIAL
DOWNSTREAM IMPROVEMENTS:
❑ DWELLINGS a BUILDINGS a ROADS
DOWNSTREAM IMPROVEMENT DATA:
aINDUSTRIAL/COMMERCIAL
❑ UTILITIES
Type
Distance
Floodplain
Channel
Elevation
Breach
Culvert/Bridge
Traffic
Sight
Improvement
Downstream
Width
Slope
Above
Wave
Dimensions
Count
Distance
Floodplain
Elevation
370
827 feet
118 feet
N/A
N/A
Orchard
?
Lake Road
Home
4280 Fork
173 feet
120 feet
N/A
N/A
Creek Road
?
Home
Campground
900 feet
N/A
N/A
DESCRIBE POTENTIAL FOR LOSS OF LIFE AND STRUCTURAL OR ENVIRONMENTAL DAMAGE TO EXISTING OR
POTENTIAL FUTURE DOWNSTREAM IMPROVEMENTS: Because of the small size of the pond and the fact
that there is a minimum of water acres the water has plenty of space to disburse without any
significant damage to life or property.
X
RECOMMENDED HAZARD CLASSIFICATION: LOW
BY Kirk A. Hall
CONCURRED BY
NTERMEDIATE
TITLE Owner
TITLE
HIGH
DATE 10-28-2009
DATE

GoMAPS - Henderson County NC Public Access Kirk and Konnie
Hall Dam Determination
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***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
Tuesday, October 27 2009
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Tuesday, October 27 2009
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and Konnie Hall 2/3 acre Pond GoMAPS - Henderson County
Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the infortYiion contained on this map.
Wednesday, October 28 2009
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Wednesday, October 28 2009
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Kirk and Konnie Hall Distance to Downstream Structures GoMAPS
- Henderson County NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
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Wednesday, October 28 2009

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U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. 2010-00516 County: Henderson USGS Quad: Saluda
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Kirk and Konnie Hall
Address: 129 Boyd Drive
Flat Rock. NC 28731
Telephone No.: 828-273-8316
Size and location of property (water body, road name/number, town, etc.): This project is located on
Fork Creek Road in Saluda, Henderson county, NC. The proiect will impact an unnamed tributary
to Colt Creek, 35.196439 N, -823555286 W.
Description of projects area and activity: The permitee is authorized to impact 100 linear feet of
stream to install a dam that is 20 linear feet and impound 80 linear feet of stream to create a pond.
Of these all impacts are considered permanent.
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: 29
Your work is authorized by the above referenced permits provided it is accomplished in strict accordance with
the attached conditions, your submitted plans, and the special conditions listed below. 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.
1. Failure to institute and carry out the details of these special conditions will result in a directive to cease all
ongoing and permitted work within waters and/or wetlands associated with the permitted project, or such
other remedies and/or fines as the District Engineer or his authorized representatives may seek.
2. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this
permit in the construction and maintenance of this project, and shall provide each of its contractors and/or
agents associated with the construction or maintenance of this project with a copy of this permit, and any
authorized modifications. A copy of this permit, and any authorized modifications, including all
conditions, shall be available at the project site during construction and maintenance of this project.
3. Conditions of the attached North Carolina Wildlife Resources Commission letter dated May 11, 2010 are
hereby incorporated as special conditions of this permit.
This verification is valid until the NWP is modified, reissued, or revoked. All of the existing NWPs are
scheduled to be modified, reissued, or revoked prior to March 18, 2012. It is incumbent upon you to remain
informed of changes to the NWPs. We will issue a public notice when the NWPs are reissued. Furthermore, if you
commence or are under contract to commence this activity before the date that the relevant nationwide permit is
modified or revoked, you will have twelve (12) months from the date of the modification or revocation of the NWP
to complete the activity under the present terms and conditions of this nationwide permit.
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.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.

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.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Tasha McCormick at 828-271-7980.
Corps Regulatory Official Tasha McCormick Date: June 2, 2010
Expiration Date of Verification: March 18, 2012

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 site contains stream channels that exhibit indicators of ordinary high
water marks. The stream channel on the property is an unnamed tributary to Colt Creek which flows into the North
Pacolet River which flows into the Broad River and ultimately flows to the Atlantic Ocean. The Broad River is a
traditionally Navigable Water, TNW.
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
find 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: Tasha McCormick, 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:
Issue Date: June 2, 2010
Expiration Date: Five years from Issue Date
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 Customer Satisfaction Survey located at our website at
http://regulatory.usacesurvey.com/ to complete the survey online.
SURVEY PLATS, FIELD SKETCH, WETLAND DELINEATION FORMS, PROJECT PLANS, ETC.,
MUST BE ATTACHED TO THE FILE COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
Copy Furnished:
N/A

Permit Number:
Permit Type:
Name of County:
Name of Permittee:
Date of Issuance:
Project Manager:
2010-00516
NW29
Henderson
Kirk and Konnie Hall
June 2, 2010
Tasha McCormick
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

13a `yIl'lft°) O ,t' IMI �IS`I NII���I� API�EA1.. �.)i"11� �;°� AND 1'R CSS AN]-)
[�,
`01-3a_+4 APPEAL
m
Applicant: Kirk and Konnie Hall File Number: 2010-00516
Date: June 2, 2010
Attached
is:
See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of
A
permission)
PROFFERED PERMIT (Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
X
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights`and options regarding an administrative appeal of the above
decision. Additional information may be found at http:i/w-"w.usace.arm- .miL/inet/functions/ew/cecxvo/reg or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• 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.
• 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 lI 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 notice, 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
• 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.
• 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.
• 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.
• 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 may be 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.
3
REASONS 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 ahead in the administrative record.
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process
appeal process you may contact: you may also contact:
Tasha McCormick, 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: Tasha McCormick, Project
Manager, Asheville Regulatory Field Office, 151 Patton Avenue, Room 208, Asheville, NC
28801.
For Permit denials and Proffered Permits send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr.
Mike Bell, Administrative Appeal Officer, CESAD-ET-CO-R, 60 Forsyth Street, Room
9M15, Atlanta, Georgia 30303-8801

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
May 11, 2010
Ms. Tasha McCormick
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Nationwide Permit Application for Kirk and Ronnie Hall
Pond, UT Colt Creek, Henderson County
Dear Ms. McCormick
Kirk and Ronnie Hall requested comments from the North Carolina Wildlife Resources Commission
(Commission) on a 404 Permit application. The project involves constructing a pond on a tributary to
Colt Creek in southern Henderson County. I visited the project site on May 4, 2010. 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 stream is too small for fish. This project should not harm trout.
Ponds do not always need to be built on streams; rather they can be constructed in dry draws or other
topographical depressions and thereby fill with run-off. Typically 20-40 acres of wooded drainage area are
needed to maintain water level in a one acre pond (See page 4 of
http://www.ncwildlife.org�pa03_Fishing/images/PONDMAN5.PDF). Ponds can also be excavated next to
streams and filled with water drawn from the stream using an inlet pipe. These possibilities should be
considered for this project to help avoid impacts to streams.
The Commission can concur with the project as proposed provided the following conditions are attached to
the permit:
1. The Nationwide and Final Regional Conditions must be followed. However, in -stream work does not
need to be avoided during the trout spawning season.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Hall Page 2 May 11, 2010
Henderson
2. Sediment and erosion control measures must be used and maintained until all disturbed soils are
permanently stabilized. Any bare soils should be seeded as soon as possible after construction. Tall
fescue should not used along streams.
3. Some stream flow below the pond must be maintained during filling.
4. Excavation and fill in flowing water should be avoided by temporarily routing it in pipe around or
through the pond during construction.
5. Removal of trees around the pond should be avoided as much as possible since they provide shade
and thereby will help maintain cool water temperatures in the pond and downstream.
6. A sleeved standpipe must be used to draw outflow water from near the bottom of the pond. Cold
water intakes should be within 1-2 feet of the bottom of the lake or pond bed, but not on the bottom.
This design improves water quality in ponds and lessens the warming they cause downstream. The
easiest way to accomplish a near -bottom outflow is to place a larger pipe (i.e. shroud or sleeve) over
the standpipe so that water flows up through the bottom of the larger pipe and then down through the
outlet pipe (see inset and page 6 of
hgp://www.ncwfdlife.orgipg03 Fishing[imaues/PONDMAN5.PDF).
water level
Ira*ipe I Ill I / Dam
' outflow
inflow -- }
Thank you for the opportunity to review and comment on this project. The Commission may inspect the
work site during or after construction. Please contact me at [phone] extension 24 if there are any
questions about these comments.
Sincerely,
rte• � .
Dave McHenry
Mountain Region Coordinator, Habitat Conservation Program
cc: Kirk and Ronnie Hall
C. Cranford, NCDENR, Division of Water Quality

NATIONWIDE PERMIT 29
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATIONWIDE PERMITS
FEDERAL REGISTER
AUTHORIZED MARCH 19, 2007
Residential Developments. Discharges of dredged or fill material into non -tidal waters
of the United States for the construction or expansion of a single residence, a multiple unit
residential development, or a residential subdivision. This NWP authorizes the construction of
building foundations and building pads and attendant features that are necessary for the use of
the residence or residential development. Attendant features may include but are not limited to
roads, parking lots, garages, yards, utility lines, storm water management facilities, septic fields,
and recreation facilities such as playgrounds, playing fields, and golf courses (provided the golf
course is an integral part of the residential development).
The discharge must not cause the loss of greater than 1/2 -acre of non -tidal waters of the
United States, including the loss of no more than 300 linear feet of stream bed, unless for
intermittent and ephemeral stream beds this 300 linear foot limit is waived in writing by the
district engineer. This NWP does not authorize discharges into non -tidal wetlands adjacent to
tidal waters.
Subdivisions: For residential subdivisions, the aggregate total loss of waters of United
States authorized by this NWP cannot exceed 1/2 acre. This includes any loss of waters of the
United States associated with development of individual subdivision lots.
Notification: The permittee must submit a pre -construction notification to the district
engineer prior to commencing the activity. (See general condition 27.) (Sections 10 and 404)

NATIONWIDE PERMIT CONDITIONS
The following General Conditions must be followed in order for any authorization by a NWP to
be valid:
1. Navigation. (a) No activity may cause more than a minimal adverse effect on
navigation.
(b) Any safety lights and signals prescribed by the U.S. Coast Guard, through regulations
or otherwise, must be installed and maintained at the permittee's expense on authorized facilities
in navigable waters of the United States.
(c) The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or
alter the structural work or obstructions caused thereby, without expense to the United States. No
claim shall be made against the United States on account of any such removal or alteration.
2. Aquatic Life Movements. No activity may substantially disrupt the necessary life cycle
movements of those species of aquatic life indigenous to the waterbody, including those species
that normally migrate through the area, unless the activity's primary purpose is to impound
water. Culverts placed in streams must be installed to maintain low flow conditions.
3. Spawning Areas. Activities in spawning areas during spawning seasons must be
avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g.,
through excavation, fill, or downstream smothering by substantial turbidity) of an important
spawning area are not authorized.
4. Migratory Bird Breeding Areas. Activities in waters of the United States that serve as
breeding areas for migratory birds must be avoided to the maximum extent practicable.
5. Shellfish Beds. No activity may occur in areas of concentrated shellfish populations,
unless the activity is directly related to a shellfish harvesting activity authorized by NWPs 4 and
48.
6. Suitable Material. No activity may use unsuitable material (e.g., trash, debris, car
bodies, asphalt, etc.). Material used for construction or discharged must be free from toxic
pollutants in toxic amounts (see Section 307 of the Clean Water Act).
7. Water Supply Intakes. No activity may occur in the proximity of a public water supply
intake, except where the activity is for the repair or improvement of public water supply intake
structures or adjacent bank stabilization.
8. Adverse Effects From Impoundments. If the activity creates an impoundment of water,
adverse effects to the aquatic system due to accelerating the passage of water, and/or restricting
its flow must be minimized to the maximum extent practicable.
OJI

9. Management of Water Flows. To the maximum extent practicable, the pre -construction
course, condition, capacity, and location of open waters must be maintained for each activity,
including stream channelization and storm water management activities, except as provided
below. The activity must be constructed to withstand expected high flows. The activity must not
restrict or impede the passage of normal or high flows, unless the primary purpose of the activity
is to impound water or manage high flows. The activity may alter the pre -construction course,
condition, capacity, and location of open waters if it benefits the aquatic environment (e.g.,
stream restoration or relocation activities).
10. Fills Within 100 -Year Floodplains. The activity must comply with applicable FEMA -
approved state or local floodplain management requirements.
11. Equipment. Heavy equipment working in wetlands or mudflats must be placed on
mats, or other measures must be taken to minimize soil disturbance.
12. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls
must be used and maintained in effective operating condition during construction, and all
exposed soil and other fills, as well as any work below the ordinary high water mark or high tide
line, must be permanently stabilized at the earliest practicable date. Permittees are encouraged to
perform work within waters of the United States during periods of low -flow or no -flow.
13. Removal of Temporary Fills. Temporary fills must be removed in their entirety and
the affected areas returned to pre -construction elevations. The affected areas must be
revegetated, as appropriate.
14. Proper Maintenance. Any authorized structure or fill shall be properly maintained,
including maintenance to ensure public safety.
15. Wild and Scenic Rivers. No activity may occur in a component of the National Wild
and Scenic River System, or in a river officially designated by Congress as a "study river" for
possible inclusion in the system while the river is in an official study status, unless the
appropriate Federal agency with direct management responsibility for such river, has determined
in writing that the proposed activity will not adversely affect the Wild and Scenic River
designation or study status. Information on Wild and Scenic Rivers may be obtained from the
appropriate Federal land management agency in the area (e.g., National Park Service, U.S. Forest
Service, Bureau of Land Management, U.S. Fish and Wildlife Service).
16. Tribal Rights. No activity or its operation may impair reserved tribal rights, including,
but not limited to, reserved water rights and treaty fishing and hunting rights.
17. Endangered Species. (a) No activity is authorized under any NWP which is likely to
jeopardize the continued existence of a threatened or endangered species or a species proposed
for such designation, as identified under the Federal Endangered Species Act (ESA), or which
will destroy or adversely modify the critical habitat of such species. No activity is authorized

under any NWP which "may affect" a listed species or critical habitat, unless Section 7
consultation addressing the effects of the proposed activity has been completed.
(b) Federal agencies should follow their own procedures for complying with the
requirements of the ESA. Federal permittees must provide the district engineer with the
appropriate documentation to demonstrate compliance with those requirements.
(c) Non-federal permittees shall notify the district engineer if any listed species or
designated critical habitat might be affected or is in the vicinity of the project, or if the project is
located in designated critical habitat, and shall not begin work on the activity until notified by the
district engineer that the requirements of the ESA have been satisfied and that the activity is
authorized. For activities that might affect Federally -listed endangered or threatened species or
designated critical habitat, the pre -construction notification must include the name(s) of the
endangered or threatened species that may be affected by the proposed work or that utilize the
designated critical habitat that may be affected by the proposed work. The district engineer will
determine whether the proposed activity "may affect" or will have "no effect" to listed species
and designated critical habitat and will notify the non -Federal applicant of the Corps'
determination within 45 days of receipt of a complete pre -construction notification. In cases
where the non -Federal applicant has identified listed species or critical habitat that might be
affected or is in the vicinity of the project, and has so notified the Corps, the applicant shall not
begin work until the Corps has provided notification the proposed activities will have "no effect"
on listed species or critical habitat, or until Section 7 consultation has been completed.
(d) As a result of formal or informal consultation with the FWS or NMFS the district
engineer may add species-specific regional endangered species conditions to the NWPs.
(e) Authorization of an activity by a NWP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization (e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
U.S. FWS or the NMFS, both lethal and non -lethal "takes" of protected species are in violation
of the ESA. Information on the location of threatened and endangered species and their critical
habitat can be obtained directly from the offices of the U.S. FWS and NMFS or their world wide
Web pages at http://www.fws.gov/ and http://www.noaa.gov/fisheries.html respectively.
18. Historic Properties. (a) In cases where the district engineer determines that the
activity may affect properties listed, or eligible for listing, in the National Register of Historic
Places, the activity is not authorized, until the requirements of Section 106 of the National
Historic Preservation Act (NHPA) have been satisfied.
(b) Federal permittees should follow their own procedures for complying with the
requirements of Section 106 of the National Historic Preservation Act. Federal permittees must
provide the district engineer with the appropriate documentation to demonstrate compliance with
those requirements.
(c) Non-federal permittees must submit a pre -construction notification to the district
engineer if the authorized activity may have the potential to cause effects to any historic
properties listed, determined to be eligible for listing on, or potentially eligible for listing on the
National Register of Historic Places, including previously unidentified properties. For such
activities, the pre -construction notification must state which historic properties may be affected
by the proposed work or include a vicinity map indicating the location of the historic properties
or the potential for the presence of historic properties. Assistance regarding information on the
location of or potential for the presence of historic resources can be sought from the State
4

Historic Preservation Officer or Tribal Historic Preservation Officer, as appropriate, and the
National Register of Historic Places (see 33 CFR 330.4(g)). The district engineer shall make a
reasonable and good faith effort to carry out appropriate identification efforts, which may include
background research, consultation, oral history interviews, sample field investigation, and field
survey. Based on the information submitted and these efforts, the district engineer shall
determine whether the proposed activity has the potential to cause an effect on the historic
properties. Where the non -Federal applicant has identified historic properties which the activity
may have the potential to cause effects and so notified the Corps, the non -Federal applicant shall
not begin the activity until notified by the district engineer either that the activity has no potential
to cause effects or that consultation under Section 106 of the NHPA has been completed.
(d) The district engineer will notify the prospective permittee within 45 days of receipt
of a complete pre -construction notification whether NHPA Section 106 consultation is required.
Section 106 consultation is not required when the Corps determines that the activity does not
have the potential to cause effects on historic properties (see 36 CFR 800.3(a)). If NHPA section
106 consultation is required and will occur, the district engineer will notify the non -Federal
applicant that he or she cannot begin work until Section 106 consultation is completed.
(e) Prospective permittees should be aware that section 110k of the NHPA (16 U.S.C.
470h -2(k)) prevents the Corps from granting a permit or other assistance to an applicant who,
with intent to avoid the requirements of Section 106 of the NHPA, has intentionally significantly
adversely affected a historic property to which the permit would relate, or having legal power to
prevent it, allowed such significant adverse effect to occur, unless the Corps, after consultation
with the Advisory Council on Historic Preservation (ACNP), determines that circumstances
justify granting such assistance despite the adverse effect created or permitted by the applicant.
If circumstances justify granting the assistance, the Corps is required to notify the ACHP and
provide documentation specifying the circumstances, explaining the degree of damage to the
integrity of any historic properties affected, and proposed mitigation. This documentation must
include any views obtained from the applicant, SHPO/THPO, appropriate Indian tribes if the
undertaking occurs on or affects historic properties on tribal lands or affects properties of interest
to those tribes, and other parties known to have a legitimate interest in the impacts to the
permitted activity on historic properties.
19. Designated Critical Resource Waters. Critical resource waters include, NOAA-
designated marine sanctuaries, National Estuarine Research Reserves, state natural heritage sites,
and outstanding national resource waters or other waters officially designated by a state as
having particular environmental or ecological significance and identified by the district engineer
after notice and opportunity for public comment. The district engineer may also designate
additional critical resource waters after notice and opportunity for comment.
(a) Discharges of dredged or fill material into waters of the United States are not
authorized by NWPs 7, 12, 14, 16, 17, 21, 29, 31, 35, 39, 40, 42, 43, 44, 49, and 50 for any
activity within, or directly affecting, critical resource waters, including wetlands adjacent to such
waters.
(b) For NWPs 3, 8, 10, 13, 15, 18, 19, 22, 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38,
notification is required in accordance with general condition 27, for any activity proposed in the
designated critical resource waters including wetlands adjacent to those waters. The district
engineer may authorize activities under these NWPs only after it is determined that the impacts
to the critical resource waters will be no more than minimal.

20. Mitigation. The district engineer will consider the following factors when
determining appropriate and practicable mitigation necessary to ensure that adverse effects on
the aquatic environment are minimal:
(a) The activity must be designed and constructed to avoid and minimize adverse effects,
both temporary and permanent, to waters of the United States to the maximum extent practicable
at the project site (i.e., on site).
(b) Mitigation in all its forms (avoiding, minimizing, rectifying, reducing, or
compensating) will be required to the extent necessary to ensure that the adverse effects to the
aquatic environment are minimal.
(c) Compensatory mitigation at a minimum one-for-one ratio will be required for all
wetland losses that exceed 1/10 acre and require pre -construction notification, unless the district
engineer determines in writing that some other form of mitigation would be more
environmentally appropriate and provides a project -specific waiver of this requirement. For
wetland losses of 1/10 acre or less that require pre -construction notification, the district engineer
may determine on a case-by-case basis that compensatory mitigation is required to ensure that
the activity results in minimal adverse effects on the aquatic environment. Since the likelihood of
success is greater and the impacts to potentially valuable uplands are reduced, wetland
restoration should be the first compensatory mitigation option considered.
(d) For losses of streams or other open waters that require pre -construction notification,
the district engineer may require compensatory mitigation, such as stream restoration, to ensure
that the activity results in minimal adverse effects on the aquatic environment.
(e) Compensatory mitigation will not be used to increase the acreage losses allowed by
the acreage limits of the NWPs. For example, if an NWP has an acreage limit of 1/2 acre, it
cannot be used to authorize any project resulting in the loss of greater than 1/2 acre of waters of
the United States, even if compensatory mitigation is provided that replaces or restores some of
the lost waters. However, compensatory mitigation can and should be used, as necessary, to
ensure that a project already meeting the established acreage limits also satisfies the minimal
impact requirement associated with the NWPs.
(f) Compensatory mitigation plans for projects in or near streams or other open waters
will normally include a requirement for the establishment, maintenance, and legal protection
(e.g., conservation easements) of riparian areas next to open waters. In some cases, riparian areas
may be the only compensatory mitigation required. Riparian areas should consist of native
species. The width of the required riparian area will address documented water quality or aquatic
habitat loss concerns. Normally, the riparian area will be 25 to 50 feet wide on each side of the
stream, but the district engineer may require slightly wider riparian areas to address documented
water quality or habitat loss concerns. Where both wetlands and open waters exist on the project
site, the district engineer will determine the appropriate compensatory mitigation (e.g., riparian
areas and/or wetlands compensation) based on what is best for the aquatic environment on a
watershed basis. In cases where riparian areas are determined to be the most appropriate form of
compensatory mitigation, the district engineer may waive or reduce the requirement to provide
wetland compensatory mitigation for wetland losses.
(g) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or
separate activity -specific compensatory mitigation. In all cases, the mitigation provisions will
specify the party responsible for accomplishing and/or complying with the mitigation plan.

(h) Where certain functions and services of waters of the United States are permanently
adversely affected, such as the conversion of a forested or scrub -shrub wetland to a herbaceous
wetland in a permanently maintained utility line right-of-way, mitigation may be required to
reduce the adverse effects of the project to the minimal level.
21. Water Quality. Where States and authorized Tribes, or EPA where applicable, have
not previously certified compliance of an NWP with CWA Section 401, individual 401 Water
Quality Certification must be obtained or waived (see 33 CFR 330.4(c)). The district engineer or
State or Tribe may require additional water quality management measures to ensure that the
authorized activity does not result in more than minimal degradation of water quality.
22. Coastal Zone Management. In coastal states where an NWP has not previously
received a state coastal zone management consistency concurrence, an individual state coastal
zone management consistency concurrence must be obtained, or a presumption of concurrence
must occur (see 33 CFR 330.4(d)). The district engineer or a State may require additional
measures to ensure that the authorized activity is consistent with state coastal zone management
requirements.
23. Regional and Case -By -Case Conditions. The activity must comply with any regional
conditions that may have been added by the Division Engineer (see 33 CFR 330.4(e)) and with
any case specific conditions added by the Corps or by the state, Indian Tribe, or U.S. EPA in its
section 401 Water Quality Certification, or by the state in its Coastal Zone Management Act
consistency determination.
24. Use of Multiple Nationwide Permits. The use of more than one NWP for a single and
complete project is prohibited, except when the acreage loss of waters of the United States
authorized by the NWPs does not exceed the acreage limit of the NWP with the highest specified
acreage limit. For example, if a road crossing over tidal waters is constructed under NWP 14,
with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters
of the United States for the total project cannot exceed 1/3 -acre.
25. Transfer of Nationwide Permit Verifications. If the permittee sells the property
associated with a nationwide permit verification, the permittee may transfer the nationwide
permit verification to the new owner by submitting a letter to the appropriate Corps district office
to validate the transfer. A copy of the nationwide permit verification must be attached to the
letter, and the letter must contain the following statement and signature:
"When the structures or work authorized by this nationwide permit are still in existence at the
time the property is transferred, the terms and conditions of this nationwide permit, including any
special conditions, will continue to be binding on the new owner(s) of the property. To validate
7

the transfer of this nationwide permit and the associated liabilities associated with compliance
with its terms and conditions, have the transferee sign and date below."
(Transferee)
(Date)
26. Compliance Certification. Each permittee who received an NWP verification from the
Corps must submit a signed certification regarding the completed work and any required
mitigation. The certification form must be forwarded by the Corps with the NWP verification
letter and will include:
(a) A statement that the authorized work was done in accordance with the NWP
authorization, including any general or specific conditions;
(b) A statement that any required mitigation was completed in accordance with the permit
conditions; and
(c) The signature of the permittee certifying the completion of the work and mitigation.
27. Pre -Construction Notification. (a) Timing. Where required by the terms of the NWP,
the prospective permittee must notify the district engineer by submitting a pre -construction
notification (PCN) as early as possible. The district engineer must determine if the PCN is
complete within 30 calendar days of the date of receipt and, as a general rule, will request
additional information necessary to make the PCN complete only once. However, if the
prospective permittee does not provide all of the requested information, then the district engineer
will notify the prospective permittee that the PCN is still incomplete and the PCN review process
will not commence until all of the requested information has been received by the district
engineer. The prospective permittee shall not begin the activity until either:
(1) He or she is notified in writing by the district engineer that the activity may proceed
under the NWP with any special conditions imposed by the district or division engineer; or
(2) Forty-five calendar days have passed from the district engineer's receipt of the
complete PCN and the prospective permittee has not received written notice from the district or
division engineer. However, if the permittee was required to notify the Corps pursuant to general
condition 17 that listed species or critical habitat might affected or in the vicinity of the project,
or to notify the Corps pursuant to general condition 18 that the activity may have the potential to
cause effects to historic properties, the permittee cannot begin the activity until receiving written
notification from the Corps that is "no effect" on listed species or "no potential to cause effects"
on historic properties, or that any consultation required under Section 7 of the Endangered
Species Act (see 33 CFR 330.4(f)) and/or Section 106 of the National Historic Preservation (see
33 CFR 330.4(g)) is completed. Also, work cannot begin under NWPs 21, 49, or 50 until the
permittee has received written approval from the Corps. If the proposed activity requires a
written waiver to exceed specified limits of an NWP, the permittee cannot begin the activity until
the district engineer issues the waiver. If the district or division engineer notifies the permittee in
writing that an individual permit is required within 45 calendar days of receipt of a complete
PCN, the permittee cannot begin the activity until an individual permit has been obtained.
8

Subsequently, the permittee's right to proceed under the NWP may be modified, suspended, or
revoked only in accordance with the procedure set forth in 33 CFR 330.5(d)(2).
(b) Contents of Pre -Construction Notification: The PCN must be in writing and include
the following information:
(1) Name, address and telephone numbers of the prospective permittee;
(2) Location of the proposed project;
(3) A description of the proposed project; the project's purpose; direct and indirect
adverse environmental effects the project would cause; any other NWP(s), regional general
permit(s), or individual permit(s) used or intended to be used to authorize any part of the
proposed project or any related activity. The description should be sufficiently detailed to allow
the district engineer to determine that the adverse effects of the project will be minimal and to
determine the need for compensatory mitigation. Sketches should be provided when necessary
to show that the activity complies with the terms of the NWP. (Sketches usually clarify the
project and when provided result in a quicker decision.);
(4) The PCN must include a delineation of special aquatic sites and other waters of the
United States on the project site. Wetland delineations must be prepared in accordance with the
current method required by the Corps. The permittee may ask the Corps to delineate the special
aquatic sites and other waters of the United States, but there may be a delay if the Corps does the
delineation, especially if the project site is large or contains many waters of the United States.
Furthermore, the 45 day period will not start until the delineation has been submitted to or
completed by the Corps, where appropriate;
(5) If the proposed activity will result in the loss of greater than 1/10 acre of wetlands and
a PCN is required, the prospective permittee must submit a statement describing how the
mitigation requirement will be satisfied. As an alternative, the prospective permittee may submit
a conceptual or detailed mitigation plan.
(6) If any listed species or designated critical habitat might be affected or is in the vicinity
of the project, or if the project is located in designated critical habitat, for non -Federal applicants
the PCN must include the name(s) of those endangered or threatened species that might be
affected by the proposed work or utilize the designated critical habitat that may be affected by
the proposed work. Federal applicants must provide documentation demonstrating compliance
with the Endangered Species Act; and
(7) For an activity that may affect a historic property listed on, determined to be eligible
for listing on, or potentially eligible for listing on, the National Register of Historic Places, for
non -Federal applicants the PCN must state which historic property may be affected by the
proposed work or include a vicinity map indicating the location of the historic property. Federal
applicants must provide documentation demonstrating compliance with Section 106 of the
National Historic Preservation Act.
(c) Form of Pre -Construction Notification: The standard individual permit application
form (Form ENG 4345) may be used, but the completed application form must clearly indicate
that it is a PCN and must include all of the information required in paragraphs (b)(1) through (7)
of this general condition. A letter containing the required information may also be used.
(d) Agency Coordination: (1) The district engineer will consider any comments from
Federal and state agencies concerning the proposed activity's compliance with the terms and
conditions of the NWPs and the need for mitigation to reduce the project's adverse
environmental effects to a minimal level.
6

(2) For all NWP 48 activities requiring pre -construction notification and for other NWP
activities requiring pre -construction notification to the district engineer that result in the loss of
greater than 1/2 -acre of waters of the United States, the district engineer will immediately
provide (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy of
the PCN to the appropriate Federal or state offices (U.S. FWS, state natural resource or water
quality agency, EPA, State Historic Preservation Officer (SHPO) or Tribal Historic Preservation
Office (THPO), and, if appropriate, the NMFS). With the exception of NWP 37, these agencies
will then have 10 calendar days from the date the material is transmitted to telephone or fax the
district engineer notice that they intend to provide substantive, site-specific comments. If so
contacted by an agency, the district engineer will wait an additional 15 calendar days before
making a decision on the pre -construction notification. The district engineer will fully consider
agency comments received within the specified time frame, but will provide no response to the
resource agency, except as provided below. The district engineer will indicate in the
administrative record associated with each pre -construction notification that the resource
agencies' concerns were considered. For NWP 37, the emergency watershed protection and
rehabilitation activity may proceed immediately in cases where there is an unacceptable hazard
to life or a significant loss of property or economic hardship will occur. The district engineer will
consider any comments received to decide whether the NWP 37 authorization should be
modified, suspended, or revoked in accordance with the procedures at 33 CFR 330.5.
(3) In cases of where the prospective permittee is not a Federal agency, the district
engineer will provide a response to NMFS within 30 calendar days of receipt of any Essential
Fish Habitat conservation recommendations, as required by Section 305(b)(4)(B) of the
Magnuson -Stevens Fishery Conservation and Management Act.
(4) Applicants are encouraged to provide the Corps multiple copies of pre -construction
notifications to expedite agency coordination.
(5) For NWP 48 activities that require reporting, the district engineer will provide a copy
of each report within 10 calendar days of receipt to the appropriate regional office of the NMFS.
(e) District Engineer's Decision: In reviewing the PCN for the proposed activity, the
district engineer will determine whether the activity authorized by the NWP will result in more
than minimal individual or cumulative adverse environmental effects or may be contrary to the
public interest. If the proposed activity requires a PCN and will result in a loss of greater than
1/10 acre of wetlands, the prospective permittee should submit a mitigation proposal with the
PCN. Applicants may also propose compensatory mitigation for projects with smaller impacts.
The district engineer will consider any proposed compensatory mitigation the applicant has
included in the proposal in determining whether the net adverse environmental effects to the
aquatic environment of the proposed work are minimal. The compensatory mitigation proposal
may be either conceptual or detailed. If the district engineer determines that the activity complies
with the terms and conditions of the NWP and that the adverse effects on the aquatic
environment are minimal, after considering mitigation, the district engineer will notify the
permittee and include any conditions the district engineer deems necessary. The district engineer
must approve any compensatory mitigation proposal before the permittee commences work. If
the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the
district engineer will expeditiously review the proposed compensatory mitigation plan. The
district engineer must review the plan within 45 calendar days of receiving a complete PCN and
determine whether the proposed mitigation would ensure no more than minimal adverse effects
on the aquatic environment. If the net adverse effects of the project on the aquatic environment
10

(after consideration of the compensatory mitigation proposal) are determined by the district
engineer to be minimal, the district engineer will provide a timely written response to the
applicant. The response will state that the project can proceed under the terms and conditions of
the NWP.
If the district engineer determines that the adverse effects of the proposed work are more
than minimal, then the district engineer will notify the applicant either: (1) That the project does
not qualify for authorization under the NWP and instruct the applicant on the procedures to seek
authorization under an individual permit; (2) that the project is authorized under the NWP
subject to the applicant's submission of a mitigation plan that would reduce the adverse effects
on the aquatic environment to the minimal level; or (3) that the project is authorized under the
NWT with specific modifications or conditions. Where the district engineer determines that
mitigation is required to ensure no more than minimal adverse effects occur to the aquatic
environment, the activity will be authorized within the 45 -day PCN period. The authorization
will include the necessary conceptual or specific mitigation or a requirement that the applicant
submit a mitigation plan that would reduce the adverse effects on the aquatic environment to the
minimal level. When mitigation is required, no work in waters of the United States may occur
until the district engineer has approved a specific mitigation plan.
28. Single and Complete Project. The activity must be a single and complete project. The
same NWP cannot be used more than once for the same single and complete project.
FURTHER INFORMATION
1. District Engineers have authority to determine if an activity complies with the terms
and conditions of an NWP.
2. NWPs do not obviate the need to obtain other federal, state, or local permits,
approvals, or authorizations required by law.
3. NWPs do not grant any property rights or exclusive privileges.
4. NWPs do not authorize any injury to the property or rights of others.
5. NWPs do not authorize interference with any existing or proposed Federal project.
DEFINITIONS
Best management practices (BMPs): Policies, practices, procedures, or structures
implemented to mitigate the adverse environmental effects on surface water quality resulting
from development. BMPs are categorized as structural or non-structural.
Compensatory mitigation: The restoration, establishment (creation), enhancement, or
preservation of aquatic resources for the purpose of compensating for unavoidable adverse
impacts which remain after all appropriate and practicable avoidance and minimization has been
achieved.
Currently serviceable: Useable as is or with some maintenance, but not so degraded as to
essentially require reconstruction.
Discharge: The term "discharge" means any discharge of dredged or fill material.
Enhancement: The manipulation of the physical, chemical, or biological characteristics of
an aquatic resource to heighten, intensify, or improve a specific aquatic resource function(s).
Enhancement results in the gain of selected aquatic resource function(s), but may also lead to a
11

decline in other aquatic resource function(s). Enhancement does not result in a gain in aquatic
resource area.
Ephemeral stream: An ephemeral stream has flowing water only during, and for a short
duration after, precipitation events in a typical year. Ephemeral stream beds are located above the
water table year-round. Groundwater is not a source of water for the stream. Runoff from rainfall
is the primary source of water for stream flow.
Establishment (creation): The manipulation of the physical, chemical, or biological
characteristics present to develop an aquatic resource that did not previously exist at an upland
site. Establishment results in a gain in aquatic resource area.
Historic Property: Any prehistoric or historic district, site (including archaeological
site), building, structure, or other object included in, or eligible for inclusion in, the National
Register of Historic Places maintained by the Secretary of the Interior. This term includes
artifacts, records, and remains that are related to and located within such properties. The term
includes properties of traditional religious and cultural importance to an Indian tribe or Native
Hawaiian organization and that meet the National Register criteria (36 CFR part 60).
Independent utility: A test to determine what constitutes a single and complete project in
the Corps regulatory program. A project is considered to have independent utility if it would be
constructed absent the construction of other projects in the project area. Portions of a multi -phase
project that depend upon other phases of the project do not have independent utility. Phases of a
project that would be constructed even if the other phases were not built can be considered as
separate single and complete projects with independent utility.
Intermittent stream: An intermittent stream has flowing water during certain times of the
year, when groundwater provides water for stream flow. During dry periods, intermittent streams
may not have flowing water. Runoff from rainfall is a supplemental source of water for stream
flow.
Loss ofwaters of the United States: Waters of the United States that are permanently
adversely affected by filling, flooding, excavation, or drainage because of the regulated activity.
Permanent adverse effects include permanent discharges of dredged or fill material that change
an aquatic area to dry land, increase the bottom elevation of a waterbody, or change the use of a
waterbody. The acreage of loss of waters of the United States is a threshold measurement of the
impact to jurisdictional waters for determining whether a project may qualify for an NWP; it is
not a net threshold that is calculated after considering compensatory mitigation that may be used
to offset losses of aquatic functions and services. The loss of stream bed includes the linear feet
of stream bed that is filled or excavated. Waters of the United States temporarily filled, flooded,
excavated, or drained, but restored to pre -construction contours and elevations after construction,
are not included in the measurement of loss of waters of the United States. Impacts resulting
from activities eligible for exemptions under Section 404(f) of the Clean Water Act are not
considered when calculating the loss of waters of the United States.
Non -tidal wetland.- A non -tidal wetland is a wetland that is not subject to the ebb and
flow of tidal waters. The definition of a wetland can be found at 33 CFR 328.3(b). Non -tidal
wetlands contiguous to tidal waters are located landward of the high tide line (i.e., spring high
tide line).
Open water: For purposes of the NWPs, an open water is any area that in a year with
normal patterns of precipitation has water flowing or standing above ground to the extent that an
ordinary high water mark can be determined. Aquatic vegetation within the area of standing or
12

flowing water is either non -emergent, sparse, or absent. Vegetated shallows are considered to be
open waters. Examples of "open waters" include rivers, streams, lakes, and ponds.
Ordinary High Water Mark: An ordinary high water mark is a line on the shore
established by the fluctuations of water and indicated by physical characteristics, or by other
appropriate means that consider the characteristics of the surrounding areas (see 33 CFR
328.3(e)).
Perennial stream: A perennial stream has flowing water year-round during a typical year.
The water table is located above the stream bed for most of the year. Groundwater is the primary
source of water for stream flow. Runoff from rainfall is a supplemental source of water for
stream flow.
Practicable: Available and capable of being done after taking into consideration cost,
existing technology, and logistics in light of overall project purposes.
Pre -construction notification: A request submitted by the project proponent to the Corps
for confirmation that a particular activity is authorized by nationwide permit. The request may be
a permit application, letter, or similar document that includes information about the proposed
work and its anticipated environmental effects. Pre -construction notification may be required by
the terms and conditions of a nationwide permit, or by regional conditions. A pre -construction
notification may be voluntarily submitted in cases where pre -construction notification is not
required and the project proponent wants confirmation that the activity is authorized by
nationwide permit.
Preservation: The removal of a threat to, or preventing the decline of, aquatic resources
by an action in or near those aquatic resources. This term includes activities commonly
associated with the protection and maintenance of aquatic resources through the implementation
of appropriate legal and physical mechanisms. Preservation does not result in a gain of aquatic
resource area or functions.
Re-establishment: The manipulation of the physical, chemical, or biological
characteristics of a site with the goal of returning natural/historic functions to a former aquatic
resource. Re-establishment results in rebuilding a former aquatic resource and results in a gain in
aquatic resource area.
Rehabilitation: The manipulation of the physical, chemical, or biological characteristics
of a site with the goal of repairing natural/historic functions to a degraded aquatic resource.
Rehabilitation results in a gain in aquatic resource function, but does not result in a gain in
aquatic resource area.
Restoration: The manipulation of the physical, chemical, or biological characteristics of a
site with the goal of returning natural/historic functions to a former or degraded aquatic resource.
For the purpose of tracking net gains in aquatic resource area, restoration is divided into two
categories: re-establishment and rehabilitation.
Riffle and pool complex: Riffle and pool complexes are special aquatic sites under the
404(b)(1) Guidelines. Riffle and pool complexes sometimes characterize steep gradient sections
of streams. Such stream sections are recognizable by their hydraulic characteristics. The rapid
movement of water over a course substrate in riffles results in a rough flow, a turbulent surface,
and high dissolved oxygen levels in the water. Pools are deeper areas associated with riffles. A
slower stream velocity, a streaming flow, a smooth surface, and a finer substrate characterize
Pools.
Riparian areas: Riparian areas are lands adjacent to streams, lakes, and estuarine -marine
shorelines. Riparian areas are transitional between terrestrial and aquatic ecosystems, through
13

which surface and subsurface hydrology connects waterbodies with their adjacent uplands.
Riparian areas provide a variety of ecological functions and services and help improve or
maintain local water quality. (See general condition 20.)
Shellfish seeding: The placement of shellfish seed and/or suitable substrate to increase
shellfish production. Shellfish seed consists of immature individual shellfish or individual
shellfish attached to shells or shell fragments (i.e., spat on shell). Suitable substrate may consist
of shellfish shells, shell fragments, or other appropriate materials placed into waters for shellfish
habitat.
Single and complete proiect: The term "single and complete project" is defined at 33
CFR 330.2(i) as the total project proposed or accomplished by one owner/developer or
partnership or other association of owners/developers. A single and complete project must have
independent utility (see definition). For linear projects, a "single and complete project" is all
crossings of a single water of the United States (i.e., a single waterbody) at a specific location.
For linear projects crossing a single waterbody several times at separate and distant locations,
each crossing is considered a single and complete project. However, individual channels in a
braided stream or river, or individual arms of a large, irregularly shaped wetland or lake, etc., are
not separate waterbodies, and crossings of such features cannot be considered separately.
Stormwater mans eg ment: Stormwater management is the mechanism for controlling
stormwater runoff for the purposes of reducing downstream erosion, water quality degradation,
and flooding and mitigating the adverse effects of changes in land use on the aquatic
environment.
Stormwater managementfacilities: Stormwater management facilities are those facilities,
including but not limited to, stormwater retention and detention ponds and best management
practices, which retain water for a period of time to control runoff and/or improve the quality
(i.e., by reducing the concentration of nutrients, sediments, hazardous substances and other
pollutants) of stormwater runoff.
Stream bed: The substrate of the stream channel between the ordinary high water marks.
The substrate may be bedrock or inorganic particles that range in size from clay to boulders.
Wetlands contiguous to the stream bed, but outside of the ordinary high water marks, are not
considered part of the stream bed.
Stream channelization: The manipulation of a stream's course, condition, capacity, or
location that causes more than minimal interruption of normal stream processes. A channelized
stream remains a water of the United States.
Structure: An object that is arranged in a definite pattern of organization. Examples of
structures include, without limitation, any pier, boat dock, boat ramp, wharf, dolphin, weir,
boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island, artificial reef, permanent
mooring structure, power transmission line, permanently moored floating vessel, piling, aid to
navigation, or any other manmade obstacle or obstruction.
Tidal wetland: A tidal wetland is a wetland (i.e., water of the United States) that is
inundated by tidal waters. The definitions of a wetland and tidal waters can be found at 33 CFR
328.3(b) and 33 CFR 328.3(f), respectively. Tidal waters rise and fall in a predictable and
measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end
where the rise and fall of the water surface can no longer be practically measured in a predictable
rhythm due to masking by other waters, wind, or other effects. Tidal wetlands are located
channelward of the high tide line, which is defined at 33 CFR 328.3(d).
14

Vegetated shallows: Vegetated shallows are special aquatic sites under the 404(b)(1)
Guidelines. They are areas that are permanently inundated and under normal circumstances have
rooted aquatic vegetation, such as seagrasses in marine and estuarine systems and a variety of
vascular rooted plants in freshwater systems.
Waterbo :For purposes of the NWPs, a waterbody is a jurisdictional water of the
United States that, during a year with normal patterns of precipitation, has water flowing or
standing above ground to the extent that an ordinary high water mark (OHWM) or other
indicators of jurisdiction can be determined, as well as any wetland area (see 33 CFR 328.3(b)).
If a jurisdictional wetland is adjacent --meaning bordering, contiguous, or neighboring --to a
jurisdictional waterbody displaying an OHWM or other indicators of jurisdiction, that waterbody
and its adjacent wetlands are considered together as a single aquatic unit (see 33 CFR
328.4(c)(2)). Examples of "waterbodies" include streams, rivers, lakes, ponds, and wetlands.
15

REGIONAL CONDITIONS FOR NATIONWIDE PERMITS IN THE WILMINGTON
DISTRICT
1.0 Excluded Waters
The Corps has identified waters that will be excluded from the use of all NWP's during certain
timeframes. These waters are:
1.1. Anadromous Fish Spawning Areas
Waters of the United States identified by either the North Carolina Division of Marine Fisheries
(NCDMF) or the North Carolina Wildlife Resources Commission (NCWRC) as anadromous fish
spawning areas are excluded during the period between February 15 and June 30, without prior
written approval from NCDMF or NCWRC and the Corps.
1.2. Trout Waters Moratorium
Waters of the United States in the twenty-five designated trout counties of North Carolina are
excluded during the period between October 15 and April 15 without prior written approval from
the NCWRC. (see Section I. b. 7. for a list of the twenty-five trout counties).
1.3. Sturgeon Spawning Areas
Waters of the United States designated as sturgeon spawning areas are excluded during the
period between February 1 and June 30, without prior written approval from the National Marine
Fisheries Service (NMFS).
2.0 Waters Requiring Additional Notification
The Corps has identified waters that will be subject to additional notification requirements for
activities authorized by all NWP's. These waters are:
2.1. Western NC Counties that Drain to Designated Critical Habitat
Waters of the U.S. that requires a Pre -Construction Notification pursuant to General Condition
27 (PCN) and located in the sixteen counties listed below, applicants must provide a copy of the
PCN to the US Fish and Wildlife Service, 160 Zillicoa Street, Asheville, North Carolina 28805.
This PCN must be sent concurrently to the US Fish and Wildlife Service and the Corps Asheville
Regulatory Field Office. Please see General Condition 17 for specific notification requirements
related to Federally Endangered Species and the following website for information on the
location of designated critical habitat.
Counties with tributaries that drain to designated critical habitat that require notification to the
Asheville US Fish and Wildlife Service: Avery, Cherokee, Forsyth, Graham, Haywood,
16

Henderson, Jackson, Macon Mecklenburg, Mitchell, Stokes, Surry, Swain, Transylvania, Union
and Yancey.
Website and office addresses for Endangered Species Act Information:
The Wilmington District has developed the following website for applicants which provide
guidelines on how to review linked websites and maps in order to fulfill NWP general condition
17 requirements.
hqp://www.saw.usace.ariny.mil/wetlands/ESA
Applicants who do not have internet access may contact the appropriate US Fish and Wildlife
Service offices or the US Army Corps of Engineers office listed below.
US Fish and Wildlife Service
Asheville Field Office
160 Zillicoa Street
Asheville, NC 28801
Telephone: [phone]
Asheville US Fish and Wildlife Service Office counties: All
counties west of and including Anson, Stanly, Davidson, Forsyth and Stokes Counties
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
Raleigh US Fish and Wildlife Service Office counties: all counties east of and including
Richmond, Montgomery, Randolph, Guilford, and Rockingham Counties.
2.2. Special Designation Waters
Prior to the use of any NWP in any of the following North Carolina identified waters and
contiguous wetlands, applicants must comply with Nationwide Permit General Condition 27
(PCN). The North Carolina waters and contiguous wetlands that require additional notification
requirements are:
"Outstanding Resource Waters" (ORW) and "High Quality Waters" (HQW) (as designated by
the North Carolina Environmental Management Commission), or
"Inland Primary Nursery Areas" (IPNA) (as designated by the North Carolina Wildlife
Resources Commission), or "Contiguous Wetlands" (as defined by the North Carolina
Environmental Management Commission), or "Primary Nursery Areas" (PNA) (as designated by
the North Carolina Marine Fisheries Commission).
17

2.3. Coastal Area Management Act (LAMA) Areas of Environmental Concern
Non -Federal applicants for any NWT in a designated "Area of Environmental Concern" (AEC)
in the twenty (20) counties of Eastern North Carolina covered by the North Carolina Coastal
Area Management Act (CAMA), must also obtain the required CAMA permit. Construction
activities for non -Federal projects may not commence until a copy of the approved CAMA
permit is furnished to the appropriate Wilmington District Regulatory Field Office (Wilmington
Field Office — P.O. Box 1890, Wilmington, NC 28402 or Washington Field Office — P.O. Box
1000, Washington, NC 27889).
2.4. Barrier Islands
Prior to the use of any NWP on a barrier island of North Carolina, applicants must comply with
Nationwide Permit General Condition 27 (PCN).
2.5. Mountain or Piedmont Bogs
Prior to the use of any NWP in a "Mountain or Piedmont Bog" of North Carolina, applicants
shall comply with Nationwide Permit General Condition 27 (PCN).
Note: The following wetland community types identified in the N.C. Natural Heritage Program
document, "Classification of Natural communities of North Carolina (Michael P. Schafale and
Alan S. Weakley, 1990), are subject to this regional condition.
Mountain Bos
Piedmont Bogs
Swamp Forest -Bog Complex
Upland depression Swamp
Forest
Swamp Forest -Bog Complex
(Spruce Subtype)
Southern Appalachian Bog
(Northern Subtype)
Southern Appalachian Bog
Southern Subtype)
Southern Appalachian Fen
2.6. Animal Waste Facilities
Prior to use of any NWP for construction of animal waste facilities in waters of the US, including
wetlands, applicants shall comply with Nationwide Permit General Condition 27 (PCN).
2.7. Trout Waters
Prior to any discharge of dredge or fill material into streams or waterbodies within the twenty-
five (25) designated trout counties of North Carolina, the applicant shall comply with
18

Nationwide Permit General Condition 27 (PCN). The applicant shall also provide a copy of the
notification to the appropriate NCWRC office to facilitate the determination of any potential
impacts to designated Trout Waters. Notification to the Corps of Engineers will include a
statement with the name of the NCWRC biologist contacted, the date of the notification, the
location of work, a delineation of wetlands, a discussion of alternatives to working in the
mountain trout waters, why alternatives were not selected, and a plan to provide compensatory
mitigation for all unavoidable adverse impacts to mountain trout waters.
NCWRC and NC Trout Counties
Mr. Ron Linville
Western Piedmont Region
Coordinator
Alleghany
Caldwell
Watauga
3855 Idlewild Road
Ashe
Mitchell
Wilkes
Kernersville, NC 27284-9180
Avery
Stokes
Swain
Telephone: [phone]
Burke
Surry
Transylvania
Mr. Dave McHenry
Mountain Region Coordinator
Buncombe
Henderson
Polk
20830 Great Smoky Mtn.
Expressway
Cherokee
Jackson
Rutherford
Waynesville, NC 28786
ay
Macon
Swain
Telephone: [phone]
Graham
Madison
Transylvania
Fax: [phone]
Haywood
McDowell
i Yancey
3.0 List of Corps Regional Conditions for All Nationwide Permits
The following conditions apply to all Nationwide Permits in the Wilmington District:
3.1. Limitation of Loss of Perennial Stream Bed
NWPs may not be used for activities that may result in the loss or degradation of greater than
300 total linear feet of perennial streams. The NWPs may not be used for activities that may
result in the loss or degradation of greater than 300 total linear feet of ephemeral and intermittent
streams that exhibit important aquatic function(s)* Loss of stream includes the linear feet of
stream bed that is filled, excavated, or flooded by the proposed activity. The District
Commander can waive the 300 linear foot limit for ephemeral and intermittent streams on a case-
by-case basis if he determines that the proposed activity will result in minimal individual and
cumulative adverse impacts to the aquatic environment. Waivers for the loss of ephemeral and
intermittent streams must be in writing. This waiver only applies to the 300 linear feet threshold
for NWPs. Mitigation may still be required for impacts to ephemeral and intermittent streams,
on a case-by-case basis, depending on the impacts to the aquatic environment of the proposed
project. [*Note: The Corps uses the Stream Quality Assessment Worksheet, located with Permit
Information on the Regulatory Program Web Site, to aid in the determination of aquatic function
within the intermittent stream channel.]
19

3.2. Mitigation for Loss of Stream Bed Exceeding 150 Feet.
For any NWP that results in a loss of more than 150 linear feet of perennial and/or
ephemeral/intermittent stream, the applicant shall provide a mitigation proposal to compensate
for the loss of aquatic function associated with the proposed activity. For stream losses less than
150 linear feet, that require a PCN, the District Commander may determine, on a case-by-case
basis that compensatory mitigation is required to ensure that the activity results in minimal
adverse effect on the aquatic environment.
3.3. Pre -construction Notification for Loss of Streambed Exceeding 150 Feet.
Prior to use of any NWP for any activity which impacts more than 150 total linear feet of
perennial stream or ephemeral/ intermittent stream, the applicant must comply with Nationwide
Permit General Condition 27 (PCN). This applies to NWPs that do not have specific notification
requirements. If a NWP has specific notification requirements, the requirements of the NWP
should be followed.
3.4. Restriction on Use of Live Concrete
For all NWPs which allow the use of concrete as a building material, measures will be taken to
prevent live or fresh concrete, including bags of uncured concrete, from coming into contact with
waters of the state until the concrete has hardened.
3.5. Requirements for Using Riprap for Bank Stabilization
For all NWPs that allow for the use of riprap material for bank stabilization, the following
measures shall be applied:
3.5.1. Filter cloth must be placed underneath the riprap as an additional requirement of its use in
North Carolina waters.
3.5.2. The placement of riprap shall be limited to the areas depicted on submitted work plan
drawings.
3.5.3. The riprap material shall be clean and free from loose dirt or any pollutant except in trace
quantities that would not have an adverse environmental effect.
3.5.4. It shall be of a size sufficient to prevent its movement from the authorized alignment by
natural forces under normal conditions.
3.5.5. The riprap material shall consist of clean rock or masonry material such as, but not limited
to, granite, marl, or broken concrete.
20

3.5.6. A waiver from the specifications in this Regional Condition may be requested in writing.
The waiver will only be issued if it can be demonstrated that the impacts of complying with this
Regional condition would result in greater adverse impacts to the aquatic environment.
3.6. Safe Passage Requirements for Culvert Placement
For all NWPs that involve the construction/installation of culverts, measures will be included in
the construction/installation that will promote the safe passage of fish and other aquatic
organisms. The dimension, pattern, and profile of the stream above and below a pipe or culvert
should not be modified by widening the stream channel or by reducing the depth of the stream in
connection with the construction activity. The width, height, and gradient of a proposed opening
should be such as to pass the average historical low flow and spring flow without adversely
altering flow velocity. Spring flow should be determined from gage data, if available. In the
absence of such data, bankfull flow can be used as a comparable level.
In the twenty (20) counties of North Carolina designated as coastal counties by the Coastal Area
Management Act (CAMA): All pipe and culvert bottoms shall be buried at least one foot below
normal bed elevation when they are placed within the Public Trust Area of Environmental
Concern (AEC) and/or the Estuarine Waters AEC as designated by CAMA, and/or all streams
appearing as blue lines on United States Geological Survey (USGS) quad sheets.
Roadway
Culvert bur* d
Approach Fill I Bari]Efiill I below lambed
tic) appropriate
depth (if required).
Strum
Bottom
In all other counties: Culverts greater than 48 inches in diameter will be buried at least one foot
below the bed of the stream. Culverts 48 inches in diameter or less shall be buried or placed on
the stream bed as practicable and appropriate to maintain aquatic passage, and every effort shall
be made to maintain the existing channel slope. The bottom of the culvert must be placed at a
depth below the natural stream bottom to provide for passage during drought or low flow
conditions.
Destabilizing the channel and head cutting upstream should be considered in the placement of
the culvert.
A waiver from the depth specifications in this condition may be requested in writing. The waiver
will be issued if it can be demonstrated that the proposal would result in the least impacts to the
aquatic environment.
All counties: Culverts placed in wetlands do not have to be buried.
21

3.7. Notification to NCDENR Shellfish Sanitation Section
Applicants shall notify the NCDENR Shellfish Sanitation Section prior to dredging in or
removing sediment from an area closed to shell fishing where the effluent may be released to an
area open for shell fishing or swimming in order to avoid contamination from the disposal area
and cause a temporary shellfish closure to be made. Such notification shall also be provided to
the appropriate Corps of Engineers Regulatory Field Office. Any disposal of sand to the ocean
beach should occur between November 1 and April 30 when recreational usage is low. Only
clean sand should be used and no dredged sand from closed shell fishing areas may be used. If
beach disposal were to occur at times other than stated above or if sand from a closed shell
fishing area is to be used, a swimming advisory shall be posted, and a press release shall be
issued.
3.8. Preservation of Submerged Aquatic Vegetation
Adverse impacts to Submerged Aquatic Vegetation (SAV) are not authorized by any NWP
within any of the twenty coastal counties defined by North Carolina's Coastal Area Management
Act of 1974 (CAMA).
4.0 Additional Regional Conditions Applicable to Specific Nationwide Permits
The following regional conditions are required for NWP #29 -Residential Developments.
4.1. Discharges in wetlands and in perennial streams for stormwater management facilities are
prohibited under this NWP.
4.2. Single-family recreational facilities are not authorized by this NWP. Recreational
facilities that are incorporated into serving an entire residential development can be authorized
by this NWP.
4.3. Discharges of dredged or fill material into waters of the US, including wetlands, within the
floodway, resulting in permanent above -grade fills are not authorized by this NWP.
4.4. Discharges of dredged or fill material into waters of the US, including wetlands, within the
mapped FEMA 100 -year floodplain, below headwaters (i.e. >_ five cfs) resulting in permanent
above -grade fills are not authorized by this NWP.
4.5. This NWP may not be used to authorize the discharges of dredged or fill material into
waters of the United States that have been identified or designated by the State of North Carolina
as:
Outstanding Resource Waters
High Quality Waters
Coastal Wetlands as defined by North Carolina's Coastal Area Management Act
Wetlands adjacent to these waters
22

NC DIVISION OF WATER QUALITY - GENERAL CERTIFICATION CONDITIONS
For the most recent General Certification conditions, call the NC Division of Water Quality,
Wetlands/401 Certification Unit at [phone] or access the following website:
hLtp://h2o.enr.state.nc.us/ncwetlands/certs.html
NC DIVISION OF COASTAL MANAGEMENT - STATE CONSISTENCY
In a letter dated May 7, 2007, the North Carolina Division of Coastal Management found this
NWP consistent with the North Carolina Coastal Zone Management Program. Updates on
CAMA Consistency for NC can be found on the NC DCM web site at:
http://dcm2.enr.state.nc.us/Permits/consist.htm
EASTERN BAND OF THE CHEROKEE INDIANS TRIBAL WATER QUALITY
CERTIFICATIONS
In a letter dated May 8, 2007, US EPA, on behalf of the Eastern Band of Cherokee Indians,
provided Tribal General Conditions for Nationwide Permits on Cherokee Indian Reservation.
These Tribal General Conditions are located on the Corps website at:
h!V://www.saw.usace.anny.miVWETLANDSNWP2007/EBCI-certs.html
Citations:
2007 Nationwide Permits Public Notice for Final Issue Date: March 15, 2007
Correction Notice for Nationwide Permits, Federal Register / Vol. 72, No. 88 / Tuesday, May 8,
2007 / Notices p.26082
2007 SAW Regional Conditions — Authorized June 1, 2007
This and other information can be found on the Corps web site at:
http://www.saw.usace.army.mil/WETLAND S/NWP2007/nationwide-permits.html
23

HENDERSON COUNTY
BUILDING SERVICES
EROSION CONTROL DIVISION
SKETCH PLAN REVIEW APPLICATION FORM
Fee: FREE***
No person may initiate any land -disturbing activity on 100 square feet of land up to 43,559 square feet (just shy of an
acre) of land as covered by the Henderson County Erosion Control Ordinance before this form and an acceptable sketch
plan have been completed and approved by the Erosion Control Division, Building Services of Henderson County.
(Please type or print)
Part A. ,
1. Project Description: M r-7r"V
I,. Project Address:
3. Location of Project (Jurisdiction):
' `Henderson County
Town of Fletcher
13 Village of Flat Rock 13 Town of Laurel Park
13 City of Hendersonville or City of Hendersonville ETJ
4. Approximate date land -disturbing activity will begin:
This week Next week A4ext Month Two Months Other.
5. Site Plan attached? Yes V (see county staff for assistance on cmatina sketch rslan)
6. Type of development:
residential Commercial 0 Landscaping 0Industrial
7. Total amount of land uncovered: . i
13 Other
8. Person to contact should
erosion problems arise during construction:
Name [ t—K W. / ( Telephone
9. Landowner(s) of Record:
L4�-� 'a, t;[(
Name Telephone
Current Mailind Address City State Zip
The above information is true and correct to the best of my knowledge:
el__� Y4 41r -
Type or print name Title or Authority (Owner or Agent of Owner)
- 6- , '�Vo /4a� - c) q
Signature Date
***Fee is free unless problems arise at the site during construction. At that time an erosion control plan will be
required to be submitted and the appropriate fees paid at that time. Created on 10/11/2007

Permits & Inspections
Page 1 of 1
Henderson County
Miscellaneous Permit Bill
100 N. King Street Hendersonville, N.C. 28792
Phone:[phone]
Fax:[phone]
Permit No : Status : ISSUED Bill No : 09290114627
Expiration : 5/16/2010 Status Date : 11/16/2009 Bill Date : 11/16/2009
Owner_ Information
Name : Kirk Hall
Address : 460 Orchard Lake Rd
Saluda NC 28773
PhoneM
Phone(H) 2738316
Phone(M)
Property Information
PIN # : 9594830464
Address : 4280 Fork CreeK Rd
Saluda NC 28773
Type & Use
Subdivision
Lot#
PLEASE MAKE ALL CHECKS PAYABLE TO "HENDERSON COUNTY"
Acify Name Fee DetaikM Contact Information
Permit 10.00 Name : KIRK HALL
TOTAL 10.00 Address : 460 Orchard Lake Rd
Saluda NC 28773
Phone(W) :
Phone(H) : 2738316
Phone(M) :
2ayment Information
3ill'No. Receipt No. lReffil AmountStatus Re1#2 Amount Status Re1#3 Amount IStatus
)9290114627 09290107279
Signature: R, L?Fe-y )0(:..,
(Department)
http://pnilpnilEGov.controller?actionType=popupPrintBill&txtBillNum=09290114627&t... 11/16/2009

Fermits & Inspections
,ar-7 7
Page 1 of 2
Henderson County (Building Code) — Miscellaneous Permit
100 N. King Street, Suite 220, Hendersonville, N.C. 28792
Phone:[phone], Fax: [phone]
Fax:
Permit No: 402MV434
Status: ISSUED
Name
: Kirk Hall
Address
: 460 Orchard Lake Rd
Saluda NC 28773
PhonsM
MOUNTAIN RD 1.5 R FORK
Phone(H)
: 2738316
Phone(NQ
Private
Prody Information
: Same as Owner
PIN #
: 9594830464
Address
: 4280 Fork Creek Rd
Side Ft
Saluda NC 28773
Type & Use
Subdivision
Lot #
Directions
4280 FORK CREEK RD -176
R GREENVILLE ST 3.5
MILES TO L MINE
MOUNTAIN RD 1.5 R FORK
CREEK 2ND HOUSE ON L
Prop Type
Private
Total(Sq.Ft.)
: Same as Owner
Front Ft
Information
Rear Ft
: Kirk Hall
Side Ft
: 460 Orchard Lake Rd
Side St. Ft
Saluda NC 28773
Utility Details
Power Co. :
Duke Power Other
Premise/Work # :
Water :
Na
Sewer :
Na
Appl. Dt.: 11/16/2009 Exp. Dt.: 5/16/2010
Status DL: 11/16/2009
Job Details
Job Type : New
Description : CREATE POND ON
PRIVATE
PROPERTY... EROSION
CONTROL SKETCH PLAN
PERMIT ... PO
Notes
: CREATE POND ON
PRIVATE
PROPERTY... EROSION
CONTROL SKETCH PLAN
PERMIT ... PO
Contractor
Details
Contractor
: Same as Owner
Applicant
Information
Name
: Kirk Hall
Address
: 460 Orchard Lake Rd
Saluda NC 28773
Phone(W)
Phone(H) 2738316
Phone(M)
Occupant Information
Name : Kirk Hall
Miscellaneous Details
Occupancy : R3XXXX
Classification
Total Value $
Signature: 0. &7ew--
(Department)
Signature: I A.. ` Print Name:
(Owner/Applican Contractor)
Date: I I air _ 04
Permit iReceiptNo. IFee [Ref#1 jAmountj Status I Ref#2 I Amountl Status I Ref#3 jAmountj Status
http://pnilpniIEGov.controller?actionType=popupPrintMiscellaneous&txtParentPermitNu... 11/16/2009

Reports
Henderson County, NC - Parcel Slope Report
e
Date: November 16, 2009
Owner Name:
Mailing Address:
Situs Address:
PIN: 9594830464
HALL, KIRK A ; HALL, KONNIE F
129 BOYD DR
4280 FORK CREEK RD
Parcel Number: 0601793
Page 1 of 1
Slope 0% - 16%:
Slope 16% - 25%:
Slope 25% - 60%:
Slope 60% and greater:
Total Acres:
2.35 Acres (71.71% of total)
0.58 Acres (17.67% of total)
0.26 Acres ( 7.91% of total)
0.00 Acres ( 0.00% of total)
3.27
http://gisweb.hendersoncountync.org/GoMaps/reports/report.cfm?CFID=176437&CFTO... 11/16/2009

HENDERSON COUNTY
PERMIT CENTER SERVICES
BUILDING SERVICES DEPARTMENT
SKETCH PLAN REVIEW APPLICATION FORM
$10.00/parcel
No person may initiate any land -disturbing activity on any of the following:
100 square feet of land up to 34,559 square feet Oust shy of an acre) of land below 15% slope
Less than % acre - 21,780 Square feet of land disturbance if slopes are between 15-25%
Less than'/. acre -10,890 Square feet of land disturbance if slopes exceed 25%
before this form and an acceptable sketch plan have been completed and approved by the Permit Center Staff with Building
Ser ices of Henderson County. (Please type or print and, if the question is not applicable or the e-mail and/or fax information
unaveRom& place NIA in the blank ) 'slope is defined in the Land development code
1. Project Name 1��'�`'� ✓ i' :6� r e-
2. Location of land -disturbing activity: County t'►e&-94 5,91 - City or Township AIL
3. ProjectAddress tA��"� $© 1t�� `�r� nna -1 Iy L
4. Approximate date land -disturbing activity will begin: / Y0 J -30 . Z-° D 1
5. Site Plan attached? Yes ✓ (See county staff for assistance on creating sketch plan)
6. Purpose of development (residential, commercial, industrial, institutional, etc.): -9�-1CQ1 QL-
7. Total square footage of disturbed or uncovered land: , �� S� or • 69 ��-
8. Person to contact
should /erosion and sediment control issues arise during land -disturbing activity:
Name IC r- "� IW^ / E-mail Address I<A4,IIC 10 (1y ' 66nt
'"telephone QkL g L— 78 Cell # ;Z -)3 - 8 �; 1-6 Fax #
9. Landowner(s) of Record:
& ! ,�
Name
4Z-9 7---5P LJray !.►1� �Q�
Current Mailing Address
F%PA , 1V6, 2,-,�t7-i
City Stfite.Zip
-5`"R--
Telephone
Current Street Address
Fax Number
City State Zip
I certify that the above information is true.and correct to the best of my knowledge and belief. I agree to provide corrected
information should there be anyt:hange in the information provided herein.
If my project causes erosion control iss'was during construction or my project falls outside of the criteria of a sketch plan
permit, I agree to abide by •S, ubpaq, E - Soil Erosion and Sedimentation Control of the Henderson County Land
Development Code which might require a design professional to prepare a soil erosion and sedimentation control plan
and additional permit fees to be paid. For additional information you may contact the erosion control division at (828) 694-
6521
94
6521 or [phone].
k"k 4, d
Type or print name
Signature
6,. 4 -
Title or Authority
l�-/'3-,r9
Date

STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE EUGENE A. CONTI, JR.
Governor Secretary
Encroachment No.:
Location:
County:
District Engineer:
Mr. Kirk Hall
129 Boyd Drive
Flat Rock, NC 28731
Dear Mr. Hall:
November 30, 2009
200945056
SR 1840
Henderson
Mark T. Gibbs, P. E.
[phone]
Attached for your files is a copy of a contract which has been properly executed for the
encroachment on NC DOT right-of-way designated as SR 1840, for the installation of a small pond
(off the ROW) and install small berm and plant a row of trees at the right of way line for buffer, as
shown on the attached drawings.
• The attached standard and project special provisions are conditions of this encroachment.
If you have any questions please contact Carl Ownbey, Transportation Technician III, whom you
can reach at the District Engineer's office at [phone].
Sincerely—
Mark T. Gibbs, P. E.
District Engineer
MTG/co
cc: Utilities Coordination Unit
File
Division 14, District 1
Phone: [phone] Haywood Road, Mills River, NC 28759 Fax: [phone]

STATE OF NORTH CAROLINA SUBJECT
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT
COUNTY
HIGHWAY BUILDING PREPARED BY DATE STATION
P. O. BOX 23201
( -EIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO SHEET OF_
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P"irk and Konnie Hall 2/3 acre Pond GoMAPS - Henderson County
NC Public Access
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'WARNING: THIS 1S NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
Wednesday, October 28 2009
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Wednesday, October 28 2009
4W

STANDARD SPECIAL PROVISIONS FOR ENCROACHMENTS
REVISED JUNE 2005
1. Notify the District Engineer's office at least 3 day's prior to commencing work and again upon completion of
work. (828- 891-7911)
2. Traffic control devices and procedures shall be installed to ensure public safety and shall comply with the latest
edition of the Manual on Uniform Traffic control Devices and the N.C. Department of Transportation's Standards
and Specifications for Roads and Structures.
3. Contact the appropriate Utility Company(ies) involved and make satisfactory arrangements to adjust any utilities in
conflict with the proposed work prior to construction.
4. Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District
Engineer. Drainage structures shall not be blocked with excavation, construction or other materials. In addition,
any drainage pattern that is altered must be repaired / modified. This work must meet NCDOT standards, and result
in proper and adequate drainage of disturbed area. This includes but is not linuted to culverts, ditches, shoulders, or
drainage structures. The District Office is to be notified of any changes -made.
5. Trenching, bore pits and/or other excavations shall not be left open or unsafe to pedestrian or vehicular traffic
overnight or during holidays and weekends and shall comply with all O.S.H.A regulations and requirements.
6. All fill areas/backfill shall be compacted to 95% density in accordance with AASHTO T99 as Modified by
NCDOT. All material to a depth of 8.0" below the finished surface of the sub -grade shall be compacted to a
density equal to at least 100.0% density in accordance with AASHTO T99 as modified by NCDOT. The sub -
grade shall be compacted at a moisture content which is approximately the required to produce the maximum
density indicated by the above test method. The contractor shall dry or add moisture to the sub -grade when
required to provide a uniformly compacted and acceptable sub -grade.
7. Proper temporary and permanent measures shall be installed and maintained for the duration of the encroachment
to control erosion sedimentation in accordance with local, State and Federal regulations.
8. Materials and workmanship shall conform to the N.C. Department of Transportation's Standards and
Specifications for Road and Structures and Roadway Standard Drawings.
9. Strict compliance with The Policies and Procedures for Accommodating Utilities on Hi twat' Rights of Way shall
be required.
10: Silt basins shall be removed as soon as possible and shall not infringe on the roadway or components of the
roadway including required clear recovery areas or any other areas traversable by vehicles.
11. It is the encroaching party's responsibility to determine if any permits are required by other local, state and federal
governments to perform the work described in the encroachment and to secure such permits before any
construction begins.
12. Any work requiring equipment or personnel within 5.0' of the edge of the travel lane shall require a lane closure in
accordance with NCDOT Standards and Specifications for Roads and Structures and Roadway Standard Drawings
manuals and the latest edition of the MUTCD or supplements thereof.
13. No material or equipment storage will be allowed within 30.0' of the edge of the travel lane without the permission
of the Engineer. Absolutely no material or equipment storage will be allowed within 15.0' of the edge of the travel
lane.
14. NCDOT does not guarantee the right of way on these roads, nor will it be responsible for any claim for damages
brought by any property owner by reason of this installation.
15. If any blasting is required, the maximum peak particle velocity shall be limited to 4.0 in./sec. As measured at the
closest structure extremity.

16. Any changes to the encroachment must be submitted in writing to the Engineer for review and comment. Failure
to request changes may result in cancellation of the encroachment agreement.
17. All disturbed right of way monuments shall be reset by a NC licensed Surveyor in accordance with NCDOT
Standards and Specifications for Roads and Structures and Roadway Standard Drawings manuals.
18. No lane closures will be allowed prior to 8:30 AM or after 4:30 PM (time changes can be approved on a case by
case basis). No lane closures will be allowed on Sundays or on State observed holidays (without prior approval).
19. All manhole lids, water valves/meters and applicable concrete encasements shall be set flush with the natural
ground elevation and should be located so as to minimize interference with highway drainage. All fire hydrants
must be located a minimum 5.0' behind the ditch line.
20. All longitudinal installations of proposed encroachments shall be located as close to the outside edge of the Right
of Way and as far away from the outside edge of the nearest travel lane as possible to the satisfaction of the
District Engineer.
21. All manholes and vaults shall be of a design approved by the State Design Services Engineer. A list of previously
"Approved Manholes and Vaults" may be obtained from the State Design Services Engineer.
22. All driveways altered during construction shall be at a minimum returned to a state comparable with the condition
of the driveways prior to construction.
23. An Executed copy of this Encroachment agreement will be present at the construction site at all times during
construction. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit,
restrict or suspend operations within the right of way.
24. All roadway signs which are removed due to construction shall be reinstalled as soon as possible.
25. Ingress and egress shall be maintained to all business and dwellings affected by the project. Special attention shall
be paid to police and fire stations, fire hydrants and hospitals.
26. Vegetative cover shall be established on all disturbed and damaged areas to the satisfaction of the District Engineer
in accordance with the attached Seeding and Mulching guidelines. The N.C. Department of Transportation
reserves the right to modify the guidelines for unique situations or as recommended by the Area Roadside
Environmental Engineer.
SEEDING AND MULCHING GUIDELINES
MATERIAL
May 1— Aug. 31
Sept. 1 — April 30
Kentucky 31 Fescue
100 Lb./Ac.
100 Lb./Ac
OR
Hard Fescue
15 Lb./Ac.
15 Lb./Ac.
Fertilizer
500 Lb./Ac.
500 Lb./Ac.
Limestone
4000 Lb./Ac.
4000 Lb./Ac.
Rye grain
-----------------
25 Lb./Ac.
German Millet
25 Lb./Ac.
-----------------
Mulch with grain straw
40 bales/Ac.
40 bales/Ac. .
NOTES
A. Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-2 ratio is
maintained and the rate of application is adjusted to provide the same amount of nutrients as the 10-20-20
analysis.
B. Hard Fescue may be substituted for Kentucky 31 Fescue and Vice Versa however see the above table as the rate of
application for the two materials is different.
C. Seeding and mulching operations shall be adapted to various weather or soil conditions as necessary for the
successful establishment and growth of the grasses and legumes as directed by the Engineer.

27. The encroaching party shall comply with all applicable federal, state, and local environmental regulations, and
shall obtain all necessary federal, state, and local environmental permits, including but not limited to, those related
to sediment control, storm water, wetland, streams, endangered species, and historical sites.
28. Excavation within 1000 feet of a signalized intersection will require notification by the party of the second part to
the Division Traffic Engineer at telephone number 828-631-1185. All traffic signal or detection cables must be
located prior to excavation.
29. With directional boring, under no condition shall jetting alone or wet boring with water of utility pipelines be
allowed. Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a
minimum depth of ten (10) feet below the pavement surface (fifteen feet below the surface of controlled access
roads) and five (5') below any ditch line. Any parallel installation utilizing the directional boring shall be made at
a minimum depth of three (3') feet (cover) below the ground surface except where the parallel installation crosses
a paved roadway. The tip of the drill string shall have a cutter head. Any changes shall be submitted to the
District Engineer for approval prior to construction. An overbore shall not be more than two (2") inches greater
than the diameter of the pipe or encasement will be considered. If the encroachment agreement includes a
statement signed and sealed by a North Carolina Registered Professional Engineer, indicating that an over bore in
excess of two (2") inches of the pipe or encasement will arch and no damage will be done to the pavement or
subgrade.
30. Any open cut pavement must be repaired / replaced with an NCDOT approved Bituminous material within 48
hours. NCDOT will not be responsible for damages incurred to the traveling public where the pavement has been
cut.
31. That the party of the second part agrees to provide traffic control devices, lane closures, road closures, positive
protection and/or any other warning or positive protection devices necessary for the safety of motorists and
workers during construction and any subsequent maintenance. This shall be performed in conformance with the
latest NCDOT Roadway Standard Drawings and Standard Specifications for Roads and Structures and
Amendments or Supplements thereto. When there is no guidance provided in the Roadway Standard Drawings
and Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets and Highways and
Amendments or Supplement thereto. Information as to the above rules and regulations may be obtained from the
Division Engineer of the party of the first part.

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GoMAPS - Henderson County NC Public Access
Henderson County, NC - GoMaps GIS/Mapping System
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http://gisweb.hendersoncountync.org/GoMaps/map/Index.cfm?mai=apservice=gomaps_hcsgl&CFID=181887&CFTOKEN=... 11/23/2009

STATE OF NORTH CAROLINA SUBJECT
DEPARTMENT OF TRANSPORTATION
DIVISION OF HIGHWAYS
PROJECT
COUNTY
HIGHWAY BUILDING PREPARED BY DATE STATION
P. O. BOX 23201
j _EIGH. NORTH CAROLINA 27611 CHECKED BY DATE STR NO T SHEEOF_
SO -01

Kirk and Konnie Hall 2/3 acre Pond GoMAPS - Henderson County
NC Public Access
***WARNING: THIS IS NOT A SURVEY!***
This map is prepared for the inventory of real property found within this jurisdiction, and is compiled from recorded
deeds, plats, and other public records and data. Users of this map are hereby notified that the aforementioned public
primary information sources should be consulted for verification of the information contained on this map. The
County and mapping company assume no legal responsibility for the information contained on this map.
LEGEND
Wednesday, October 28 2009
s
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Wednesday, October 28 2009
s

STANDARD SPECIAL PROVISIONS FOR ENCROACHMENTS
REVISED JUNE 2005
1. Notify the District Engineer's office at least 3 day's prior to commencing work and again upon completion of
work. (828- 891-7911)
2. Traffic control devices and procedures shall be installed to ensure public safety and shall comply with the latest
edition of the Manual on Uniform Traffic control Devices and the N.C. Department of Transportation's Standards
and Specifications for Roads and Structures.
3. Contact the appropriate Utility Company(ies) involved and make satisfactory arrangements to adjust any utilities in
conflict with the proposed work prior to construction.
4. Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District
Engineer. Drainage structures shall not be blocked with excavation, construction or other materials. In addition,
any drainage pattern that is altered must be repaired / modified. This work must meet NCDOT standards, and result
in proper and adequate drainage of disturbed area. This includes but is not limited to culverts, ditches, shoulders, or
drainage structures. The District Office is to be notified of any changes -made.
5. Trenching, bore pits and/or other excavations shall not be left open or unsafe to pedestrian or vehicular traffic
overnight or during holidays and weekends and shall comply with all O.S.H.A regulations and requirements.
6. All fill areas/backfiE shall be compacted to 95% density in accordance with AASHTO T99 as Modified by
NCDOT. All material to a depth of 8.0" below the finished surface of the sub -grade shall be compacted to a
density equal to at least 100.0% density in accordance with AASHTO T99 as modified by NCDOT. The sub -
grade shall be compacted at a moisture content which is approximately the required to produce the maximum
density indicated by the above test method. The contractor shall dry or add moisture to the sub -grade when
required to provide a uniformly compacted and acceptable sub -grade.
7. Proper temporary and permanent measures shall be installed and maintained for the duration of the encroachment
to control erosion sedimentation in accordance with local, State and Federal regulations.
8. Materials and workmanship shall conform to the N.C. Department of Transportation's Standards and
Specifications for Road and Structures and Roadway Standard Drawings.
9. Strict compliance with The Policies and Procedures for Accommodating Utilities on Highway Rights of Way shall
be required.
10. Silt basins shall be removed as soon as possible and shall not infringe on the roadway or components of the
roadway including required clear recovery areas or any other areas traversable by vehicles.
11. It is the encroaching party's responsibility to determine if any permits are required by other local, state and federal
governments to perform the work described in the encroachment and to secure such permits before any
construction begins.
12. Any work requiring equipment or personnel within 5.0' of the edge of the travel lane shall require a lane closure in
accordance with NCDOT Standards and Specifications for Roads and Structures and Roadway Standard Drawings
manuals and the latest edition of the MUTCD or supplements thereof.
13. No material or equipment storage will be allowed within 30.0' of the edge of the travel lane without the permission
of the Engineer. Absolutely no material or equipment storage will be allowed within 15.0' of the edge of the travel
lane.
14. NCDOT does not guarantee the right of way on these roads, nor will it be responsible for any claim for damages
brought by any property owner by reason of this installation.
15. If any blasting is required, the maximum peak particle velocity shall be limited to 4.0 in./sec. As measured at the
closest structure extremity.

16. Any changes to the encroachment must be submitted in writing to the Engineer for review and comment. Failure
to request changes may result in cancellation of the encroachment agreement.
17. All disturbed right of way monuments shall be reset by a NC licensed Surveyor in accordance with NCDOT
Standards and Specifications for Roads and Structures and Roadway Standard Drawings manuals.
18. No lane closures will be allowed prior to 8:30 AM or after 4:30 PM (time changes can be approved on a case by
case basis). No lane closures will be allowed on Sundays or on State observed holidays (without prior approval).
19. All manhole lids, water valves/meters and applicable concrete encasements shall be set flush with the natural
ground elevation and should be located so as to minimize interference with highway drainage. All fire hydrants
must be located a minimum 5.0' behind the ditch line.
20. All longitudinal installations of proposed encroachments shall be located as close to the outside edge of the Right
of Way and as far away from the outside edge of the nearest travel lane as possible to the satisfaction of the
District Engineer.
21. All manholes and vaults shall be of a design approved by the State Design Services Engineer. A list of previously
"Approved Manholes and Vaults" may be obtained from the State Design Services Engineer.
22. All driveways altered during construction shall be at a minimum returned to a state comparable with the condition
of the driveways prior to construction.
23. An Executed copy of this Encroachment agreement will be present at the construction site at all times during
construction. If safety or traffic conditions warrant such an action, NCDOT reserves the right to further limit,
restrict or suspend operations within the right of way.
24. All roadway signs which are removed due to construction shall be reinstalled as soon as possible.
25. Ingress and egress shall be maintained to all business and dwellings affected by the project. Special attention shall
be paid to police and fire stations, fire hydrants and hospitals.
26. Vegetative cover shall be established on all disturbed and damaged areas to the satisfaction of the District Engineer
in accordance with the attached Seeding and Mulching guidelines. The N.C. Department of Transportation
reserves the right to modify the guidelines for unique situations or as recommended by the Area Roadside
Environmental Engineer.
SEEDING AND MULCHING GUIDELINES
MATERIAL May 1— Aug. 31 Sept. 1 — April 30
Kentucky 31 Fescue
100 Lb./Ac.
100 Lb./Ac
OR
Hard Fescue
15 Lb./Ac.
15 Lb./Ac.
Fertilizer
500 Lb./Ac.
500 Lb./Ac.
Limestone
4000 Lb./Ac.
4000 Lb./Ac.
Rye grain
-----------------
25 Lb./Ac.
German Millet
25 Lb./Ac.
----------------
Mulch with grain straw
40 bales/Ac.
40 bales/Ac. .
NOTES
A. Fertilizer shall be 10-20-20 analysis. A different analysis of fertilizer may be used provided the 1-2-2 ratio is
maintained and the rate of application is adjusted to provide the same amount of nutrients as the 10-20-20
analysis.
B. Hard Fescue may be substituted for Kentucky 31 Fescue and Vice Versa however see the above table as the rate of
application for the two materials is different.
C. Seeding and mulching operations shall be adapted to various weather or soil conditions as necessary for the
successful establishment and growth of the grasses and legumes as directed by the Engineer.

27. The encroaching party shall comply with all applicable federal, state, and local environmental regulations, and
shall obtain all necessary federal, state, and local environmental permits, including but not limited to, those related
to sediment control, storm water, wetland, streams, endangered species, and historical sites.
28. Excavation within 1000 feet of a signalized intersection will require notification by the party of the second part to
the Division Traffic Engineer at telephone number 828-631-1185. All traffic signal or detection cables must be
located prior to excavation.
29. With directional boring, under no condition shall jetting alone or wet boring with water of utility pipelines be
allowed. Directional boring using jetting with a Bentonite (or equivalent material) slurry is approved at a
minimum depth of ten (10) feet below the pavement surface (fifteen feet below the surface of controlled access
roads) and five (5') below any ditch line. Any parallel installation utilizing the directional boring shall be made at
a minimum depth of three (3') feet (cover) below the ground surface except where the parallel installation crosses
a paved roadway. The tip of the drill string shall have a cutter head. Any changes shall be submitted to the
District Engineer for approval prior to construction. An overbore shall not be more than two (2") inches greater
than the diameter of the pipe or encasement will be considered. If the encroachment agreement includes a
statement signed and sealed by a North Carolina Registered Professional Engineer, indicating that an over bore in
excess of two (2") inches of the pipe or encasement will arch and no damage will be done to the pavement or
subgrade.
30. Any open cut pavement must be repaired / replaced with an NCDOT approved Bituminous material within 48
hours. NCDOT will not be responsible for damages incurred to the traveling public where the pavement has been
cut.
31. That the party of the second part agrees to provide traffic control devices, lane closures, road closures, positive
protection and/or any other warning or positive protection devices necessary for the safety of motorists and
workers during construction and any subsequent maintenance. This shall be performed in conformance with the
latest NCDOT Roadway Standard Drawings and Standard Specifications for Roads and Structures and
Amendments or Supplements thereto. When there is no guidance provided in the Roadway Standard Drawings
and Specifications, comply with the Manual on Uniform Traffic Control Devices for Streets and Highways and
Amendments or Supplement thereto. Information as to the above rules and regulations may be obtained from the
Division Engineer of the party of the first part.

;OUT1 `�D
STATE OF NORTH CAROLINA
PROJECT COUNTY OF 142nL%-5trL
DEPARTMENT OF TRANSPORTATION
/)
-AND-
A.
AN rD-
A . 12 Aez r�onAi2- F
RIGHT OF WAY ENCROACHMENT AGREEMENT
FOR NON-UTILITY ENCROACHMENTS ON
PRIMARY AND SECONDARY HIGHWAYS
THIS AGREEMENT, made and entered into this the day of Wo V '20 D
I Transportation, party of the first part; and k r -K A tt.•n el lon n , 0..
WITNESSETH
by and between the Department
party of the second part,
THAT WHEREAS, the
lIparty
a�of the
/�second part desires to encroach on the right of way of the public road designated as
toute(s) g �8 , rot --k I"K L -fc Roa-4 , located
lith the construction and/or erection of: ¢. r&,,-_ol 1<
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and
he parry of the first part in the exercise of authority conferred upon it by statute, is willing to permit the
encroachment within the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
)art the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and
;,pecial provisions which are made a part hereof upon the following conditions, to wit:
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe
and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper
maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways
and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time
the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the
second part binds himself, -his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the
said requirement, without any cost to the party of the first part.
That the parry of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal
lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic
Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and
regulations may be obtained from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the parry of the first part from all damages
and claims for damage that may arise by reason of the installation and maintenance of this encroachment.
It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any
damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and
maintenance operations.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction
of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs,
other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable
rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control
Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to
pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing
ground cover, the parry of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to
meet the satisfaction of the Division Engineer of the party of the first part.
That the parry of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary
by the Division Engineer of the party of the first part.
That the party of the second part agrees to have available at the encroaching site, at all times during construction, a copy of
this agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all

THE KIRK A. HALL AND KONNIE HALL
JOINT LIVING TRUST
Dated March 06, 201 S
This Joint Living Trust Agreement (this "Agreement"), dated March 06, 2015, between Kirk A.
Hall and Konnie Hall (the "Grantors" or "Beneficiaries") of Saluda, North Carolina and Kirk A.
Hall of Saluda, North Carolina (the "Trustee").
In consideration of the mutual covenants and promises set forth in this Agreement, the Grantors
and the Trustee agree as follows:
I. PURPOSE. The purpose of this Agreement is to establish a Trust to receive and manage
assets for the benefit of the Grantors during the Grantors' lifetimes, and to further manage and
distribute the assets of the Trust upon the death of the surviving Grantor.
II. FUNDING OF TRUST. This Trust shall be funded with assets transferred to this Trust by
either or both of the Grantors at the time of creating this Trust, or at any later time. Any
community property transferred into or out of this Trust shall remain community property until
the death of either Grantor and such property, including undistributed income that it generates,
shall not be commingled. This Trust may also receive property from any person or entity who is
acting under the authority granted to that person or entity by the Grantors. It is also expected that
this Trust may receive assets pursuant to the terms of either Grantors' Last Will and Testament.
III. MANAGEMENT OF TRUST ASSETS. The Trustee shall manage and distribute the trust
assets for the benefit of the Grantors and their successor(s) in interest in accordance with the
terms of this Agreement.
IV. PAYMENTS DURING THE LIFETIMES OF THE GRANTORS. During the joint or
survivor lifetimes of the Grantors, the Trustee shall pay all of the net income of this Trust, and
also such sums from principal as either Grantor may request at any time in writing, to or for the
benefit of the Grantors, or as either Grantor may designate. Such payments shall be made at least
quarterly. The Grantors may change the amount of the payments at any time by providing
written notice to the Trustee. Any excess income shall be added to principal at the discretion of
the Trustee.
A. Payments During a "Disability" of a Grantor. During any period that a Grantor has a
"disability", the Trustee may pay to or for the benefit of such Grantor such amounts of
income and principal as the Trustee believes in the Trustee's sole discretion to be required
for (i) such Grantor's support, comfort and welfare, (ii) such Grantor's accustomed manner
of living, or (iii) any purpose that the Trustee believes to be in the best interest of such

Grantor.
B. Disability Defined. For the purposes of this Trust, "disability" shall mean a legal
disability or the inability to provide prompt and intelligent consideration to financial matters
by reason of illness or mental or physical disability. The determination of whether a Grantor
has a disability shall be made by such Grantor's most recent attending physician. The
Trustee shall be entitled to rely on written notice of that determination.
V. DEATH OF A GRANTOR. Upon the death of the first of the Grantors to die (the
"Decedent"), the Trust shall become irrevocable with respect to the property contributed to the
Trust by the Decedent (including accumulated income on that property, but excluding trust
property given to the surviving Grantor) and shall continue for the benefit of the surviving
Grantor (the "Surviving Grantor"), subject to distributions (if any) that may be required (i) by this
Agreement, or (ii) to pay the just debts, funeral expenses, and expenses of last illness of the
Decedent.
A. Thirty Day Survival Requirement. For the purposes of determining the appropriate
distributions under this Trust, no person shall be deemed to have survived the Grantor
making the distribution unless such person is also living on the thirtieth day after the date of
that Grantor's death.
B. Common Disaster. If the Grantors die under circumstances such that there is no clear or
convincing evidence as to the order of their deaths, or if it is difficult or impractical to
determine which person survived the death of the other person, it shall, for the purpose of
distribution of any life insurance, property passing under any will or other contracts, if any,
and property passing under this Trust, be conclusively presumed that Kirk A. Hall
predeceased Konnie Hall.
VI. DISTRIBUTION OF RESIDUARY TRUST ASSETS UPON THE SURVIVING
GRANTOR'S DEATH. Upon the death of the second of the Grantors to die (the "Surviving
Grantor"), the residuary assets of this Trust shall be distributed to the Grantors' children in equal
shares. If a child does not survive the Surviving Grantor, such deceased child's share shall be
distributed in equal shares to the children of such deceased child who survive by right of
representation. If a child does not survive the Surviving Grantor and has no children who so
survive, such deceased child's share shall be distributed in equal shares to the Grantors' other
children, if any, or to their respective children by right of representation. If no child of the
Grantors survives the Surviving Grantor, and if none of the Grantors' deceased children are
survived by children, the residuary assets of this Trust shall be distributed 50.00 % to the
heirs-at-law of Kirk A. Hall and 50.00 % to the heirs-at-law of Konnie Hall, their identities and
respective shares to be determined under the laws of the State of North Carolina, then in effect,
as if each Grantor, respectively, had died intestate at the time fixed for distribution under this
provision and not survived by the other Grantor.

Vll. TRUSTEE POWERS. The Trustee, in addition to other powers and authority granted by
law or necessary or appropriate for proper administration of the Trust, shall have the following
rights, powers, and authority without order of court and without notice to anyone:
A. Receive Assets. To receive, hold, maintain, administer, collect, invest and reinvest the
trust assets, and collect and apply the income, profits, and principal of the Trust in
accordance with the terms of this instrument.
B. Receive Additional Assets. To receive additional assets from other sources, including
assets received under the Will of a Grantor or any other person.
C. Standard of Care. To acquire, invest, reinvest, exchange, retain, sell, and manage estate
and trust assets, exercising the judgment and care, under the circumstances then prevailing,
that persons of prudence, discretion and intelligence exercise in the management of their
own affairs, not in regard to speculation but in regard to the permanent disposition of their
funds, considering the probable income as well as the probable safety of their capital.
Within the limitations of that standard, the Trustee is authorized to acquire and retain every
kind of property, real, personal or mixed, and every kind of investment, specifically
including, but not by way of limitation, bonds, debentures and other corporate obligations,
and stocks, preferred or common, that persons of prudence, discretion, and intelligence
acquire or retain for their own account, even though not otherwise a legal investment for
trust funds under the laws and statutes of the United States or the state under which this
instrument is administered.
D. Retain Assets. To retain any asset, including uninvested cash or original investments,
regardless of whether it is of the kind authorized by this instrument for investment and
whether it leaves a disproportionately large part of the estate or trust invested in one type of
property, for as long as the Trustee deems advisable.
E. Dispose of or Encumber Assets. To sell, option, mortgage, pledge, lease, or convey real
or personal property, publicly or privately, upon such terms and conditions as may appear to
be proper, and to execute all instruments necessary to effect such authority.
F. Settle Claims. To compromise, settle, or abandon claims in favor of or against the Trust.
G. Manage Property. To manage real estate and personal property, borrow money, exercise
options, buy insurance, and register securities as may appear to be proper.
H. Allocate Between Principal and Income. To make allocations of charges and credits as
between principal and income as in the sole discretion of the Trustee may appear to be
proper.
1. Employ Professional Assistance. To employ and compensate counsel and other persons
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deemed necessary for proper administration and to delegate authority when such delegation
is advantageous to the Trust.
J. Distribute Property. To make division or distribution in money or kind, or partly in
either, including disproportionate in-kind distributions, at values to be determined by the
Trustee, and the Trustee's judgment shall be binding upon all interested parties.
K. Enter Contracts. To bind the Trust by contracts or agreements without assuming
individual liability for such contracts.
L. Exercise Stock Ownership Rights. To vote, execute proxies to vote, join in or oppose any
plans for reorganization, and exercise any other rights incident to the ownership of any
stocks, bonds, or other properties of the Trust.
M. Duration of Powers. To continue to exercise the powers provided in this Agreement
after the termination of the Trust until all the assets of the Trust have been distributed.
N. Hold Trust Assets as a Single Fund. To hold the assets of the Trust, shares, or portions
of the Trust created by this instrument as a single fund for joint investment and
management, without the need for physical segregation, dividing the income proportionately
among them. Segregation of the various trust shares need only be made on the books of the
Trustee for accounting purposes.
O. Compensation. To receive reasonable compensation for the Trustee's services under this
Agreement and be exonerated from and to pay all reasonable expenses and charges of the
Trust.
P. Loans to Beneficiaries. To make loans to any trust beneficiary for the purpose of
providing the beneficiary with the funds necessary to take advantage of exceptional business
opportunities or to provide for the needs of the beneficiaries and their families.
Q. Methods of Distribution. To make payments to or for the benefit of any beneficiary
(specifically including any beneficiary under any legal disability) in any of the following
ways: (a) directly to the beneficiary; (b) directly for the maintenance, welfare and education
of the beneficiary; (c) to the legal or natural guardian of the beneficiary; or (d) to anyone
who at the time shall have custody and care of the person of the beneficiary. The Trustee
shall not be obliged to see to the application of the funds so paid, but the receipt of the
person to whom the funds were paid shall be full acquittance of the Trustee.
VIII. ADDITIONAL TRUSTEE PROVISIONS. These additional provisions shall apply
regarding the Trustee.
A. Grantor(s) as Trustee. If at any time the Grantors or either of them shall be acting as

Trustee, such Grantor(s)/Trustee may appoint a successor trustee, to become effective
immediately or upon any stated contingency, by making such designation in writing. Such
designee shall become the successor Trustee upon acceptance of the terms and conditions of
this Agreement.
B. Successor Trustee. If at any time the Trustee cannot serve because of the Trustee's
disability (as previously defined), death, or other reason, Konnie Hall, of Saluda, North
Carolina, is designated as the successor Trustee, without bond. If such designee(s) is/are
unable to serve for any reason, Luke Hall, of Saluda, North Carolina and Hannah Hall, of
Saluda, North Carolina, are designated as the alternate successor Co -Trustees, without bond.
Such designee(s) shall become the successor Trustee(s) upon acceptance of the terms and
conditions of this Agreement.
C. Resignation of Trustee. Any Trustee may resign by giving written notice to the
beneficiaries to whom income could then be distributed. Such resignation shall take effect
on such date specified in the notice, but not earlier than thirty (30) days after the date of
delivery of such written resignation unless an earlier effective date shall be agreed to by the
income beneficiaries.
D. Adult Beneficiary Rights. If the Trustee resigns or for any reason ceases to serve as
Trustee, and if the successor Trustee(s) designated by the Grantors, if any, fail or cease to
serve as Trustee, then the adult beneficiaries to whom income could then be distributed,
together with the adult beneficiaries to whom principal would be distributed if the Trust
were then to terminate, may by majority action in writing appoint a successor Trustee. If
agreement of a majority of the beneficiaries cannot be obtained within sixty (60) days, a
successor Trustee shall be appointed by the court having general jurisdiction of the Trust.
Any successor Trustee appointed shall have all the rights conferred upon the original Trustee
and shall be bound by the provisions of this Trust.
E. Accounting. The Trustee shall provide an accounting to the Beneficiary (or
beneficiaries) on at least a(n) annual basis. If a beneficiary has a "disability", the Trustee
shall provide the accounting to a guardian or conservator, if any.
F. Bond, Successor Trustees, other than those nominated in this Trust, shall serve without
bond.
IX. RIGHT TO DIRECT INVESTMENTS. At any time that the Trust has investments, and
provided that a Grantor does not have a "disability", such Grantor may direct any Trustee to
purchase, sell, or retain any trust investment.
X. REVOCATION OR AMENDMENT. Either Grantor may revoke at any time and/or the
Grantors may jointly amend, this Agreement by delivering to the Trustee an appropriate written
revocation or amendment, signed by the necessary Grantor or Grantors, respectively. If the
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Trustee consents, the powers of revocation, but not the power of amendment, may be exercised
by a duly appointed and acting attorney-in-fact for the Grantors, or either of them, for the purpose
of withdrawing assets from the Trust. If the Trust is revoked, the Trustee shall distribute the
Trust assets to the Grantors in the same manner and amount as the Grantors contributed the
property.
XI. GOVERNING LAW. This Agreement shall be construed in accordance with the laws of
the State of North Carolina.
XII. PERPETUITIES SAVINGS CLAUSE. Despite any other provision of this Agreement to
the contrary, the Trust created by this Agreement shall terminate no later than 21 years after the
death of the last surviving beneficiary of this Agreement who is living at the time of the death of
the Surviving Grantor.
XIII. SEVERABILITY. If any portion of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but
that by limiting such provision it would become valid and enforceable, then such provision shall
be deemed to be written, construed, and enforced as so limited.
XIV. MISCELLANEOUS PROVISIONS.
A. Paragraph Titles and Gender. The titles given to the paragraphs of this Trust are
inserted for reference purposes only and are not to be considered as forming a part of this
Trust in interpreting its provisions. All words used in this Trust in any gender shall extend
to and include all genders, and any singular words shall include the plural expression, and
vice versa, specifically including "child" and "children", when the context or facts so
require, and any pronouns shall be taken to refer to the person or persons intended regardless
of gender or number.
B. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of
fraudulent conduct or bad faith, be liable individually to any beneficiary of any trust estate,
and the trust estate shall indemnify such natural person from any and all claims or expenses
in connection with or arising out of that fiduciary's good faith actions or nonactions of the
fiduciary, except for such actions or nonactions which constitute fraudulent conduct or bad
faith. No successor Trustee shall be obliged to inquire into or be in any way accountable for
the previous administration of the trust property.
C. Children. The names of the Grantors' children are Emily Hall, Hannah Hall, Luke Hall,
and James Hall.

Signature: Kirk A. Hall, Grantor 1
Signa e: Konnie Hall, Grantor 2
Signature: Kirk A. Hall, Trus ee
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STATE OF NORTH CAROLINA
COUNTY OF.P61✓K— !A a t&d X'zs,-R t#5
On this day of _N,%Uy Ox , aC��J, before me
�q& , personally appeared Kirk A. Hall and Konnie Hall,
known to me (or satisfactorily proven) to be the persons whose names are subscribed to the
within instrument and acknowledged that they executed the same as Grantors for the purposes
therein contained.
In witness whereof I hereunto set my hand and official seal.
Title (and Rank)
My commission expires
STATE OF NORTH CAROLINA
COUNTY OF PAS
On thisday of mx c1 y ,` , before me personally appeared Kirk A.
Hall, known to me to be the person described in and who executed the foregoing instrument as
Trustee and acknowledged that he/she executed the same (in his/her authorized capacity) as
his/her free act and deed.
In witness whereof I hereunto set my hand and official seal.
N S
Notary Public 140,
Title (and Rank)
My commission expires Q-11-aon
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"USLIC