20181409 Ver 1_USACE Permit_20181105

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW -2016-02051
County: Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Avery's Creek, LLC
Address: 21 Palm Avenue
Miami Beach, FL 33139-5137
Telephone Number: 828-258-1762
Location description: The residential development known as The Preserve at Avery's Creek is located on Avery Creek
Road, in Asheville, NC. Coordinates are 35.465721 -82.586755
Description of projects area and activity: This permit authorizes excavation, placement of fill/culverts and bank
stabilization activities associated with contructing a residential development. Impacts authorized by this permit are
summarized below. This permit replaces any previous authorizations. See attached special conditions for mitigation
requirements.
Stream Impact Number
Permanent (P) or
Temporary (t)
Type of Impact
Stream Name
Perennial (PER) or
Intermittent (INT)
Impact Length
(linear feet)
S1 — P
Culvert
S 1 — UT to Avery
Creek
PER
101*
S2 — P
Fill
S2 — UT to Avery
Creek
INT
112
S3 T
Utility Crossing
S 1 - UT to Avery
Creek
PER
5
S4 - T
Stabilization
S 1 - UT to Avery
Creek
PER
20
Total
238 linear feet
*Compensatory mitigation through payment to NCDMS is required for this impact as noted below in Special Condition 1.
Wetland Impact Number
Permanent (P) or
Temporary t
Type of Impact Type of Wetland Area of Impact
(acres)
W1 —P
Fill Headwater 0.06
W2 — P
Fill Headwater 0.01
Total 0.07 acres
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: 29
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
1. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance with the
provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility Transfer
Form. The requirements of this form, including any special conditions listed on this form, are hereby incorporated as
special conditions of this permit authorization.
2. Upon completion/installation of the Permanent Basin adjacent to Stream 2 (S2) as noted on plan sheets, a
monitoring plan should be submitted yearly for two consecutive years that shows this basin is adequately
maintaining hydrology in the remaining reaches of S2. If this basin does not adequately maintain hydrology as
proposed, a permit modification and/or additional permit authorization along with associated stream mitigation may
be required for the remaining portions of stream channel impacted by this development.
3. If additional impacts to waters of the U.S., either on this property or on/adjacent to this property are proposed at a
later date then those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed
cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e. past and present)
losses or degradation of waters of the U.S. are greater than 150 linear feet of stream channel and/or 0.10 acre of
wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of
stream channel* and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the

use of the Nationwide Permit Program for this project does not imply that this office will necessarily approve any
future proposal to impact waters of the U.S. on this property and/or properties associated with this residential
development. *The District Commander has the ability to waive the 300 linear foot limit for intermittent stream
channels on a case-by-case basis. All requests for a waiver must be in writing and shall include rationale for the
request.
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the
attached conditions, above noted special conditions, and your submitted application and attached information dated
October 17, 2018. Any violation of the attached conditions or deviation from your submitted plans may subject the
permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide/regional permit authorization
is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies
with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is
suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide/regional permit, activities which have commenced (i.e., are under construction) or are under contract to commence
in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months
of the date of the nationwide/regional permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case-by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification.
You should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act
(LAMA), 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 Amanda Jones at 828-271-7980, ext. 4225 or [e-mail].
FUEMMELER.AMAND °'EMME�ER �"N aJONB.12«35090
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Corps Regulatory Official: A.JONES.1242835090 o p,a; Fo, , o oo°^ °°E 1343835090 Date: November 5, 2018
Amanda Jones
Expiration Date of Verification: March 18, 2022
CF: C1earWater Environmental Consultants, Attn: Clement Riddle (via email)
N.C. Division of Water Resources, Attn: Zan Price (via email)

Action ID Number: SAW -2016-02051 County: Buncombe
Permittee: Avery's Creek, LLC
Project Name: The Preserve at Avery's Creek
Date Verification Issued: November 5, 2018
Project Manager: Amanda Jones
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:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn.: Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date