20181662 Ver 1_2017-02263_OakleySprings_NWP17and27_copy_20181207

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action ID. SAW-2017-02263 County: Buncombe
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: JD Land Holding, LLC / Attn: Jonathan Dworin
Address:1701 16th St. NW, Apt. 507
Washington D.C., 20009
Telephone Number:301-356-4822
Size (acres): 3.88 acres Nearest Town:Asheville
Nearest Waterway:UT to Swannanoa River Coordinates:35.569685 -82.52421
River Basin/HUC:French Broad
Location description: The site is located at the end of Blalock Avenue, in Asheville, NC.
Description of projects area and activity: This permit authorizes placement of fill, excavation, and installation of
culverts for the development of a residential development known as Oakley Springs. Permanent impacts authorized
total 0.06 acre and 123 linear feet of stream channel under Nationwide Permit 18 for the installation of road culverts
and a stormwater BMP. Temporary impacts authorized under Nationwide Permit 27 total 281 linear feet of stream
channel for stream enhancment activities.
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: 18 and 27
SEE ATTACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS
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
May 17, 2018 and August 1, 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/regionalpermit, 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.

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].
Corps Regulatory Official: ___________________________ Date: August 22, 2018
Amanda Jones
Expiration Date of Verification: August 22, 2022
FUEMMELER.AMAND
A.JONES.1242835090
Digitally signed by
FUEMMELER.AMANDA.JONES.1242835090
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=FUEMMELER.AMANDA.JONES.1242835090
Date: 2018.08.22 12:59:06 -04'00'
CESAW-RG-A «Permit_No»
Determination of Jurisdiction:
A. There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the
Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This
preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
(Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting
the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and
you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process
concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter
the hydrology of waters of the United States.
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 (RHA) (33 USC § 403) and 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.
C. There are waters, including wetlands, within the above described project area that are 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: SAW-.
Basis for Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional
Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region(version
2.0). These wetlands are adjacent to stream channels located on the property that exhibit indicators of ordinary high
water marks. The stream channel on the property is an unnamed tributary (UT) to the Swannanoa River which flows into
the French Broad River.
Remarks:A site visit was conducted on October 23, 2017.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps’ Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate
participation in USDA programs, you should request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 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:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
2017-02263
CESAW-RG-A «Permit_No»
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 by .
**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: ______________________________________
Amanda Jones
Issue Date of JD: August 22, 2018 Expiration Date of JD: N/A Preliminary JD
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 our Customer Satisfaction Survey, located online at
http://corpsmapu.usace.army.mil/cm_apex/f?p=136:4:0.
Copy furnished:
Equinox Environmental Consultation & Design / Attn: Owen Carson (via email)

2017-02263
FUEMMELER.AMANDA.J
ONES.1242835090
Digitally signed by FUEMMELER.AMANDA.JONES.1242835090
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI, ou=USA,
cn=FUEMMELER.AMANDA.JONES.1242835090
Date: 2018.08.22 12:59:32 -04'00'
CESAW-RG-A «Permit_No»
Action ID Number: SAW-2017-02263 County: Buncombe
Permittee: JD Land Holding, LLC / Attn: Jonathan Dworin
Project Name: Oakley Springs / NWP 18 and 27
Date Verification Issued: August 22, 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
2017-02263
CESAW-RG-A «Permit_No»
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: JD Land Holding, LLC / Attn: Jonathan
Dworin
File Number: SAW-SAW-2017-02263 Date: August 22, 2018
Attached is: See Section below
INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A
PROFFERED PERMIT (Standard Permit or Letter of permission) B
PERMIT DENIAL C
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://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
x 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.
x 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 II 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
x 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.
x 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.
x 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.
x 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 district engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
2017-00263
CESAW-RG-A «Permit_No»
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.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
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 already in the administrative record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
appeal process you may contact:
District Engineer, Wilmington Regulatory Division, Attn.:
Amanda Jones
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
828-271-7980, ext. 4232
If you only have questions regarding the appeal process you may
also contact:
Mr. Jason Steele, Administrative Appeal Review Officer
CESAD-PDO
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
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.
________________________________________
Signature of appellant or agent.
Date: Telephone number:
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn.: Amanda Jones, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative
Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone]
2017-02263
CESAW-RG-A «Permit_No»
PRELIMINARYJURISDICTIONAL DETERMINATION (JD)FORM
U.S. Army Corps of Engineers
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FORPRELIMINARY JD:August 22, 2018
B.NAMEAND ADDRESS OF PERSON REQUESTINGPRELIMINARYJD:
JD Land Holding, LLC / Attn: Jonathan Dworin
1701 16th St. NW, Apt. 507
Washington D.C., 20009
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
CESAW-RG-A, SAW-2017-02263,
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
The site is located at the end of Blalock Avenue, in Asheville, NC.
State:NC County/parish/borough: Buncombe City: Asheville
Center coordinates of site (lat/long in degree decimal format): 35.569685 -82.52421
Universal Transverse Mercator:N/A
Nameofnearestwaterbody:UT to Swannanoa River
E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
Office (Desk) Determination. Date:August 22, 2018
FieldDetermination. Date(s):
Use the table below to document aquatic resources and/or aquatic resources at different sites
TABLE OFAQUATIC RESOURCES INREVIEWAREA WHICH"MAY BE"SUBJECT TO REGULATORY
JURISDICTION
Site
Number
Centered Coordinates
(decimal degrees)
Latitude Longitude
Estimated Amount
of Aquatic Resource
in R eview Area
(linear feet or acre)
Type of Aquatic
Resources
Geographic
Authority to Which
Aquatic Resource
“May Be” Subject
W01 35.569513 -82.524510 0.045 ac Wetland
Non-wetland Waters
Section 404
Section 10/404
W02 35.569356 -82.524460 0.021 ac Wetland
Non-wetland Waters
Section 404
Section 10/404
W03 35.568758 -82.524260 0.10 ac Wetland
Non-wetland Waters
Section 404
Section 10/404
S01 35.568946 -82.524466 403.5 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
S02 35.570020 -82.524448 345.9 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
S01a 35.568846 -82.524453 57.8 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
S01b 35.568763 -82.524244 17.4 lf Wetland
Non-wetland Waters
Section 404
Section 10/404
Wetland
Non-wetland Waters
Section 404
Section 10/404
2017-02263
CESAW-RG-A «Permit_No»
Wetland
Non-wetland Waters
Section 404
Section 10/404
Wetland
Non-wetland Waters
Section 404
Section 10/404
1. The Corps of Engineers believes that there may bejurisdictional aquatic resources in the review
area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an
approved JD (AJD) for that review area based on an informed decision after having discussed the
various types of JDs and their characteristics and circumstances when they may be appropriate.
2. Inany circumstance where a permit applicant obtains an individual permit, or a Nationwide General
Permit (NWP) or other general permit verification requiring "pre-construction notification" (PCN),
or requests verification for a non-reporting NWP or other general permit, and the permit applicant
has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the
permit applicant has elected to seek a permit authorization based on a PJD,which does not make
an official determination of jurisdictional aquatic resources; (2) the applicant has the option to
request an AJD before accepting the terms and conditions of the permit authorization, and that
basing a permit authorization on an AJD could possibly result in less compensatory mitigation
being required or different special conditions; (3) the applicant has the right to request an individual
permit rather than accepting the terms and conditions of the NWP or other general permit
authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with
all the terms and conditions of that permit, including whatever mitigation requirements the Corps
has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit
authorization without requesting an AJD constitutes the applicant's acceptance of the use of the
PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or
undertaking any activity in reliance on any form of Corps permit authorization based on a PJD
constitutes agreement that all aquatic resources inthe review area affected in any way by that
activity will betreated asjurisdictional, and waives any challenge to such jurisdiction in any
administrative orjudicial compliance or enforcement action, or in any administrative appeal or in
any Federal court; and (7)whether the applicant elects to use either an AJD or a PJD, the JD will
be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively appealed
pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to
make an official determination whether geographic jurisdiction exists over aquatic resources in the
review area, or to provide an official delineation of jurisdictional aquatic resources inthe review
area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD
finds that there "may be"waters of the U.S. and/or that there "may be"navigable waters of the U.S.
on the subject review area, and identifies all aquatic features inthe review area that could be
affected by the proposed activity, based on the following information:
SUPPORTING DATA
Data reviewed for preliminary JD (check all that apply) -Checked items should be included in subject file.
Appropriately reference sources below where indicated for all checked items:
Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester:
Data sheets prepared/submitted by or on behalf of preliminary JD requester.
Office concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report. Rational:
Data sheets prepared by the Corps:
Corps navigable waters’ study:
U.S. Geological Survey (USGS) Hydrologic Atlas:
USGS NHD data.
USGS 8 and 12 digit HUC maps.
USGS map(s). Cite scale & quad name:Asheville.
2017-02263
CESAW-RG-A «Permit_No»
Natural Resources Conservation Service (NRCS) Soil Survey.
Citation:Buncombe County, NC
National wetlands inventory (NWI) map(s). Cite name:
State/Local wetland inventory map(s):
Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps:
100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: Aerial (Name & Date):
or Other (Name & Date):
Previous determination(s). File no. and date of response letter:
Applicable/supporting scientific literature:
Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should
not be relied upon for later jurisdictional determinations.
Amanda Jones, August 22, 2018
Signature and date of Regulatory s t a f f
member completing preliminary
JD
JD Land Holding, LLC / Attn: Jonathan Dworin
Signature and date of person requesting preliminary JD
(REQUIRED, unless obtaining the signature is
impracticable)
Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record and
return a signed copy to the Asheville Regulatory Field Office by mail or e-mail.
US Army Corps of Engineers-Wilmington District
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, NC 28801-5006
______________________________________________________________________________________
1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the
district may presume concurrence and no additional follow up is necessary prior to finalizing an action.
2017-02263
FUEMMELER.AMAND
A.JONES.1242835090
Digitally signed by
FUEMMELER.AMANDA.JONES.1242835090
DN: c=US, o=U.S. Government, ou=DoD, ou=PKI,
ou=USA,
cn=FUEMMELER.AMANDA.JONES.1242835090
Date: 2018.08.22 13:04:22 -04'00'