20190560 Ver 1_401 Application_20190426

Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#*
20190560
Version* 1
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Andrew Moore:eads\awmoore3
Select Reviewing Office:* Asheville Regional Office - [phone]
Submittal Type:*
401 Application
Does this project require a request for payment to be sent?*
r
Yes
r
No
How much is r $240.00
*
owed? r $570.00

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Anna Priest
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: Bradley Creek Reservoir
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Henderson
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
940 Bradley Creek Reservoir PCN package.pdf 5.05MB
Only pdf or lqm files are accepted.
Describe the attachments:
V By checking the box and signing box below, I certify that:
• I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the
"Uniform Electronic Transactions Act")
o I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes

(the "Uniform Electronic Transactions Act');
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
I intend to electronically sign and submit the online form."
Signature:
Submittal Date: Is filled inautonatically.

CLearWater
C1earWater Environmental Consultants, Inc.
wwvw cwenv com
April 23, 2019
David Brown Karen Higgins
US Army Corps of Engineers NC DEQ, Division of Water Quality
Asheville Regulatory Field Office 1617 Mail Service Center
151 Patton Avenue, Room 208 Raleigh, NC 27699-1617
Asheville, North Carolina 28801-2638
RE: Bradley Creek Reservoir Dredging
Nationwide Permit 3, 33, and 39 Application
Henderson County, North Carolina
Dear Mr. Brown and Ms. Higgins:
The attached Pre -Construction Notification (PCN) is being submitted on behalf of property
leaseholder: City of Hendersonville. The project site is located on the USFS North Mills
River Recreation Area of Pisgah National Forest off North Mills River Road. The applicant
is seeking a Nationwide Permit 3, 33, and 39 for the dredging and maintenance of small
reservoir used for municipal water supply for the City of Hendersonville.
Should you have any questions regarding the attached PCN and supplemental information
please do not hesitate to contact me at 828-698-9800. A copy of this application has been
sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Byron Hamstead
of the US Fish and Wildlife Service for review. A courtesy copy of this application has
also been sent to Kevin Mitchell at the NC Division of Water Resources Asheville Regional
Office.
Respectfully,
Anna Priest, P.W.S.
Project Manager
Copy Furnished:
NC Wildlife Resources Commission — Andrea Leslie
US Fish and Wildlife — Byron Hamstead
NC Division of Water Resources — Kevin Mitchell
32 Clayton Street
Asheville, NC 28801
828-698-9800 Tel
I
R. �Cl en Riddle, P.W.S.
Principal

Preliminary ORM Data Entry Fields for New Actions
ACTION ID #: SAW- Begin Date (Date Received):
Prepare file folder Assign Action ID Number in ORM
1.Project Name [PCN Form A2a]:
2. Work Type:Private Institutional Government Commercial
3. Project Description / Purpose [PCN Form B3d and B3e]:
4. Property Owner / Applicant [PCN Form A3 or A4]:
5. Agent / Consultant [PNC Form A5 – or ORM Consultant ID Number]:
6.Related Action ID Number(s) [PCN Form B5b]:
7.Project Location – Coordinates, Street Address, and/or Location Description [PCN Form B1b]:
8.Project Location – Tax Parcel ID [PCN Form B1a]:
9.Project Location – County [PCN Form A2b]:
10.Project Location – Nearest Municipality or Town [PCN Form A2c]:
11.Project Information – Nearest Waterbody [PCN Form B2a]:
12.Watershed / 8-Digit Hydrologic Unit Code [PCN Form B2c]:
Authorization: Section 10 Section 404 Section 10 and 404
Regulatory Action Type:
Pre-Application Request
Unauthorized Activity
Compliance
Standard Permit
Nationwide Permit # 3, 33, 39
Regional General Permit #
Jurisdictional Determination Request No Permit Required
Revised 20150602
CLParWaLer
Department of the Army
Wilmington District, Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Sheet
Raleigh, North Carolina 27604
I, the current landowner/managing partner of the property identified below, hereby authorize
C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the
processing of jurisdictional determination requests and permits to impact Wetlands and Water of
the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10
of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as
needed at the request of the USACE or DWR.
Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers
to enter upon the property herein described for the purposes of conducting onsite investigations and
issuing a determination associated with Wetlands and Waters of the US subject to Federal
j urisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors
Act of 1899.
Lewe-hbldw-
Fielgeit�'�
"�
q-6�er►e�rof Record: Lily (9�CmcterSowv# lie.
�Le tdw m 5 Fi�ln Ave Fmk
�ert��RerAddress:
k4ers-,*ive tle ,UG aS74*P--
Phone Number: M22) a?j3 `31AM
Email address: �Coy�yyIVIC.9t3V
v
Property Location: aes"vo,"r Pos q� AhhbmAl FoMR-
Owner/Managing partner Signature:
Owner/Managing printed name: {'
Date:
32 Clayton Street
Asheville, NC 28801
Phone: [phone]
www.ctvenv.com

Henderson County, NC Tax Parcel Report Thursday, March 28, 2019
WARNING: THIS IS NOT A SURVEY
Parcel Information
REID:9933757 Pin:9612258290
Listed to:PISGAH NATIONAL FOREST Neighborhood:NO FIRE DISTRICT
Mailing Address:RESEARCH ADDRESS Township:
Mailing City, State, Zip:, Municipality:
Physical Address:5119 N MILLS RIVER RD Tax District:
Deed:00001A/00127 Plat:Not Available
Date Recorded:1988-05-19 00:02:00.0 Elementary School District:MILLS RIVER
Revenue Stamps:0 Middle School District:RUGBY MIDDLE
County Zoning:R3,R4,Cities High School District:WEST HIGH
Property Description:PISGAH NATIONAL FOREST Soil:Chestnut-Edneyville complex, 50
to 95 percent slopes, very stony
Map Sheet:9612.00 Voting Precinct:
Assessed Acreage:18224.79000000 Commissioner District
Building Value:$0.00 Agricultural District None Found
Land Value:$45,562,000.00 North Carolina House District
Value To Be Billed:$45,562,000.00 U.S. House District
North Carolina Senate District
Henderson County
Geographic Information Systems (GIS)
200 North Grove Street
Hendersonville, NC 28792
P: [phone]
F: [phone]
WARNING: THIS IS NOT A SURVEY.
All information or data provided (whether subscribed, purchased or otherwise distributed) is provided as is, without any
warranties, including the warranties of merchantability or of fitness for a particular purpose. Henderson County and its
employees make no warranties or guarantees, either express or implied. Use of the information or data subscribed,
purchased or otherwise distributed, whether in hard copy or digital media, shall be at the user's own risk.
Page 1 of 10
PCN Form – Version 1.4 January 2009
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: 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 Non-404 Jurisdictional General Permit
401 Water Quality Certification – Express Riparian Buffer Authorization
1e. 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 in-lieu 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 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:
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.
3c. Responsible Party (for LLC if
applicable):
3d. Street address:
3e. City, state, zip:
3f. Telephone no.:
3g. Fax no.:
3h. Email address:
Bradley Creek
Henderson
Mills River
USFS North Mills River Recreation Area
n/a
US Forest Service - Pisgah National Forest
1A/127
n/a
5119 N Mills River Rd
310-432-5407
n/a
n/a
3, 33, 39
Page 2 of 10
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:
5. 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:
John F. Connet
City of Hendersonville
145 Fifth Ave East
Hendersonville, NC 28792
828-233-3201
[e-mail]
Mr. Clement Riddle
ClearWater Environmental Consultants, Inc.
32 Clayton St
Asheville, NC 28801
828-698-9800
n/a
[e-mail]
Page 3 of 10
PCN Form – Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
1b. Site coordinates (in decimal degrees): Latitude: Longitude:
1c. Property size: acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
2b. Water Quality Classification of nearest receiving water:
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:
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:
3d. Explain the purpose of the proposed project:
3e. Describe the overall project in detail, including the type of equipment to be used:
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all 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):
Agency/Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
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.
6. Future Project Plans
6a. Is this a phased project? Yes No
6b. If yes, explain.
N/A
-82.671356
4
Bradley Creek
WS-I; ORW
French Broad 06010105
The Bradley Creek Reservoir is located within Pisgah National Forest and is a concrete dam with an upstream reservoir with a water intake for a raw
water source for the City of Hendersonville's water treatment facility located in Mills River, NC. The reservoir was constructed in 1927. Please refer to
Figures and Photographs attached.
0.22
See supplemental information.
See supplemental information.
See supplemental information.
35.372228
1,096
See attached PJD in Appendix A.
Page 4 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 proposed 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
W2
W3
W4
W5
W6
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
S2
S3
S4
S5
S6
3h. Total stream and tributary impacts
3i. Comments:
Choose one
Choose one Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Yes/No -
Relocation Bradley Creek PER Corps 15 290
290
S1 represents temporary channel diversion of Bradley Creek.
-
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
Choose one
T
-
-
-
-
-
Choose one
Choose one
Choose one
Choose one
Choose one
-
-
-
-
-
-
-
-
-
-
Page 5 of 10
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)
O1
O2
O3
O4
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e.
Upland
(acres)
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
Flooded Filled Excavated Flooded Filled Excavated
P1
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 buffer, 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
B2
B3
B4
B5
B6
6h.Total Buffer Impacts:
6i. Comments:
Bradley Creek Reservoir Drainage Other 0.12
Bradley Creek Reservoir 0.03
0.15
O1 represents temporary dewatering of the reservoir.O2 represents dredging of approximately 150 cubic yards of material from
area surrounding the water intake structure within the reservoir.
Choose one
Yes/No
T
P
-
-
Dredging
Choose one
Choose one
Other
Choose
Choose
Choose one
-
-
-
-
-
-
Yes/No
Yes/No
Yes/No
Yes/No
Yes/No
)
Page 6 of 10
PCN Form – Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
1b. 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 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 if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type:
Type:
Type:
Quantity:
Quantity:
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:
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:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Temporarily diverting Bradley Creek into an adjacent and established channel will allow dredging work to be completed minimizing turbidity into
downstream reaches of Bradley Creek. Additionally, heavy machinery access for dredging work will avoid adjacent wetlands from impacts.
All construction impacts will be temporary with the exception of dredging. Bradley Creek will be diverted using jersey barriers lined with heavy plastic
sheeting. This will allow dredging work to have minimal sediment discharge into the downstream reaches of Bradley Creek. Heavy machinery access
for dredging work has been designed to avoid adjacent wetlands.
Choose one
Choose one
Choose one
Choose one
Page 7 of 10
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) – required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation? Yes 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 10
PCN Form – Version 1.4 January 2009
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
within one of the NC Riparian Buffer Protection Rules? Yes No
1b. 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 Management Plan?
3. Certified Local Government Stormwater Review
3a. In which local government’s jurisdiction is this project?
3b. Which of the following locally-implemented stormwater management programs
apply (check all that apply):
Phase II
NSW
USMP
Water Supply Watershed
Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
4. DWQ Stormwater Program Review
4a. Which of the following state-implemented stormwater management programs apply
(check all that apply):
Coastal counties
HQW
ORW
Session Law 2006-246
Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached? Yes No
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
0
The project will have no permanent impervious impacts.
N/A
Page 9 of 10
PCN Form – Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
use of public (federal/state) land? Yes No
1b. 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
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
Yes No
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
letter.)
Comments:
Yes No
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,
or Riparian Buffer Rules (15A NCAC 2B .0200)?
Yes No
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
additional development, which could impact nearby downstream water quality? Yes No
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.
This maintenance project would not result in additional impacts that could impact nearby downstream water quality.
This project will not generate wastewater.
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 Q 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 Supplemental Information.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat? ❑ Yes Q No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
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 properties 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?
National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO). It is the opinion of GEC, that the
proposed project is not likely to threaten the integrity of nearby historically regulated sites as they occur >1 mile from the project site.
S. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain? ❑ Yes X❑ No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination?
NC Floodplain Mapping Program. Map panel 3700868000 (effective October 2, 2008).
R. c-1e,u',t R: Jule- 112 3 9
Applicant/Agent's Printed Name pp Icant/Agent's Signature Date
(Agent's signature is valid only if an authorization
letter from the applicant isprovided.)
Page 10 of 10

Page 1

Supplemental Information

Section B. Project Information and Prior Project History
3. Project Description
3d. Explain the purpose of the proposed project:
Bradley Creek Reservoir is a concrete dam with an upstream reservoir located within Pisgah
National Forest and is used as a source of raw water for the City’s water treatment facility located
in Mills River, NC. The City of Hendersonville currently has a Special Use Permit (see Appendix
A) with the National Forest Service to operate the reservoir until 2032. The City is requesting
approval to conduct maintenance dredging and gate valve repairs for the existing reservoir and
intake facility. Bradley Creek Reservoir provides water supply for more than 65,000 residents and
businesses.
Maximizing the capacity of the reservoir reduces suspended solids at the intake screens and allows
the City to continue to provide high quality potable water to the public. The higher quality and
less suspended solids reduce the treatment costs required at the water treatment plant.
Based on conversations with staff representing the City of Hendersonville, if the water intake pipe
is not maintained with the next 12 months, the damages incurred to the water intake infrastructure
would require significant restoration work to clean the water intake pipe of sediment deposits.
Additionally, the resources required to treat the water at the water treatment facility would continue
to increase if proper maintenance of the water intake pipe is not permitted.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project will encompass dredging of excess sediment to be removed from reservoir thus
increasing the water storage capacity behind the dam. This reservoir was last dredged in
approximately 1994 or 1995.
Plastic barriers filled with water, plastic sheeting, and sand bags will be installed to divert the
Bradley Creek to an upstream diversion channel as indicated on Figure 4. The bypass channel is
believed to be the original stream bed prior to the construction of the concrete dam. The bypass
channel has been used multiple times in the past when dredging has been allowed, (see the Permit
Dredging Impact Plan from 1994 – Attachment B). Upon approval, the bypass channel entry point
will be opened using a medium-sized, long reach excavator.
Once water is diverted to the bypass channel, a mechanical pump will be used empty the reservoir.
The water will be pumped below the dam. During removal of water from the reservoir, the water
pumped will be sent through a geo-textile filter bag to maintain low levels of turbidity. The
pumping system will also include a screen to prevent aquatic life from being harmed. The intake
velocity of the temporary pump shall be less than 1 foot per second. This pump will also be used
to maintain low levels of water in the reservoir during dredging. Remaining aquatic life will be
relocated using nets and buckets to an area immediately upstream of the project area. Once the
Page 2

water is drained and the aquatic life is safely removed and relocated the dredging operation will
begin. The pump will continue to run, as necessary, during dredging operations to keep reservoir
dry.
The dredging work will be conducted with the same excavator mentioned above. The excavator
will dredge the reservoir to a depth of approximately 4-8 feet. The excavator will unload the
material into a dump truck using one motion. The dredged material will then be hauled offsite in
a dump truck to a contained upland location adjacent to the City of Hendersonville Water
Treatment Facility located at 145 Fifth Avenue East, Hendersonville, North Carolina.
The upland project boundary will utilize silt fencing to minimize sediment runoff from the
excavator tracks into nearby streams and wetlands.
The drain valve for the dam has not been used for years and will be inspected upon draw down.
The City will have an engineer on-site during the dewatering process to immediately inspect the
condition of the existing gate valve and will oversee maintenance if needed.
The time period required to complete this project is approximately 30 days.
 10 days for mobilization and site preparation.
 5-10 days of dredging operations including valve maintenance.
 5-10 days for de-mobilization.
Mobilization for the project is being proposed to commence in July or August 2019.
Volume or amount of excess sediment to be removed is approximately 150 cubic yards.
A temporary parking/staging area will be required for both the dump truck and the excavator for
transporting for final disposal. These areas are existing road beds with packed soil and gravel.
Additional stone (3-inch ballast) will be placed on the existing road between the parking/staging
area as necessary to ensure stability. Dredging activities and will not impact stream, wetlands, or
natural vegetation.

5. Project History
5b. Have permits or certification been requested or obtained for this project (including all prior
phases) in the past? If yes, explain in detail according to the “help file” instructions.
The table below summarizes previously permitted impacts on-site:

Date Action ID Number Action
March 3, 1994 199400871
US Army Corps of Engineers permit approval
to construct a diversion channel and dredge
approximately 150 cubic yards of sediment
from Bradley Creek Reservoir. See Appendix
B.

Page 3

5d. FWS county data and Natural Heritage Program GIS data. Additionally, CEC consulted the
FWS's "Northern Long-Eared Bat Consultation Areas" map for Henderson County. The project is
not located within an area with any known occurrences of hibernacula or maternity sites.
Additionally, the area was tested for Hellbender DNA by sampling the Bradey Creek Reservoir
water by the US Forest Service. The test provided negative results indicating that Hellbenders are
not likely present in the immediate vicinity.
^_^_
Bradley Creek Reservoir
Ü
0 5,000 10,0002,500 Feet
32 Clayton StreetAsheville, North Carolina 28801
Vicinity Map Figure 1Henderson County,North Carolina
Drawn by: APP 11.26.18; CEC Project# 940
ApproximateSite Location
^_^_
Pisgah Forest
Dunsmore Mountain
Bradley Creek Reservoir
Ü
0 4,000 8,0002,000 Feet
32 Clayton StreetAsheville, North Carolina 28801
USGS Map Pisgah Forest and Dunsmore Mountain QuadranglesFigure 2
Henderson County,North Carolina
Drawn by: APP 11.26.18; CEC Project# 940
ApproximateSite Location
W2
S
3
S1

(
B
r
a
d
l
e
y

C
r
e
e
k
)S2S4TsE
PoG
ArG AhG
OW1W1
Bradley Creek Reservoir
Ü
0 10050Feet
32 Clayton StreetAsheville, North Carolina 28801
Soils Map Figure 3Henderson County,North Carolina
Drawn by: APP 11.26.18; CEC Project# 940
Legend
Stream
Approximate Stream (Not Delineated)
Staging Area
Approximate Reservoir +/- 0.12 AC
Wetland +/- 0.02 AC
Henderson County Soil Types
Bradley Creek Reservoir
Ü
0 100 20050Feet
Legend
Forest Road
Stream
Potentially Non-Jurisdictional Channel +/- 11 LF
Approximate Dredging Area
Staging Area
Approximate Reservoir
Wetland
Linear Wetland
Delineation Boundary
2' Contours
32 Clayton StreetAsheville, North Carolina 28801
Impact MapFigure 4
Henderson County,North Carolina
Drawn by: APP 04.23.2019; CEC Project# 940
S1 - Temporary Impact Dewatering
S1 - Temporary Impact Dewatering
O1 - Temporary Impact Dewatering
O2 - Permanent Impact Dredging
Temporary BarriersSee details - Figure 6 S1 290 O1 0.12O20.03Total LF: 290 Total Acres: 0.15
Impact AreasStream (LF)Open Water (AC)
Bradley Creek Reservoir
Ü
0 2,000 4,0001,000 Feet
Legend
100-Year Flood Zone
32 Clayton StreetAsheville, North Carolina 28801
FEMA Floodplain MapPanel 3700869000(effective October 2, 2008)Figure 5
Henderson County,North Carolina
Drawn by: APP 04.23.2019; CEC Project# 940
Approximate Site Location
BRADLEY CREEK
TEMPORARY DIVERSION DAMCity of Hendersonville Engineering Department
305 Williams Street
Hendersonville, NC 28792
[phone] (office)
www.cityofhendersonville.orgP:\projects\2017\170010 - Bradley Creek Reservoir Dredging\infrastructure\CAD\ACAD-Bradley Creek Reservoir.dwg, 11/26/2018 9:43:01 AM, AutoCAD PDF (General Documentation).pc3Figure 6
Appendix A

US Forest Service
Email Authorization and Special Use Permit
October 30, 2012

1
Clement Riddle
From:Aiken, Linda - FS <[e-mail]>
Sent:Monday, April 15, 2019 3:46 PM
To:Clement Riddle
Cc:Steurer, Adam; Kirchner, Keith; Levi, Ricky
Subject:City of Hendersonville Dredging project
The proposed dredging project to be done at Bradley Creek reservoir located on the Pisgah National Forest will be 
authorized under the existing special use authorization PIS1021‐02.   

Linda Aiken 

Linda Aiken
Special Uses
Forest Service
Pisgah NF, Appalachian Ranger District
p: 828-689-9694 x111
f: 828-689-9762
[e-mail]
632 Manor Road Mars Hill, NC 28754 www.fs.fed.us

Caring for the land and serving people

This electronic message contains information generated by the USDA solely for the intended recipients. Any 
unauthorized interception of this message or the use or disclosure of the information it contains may violate the law and 
subject the violator to civil or criminal penalties. If you believe you have received this message in error, please notify the 
sender and delete the email immediately.  
Authorization ID: PIS1021-02
Contact 1D: PIS1021
Expiration Date: 12/3112032
Use Code: 922, 914
�1
NOV 1 4 2012
U.S. DEPARTMENT OF AGRICULTURE
FOREST SERVICE
SPECIAL USE PERMIT
FS -2700-X1(10109)
OMB No. 0596-OD82
Authority; FEDERAL LAND POLICY AND MGMTACT, AS AMENDED October 21, 1976
City of Hendersonville, of Water S§ewet' Facilitiq§ 145 Fifth Avenue East Hendersonville NC 26792 (hereinafler
"the holder") is authorized to use or occupy National Forest System lands in the Pisgah Ranger District of the National
Forests in North Carolina, subject to the terms and conditions of this special use permit (the permit).
This permit covers 16.66 acres or .03 miles In the, ("the permit area"), as shown on the map attached as Appendix A. This
permit Issued for the purpose of:
Reservoirs (2), Dams (2) and Pipeline for Municipal Water Supply, Henderson County,
TERMS AND CONDITIONS
I. GENERAL TERMS
A, AUTHORITY. This permit is issued pursuant to the Federal Land Policy and Mgmt Act, as amended October 21, 1976
and 36 CFR Part 251, Subpart B, as amended, and Is subject to their provisions.
B. AUTHORIZED OFFICER. The authorized officer is the Forest or Grassland Supervisor or a subordinate officer with
delegated authority.
G, TERM. This permit shall expire at midnight on 12/31/2032, approximately 20 years from the date of issuance.
D. RENEWAL. This permit is not renewable. Prior to expiration of this permit, the holder may apply for a new permit that
would renew the use and occupancy authorized by this permit. Applications for a new permit must be submitted at least 6
months prior to expiration of this permit, Renewal of the use and occupancy authorized by this permit shall be at the sale
discretlon of the authorized officer. At a minimum, before renewing the use and occupancy authorized by this permit, the
authorized officer shall require that (1) the use and occupancy to be authorized by the new permit is consistent with the
standards and guidelines in the applicable land management plan; (2) the type of use and occupancy to be authorized by
the new permit is the same as the type of use and occupancy authorized by this permit; and (3) the holder is in compliance
with all the terms of this permit. The authorized officer may prescribe new terms and conditions when a new permit is
issued,
E. AMENDMENT. This permit may be amended in whole or in part by the Forest Service when, at the discretion of the
authorized officer, such aetion is deemed necessary or desirable to incorporate new terms that may be required by law,
regulation, directive, the applicable forest land and resource management plan, or projects and activities implementing a
land management plan pursuant to 36 CFR Part 215.
F. COMPLIANCE WITH LAWS, REGULATIONS, AND OTHER LEGAL REQUIREMENTS. In exercising the rights and
privileges granted by this permit, the holder shall comply with all present and future federal laws and regulations and all
present and future state, county, and municipal laws, regulations, and other legal requirements that apply to the permit
area, to the extent they do not conflict with federal law, regulation, or policy. The Forest Service assumes no responsibility
for enforcing laws, regulations, and other legal requirements that fall under the jurisdiction of other governmental entities.
G. NON-EXCLUSIVE USE, The use or occupancy authorized by this permit is not exclusive, The Forest Service reserves
the right of access to the permit area, including a continuing right of physical entry to the permit area for inspection,
monitoring, or any other purpose consistent with any right or obligation of the United States under any law or regulation.
The Forest Service reserves the right to allow others to use the permit area in any way that is not inconsistent with the
holder's rights and privileges under this permit, after consultation with all parties involved. Except for any restrictions that
the holder and the authorized officer agree are necessary to protect the installation and operation of authorized temporary
improvements, the lands and waters covered by this permit shall remain open to the public for all lawful purposes.
H. ASSIGNABILITY. This permit is not assignable or transferable.

II. IMPROVEMENTS
A. LIMITATIONS ON USE. Nothing in this permit gives or implies permission to build or maintain any structure or facility
or to conduct any activity, unless specifically authorized by this permit. Any use not specifically authorized by this permit
must be proposed in accordance with 36 CFR 251.54. Approval of such a proposal through issuance of a new permit or
permit amendment is at the sole discretion of the authorized officer.
B. PLANS. All plans for development, layout, construction, reconstruction, or alteration of improvements in the permit
area, as well as revisions to those plans must be prepared by a professional engineer, architect, landscape architect, or
other qualified professional based on federal employment standards acceptable to the authorized officer. These plans and
plan revisions must have written approval from the authorized officer before they are implemented. The authorized officer
may require the holder to furnish as -built plans, maps, or surveys upon completion of the work.
B. CONSTRUCTION. Any construction authorized by this permit shall commence by N/A and shall be completed by N/A.
III. OPERATIONS.
A. PERIOD OF USE. Use or occupancy of the permit area shall be exercised at least 365 days each year.
B. CONDITION OF OPERATIONS. The holder shall maintain the authorized improvements and permit area to standards
of repair, orderliness, neatness, sanitation, and safety acceptable to the authorized officer and consistent with other
provisions of this permit. Standards are subject to periodic change by the authorized officer when deemed necessary to
meet statutory, regulatory, or policy requirements or to protect national forest resources. The holder shall comply with
inspection requirements deemed appropriate by the authorized officer.
C. INSPECTION BY THE FOREST SERVICE. The Forest Service shall monitor the holder's operations and reserves the
right to inspect the permit area and transmission facilities at any time for compliance with the terms of this permit. The
holder's obligations under this permit are not contingent upon any duty of the Forest Service to inspect the permit area or
transmission facilities. A failure by the Forest Service or other governmental officials to inspect is not a justification for
noncompliance with any of the terms and conditions of this permit.
IV. RIGHTS AND LIABILITIES
A. LEGAL EFFECT OF THE PERMIT. This permit, which is revocable and terminable, is not a contract or a lease, but
rather a federal license. The benefits and requirements conferred by this authorization are reviewable solely under the
procedures set forth in 36 CFR Part 251, Subpart C, and 5 U.S.C. 704. This permit does not constitute a contract for
purposes of the Contract Disputes Act, 41 U.S.C. 601. The permit is not real property, does not convey any interest in real
property, and may not be used as collateral for a loan.
B. VALID OUTSTANDING RIGHTS. This permit is subject to all valid outstanding rights. Valid outstanding rights include
those derived under mining and mineral leasing laws of the United States. The United States is not liable to the holder for
the exercise of any such right.
C. ABSENCE OF THIRD -PARTY BENEFICIARY RIGHTS. The parties to this permit do not intend to confer any rights on
any third party as a beneficiary under this permit.
D. SERVICES NOT PROVIDED. This permit does not provide for the furnishing of road or trail maintenance, water, fire
protection, search and rescue, or any other such service by a government agency, utility, association, or individual.
E. RISK OF LOSS. The holder assumes all risk of loss associated with use or occupancy of the permit area, including but
not limited to theft, vandalism, fire and any fire -fighting activities (including prescribed burns), avalanches, rising waters,
winds, falling limbs or trees, and other forces of nature. If authorized temporary improvements in the permit area are
destroyed or substantially damaged, the authorized officer shall conduct an analysis to determine whether the
improvements can be safely occupied in the future and whether rebuilding should be allowed. If rebuilding is not allowed,
the permit shall terminate.
F. DAMAGE TO UNITED STATES PROPERTY. The holder has an affirmative duty to protect from damage the land,
property, and other interests of the United States. Damage includes but is not limited to fire suppression costs, damage to
government-owned improvements covered by this permit, and all costs and damages associated with or resulting from the
release or threatened release of a hazardous material occurring during or as a result of activities of the holder or the
holder's heirs, assigns, agents, employees, contractors, or lessees on, or related to, the lands, property, and other

interests covered by this permit. For purposes of clause IV.F and section V, "hazardous material" shall mean (a) any
hazardous substance under section 101 (14) of the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA), 42 U.S.C. § 9601(14); (b) any pollutant or contaminant under section 101 (33) of CERCLA, 42 U.S.C. §
9601(33); (c) any petroleum product or its derivative, including fuel oil, and waste oils; and (d) any hazardous substance,
extremely hazardous substance, toxic substance, hazardous waste, ignitable, reactive or corrosive materials, pollutant,
contaminant, element, compound, mixture, solution or substance that may pose a present or potential hazard to human
health or the environment under any applicable environmental laws.
1. The holder shall avoid damaging or contaminating the environment, including but not limited to the
soil, vegetation (such as trees, shrubs, and grass), surface water, and groundwater, during the holder's
use or occupancy of the permit area. If the environment or any government property covered by this
permit becomes damaged during the holder's use or occupancy of the permit area, the holder shall
immediately repair the damage or replace the damaged items to the satisfaction of the authorized officer
and at no expense to the United States.
2. The holder shall be liable for all injury, loss, or damage, including fire suppression, prevention and
control of the spread of invasive species, or other costs in connection with rehabilitation or restoration of
natural resources associated with the use or occupancy authorized by this permit. Compensation shall
include but not be limited to the value of resources damaged or destroyed, the costs of restoration,
cleanup, or other mitigation, fire suppression or other types of abatement costs, and all administrative,
legal (including attorney's fees), and other costs. Such costs may be deducted from a performance bond
required under clause IV.I.
3. The holder shall be liable for damage caused by use of the holder or the holder's heirs, assigns,
agents, employees, contractors, or lessees to all roads and trails of the United States to the same extent
as provided under clause IV.F.1, except that liability shall not include reasonable and ordinary wear and
tear
G. HEALTH, SAFETY, AND ENVIRONMENTAL PROTECTION. The holder shall promptly abate as completely as
possible and in compliance with all applicable laws and regulations any activity or condition arising out of or relating to the
authorized use or occupancy that causes or threatens to cause a hazard to public health or the safety of the holder's
employees or agents or harm to the environment (including areas of vegetation or timber, fish or other wildlife populations,
their habitats, or any other natural resources). The holder shall prevent impacts to the environment and cultural resources
by implementing actions identified in the operating plan to prevent establishment and spread of invasive species. The
holder shall immediately notify the authorized officer of all serious accidents that occur in connection with such activities.
The responsibility to protect the health and safety of all persons affected by the use or occupancy authorized by this permit
is solely that of the holder. The Forest Service has no duty under the terms of this permit to inspect the permit area or
operations and activities of the holder for hazardous conditions or compliance with health and safety standards.
H. INDEMNIFICATION OF THE UNITED STATES. The holder shall indemnify, defend, and hold harmless the United
States for any costs, damages, claims, liabilities, and judgments arising from past, present, and future acts or omissions of
the holder in connection with the use or occupancy authorized by this permit. This indemnification provision includes but is
not limited to acts and omissions of the holder or the holder's heirs, assigns, agents, employees, contractors, or lessees in
connection with the use or occupancy authorized by this permit which result in (1) violations of any laws and regulations
which are now or which may in the future become applicable, and including but not limited to those environmental laws
listed in clause V.A of this permit; (2) judgments, claims, demands, penalties, or fees assessed against the United States;
(3) costs, expenses, and damages incurred by the United States; or (4) the release or threatened release of any solid
waste, hazardous waste, hazardous materials, pollutant, contaminant, oil in any form, or petroleum product into the
environment. The authorized officer may prescribe terms that allow the holder to replace, repair, restore, or otherwise
undertake necessary curative actions to mitigate damages in addition to or as an alternative to monetary indemnification.
V. RESOURCE PROTECTION
A. COMPLIANCE WITH ENVIRONMENTAL LAWS. The holder shall in connection with the use or occupancy authorized
by this permit comply with all applicable federal, state, and local environmental laws and regulations, including but not
limited to those established pursuant to the Resource. Conservation and Recovery Act, as amended, 42 U.S.C. 6901 et
seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., the Oil Pollution Act, as amended, 33
U.S.C. 2701 et seq., the Clean Air Act, as amended, 42 U.S.C. 7401 et seq., CERCLA, as amended, 42 U.S.C. 9601 et
seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601 et seq., the Federal Insecticide, Fungicide, and
Rodenticide Act, as amended, 7 U.S.C. 136 et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq.

B. VANDALISM. The holder shall take reasonable measures to prevent and discourage vandalism and disorderly conduct
and when necessary shall contact the appropriate law enforcement officer.
C. PESTICIDE USE. Pesticides may not be used outside of buildings to control undesirable woody and herbaceous
vegetation (including aquatic plants), insects, rodents, fish, and other pests and weeds without prior written approval from
the authorized officer. A request for approval of planned uses of pesticides shall be submitted annually by the holder on
the due date established by the authorized officer. The report shall cover a 12 -month period of planned use beginning 3
months after the reporting date. Information essential for review shall be provided in the form specified. Exceptions to this
schedule may be allowed, subject to emergency request and approval, only when unexpected outbreaks of pests or
weeds require control measures that were not anticipated at the time an annual report was submitted. Only those
materials registered by the U.S. Environmental Protection Agency for the specific purpose planned shall be considered for
use on National Forest System lands. Label instructions and all applicable laws and regulations shall be strictly followed in
the application of pesticides and disposal of excess materials and containers.
D. ARCHAEOLOGICAL -PALEONTOLOGICAL DISCOVERIES. The holder shall immediately notify the authorized officer
of all antiquities or other objects of historic or scientific interest, including but not limited to historic or prehistoric ruins,
fossils, or artifacts discovered in connection with the use and occupancy authorized by this permit. The holder shall leave
these discoveries intact and in place until directed otherwise by the authorized officer. Protective and mitigative measures
specified by the authorized officer shall be the responsibility of the holder.
E. NATIVE AMERICAN GRAVES PROTECTION AND REPATRIATION. In accordance with 25 U.S.C. 3002(d) and 43
CFR 10.4, if the holder inadvertently discovers human remains, funerary objects, sacred objects, or objects of cultural
patrimony on National Forest System lands, the holder shall immediately cease work in the area of the discovery and shall
make a reasonable effort to protect and secure the items. The holder shall immediately notify the authorized officer by
telephone of the discovery and shall follow up with written confirmation of the discovery. The activity that resulted in the
inadvertent discovery may not resume until 30 days after the authorized officer certifies receipt of the written confirmation,
if resumption of the activity is otherwise lawful, or at any time if a binding written agreement has been executed between
the Forest Service and the affiliated Indian tribes that adopts a recovery plan for the human remains and objects.
F. PROTECTION OF HABITAT OF THREATENED, ENDANGERED, AND SENSITIVE SPECIES. The location of sites
within the permit area needing special measures for protection of plants or animals listed as threatened or endangered
under the Endangered Species Act (ESA) of 1973, 16 U.S.C. 1531 et seq., as amended, or identified as sensitive or
otherwise requiring special protection by the Regional Forester under Forest Service Manual (FSM) 2670, pursuant to
consultation conducted under section 7 of the ESA, may be shown on the ground or on a separate map. The map shall be
attached to this permit as an appendix. The holder shall take any protective and mitigative measures specified by the
authorized officer. If protective and mitigative measures prove inadequate, if other sites within the permit area containing
threatened, endangered, or sensitive species or species otherwise requiring special protection are discovered, or if new
species are listed as threatened or endangered under the ESA or identified as sensitive or otherwise requiring special
protection by the Regional Forester under the FSM, the authorized officer may specify additional protective and mitigative
measures. Discovery of these sites by the holder or the Forest Service shall be promptly reported to the other party.
G. CONSENT TO STORE HAZARDOUS MATERIALS. The holder shall not store any hazardous materials at the site
without prior written approval from the authorized officer. This approval shall not be unreasonably withheld. If the
authorized officer provides approval, this permit shall include, or in the case of approval provided after this permit is
issued, shall be amended to include specific terms addressing the storage of hazardous materials, including the specific
type of materials to be stored, the volume, the type of storage, and a spill plan. Such terms shall be proposed by the
holder and are subject to approval by the authorized officer.
H. CLEANUP AND REMEDIATION
1. The holder shall immediately notify all appropriate response authorities, including the National Response Center and
the authorized officer or the authorized officer's designated representative, of any oil discharge or of the release of a
hazardous material in the permit area in an amount greater than or equal to its reportable quantity, in accordance with 33
CFR Part 153, Subpart B, and 40 CFR Part 302. For the purposes of this requirement, "oil" is as defined by section
311(a)(1) of the Clean Water Act, 33 U.S.C. 1321(a)(1). The holder shall immediately notify the authorized officer or the
authorized officer's designated representative of any release or threatened release of any hazardous material in or near
the permit area which may be harmful to public health or welfare or which may adversely affect natural resources on
federal lands.
2. Except with respect to any federally permitted release as that term is defined under Section 101 (10) of CERCLA, 42
U.S.C. 9601(10), the holder shall clean up or otherwise remediate any release, threat of release, or discharge of

hazardous materials that occurs either in the permit area or in connection with the holder's activities in the permit area,
regardless of whether those activities are authorized under this permit. The holder shall perform cleanup or remediation
immediately upon discovery of the release, threat of release, or discharge of hazardous materials. The holder shall
perform the cleanup or remediation to the satisfaction of the authorized officer and at no expense to the United States.
Upon revocation or termination of this permit, the holder shall deliver the site to the Forest Service free and clear of
contamination.
I. CERTIFICATION UPON REVOCATION OR TERMINATION. If the holder uses or stores hazardous materials at the
site, upon revocation or termination of this permit the holder shall provide the Forest Service with a report certified by a
professional or professionals acceptable to the Forest Service that the permit area is uncontaminated by the presence of
hazardous materials and that there has not been a release or discharge of hazardous materials upon the permit area, into
surface water at or near the permit area, or into groundwater below the permit area during the term of the permit. This
certification requirement may be waived by the authorized officer when the Forest Service determines that the risks posed
by the hazardous material are minimal. If a release or discharge has occurred, the professional or professionals shall
document and certify that the release or discharge has been fully remediated and that the permit area is in compliance
with all federal, state, and local laws and regulations.
VI. LAND USE FEE AND ACCOUNTING ISSUES
A. LAND USE FEES. The holder shall pay an initial annual land use fee of $ 4922.02 for the period from 01/01/2013 to
12/31/2013 and thereafter on yearly basis, shall pay an annual land use fee of $ 4922.02 . The annual land use fee shall
be adjusted annually using the Implicit Price Deflator -Gross National Product index (IPD-GNP), or other factor
selected by the Forest Service,
B. MODIFICATION OF THE LAND USE FEE. The land use fee may be revised whenever necessary to reflect the market
value of the authorized use or occupancy or when the fee system used to calculate the land use fee is modified or
replaced.
C. FEE PAYMENT ISSUES.
1. Creditingof f Pa ments. Payments shall be credited on the date received by the deposit facility, except that if a payment
is received on a non -workday, the payment shall not be credited until the next workday.
2. Disputed Fees. Fees are due and payable by the due date. Disputed fees must be paid in full. Adjustments will be made
if dictated by an administrative appeal decision, a court decision, or settlement terms.
3. Late Payments
(a) Interest. Pursuant to 31 U.S.C. 3717 et seq., interest shall be charged on any fee amount not paid within 30 days from
the date it became due. The rate of interest assessed shall be the higher of the Prompt Payment Act rate or the rate of the
current value of funds to the Treasury (i.e., the Treasury tax and loan account rate), as prescribed and published annually
or quarterly by the Secretary of the Treasury in the Federal Register and the Treasury Fiscal Requirements Manual
Bulletins. Interest on the principal shall accrue from the date the fee amount is due.
(b) Administrative Costs. If the account becomes delinquent, administrative costs to cover processing and handling the
delinquency shall be assessed.
(c) Penalties. A penalty of 6% per annum shall be assessed on the total amount that is more than 90 days delinquent and
shall accrue from the same date on which interest charges begin to accrue.
(d) Termination for Nonpayment. This permit shall terminate without the necessity of prior notice and opportunity to comply
when any permit fee payment is 90 calendar days from the due date in arrears. The holder shall remain responsible for the
delinquent fees.
4. Administrative Offset and Credit Reporting. Delinquent fees and other charges associated with the permit shall be
subject to all rights and remedies afforded the United States pursuant to 31 U.S.C. 3711 et seq. and common law.
Delinquencies are subject to any or all of the following:
(a) Administrative offset of payments due the holder from the Forest Service

(b) If in excess of 60 days, referral to the Department of the Treasury for appropriate collection action as provided by 31
U.S.C. 3711(g)(1).
(c) Offset by the Secretary of the Treasury of any amount due the holder, as provided by 31 U.S.C. 3720 et seq.
(d) Disclosure to consumer or commercial credit reporting agencies.
VII. REVOCATION, SUSPENSION, AND TERMINATION
A. REVOCATION AND SUSPENSION. The authorized officer may revoke or suspend this permit in whole or in part:
1. For noncompliance with federal, state, or local law.
2. For noncompliance with the terms of this permit.
3. For abandonment or other failure of the holder to exercise the privileges granted.
4. With the consent of the holder.
5. For specific and compelling reasons in the public interest.
Prior to revocation or suspension, other than immediate suspension under clause VI.B, the authorized officer shall give the
holder written notice of the grounds for revocation or suspension. In the case of revocation or suspension based on clause
VII.A.1, 2, or 3, the authorized officer shall give the holder a reasonable time, typically not to exceed 90 days, to cure any
noncompliance.
B. IMMEDIATE SUSPENSION. The authorized officer may immediately suspend this permit in whole or in part when
necessary to protect public health or safety or the environment. The suspension decision shall be in writing. The holder
may request an on-site review with the authorized officer's supervisor of the adverse conditions prompting the suspension.
The authorized officer's supervisor shall grant this request within 48 hours. Following the on-site review, the authorized
officer's supervisor shall promptly affirm, modify, or cancel the suspension.
C. APPEALS AND REMEDIES. Written decisions by the authorized officer relating to administration of this permit are
subject to administrative appeal pursuant to 36 CFR Part 251, Subpart C, as amended. Revocation or suspension of this
permit shall not give rise to any claim for damages by the holder against the Forest Service.
D. TERMINATION. This permit shall terminate when by its terms a fixed or agreed upon condition, event, or time occurs
without any action by the authorized officer. Examples include but are not limited to expiration of the permit by its terms on
a specified date and termination upon change of control of the business entity. Termination of this permit shall not require
notice, a decision document, or any environmental analysis or other documentation. Termination of this permit is not
subject to administrative appeal and shall not give rise to any claim for damages by the holder against the Forest Service.
E. RIGHTS AND RESPONSIBILITIES UPON REVOCATION OR TERMINATION WITHOUT RENEWAL. Upon
revocation or termination of this permit without renewal of the authorized use, the holder shall remove all structures and
improvements, except those owned by the United States, within a reasonable period prescribed by the authorized officer
and shall restore the site to the satisfaction of the authorized officer. If the holder fails to remove all structures and
improvements within the prescribed period, they shall become the property of the United States and may be sold,
destroyed, or otherwise disposed of without any liability to the United States. However, the holder shall remain liable for all
costs associated with their removal, including costs of sale and impoundment, cleanup, and restoration of the site.
VIII. MISCELLANEOUS PROVISIONS
A. MEMBERS OF CONGRESS. No member of or delegate to Congress or resident commissioner shall benefit from this
permit either directly or indirectly, except to the extent the authorized use provides a general benefit to a corporation.
B. CURRENT ADDRESSES. The holder and the Forest Service shall keep each other informed of current mailing
addresses, including those necessary for billing and payment of land use fees.

C. SUPERSEDED PERMIT. This permit supersedes a special use permit designated City of Hendersonville, PIS102101
dated 03/30/1992.
D. SUPERIOR CLAUSES. If there is a conflict between any of the preceding printed clauses and any of the following
clauses, the preceding printed clauses shall control.
E. DAM SAFETY.
1. Definitions. The following definitions apply to this clause:
Canal. A linear water conveyance structure of varying capacity that is usually lined and that is constructed to specified
engineering standards.
Dam. Any artificial barrier, including appurtenant works, that impounds or diverts water, either temporarily or long term, but
not including a facility that is 6 feet or less in height or that impounds no more than 15 acre feet of water, unless the facility
poses a significant hazard to occupied facilities, structures, recreation areas, or travel routes downstream.
Dam Failure. The catastrophic breakdown or breach of a dam characterized by the sudden, rapid, and uncontrolled
release of water.
Emergency Action Plan. A document that identifies potential emergency conditions at a dam and specifies preplanned
actions to be followed to minimize property damage and loss of life should a dam failure occur, including:
a. Actions the owner of the dam must take to moderate or alleviate problems at the dam;
b. Procedures and information regarding issuance of early warning and notification of an emergency to responsible
emergency management authorities; and
c. Inundation maps displaying critical areas for action by responsible emergency management authorities in case of an
emergency (see FEMA Publication 64).
2. Hazard Assessment Classification. A system that categorizes dams according to the severity of consequences resulting
from their failure or misoperation and that in no way reflects on their current condition (for example, their safety, structural
integrity, or flood routing capacity).
a. Low. A classification that includes dams whose failure, malfunction, or misoperation would result in no loss of human life
and minor damages limited to undeveloped or agricultural lands and for which significant improvements are not planned in
the foreseeable future.
b. Significant. A classification that includes dams whose failure, malfunction, or misoperation would result in no probable
loss of human life but could cause economic loss, disruption of lifeline facilities, or other significant impacts and dams
whose failure would result in non-recoverable damage.
c. High • A classification that includes dams whose failure, malfunction, or misoperation would likely result in loss of human
life.
3. Construction, Inspection, Certification and Project Files. The holder shall ensure that any construction, rehabilitation, or
modification of the authorized dam shall be inspected by a qualified engineer. At a minimum, the qualified engineer shall
maintain a daily inspection diary, descriptions of design changes, and records of construction material and foundation
tests for any construction, rehabilitation, or modification of the dam. Upon completion of the construction, rehabilitation,
modification, the holder shall provide to the authorized officer written certification from the qualified engineer that the work
was performed in accordance with the approved plans and specifications. No water shall be impounded without prior
written approval from the authorized officer. The holder shall maintain in a project file for the term of this permit all design
notes, as -built drawings, and documentation produced by the qualified engineer and shall make the project file available to
the Forest Service, other inspection personnel, and other Federal agencies authorized to review Forest Service activities.
4. Operating Plan. This clause supplements the standard operating plan clause in the permit. The operating plan for a new
dam shall be prepared during the design phase. At a minimum, the operating plan shall specify required operating
procedures; routine maintenance; record-keeping for operation and maintenance; and those responsible for implementing
the operating plan. When an operation and maintenance inspection of the dam is conducted, the operating plan shall be

reviewed and amended as needed by those responsible for implementing the operating plan and the qualified engineer
performing the inspection.
5. Emergency Action Plan. The holder shall prepare an emergency action plan (EAP). The EAP for new dams shall be
prepared during the design phase. The EAP and any revisions to the EAP must have prior written approval from the
authorized officer. At a minimum, the EAP shall include:
a. Actions to be taken upon discovery of an unsafe condition or impending dam failure to prevent, mitigate, or delay dam
failure.
b. Procedures for notification of law enforcement, civil preparedness, and Forest Service personnel of impending dam
failure.
c. Procedures for notifying persons in immediate danger of losing life or property due to dam failure.
d. Maps delineating the area that would be inundated by water or debris in the event of dam failure.
e. The names; home, office, and cellular telephone numbers; and email addresses of those responsible for implementing
the EAP.
In preparing the EAP, the holder shall consult and cooperate with appropriate law enforcement and civil preparedness
personnel responsible for implementing the EAP. The holder shall be responsible for all aspects of implementing the EAP,
including emergency coordination. The holder shall review the EAP annually and shall update it annually as necessary or
appropriate based on that review. The holder shall test the EAP at least every 5 years.
6. Inspection and Maintenance. The holder shall have operation and maintenance (O&M) inspections of the dam and
appurtenant structures conducted in accordance with the following table.
DAM INSPECTION
Hazard Assessment
Classification
Inspection Type
Inspection
Frequency
Level of Expertise
Required
LOW
O&M
10 years
Qualified Engineer
Hazard Assessment
10 years*
Qualified Engineer
Special
* *
Qualified Engineer
SIGNIFICANT
O&M
5 years
Qualified Engineer
Hazard Assessment
5 years*
Qualified Engineer
Special
* *
Qualified Engineer
HIGH
O&M
1 year
Qualified Engineer
Safety
5 year
Qualified Engineer
Special
* *
Qualified Engineer
" Perform hazard assessments more frequently if increased downstream development is observed.
** A special inspection must be performed by a qualified engineer.
k** A qualified engineer must review and approve in writing the annual O&M inspection reports for
dams with a high hazard assessment classification. At a minimum, the annual
Dn-site inspection must be completed by someone familiar with the operation of the dam.
O&M inspections shall be reviewed by a qualified engineer. Special inspections shall be performed by a qualified engineer
immediately after any dam has experienced an unusual event, such as a large flood, a first filling, an earthquake, or an act
of terrorism. All O&M inspections shall be documented in a report. Two copies of each inspection report shall be provided
to the authorized officer within 30 days of the date of inspection.
Repairs or operational changes recommended by the inspecting or reviewing engineer shall be made by the holder within
1 year from the date of inspection, unless a longer period is approved by the authorized officer in writing or a shorter
period is deemed required by the authorized officer for reasons of public safety. Upon request by the authorized officer,
the holder shall provide a plan outlining the methods and schedule for performing the repairs or operational changes and
shall notify the authorized officer when they are completed. The authorized officer shall specify a completion date for the

corrective work
7. Forest Service Inspection. The holder shall allow inspection of the authorized dam and appurtenant structures at any
time by the authorized officer or their representative. A copy of inspection reports prepared by the Forest Service shall be
provided to the holder. Inspections performed by the Forest Service do not relieve the holder from any liability for the dam
or of the responsibility of ensuring that inspections are conducted in accordance with paragraph 6 of this clause. Failure of
the Forest Service to inspect shall not constitute a violation of any duty of the United States or a defense to
noncompliance with any terms and conditions of this permit and shall not relieve the holder of any liability for damages in
the event of a dam failure.
8.Safety Evaluations. Beginning in [ ] and every 5 years thereafter, the holder shall have a dam safety evaluation
performed by a professional engineer certified in the State in which the authorized dam is located to verify the safety and
integrity of the dam and appurtenant structures. At a minimum, the dam safety evaluation shall include a detailed field
inspection of the dam and appurtenant structures and a review of all pertinent documents, such as investigation, design,
construction, instrumentation, operation, maintenance, and inspection records. The dam safety evaluation shall be based
on current accepted design criteria and practices. The holder shall provide 2 copies of the dam safety evaluation report,
stamped with the professional engineer's seal, to the authorized officer and Regional Engineer. Based on this report, the
authorized officer may require the holder to perform additional evaluations pursuant to standards deemed appropriate by
the authorized officer and may require rehabilitation or modification of the dam, as necessary or appropriate, within a
reasonable period.
9. Corrective Action. Any condition of the authorized improvements that adversely affects or that could adversely affect
operation of the authorized dam, safety of the dam or the public, or the surrounding lands and resources shall, upon
written notice from the authorized officer, be corrected or modified by the holder at the holder's expense. The authorized
officer shall specify a completion date for corrective work in the notice.
10. Forest Service's Right to Abate Emergencies. When the authorized officer determines that there is a danger of a
failure for any reason of the authorized dam, the Forest Service has the right to take any actions deemed necessary to
prevent or abate a dam failure, including lowering the level of impounded water by utilizing existing''structures or by
artificially breaching the dam. The United States shall not be liable to the holder for any loss or damage, including damage
to the dam or loss of value of impounded water, associated with actions taken by the Forest Service under this clause.
The holder shall indemnify, defend, and hold harmless the United States for all costs, including legal and court costs,
associated with the Forest Service's exercise of its rights under this clause, other than costs attributed to the negligence of
the United States or its officers, agents, or employees. Failure of the Forest Service to exercise its rights under this clause
shall not constitute a violation of any duty of the United States or a defense to noncompliance with any terms and
conditions of this permit and shall not relieve the holder of any liability for damages in the event of a dam failure.
11. Liability. The holder and the holder's successors, agents, and assigns shall have sole responsibility for the safety of
the authorized dam and appurtenant structures and any associated liability.
F. SIGNS (X29). Signs or advertising devices erected on National Forest System lands shall have prior approval by the
Forest Service as to location, design, size, color, and message. Erected signs shall be maintained or renewed as
necessary to neat and presentable standards, as determined by the Forest Service,
G. IMPROVEMENT RELOCATION (X33). This authorization is granted with the express understanding that should future
location of United States Government-owned improvements or road rights-of-way require the relocation of the holder's
improvements, such relocation will be done by, and at the expense of, the holder within a reasonable time as specified by
the authorized officer.

This permit is accepted subject to the conditions set out above.
HOLDER: City of Hendersonville
By: --
Bo Ferguson, City Manager
By:
(Holder Signature)
Date: / /12- —
U.S.
DEPARTMENT OF AGRICULTURE
Forest Service
By i4tix--) 1-n I
(Authorized Officer Signature)
Title: KRISTIN M. BAIL, Forest Supervisor
(Name and Title)
Date: / 0 "gn1
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond, to a
collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is
0596-0082. The time required to complete this information collection is estimated to average 1 hour per response, including the time for
reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the
collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national
origin, age, disability, and, where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic
information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all
prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC
20250-9410 or call toll free [phone] (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-
8339 (TDD) or [phone] (relay voice). USDA is an equal opportunity provider and employer.
The Privacy Act of 1974 (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552) govern the confidentiality to be provided for
information received by the Forest Service.

Annual Operating Plan
! Land Use
NUV 1 A 2012
Pisgah National Forest
City of Hendersonville
Name of Permit Holder
Authorized Permit Holder Contact
Name: Lee Smith Utilities Director
Address: 305 Williams Street
City; Hendersonville State. NO Zip Code: -28792
Phone: [phone] Fax: M28) 697-3074
Email; . Ismithadlyofhendersonyllle_orn^.
When signed by the Permit Halder and the District Ranger, this Operating Plan will become a
pant of the Special Use Permit. Forest Service approval is required before changes may be
made in the operations described in this plan. The Forest Service may require changes to the
Operating Plan when necessary to improve customer service, safety, protection of forest
resources, or to assist the Forest Service in meeting resource management objectives.
This operating Plan is in effect for the duration of the permit. A m ual review of this plan is
required. This Operating Plan is Rant of the pecial Use Permit.
Submitted by Date: / ° 1 7 %..�—
Approved by:
District
1
Date: Il/t//Z-

I. Contact Information
The permit holder shall provide a list of personnel and a point of contact information for supervisor
of maintenance crews that will be working on National Forest land. This list must be updated any
time during the year when there are personnel changes.
Contacts are:
Employee # Employee Name:
126878
Bell, Stephen
117024
Bond, Kell
114929
Brown, Rick
285082
Cornett, "Troy" Phillip
976765
Cunningham, Ralph
249492
Henson, Curtis
985720
Killou h, Beverl
830244
Kirchner, Keith
291648
Levi, Rick
934125
Norton, Gar
236483
Reid, Ronald
Note: This list of personnel is subject to change from time to time.
All of these individuals work at the City of Hendersonville Water Treatment Facility located at
4139 Haywood Road, Mills River, NC 28759. The main phone number for contacting these
individuals is [phone]. Individuals who work on distribution lines, raw water intake lines
will be employed or contracted by Hendersonville Water and Sewer, an enterprise department of the
City. Work on transmission lines will include a variety of field operations personnel. Individuals
responsible for these field operations personnel are Lee Smith (utilities director) — [phone],
Dennis Frady (assistant utilities director) — [phone], Ronald Reid (WTP superintendent) -
Cell phone — [phone] or Keith Kirchner (WTP maintenance supervisor) - CelI phone (828)
458-7903 or contact Ron or Keith at [phone] (WTP phone).
II. Maintenance
a. Notification
The permit holder will submit an annual schedule of work on National Forest at a minimum
3 months prior to any work performed on National Forest land. This schedule shall include
the location, proposed date and type of maintenance being conducted on the forest.
Maintenance on the road and distribution lines includes a variety of activities at different
times.
2

Trimming foliage out of the road rights-of-way is normally done in April — May time
frame annually..This task is accomplished using the flail mower to trim last summer's
growth on banks of the road. Weed -eating and mowing grass cutting will be done with
weed -eating trimmers and lawnmowers (both riding and push). Use of chain saws to
remove fallen trees, dead limbs and debris encroaching into roadways is a routine
activity. If culverts become clogged with debris preventing drainage (on access road),
the debris is removed as needed to prevent erosion of the road bed. The dams (North
Fork and Bradley) require maintenance in the form of tree removal from the overflow,
removal of accumulated debris at the screens, and valve repair/ replacement as required.
Some form of masonry work on the dams could be required from time to time. Bradley
Creek dam activities may require that the creek to be forded below the dam. Repair and
replacement work performed on the transmission lines inside the national forest,
supplying water to the City's water treatment plant, will require that heavy construction
equipment ford the surface waters at locations adjacent to said transmission lines, as may
be required. Transmission line rights-of-way maintenance will be performed once every
three to five years and will normally be conducted in the late fall after leaves have fallen
(not during hunting season) or during early spring prior to the onset of vegetative
growth. Equipment and tools to complete this task are much the same used in the right
of way on the Forest Service Roads. Components of the water line (pipe, nuts bolts, etc,)
will be removed from the area once the repair is made. Repairs to the area will be done
as outlined in this permit. Addition of stone to the road bed is done as needed. No wood
or articles found in the forest are removed during any of these activities.
b. Riparian Areas
Under no circumstances shall motorized vehicles or heavy equipment be utilized off existing
roads, within riparian areas or within the 100 foot buffer zones without prior approval from
the District Ranger.
c. Use of Roads and Trails
The permit holder will access utility corridor utilizing existing roads and trails. The use of
heavy equipment is prohibited unless authorized in advance by the District Ranger.
d. Use of Utility or All Terrain Vehicles
Prior approval by the District Ranger is required for the use of utility or all terrain vehicles
on areas other than system roads. The City of Hendersonville does employ the use of ATV's
in the carrying of tools, fuel and personnel in the maintenance of roads and dams.
III. Emergency Situations:
a. Notification
During emergency outages, repairs are allowed without the advance notification required
under Section Il (a) of the Operating Plan. Upon completion of repairs, the District Ranger
(828-877-3350) or the permit administrator Linda Randolph (828-682-6146) shall be

notified of such emergency repair work within 48 hours. All other work must be on
maintenance schedule submitted to the Forest Service each year.
b. Riparian Areas
If riparian areas need to be crossed to access location of outage, matting must be placed on
banks and bed of creels. All soil disturbances will be repaired and reseeded within 24 hours.
Upon notification and inspection, the Forest Service may require additional resource
protection measures. For purposes of this Plan, riparian areas are defined as any area within
100 feet from a live stream.
c. Use of Roads and Trails
During emergency outages, the permit holder will access utility corridors utilizing existing
roads and trails wherever possible. Advance approval for the use of heavy equipment is
authorized during this situation subject to the above notification requirements.
d. Use of Utility or All Terrain Vehicles
Advance approval for the use of utility or all terrain vehicles heavy is authorized to access
the power system during emergency outages, subject to the above notification requirements.
IV. Erosion Control
The permit holder shall be responsible for prevention and control of soil erosion and gullying on
lands covered by this authorization and adjacent thereto, resulting from the operation, maintenance
and termination of the authorized use. The permit holder shall so maintain permitted improvements
to avoid the accumulation of excessive heads of water and to avoid encroachment on streams. The
permit holder shall re -vegetate or otherwise stabilize all ground where the soil has been exposed or
disturbed as a result of the permit holder's maintenance, operation or termination of the authorized
use and shall construct and maintain necessary preventive measures to supplement the vegetation.
General guidelines for stabilization include:
(a) Seeding as using a mixture of 10-lbslacre annual rye grass and 20-lbslacre fungus free tall
fescue. A temporary cover crop will be established if there is a conflict in planting season. A
permanent cover crop will be established at the first approved time of planting,
(b) Completing all seeding, fertilizing and mulching within 30 days of maintenance during the
seeding season, unless drought conditions prevail.
(c) Using a seed mixture adapted to soil, climate and season. Mulching with straw tied down
with asphalt emulsion.
(d) Seed bare soils within 100 feet of riparian areas the same day as completion of soil
disturbance.
4

V. Water Usage by the City of Hendersonville
a. Water is used by the City of Hendersonville and checked daily by the City's water
treatment plant operators to monitor the total flow in the Mills River and its tributaries,
This information is taken from the USGS Sites for the Mills River, Davidson River and
French Broad River. It is recorded daily on the operations log at the water treatment
plant. During the summer, and under drought conditions when the flow is historically
low, the WTP personnel will physically check the flow over the dams at least once every
two weeks or more often if conditions deteriorate. At a flow of 70 cubic feet per second
(cfs), the physical monitoring activity will begin. At 40 cfs, the flow from the two dams
will be restricted or reduced. Normal combined usage from the two sources is 8 cfs, or
approximately 5 million gallons per day. When the flow is reduced per the numbers
listed above only 250,000 gallons to 500,000 gallons will flow from the two sources
through the pipes or 0.77 cfs maximum. This is to keep the water in the pipes fresh and
to allow any sediment being carried in the water to remain suspended as the water
continues to flow through the pipe to the water treatment plant.
5

Attachment B

US Army Corps of Engineers
Section 404 Permit for Dredging
March 3, 1994

OFFICERS
FRED H. NlEHOFF, JR.
MAYa
BARBARA YOLK
MAyM rW)-TkM
BARBARA W.rORTER
CRY CUS MM *VAAALMii1
CITY OF HENDERSONVILLE
"TAe City of Pow Seasons"
145 FwrF1 AYEf4ur EABT
HENDERSONVILLE, NORTH CAROLINA 28792
Mr. Ray Jackson, assistant District Ranger
Pisgah Ranger District
1001 Pisgah Highway
Pisgah Forest, N.C. 28768
Dear Mr. Jackson:
COMMIS5IONEU
OAN UmaRAW
BARBARA YOLK
}}ryy...L``n O5BORNE
March 15, 1994
Re: Bradley Creek Cleanout
Enclosed for your use, please find a copy of the Corps of Engineers
Permit for the referenced project.
We are preparing to begin the actual cleanout operation on April
18,1994. Work is proceeding on the clearing and grading of access roads
to both reservoirs at this time. We are planning to install the silt
fence and barrier at the Bradley disposal site during the week of April
11.
This schedule is subject to change if weather conditions are not
favorable during those times. We expect this work to take about five (5)
days. If this schedule is not acceptable, please let me know.
If you have any questions, feel free to contact me at [phone].
Sincerely,
Tom Kilpatrick, Director
Water and Sewer Department
CITY OF HENDERSONVILLE
CC: Col. George L. Cajigal
Mr. Steve Chapin
Project file

DEPARTMENT OF THE ARMY
011 WILMINGTON DlSTRI" CORPS Of ENGINEERS
eo. soot isooAO
w WILI1Ai1Vf3TOM, NOiiTH CAROLINA 284M -IM
wFEW manna Marcie 3, 1994
Regulatory Branch
Action ID. 199400671
City of Hendersonville
Water and Sewer Department
c/o Mr. Edward E. O'Neal
316 Fourth Avenue East
Hendersonville, North Carolina 29792
Dear Mr. O'Neal:
In accordance with the written request of February 5, 1993, and the
ensuing administrative record, enclosed is a permit to authorize the
construction of a rock diversion and the incidental discharge of excavated
material associated with dredging approximately 150 cubic yards of sediment
from the Bradley Creek intake reservoir in the Pisgah National Forest,
approximately B miles west of the Mills River Recreational Area parking lot,
in Henderson County, North Carolina.
If any change in the authorized work is required because of unforeseen or
altered conditions or for any other reason, the plans revised to show the
change must be sent promptly to this office. Such action is necessary as
revised planta must be reviewed and the permit modified.
Carefully read your permit. The general aad special conditions are
important. Your failure to comply with these conditions could result in a
violation of Federal law. Certain significant general conditions require
that:
a. You must complete construction before December 31, 1997.
b. You must notify this office in advance as to when you intend to
commence and complete work.
c. You must allow representatives from this office to make periodic
visits to your worksite as deemed necessary to assure compliance with permit
plans and conditions.

-2 -
The enclosed Notice of Authorization, MG Fond 4336, must be conspicuously
displayed at your worksite.
sincerely,
""4)
4
s S. Bradley
ef, Construction -operations
Division
Enclosures
Copy Furnished with enclosures.
NOAA, NOS, Coast and Geodetic Survey
Mapping and Charting Branch
SOures Data Unit, N/CG2211, Station 7350
1315 East-West Highway
Silver Spring, Maryland 20910-3233
Copies Furnished with special conditions and plans:
Ms. L. K. (Mike) Gantt
U.S. Fish and wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Larry Hardy
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
U.S. Environmental Protection
Agency -Region IV
Wetlands Section - Water Quality Branch
345 Courtland Street, N.E.
Atlanta, Georgia 30365
Mr. John Parker
Division of Coastal Management
North Carolina Department of
Environment, Health and
Natural Resources
Post Office Box 27667
Raleigh, North Carolina 27611-7687

DEPARTMENT OF THE ARMY PERMIT
City of Hendersonville
Water and Sewer Department
perinitt" 318 Fourth Avenue East
Hendersonville, Nortb Carolina 28792
pmtNO.Action ID. 199400871
CESAW-00-E
lelaiog Gffioe
N072- 7'110 term "you" and its derivatives, as used in this permit, masts the permittee or any future tranderee. The term
"this offiee" refers to the approprieft district or division office of the Corps of Rnrimers having jurisdiction over the permitted
activity or the approprfate official of that office acting under the authority of the commanding officer
You are authorised to perform work in accordance with the terms and conditions specified below.
Project Description:
To discharge excavated material associated with the excavation of approximately
150 cubic yards of sediment from the Bradley Creek intake reservoir (approximately
0.2 acre in size) in the Pisgah National Forest, located 8 miles west of the Mills
River Recreational Area parking lot, off a forest road, in accordance with enclosed
plans.
Prajeet lrooatlon:
Henderson County, North Carolina.
Permit Conditiom:
General Conditions:
L The time limit for complethas the work authorised suck ca December 31, 1997 . It
you fled that you need
more time to complete the authorised activity, submit your request for a time extension to this office for consideration at lent
one month before the above date is reached.
2. You must maintain the activity authorised by osis permit is good condition and in conformance with the termer and oondl-
dons of lisle pamlt You are not relined of this rsquirment if you ahead= the permitted activity, although you n*y moos
a rood faith transfer to a shied party in oompliaoce with General Condition 4 below. Should you wish to oesee to maintain
the authorised activity or should you desire to abandon It without a rood faith trander, you most obtain a modification of
this permit from this office, which may require restoration of the area,
8. ;t you discover any previously unknown historic or erehedogiod remains while secomplishinr the activity authorised by
this permit, you mut immediately notify this office of what you have found We will initiate the Federal and state coordinr-
tion required to determine if the remains warrant a recovery effort or if the site is eligible for luting In the National Register
of Historic Plans.
11100 POM 4721. New 0 EDITION Of Sep 02 18 osaos_ETE. (33 CFR 886 (Appmuft A))

eavi lou
you no the Property saachdated with a* powlt. Yen must obtain the signature of the sew owner in the apace provided
end a copy of the permit to this OMM to validets the transfer of this autlwrizatioo.
b. If a Co W*med watu gndtty o.sMeation has brm issued for sour pr�aei, sou moat comply with !be eo®aiaon..ireci$ea
is the oerdticatbn r< apeeial eond UM, to the permit. Foe you Caavanience. a copy of the eartiflcstlon is attached if it eon-
ta m SM& 00twition.
B. You moat allow repeauatad►ee Sam this office to laepect the authorized aeU tp at any time deemed neo wary to ensure
that It Is belag or his been axampiiahed is iccoedsnee with the ierhns and conditions of yaw permit.
Spedw Conditions:
See enclosed sheet.
FuethanInformadon: ..
L Coapsssi=d Antitoritim. You have been tuiborisW to undertake the activity dwaribed above pursuant to:
( ) Section 10 of the Rhvn and Harbors Act of 1899 (88 U.S.C. 405
( $ Section 404 of the Clean Water Act (38 U.B.C. 1844).
( ) Section 108 of the MArim Protection. Research and Smnctuarin Act of 197$ (SS U.B.C. 2413y
9. Limits of this autihorization.• _
a. This Perodt does not obviate the Head to obtain other Federal; state, orjocal authorisations required by haw.
b. This permit does not Brent any property rights of szdudve privileges.
c. This parmit does not authorize any hOury to the property or rights of otbers.
d. This pandt does not authorize interference with any ezisting w proposed Fedwai project.
S. Limits of Federal Liability. In kat* this permit, the Federal Government does not amahme say liability for the folioWiagr
L Damugm to the permitted Project or urea thereof ae a result of other permitted or unpermitted activities or from natural
Causes.
bx Damages to the permitted pra'eat or uses thereof a. a mmdt of Curreat or future activities undertaken by or on behalf
of the United States in the puh]td rota".
C. Damages to Pte. p}opwt9: or to other permitted or =permitted actimUse or strneturr caused by the activity
authorized by this pm=it.
d. Delp of eonstruedon defiidmoise anacdated with the permitted work.
2

e. Damage claims associated with coy future modification, suspension, or revocation of this permit.
4. Reliance on Apptiant's Data; The determination of this office that issuance of this permit is not contrary to the public
lnteteet was made in reliance on the information you provided.
6. Reevaluation of Paz Decision. This office may reevaluate its decision on this permit at any time the circummaness
warrant. Cie ametangr that could require a reevaluation include, but are not limited to, the following..
a. You [ail to comply with the terms and conditions of this penult.
b. The information provided by you in support of Your permit application proves to have been false, incomplete, or
Inaccurate (Bae 4 above),
e. Bipdfiant new information surfaces which this office did not confider is reaching tbs orlond public Interest decision.
Bush a reevaluation my result in a daterminaam that it is appropriate to use the suspandon, modiRwtion, and revocation
Procedures eautained In 88 CFR 885.7 or enforesment procedures such as !boss contained in 88 CFA 898.4 and 828.6. The
refese wW enforcement procedures provide for the bsuauee of an administrative order requiring You to damply vdth the terms
and oonditlons of your permit and for the initiation of I"d action where appropriste. You will be requited to pay for any
corrsctivs measures ordered by this office, and if you fag to comply with such directive, this office my in certain situations
(such as tb m specified in 88 CFR 509.170) accomplish the corrective measures by embed or allmumbe and hill you for the
cost,
G. Rztensioos. 000 nd condition 1 astablbhas a three limit for the completion of the activity authorised by ibis permit. Ualw
there are circnmrtanon requiring either a prompt completion of the authorised activity or a reevdustion of the public intwed
decision, the Corps will normally give favorable consideration to a request for an extension of tib time Amit.
Your signature below, Y permittee, indicates that you accept and agree to comply with the terms and conditions of thin permit.
CITY OF REt I SONVILLE
BY: 1 WALf�
Fpz;;ITTjm) f EDWARD E. 0 * NEAL (DATA) . .
rd to act for the Secretary of the Army, has signed below.
J
/-? A - f, "
IDA E)
When the structures or work authorised by this permit are still in ezidence at the time the property is trawfirred, the terms and
conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit
and the assoda"d liabilities associated with complianee with its terms and conditions, have the transferee sip and date below.
(TAUNSPEREE)
(DATE)
¢u.a sOW FUNNENTPPWrW6oFPM: hiss -71 40

SPECIAL CONDITIONS
I- An access point into the rs"rVOIT' should be selected is such a way as to
minimize destruction of vegetation around the periphery of the reservoir.
2. Ground cover with mulch should be established on disturbed soil areas
including the disposal site is order to control erosion. Silt fences should
be installed around the perimeter of the disposal site and the Site should not
extend beyond the tree line, pace project construction is complete, cleared
areas adjacent to the reservoir and creek are to be permanently vegetated with
native trees and shrubs. The only exception to this would be an accesgway
maintained by the city in order to provide future dredging access.
3. Dredging should not be performed between November 1 and
April 15 is order
to protect
spawning stages of trout from sadimann.
4. As soon as water is diverted into the side channel, workers should check
the "cut off" area for stranded trout. stranded trout should than be
encouraged to move downstream out of the area ar carefully captured and placed
in downstream waters. After project construction, the same process should be
undertaken once the rock diversion is removed.
5. Project work should be conducted so as to prevent significant increases in
turbidity outside the area of construction or construction related discharge.
Turbidity increases of 25 NTU's or less are not considered significant.
6. Zxcept for the rock diversion in Bradley Creek and ,unavoidable/incidental
discharges of excavated material that may Spill from the loader bucket during
construction, this permit does not authorize the permanent or temporary
discharge of fill in maters or wetlands. All excavated material is to be
hauled by truck to an upland disposal site as authorized herein.

Gv dy4limington Uiscrict ; 2-i9-64 t a4a
r
. 704 259 3855-6 USAGE -Reg. Brows 7
oqq DDr r
PIWAH FOREST QUADRANGLE
NCR ; H CAROLINA
r 7.5 MINUTE SERIES (TOPOGRAPHIC) 193 -SW
't
M. 43' itio&j met j3W
�� -. .•,i, 7? -•• -w �'y , ii ' r � , t.: r .�•.� e.' •' • - � _��Q i �" r. �y V . , ,%f' �` is.• w�.��
•r •• •�_ �, � '4 f ` r ��� 1r . r .i � f... r�r., r • :'� v •�+ - L,��.'•..•. ±.ti: ' ��'.`5'�L 9 r
f.? :�,,. ,^ • `�•,•r:r-,•�-
`'•L�p� :� � .-.�:d�j_:j 1 'r r Mownti
ltii��"'^ 1•.r _ LR- it
-t �....�'�t � fir. :� �-�! •!-. � � �_�L _,•• ;µ —z �' r`` ra p 4� �J;.
�I:.�:` ti `/�+ \' � � 1 : � %7 ' 1-'. Y �. ' hJ`'.+V♦Rr .,/J "• f. _ r_.r_ f +'�•� !�,"���
� '� .+• •'rV'•�•,;'•�`� i�•��.f .�'-'a.� Lig �Vr�f�- r� [ ~-•p.. � Vag• ``ter- ' :-lrr''.a
7"i .'fir �+- �����. � i��'v�l�i'A�+G��'k.1�1 �'?a !i �"�..r6 ���'• f � ^ r�r ..�1?: IS r
SITE L1 CAT113M MAP
REMOVAL OF SILT FRIM
CITY DF NENDERSONVILLE
BRADLEY CREEK WATER RESERVOIR
CITY OF HENDERSONVILLE
r1ATER AND SEWER DEPARTMENT
P.ag= 1760
318 r OMTH AVE.EAST
HENDEASCNVILLE,N.C.28 93
140YEMBER 16 , 1993
SHEET N I OF 4
- '• i� �r ,�%� 1 / fey-/1Jf � l y - —•-x •.
:'� , �� � ��i ' ria _.,r' �r i •
�. s •s . '' y1 .�flf��1"•' �.+`��,,, �. �Jr rte` ,. f� I, i�
$l�rbtOn Cdltri � �i � � • _ y
SCALE f 1'=34000' ♦ .�~� • n �. Y � � ~ � 1 ."

t(iv tlr:wilmington uisu icy
0
I 'JU4 z:a 006,* U4ALc—X4q, arancn;a o
Now"n�, _LINWM 00M
=•�. v wr .r ,r
'tea. 1
OVERALL ISM PLAN
W-mvAL OP s:LT FROM
CITY Or WAMRSONV=
BRADLEY OM WATER RESERVOIR
MCNOLUM CMWYdaMN CARMJNA
CITY OP NDdouow/,L u
WATER AM SEVER WARTIENT
P.OJLfx 1760
Aul 8793
NOVR 16, 1993
tqq,yoor?r
SCALE 1 1`=300'
Fria

• } . ... ��....�a.vn r.rr r. .rr i or r . -•r
4% i
SCALE : I'-60'
APMXiMAiE LATITUDE AND LOWTUDE *W Zn
N 35" gr 17'
V Sr 4W Ar
REMOVAL DF SILT FROM
CITY W HENIDERSOMV;LLE
BRADLEY CREEK VATER RESERVQIR
HENDERSON COUNTY"-rH CARajNA
CITY OF HENDERSONVILLE
VATER AND SEWER IEPARTMENT
P-UBOX 1760
318 FOURTH AVE -EAST
W-NDERSOVILL.ESZ 28793
NOVEMBER 36 , 1993
SHEET 0 3 OF 4
I rT &uv VU44 VWPIVLmill W Gilrilly M
AREA TO BE DREDGED
(2434)
DAM

RCV,BY:WilMington District 2-18-84 ; 9:45 1 704 259 OB58y USAGE—Reg. Branch;# 5
SILT DISPOSAL AREA
' REMOVAL OF SILT FROM
CITY OF HEMB RSONVILLE
BRADLEY CREEK WATER RESERVGIR
HENDERSON C13UNTYAWTH CARINA
CITY OF HENDERSONVILLE
WATER AND SEWER DEPARTMENT
PM= 1760
318 FOURTH AVE£AST
HENDERS34VILLE.N.C428793
NOVEMBER 16 , 1993
-- SHEET B 4 W 4
SCALE 1 1#=60'
STRAW SILT BARRIER
1�
V
SILT DISPOSAL SITE
SILT FENCE

United States Army Corps of Engineers
March 3, 1 9 94
To construct a rock diversion and discharge excavated
material 150 cubic yards of sediment from Bradley Creek
' A permit to reservoir in Pisgah National Forest.
at 8 miles west of Mills River Recreational Area parking lot, Henderson
county, North carolm.
has been issued to City of Hendersonville on Marchi 9 94
c/o Mr. Edward E. O'Neal
Address of Permittee 318 fourth Avenue East
Hendersonville, North Carolina
Permit Number -7
Action ID. 199400871 L
. L� ,r COL, EN
EN4 3 FORM 4338, Jul 81 133 CFR 320.3301 EDITION OF jUL 70 MAY BE USED (Proponent, cEcw of

Appendix C
Photographs
Page 1

Photographs

Photo 1. Bradley Creek dam.

Photo 2. View of reservoir upstream of dam, looking downstream.
Page 2

Photo 3. Riffle section upstream of dam and entry to diversion channel.

Photo 4. Existing ford on Bradley Creek downstream of dam.

Page 3

Photo 5. Parking and staging area adjacent to and west of dam looking east.

Photo 6. Wetland 1 adjacent to project area.

Page 4

Photo 7. View of Stream 2 (Diversion Channel) looking at upper dry reach and natural barrier.

Photo 8. Additional view of Stream 2 (Diversion Channel) looking at lower wet reach.

Page 5

Photo 9. View of Stream 4 (Diversion Channel) confluence with Bradley Creek downstream of
dam.

Photo 10. View of larger parking and Staging Area southeast of project area.