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HomeMy WebLinkAbout20120950 Ver 1_401 Application_20121012caoc' CIVIL DESIGN CONCEPTS, PA Transmittal Letter Date: October 3, 2012 Project Name: Glen Rock Stream Restoration CDC Project #: 11107 To: Mr. Kevin Barnett Asheville Regional Office NCDENR DWQ 2090 U.S. 70 Highway Swannanoa, NC 28778 Via Mail Overnight Hand Delivered Copies Date 1 10/02/2012 - ------- - - - - -- -------- --- - - -- 1 10/02/2012 -------- - - - - -- ---------------- 1 10/02/2012 ------- - - - - -- ---------------- 5 10/02/2012 5 10/02/2012 201 20950 copy OCT P* 2012 Pick up @ CDC Office Descri tion ---------------------------- - - - - -- - 2------------------------------ $240 Check (DWQ Review Fee for 401 Water Quality Certification) -------------------------------------------------------------------------- Transmittals to Other Agencies -------------------------------------------------------------------------- Cover Letter -------------------------------------------------------------------------- Complete PCN Application Submittal (with 11x17 plan bulletin) DWQ Submittal Checklist qCL REMARKS: A copy of this PCN package has been sent to USACE and NCWR �:attaciie'trxafistriiials: °~ - -� -- : . Let us know if you need anything else to facilitate your review. i_ Thanks, S•\ACAD \10835 \Docs \USAGE\ 2012- 10-02_trans.doc OGJ By_ Mich el Drmac ©z Mailing Address: P.O. Box 5432, Asheville, NC 28813 200 Swannanoa River Rd Asheville, NC 28805 1210 S. Main Street, Waynesville, NC 28786 Phone 828 - 252 -5388 Fax 828 - 252 -5365 Phone: 828 - 452 -4410 Fax: 828 - 456 -5455 ca+c*'O- CIVIL DESIGN CONCEPTS, PA "%*ft....w0001r Transmittal Letter Date: October 2, 2012 Project Name: Glen Rock Stream Restoration CDC Project #: 11107 To: Ms. Tasha McCormick Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 Via Mail Overnight Hand Delivered Pick up @ CDC Office ..... Copies - - - -- - - - - -- Date - -- - - ---- - - - - -- Desct ?tion - 1 10/02/2012 Complete PCN Application submittal ------------------ r------------------ 1----------------------------------------------------------- ---- --- ------ -- ------ - - - - -- REMARKS: Tasha, Please feel free to contact me to discuss any questions or concerns. Thanks, By: Michael Driscoll -- - ------- ----------- ------------------------------- - - - - -- S \ACAD \10835\Docs \USACE \Tasha McCormick 2012 -10 -02 trans doc Mailing Address: P.O. Box 5432, Asheville, NC 28813 200 Swannanoa River Rd Asheville, NC 28805 1210 S. Main Street, Waynesville, NC 28786 Phone 828 - 252 -5388 Fax 828 - 252 -5365 Phone: 828 - 452 -4410 Fax: 828- 456 -5455 cdc' CIVIL DESIGN CONCEPTS, PA Transmittal Letter Date: October 2, 2012 Project Name: Glen Rock Stream Restoration CDC Project #: 11107 To: David McHenry NCWRC - Inland Fisheries 20830 Great Smokey Mountains Expressway Waynesville, NC 28786 Via Mail Overnight Hand Delivered Pick up @ CDC Office ----- Copies - - - -- - - - - -- Date - - - - -- ----------------------------- - - - - -- Description - 1 10/02/2012 Complete PCN Application submittal ------------ - - - - -- ------------ - - - - -- -------------------------------------------------------------------------------- - - - - -- REMARKS: Tasha, Please feel free to contact me to discuss any questions or concerns. Thanks, By: Michael Driscoll -- - ------- ----------- - ------------------------------ - - - - -- S \ACAD \10835\Docs \USACE \Tasha McConmck 2012 -10 -02 trans doc Mailing Address: P.O. Box 5432, Asheville, NC 28813 200 Swannanoa River Rd Asheville, NC 28805 1210 S. Main Street, Waynesville, NC 28786 Phone 828 - 252 -5388 Fax 828 - 252 -5365 Phone: 828 - 452 -4410 Fax: 828 - 456 -5455 C CIVIL DESIGN CONCEPTS, PA October 2, 2012 Ms. Tasha McCormick Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 -5006 Re: Glen Rock Stream Restoration CDC Project No. 11107 Dear Ms. McCormick, We are seeking to obtain a Section 404 Nationwide Permit #13 and a 401 Water Quality Certification for the project known as Glen Rock Stream Restoration in Asheville, North Carolina. Enclosed for your review and approval are the following items: • Completed PCN Form • Jurisdictional Determination Form • Vicinity Map • USGS Map Excerpt of Subject Site • NRCS Soils Survey Map • Stream Restoration Bulletin The above referenced project consists of a stream bank restoration project off Depot Street in Asheville, North Carolina. The construction will allow for restoration of stream banks along an existing unnamed tributary adjacent to a recently constructed project in the area. The enclosed completed PCN application requests 270 LF of impact to the unnamed tributary to the French Broad River. Please forward any pertinent information and documents pertaining to the 401 Water Quality Certification to NCDENR DWQ at the Asheville Regional offices. A copy of this submittal package has been forwarded to Mr. David McHenry at the North Carolina Wildlife Resources Commission. Any approval letters or permits can be sent to our office for the need to distribute to the owner and the contractor. If you should have any questions or need any additional information during your review, please do not hesitate to call. Sincerely, Michael Driscoll CC NCDENR DWQ — Environmental Specialist (Asheville Regional Office) David McHenry - Mountain Region Coordinator S \ACAD \10835 \Docs \USACE \10835- 2012 -10 -0 1 -cover letter doc Mailing Address: P.O. Box 5432, Asheville, NC 28813 200 Swannanoa River Rd Asheville, NC 28805 1210 S. Main Street, Waynesville, NC 28786 Phone 828- 252 -5399 Fny R2R_2S2_Gi6G V1­. g'f4_Ae'l Aaln 1L'.. -.. 0110 .« 11— Version 1.4 January 9, 2009 401 Oversight/Express Permitting PCN Submittal Checklist ® The application fee (Checks may be made out to "N.C. Division of Water Quality" $240.00 for 401 Water Quality Certification with minor impacts $570.00 for 401 Water Quality Certification with major impacts - Express Review Fee (Amount requested on Acceptance Letter) ® Five (5) complete and collated copies of the PCN Application and supporting documentation (instead of providing 5 copies of the full size plans you may provide two copies of full size plans along with three copies of 11 X 17 plans) ❑ NA Stormwater Management Plan (if applicable — see PCN Form Help File Section E) 1) Please provide three (3) copies of the stormwater management plans along with all supporting information pertaining to this project including the following: a. Entire site development/layout plans delineating all drainage areas; b. Design calculation sheets for all proposed BMP(s) sized for both on -site and off -site drainage; c. BMP supplements for each proposed BMP and Required Items Check List ( http : / /h2o.enr.state.nc.us /su /bmo forms.htm) along with all required items; d. A Notarized Operation & Maintenance Agreement for each stormwater management facility; e. Detailed construction drawing sheets shall include (i) Erosion and sediment control plans; (ii) Installation and planting schedules for the proposed BMPs; (iii) Appropriately scaled plan views and cross sectional details of all BMPs and associated components — inlet and outlet structures, forebay, respective zones and pertinent elevations. ❑ NA If your project is located within a State implemented Riparian Buffer Rule Area, submit the following along with site plans and PCN form: 1) Three (3) copies of the details for on -site diffuse flow provisions, (refer to hftp://h2o.enr.state.nc.us/su/bmp_forms.htm). ❑ NA DWQ Stream Determination Forms for streams on property and DWQ determination letter for wetlands or streams (if applicable). The following is the most critical of all the information that you must provide. The quality and detail of the information will often determine the expeditiousness of the review. The following is a checklist of the types of pertinent information required at a minimum: Maps and Plans: ® The most recent version of the 1:24,000 USGS Topographic Map - Please cleanly draw or delineate the site boundaries on the topographic map. ® The most recent version of the bound and published County NRCS Soil Survey Map - (required for projects within the Neuse River Basin, Tar - Pamlico River Basin, Randleman Lake Watershed and the Catawba River Basin, also recommended for all projects) - Please clearly delineate the site boundaries, etc. on the map. If the delineation obscures any of the features, it is recommended that a clean copy be provided. Copies of the Version 1.4 January 9, 2009 current soil survey and /or soil survey map sheets can be obtained from the local NRCS County Office (http: / /www.nc.nres.usda.gov . GIS soil layers are not acceptable. ® Vicinity map - Please clearly mark the location and approximate boundaries of the property and project on the map. Please indicate north arrow and scale. Please include applicable road names or State Road numbers. ® The Site Plan - The most critical map to be provided is the site plan. You must provide full sized plans. The following is the minimum list of plans that are typically needed. ® Pre - construction /Pre- existing conditions - This sheet (or sheets) must include: • All jurisdictional and non jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Topographic contours with elevations • Any existing structures and impervious areas • Existing utility lines and easements • Existing roads, culverts, and other pertinent features • North arrow and the scale (1":50' scale is recommended). ® Proposed conditions - This sheet (or sheets) must include: • All jurisdictional and non jurisdictional wetland, stream, water features, State regulated buffers (delineated into Zones 1 and 2) • Lot layout (if a subdivision or commercial development is proposed) - lots must be developable without further impacts to iurisdictional and non - iurisdictional wetlands streams, water features. and State regulated buffers Building envelopes must be provided when streams, wetlands, riparian buffers, or water features exist on a lot • All built -out structures and impervious cover • Final grading contours with elevations • All utilities and easements (including septic fields on all lots within 100 feet of stream, wetland, or water features - if applicable) • Impacted areas — these should correspond with the Impact numbers listed on your PCN form. ❑ NA Drainage Plans - Final drainage plans must include the following: • Locations and pertinent elevations and sizes of the stormwater collection system and drainage ways • All inlets and outlets must also be shown with pertinent elevations (All outlets to wetlands must be at a non - erosive velocity, generally less than 2 ft/sec during the peak flow from the 10 -vr storm) • Scaled stormwater BMPs must also be indicated as required by DWQ rules and policies • In certain cases (see Section E of PCN form), final stormwater management plans must also be provided (see Stormwater Management Plan Checklist) ® Proposed Impacts - All impacts to jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be shown and labeled on the site plans at a scale no smaller than 1" = 50'. All excavation, fill, flooding, stabilization, and other impacts that will be conducted in or near jurisdictional and non jurisdictional wetland, stream, water features, and State regulated buffers must be indicated. Please provide cross sectional details showing the provisions for aquatic life passage (burial of culvert 20% for culverts 5 48 inches, and 1 -foot for culverts > 48 inches). Version 1.4 January 9, 2009 Wetland Impacts: ❑ NA Precise grading and final elevation contours must be provided. Existing vegetation and any clearing must be specified. ❑ NA All subsurface utility lines must indicate the location of anti -seep collars. Construction detail for anti -seep collars must be provided. ❑ NA Roadway or other crossings of riparian wetlands may require floodway culverts to maintain existing hydrological conditions. ❑ NA Plans should show that the hydrology of remaining wetlands on the site will be maintained. Stream Impacts: ® Stream impacts must be clearly shown on the plans. The centerline as well as the banks of the stream must be surveyed or located by GPS for the portion of the stream to be impacted. ® The inlet and the outlet of all culverts should be aligned with the stream as much as possible. Inlet and outlet elevations and streambed elevations should be indicated. Any inlet or outlet protection must be shown and enumerated on the impact map(s). ❑ NA For bottomless culverts or other spans, a vertical cross section should be provided that shows the minimum distance from each span to each stream bank, the stream cross section, the height of the span above the stream and the minimum distance from the edge of each footer to each stream bank. Additionally, please provide a signed and sealed geotechnical report of subsurface soils at the proposed bottomless culvert location. The report must comply with the Division of Highways — Guidelines for Drainage Studies and Hydraulic Design, prepared by A.L. Hankins, Jr., State Hydraulics Engineer - 1999. ❑ NA Multiple culverts or sectioned box culverts typically require the use of sills, off- setting or other means to match the cross section of the existing stream (in order to maintain stream stability and provide aquatic life passage). A vertical cross section of the culverts should be shown overlain with the up and downstream stream cross section including the stream flood -prone area. ❑ NA Impacts associated with dam construction must indicate and enumerate all fill associated with the dam footprint, spillway and any bank stream bank stabilization. The length of stream impounded must also be indicated and \ enumerated. m x Z —� 2 O co C r v z c� _0>>0U) rrl �onZ- :. ` -- z>r-0 1 JI C W D --I a) F4 z CC) N X mm °;o �N(n0;o I z 0Xu) - x DmMO (AKZ<O� l J TICV�m> m ;v y � D 0 o Z Z O r C x ;o mz 0 =mz ;o mZDNO co °C7 m y- -- > > � O�m - D —m oa) z - ZD° v� Z X. N O .I — .V[ \: — - m ': E~ -E 1 E E \ 11 E E E ' ::� • \ \ \\ �\ �\ E E E \ \ :' \ \ \ \ \ \ Tin `\ \ \�`•; \\ 0Z y� n I m--4 �_ 1 • � �� i \ 111 � \\ \ U) rrI \ O i \ \ O n n C m r X 1 " C c m I - x° OW cy) \ rri z A D ' .. x N 984- - -- —' d \ Z / O O \ / Z N r � II Lo \ / PRELIMINARY RELEASED di ^\ \ CONSTRUCTION STREAM RESTORATION BULLETIN FOR: LEN ROCK STREAM 200 SWANNANOA RIVER ROAD ASHEVILLE, NC 28805 PHONE (828) 252 -5388 FAX (828) 252 -5365 G G 1210 S MAIN STREET RESTORATION WAVNE3VILLE, NC 28788 PHONE (828) 452-5410 CIVIL DESIGN CONCEPTS, PA FAX (828) 458 -5455 CDC PROJECT #11107 NCBELS LICENSE%: C -2184 _.civildesignconcepte.com 20120950 \o�0F warF9oG Pre - Construction Notification A. Annlicant 1 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 1. Processing 1a. Type(s) of approval sought from the i 1 Corps: ® Section 404 Permit El Secti 1 b. Specify Nationwide Permit (NWP) number: NWP13 or General Permit (Mil, ni 1c. Has the NWP or GP number been verified by the Corps? 10fes WATEFI Q +)Al _Cl "ION 1d. Type(s) of approval sought from the DWQ check all that apply): ® 401 Water Quality Certification — Regular 0 Non -404 Jurisdictioriai*GeReral4P@.ggit �•� 0 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: 0 Yes ® No For the record only for Corps Permit: 0 Yes 0 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. 0 Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1h below. 0 Yes ® No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Glen Rock 2b. County: Buncombe 2c. Nearest municipality / town: Asheville 2d. Subdivision name: NA 2e. NCDOT only, T.I.P. or state project no: r%py 3. Owner Information 3a. Name(s) on Recorded Deed: Mountain Housing Opportunities Inc 3b. Deed Book and Page No. 4167 1818 3c. Responsible Party (for LLC if applicable): �� �k�r_gm jr�_'/Aol 3d. Street address: 64 Clingman Ave, Suite 101 �_ lull 3 e. City, state, zip: Asheville NC, 28801 OCT �$ 20 3f. Telephone no.- 828 - 254 -4030 �•IL 3g. Fax no.: --Finfo@mtnhousing.org 828- 254 -0120 WepandeA QtJ 3h. Email address: Page 1 of 10 PCN Form — Version 1.3 December 10, 2008 Version t' Al • "K a 4. Applicant Information (if different from owner) 4a. Applicant is: ❑ Agent ® Other, specify: Owner 4b. Name: James Dennis 4c. Business name (if applicable): Mountain Housing Opportunities Inc 4d. Street address: 64 Clingman Ave, Suite 101 4e. City, state, zip: Asheville NC, 28801 4f. Telephone no.: 828 - 254 -4030 4g. Fax no.: 828 - 254 -0120 4h. Email address: info @mtnhousing.org 5. Agent/Consultant Information (if applicable) 5a. Name: C. Chris Day, P.E. 5b. Business name (if applicable): Civil Design Concepts, PA 5c. Street address: 200 Swannanoa River Road 5d. City, state, zip: Asheville, NC 28805 5e. Telephone no.: 828 - 252 -5388 5f. Fax no.: 828 - 252 -5365 5g. Email address: cday @civildesignconcept.com B. Project Information and Prior Project History 1. Property Identification 1a. Property identification no. (tax PIN or parcel ID): 9648 -05 -5042 1b. Site coordinates (in decimal degrees): Latitude: 35.580424 Longitude: - 82.564258 (DD DDDDDD) (- DD.DDDDDD) 1 c. Property size: 0.66 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Unnamed Tributary to French Broad 2b. Water Quality Classification of nearest receiving water: Class B 2c. River basin: French Broad Page 2 of 10 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The proposed project will consist of removing accumulated sediment, removing debris, and stabilizing the existing stream banks. The land use in the area is residential and commercial. 3b. List the total estimated acreage of all existing wetlands on the property: 0 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: 270 3d. Explain the purpose of the proposed project: The intent of the project is to improve the stability of the existing banks, remove sediment from downstream concrete box culverts, and prevent possible future erosion. 3e. Describe the overall project in detail, including the type of equipment to be used: The project will include removing excess sediment buildup along the existing stream banks and from downstream box culverts. Methods of stream bank stability will also be used. Equipment used shall include silt fencing, slope matting, and a mini excavator. 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property / El Y es ®No El Unknown project (including all prior phases) in the past? Comments: 4b. If the Corps made the jurisdictional determination, what type ❑ preliminary ❑ Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency /Consultant Company: Name (if known): NA Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. NA 5. Project History 5a. Have permits or certifications been requested or obtained for ❑ Yes ® No ❑ Unknown this project (including all prior phases) in the past? 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. NA Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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. NA 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact ❑ Yes ❑ Corps Type of jurisdiction number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) ❑ Corps DWQ — non -404, other) (acres) Temporary T ❑ No ❑ DWQ W5 ❑ P ❑ T W1 ❑ P ❑ T ❑ Yes ❑Yes ❑ Corps ❑ No ❑ No ❑ DWQ W6 ❑ P ❑ T W2 ❑ P ❑ T U Yes U Corps ❑ No ❑ DWQ W3 ❑ P [IT ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. Comments: NA 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ — non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 ❑ POT Bank Restoration Unnamed tributary ® PER ❑ INT ® Corps ❑ DWQ 14' 270' S2 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P [IT ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h: Total stream and tributary impacts 270' 3i. Comments: NA Page 4 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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. NA 4a. 4b. 4c. 4d. 4e. Open water Name of waterbody impact number — (if applicable) Type of impact Waterbody type Area of impact (acres) Permanent (P) or Temporary T 01 ❑P ❑T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g. Comments: NA 5. Pond or Lake Construction If pond or lake construction proposed, then complete the chart below. NA 5a. 5b. 5c. , 5d. 5e. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) number of pond Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 K Total 5g. Comments: NA 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): NA 5j. Size of pond watershed (acres): NA 5k. Method of construction: NA 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. NA 6a. ❑ Neuse ❑ Tar - Pamlico ❑ Other: Project is in which protected basin? NA ❑ Catawba ❑ Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary T impact required. 131 ❑P ❑T El Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑P ❑T El Yes ❑ No 6h. Total buffer impacts 6i. Comments: NA Page 5 of 10 PCN Form — Version 1.3 December 10, 2008 Version D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. The proposed work will restore the bank of the stream, which has collapsed into the channel over the years. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Silt fencing and best management practices will be used to prevent sediment from impacting the stream. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? ❑ Yes ® 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: NA 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: NA 4. Complete if Making a Payment to In -lieu Fee Program NA 4a. Approval letter from in -lieu fee program is attached. ❑ Yes 4b. Stream mitigation requested. linear feet 4c. If using stream mitigation, stream temperature: ❑ warm ❑ cool ❑cold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non - riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: NA 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. NA Page 6 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ Yes ® No buffer mitigation? within one of the NC Riparian Buffer Protection Rules? 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. NA 6c. 6d. 6e. Zone Reason for impact Total impact Multiplier Required mitigation (square feet) (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). NA 6h. Comments: NA E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. Comments: ❑ Yes No ❑ Page 7 of 10 PCN Form — Version 1.3 December 10, 2008 Version 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? 69% 2b. Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: The project is increasing impervious areas less than 5,000 SF and thus doesn't require Stormwater Management. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: NA ❑ Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? NA ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? City of Asheville ® Phase fl 3b. Which of the following locally - implemented stormwater management programs ❑ NSW ❑ USMP apply (check all that apply): ❑ Water Supply Watershed ❑ Other: 3c. Has the approved Stormwater Management Plan with proof of approval been ❑ Yes ® No attached? NA 4. DWQ Stormwater Program Review ❑ Coastal counties 4a. Which of the following state- implemented stormwater management programs apply El HQW El ORW (check all that apply): NA ❑ 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 NA 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ❑ Yes ® No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ❑ No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.) ❑ Yes ❑ No Comments: NA 2. Violations (DWQ Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, ❑ Yes ® No or Riparian Buffer Rules (15A NCAC 2B .0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s)- NA 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. NA 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. The current method of sewage disposal is an existing connection to the public sewer system located on the opposite side of the property Page 9 of 10 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or El ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ® Yes ❑ No impacts? 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Raleigh ® Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS Endangered Species Program Website 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? ❑Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? South Atlantic Fishery Management Council 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? Preservation Society of Asheville and Buncombe County 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA- designated 100 -year floodplain? ® Yes ❑ No 8b. If yes, explain how project meets FEMA requirements: The building onsite is already existing 8c. What source(s) did you use to make the floodplain determination? NC Floodmaps Applicant/Agent's Printed Name Date Applicant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided. Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State. NC County/parish/borough- Buncombe City: Asheville Center coordinates of site (lat/long in degree decimal format): Lat. 35.580424'0, Long. 82.564258° �6V. Universal Transverse Mercator. Name of nearest waterbody Unnamed Tributary to the French Broad Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows- French Broad Name of watershed or Hydrologic Unit Code (HUC). French Broad ® Check if map /diagram of review area and /or potential jurisdictional areas is/are available upon request. p Check if other sites (e.g., offsite mitigation sites, disposal sites, etc.. ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): [] Office (Desk) Determination Date: ® Field Determination Date(s)- SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There ` " • ' "navigable navigable waters of the U.S.' within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area [Required] [� Waters subject to the ebb and flow of the tide. (] Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There }Are "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters (RPWs) that flow directly or indirectly into TNWs Non -RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 14 linear feet: width (ft) and /or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on- Fick List Elevation of established OHWM (if known)- 2. Non - regulated waters /wetlands (check if applicable):3 �] Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below s For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year -round or has continuous flow at least "seasonally" (e g , typically 3 months) 3 Supporting documentation is presented in Section III F SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW Summarize rationale supporting determination: Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. Characteristics of non -TNWs that flow directly or indirectly into TNW (1) General Area Conditions: Watershed size: K'fciwit Drainage area: Pick List Average annual rainfall: inches Average annual snowfall inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pf List tributaries before entering TNW. Project waters are Plikllit river miles from TNW. Project waters are ick,List river miles from RPW. Project waters are klit it aerial (straight) miles from TNW Project waters are Pick Liiit aerial (straight) miles from RPW Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Tributary stream order, if known: Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West 5 Flow route can be described by identifying, e g , tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man -made) Explain: ❑ Manipulated (man - altered). Explain. Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: _�Cs . Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type /% cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Kick'Il t Tributary gradient (approximate average slope)- % (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: [Pick IIst Describe flow regime. Other information on duration and volume. Surface flow is: Li_s't. Characteristics: Subsurface flow. kick CW. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ vegetation matted down, bent, or absent ❑ ❑ the presence of wrack line sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ other (list): ❑ abrupt change in plant community ❑ Discontinuous OHWM .7 Explain: If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply)- High Tide Line indicated by: [] Mean High Water Mark indicated by. ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings /characteristics ❑ vegetation lines /changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film, water quality, general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e g, where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g, flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics. Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non -TNW: Flow is: Vicli;List. Explain: Surface flow is: PIck List Characteristics: Subsurface flow: Dick ]List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier Explain: (d) Proximity (Relationship) to TNW Project wetlands are ciMist river miles from TNW. Project waters are k List aerial (straight) miles from TNW. Flow is from: P'ick-o k. Estimate approximate location of wetland as within the'icic List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species Explain findings: ❑ Fish/spawn areas Explain findings: ❑ Other environmentally - sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: deli List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size in acres Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D- 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. �] Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e g, typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): �] Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: 3. Non -RPWss that flow directly or indirectly into TNWs. ❑' Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply). [] Tributary waters: linear feet width (ft). ❑ Other non - wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. [] Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: �] Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are junsidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs. El Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters! As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or >> Demonstrate that water meets the criteria for one of the categories presented above (1 -6), or Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 which are or could be used by interstate or foreign travelers for recreational or other purposes from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors Explain- Identify water body and summarize rationale supporting determination: Nee Footnote # 3 9 To complete the analysis refer to the key In Section 111 D 6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos Provide estimates for jurisdictional waters in the review area (check all that apply): [] Tributary waters: linear feet width (ft) ❑ Other non- wetland'waters: acres Identify type(s) of waters: �] Wetlands- acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. �] Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). f ] Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: �] Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional jU dgment (check all that apply)- Non- wetland waters (i.e., rivers, streams)- linear feet width (ft). Lakes /ponds: acres. Other non - wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non- wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes /ponds: acres Other non - wetland waters- acres List type of aquatic resource: x, Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets /delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps U.S. Geological Survey map(s). Cite scale & quad name- USDA Natural Resources Conservation Service Soil Survey Citation. National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): [] Previous determination(s). File no and date of response letter: ❑ Applicable /supporting case law: Applicable /supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: N h io M N OD 35° 34' 52" Hydrologic Soil Group — Buncombe County, North Carolina .w : sF w u �y A t. Q N 35° 34'52" 35° 34'47" of m 35° 34' 47" 358250 358260 358270 358260 358290 358300 358310 358320 358330 358340 358350 358360 lV Map Scale 1 727 d printed on A size (8 5"x 11 ") sheet " N Meters in m A 0 5 10 20 30 '� \V Feet 0 25 50 100 150 _USDA Natural Resources Web Sod Survey 9/27/2012 IM Conservation Service National CnnnPrativP Snd Survov n___ 1 _. . Hydrologic Soil Group — Buncombe County, North Carolina MAP LEGEND MAP INFORMATION _ Area of Interest (A01) Map Scale: 1:727 if printed on A size (8.5" x 11 ") sheet. 0 Area of Interest (A01) The soil surveys that comprise your AOI were mapped at 1- 12,000. Soils Soil Map Units Warning. Soil Map may not be valid at this scale. Soil Ratings Enlargement of maps beyond the scale of mapping can cause 0 A misunderstanding of the detail of mapping and accuracy of soil line A/D placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. 0 e 0 B/D Please rely on the bar scale on each map sheet for accurate map measurements. C Source of Map Natural Resources Conservation Service E:] C/D Web Soil Survey URL: http : //websoilsurvey.nres.usda.gov F--1 D Coordinate System- UTM Zone 17N NAD83 This product is generated from the USDA -NRCS certified data as of Not rated or not available the version date(s) listed below. Political Features Soil Survey Area: Buncombe County, North Carolina p Cites Survey Area Data Version 8, Jul 2, 2012 Water Features Date(s) aerial images were photographed- 8/2/2006 Streams and Canals The orthophoto or other base map on which the soil lines were Transportation compiled and digitized probably differs from the background +++ Rails imagery displayed on these maps. As a result, some minor shifting +wa• Interstate Highways of map unit boundaries may be evident. -�, US Routes Major Roads .� Local Roads USDA Natural Resources Web Soil Survey 9/27/2012 Conservation Service National Cooperative Soil Survey Page 2 of 4 Hydrologic Soil Group - Buncombe County, North Carolina Hydrologic Soil Group Hydrologic Soil Group— Summary by Map Unit — Buncombe County, North Carolina (NCO21) Map unit symbol Map unit name Rating Acres In AOI Percent of AOI TmB Tate -Urban land complex, 2 to 8 percent slopes B 0.0 1.0% Ux Urban land 1.8 98.9% Totals for Area of Interest 1.8 100.0% Description Hydrologic soil groups are based on estimates of runoff potential. Soils are assigned to one of four groups according to the rate of water infiltration when the soils are not protected by vegetation, are thoroughly wet, and receive precipitation from long- duration storms. The soils in the United States are assigned to four groups (A, B, C, and D) and three dual classes (A/D, B /D, and C /D). The groups are defined as follows: Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly wet. These consist mainly of deep, well drained to excessively drained sands or gravelly sands. These soils have a high rate of water transmission. Group B. Soils having a moderate infiltration rate when thoroughly wet. These consist chiefly of moderately deep or deep, moderately well drained or well drained soils that have moderately fine texture to moderately coarse texture. These soils have a moderate rate of water transmission. Group C. Soils having a slow infiltration rate when thoroughly wet. These consist chiefly of soils having a layer that impedes the downward movement of water or soils of moderately fine texture or fine texture. These soils have a slow rate of water transmission. Group D. Soils having a very slow infiltration rate (high runoff potential) when thoroughly wet. These consist chiefly of clays that have a high shrink -swell potential, soils that have a high water table, soils that have a claypan or clay layer at or near the surface, and soils that are shallow over nearly impervious material. These soils have a very slow rate of water transmission. If a soil is assigned to a dual hydrologic group (A/D, B /D, or C /D), the first letter is for drained areas and the second is for undrained areas. Only the soils that in their natural condition are in group D are assigned to dual classes. Rating Options Aggregation Method: Dominant Condition Component Percent Cutoff. None Specified USDA affm— Natural Resources Web Soil Survey 9/27/2012 Conservation Service National Cooperative Soil Survey Page 3 of 4 . am. 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