HomeMy WebLinkAbout20201968 Ver 2_DbD JD Package_20210930Jurisdictional Determination Report
Broad River Paddle Accesses:
Rutherford County, North Carolina
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Date of Report
April 13, 2021
Prepared By:
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Brushy Fork Environmental Consulting
10565 HWY 421 South
Trade, Tennessee 37691
Prepared For:
91 A
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DESTINATION DESIGN
7lanning Ienglnae ring I <ommunlcatlons
Destination by Design
136 Furman Road, Suite #6
Boone, North Carolina 28607
1
1. TABLE OF CONTENTS
2.
INTRODUCTION AND LOCATION
........................................................................................................... 3
3.
REGULATORY DEFINITIONS...................................................................................................................
3
4.
TECHNICAL DEFINITIONS......................................................................................................................4
S.
SITE DESCRIPTION................................................................................................................................ 5
5.1. General
5
5.2. Soils
5
5.3. Wetlands
7
5.4. Streams
7
TABLES
1. Soil Unit Descriptions 6
APPENDICES
A. Project Site Location Map
B. Project Site USGS Topographic Map
C. Project Site Jurisdictional Map
D. Project Site USDA NRCS Soils Map
E. NC DWQ Stream Identification Data Form(s)
F. Wetland Determination Datasheet
G. Project Photosheets
H. USACE Preliminary Jurisdictional Form
2
2. INTRODUCTION AND LOCATION
A United States Army Corps of Engineers (USACE) jurisdictional wetland delineation and NC DWQ Stream
Determination was performed for a project site in Rutherford County, North Carolina on January 07, 2021.
This report presents the findings of "waters of the United States" including jurisdictional streams and
wetlands, and "waters of the State". The Subject Property consists of two locations, which can be referenced
in Table 1. Project Parcels below. Both locations are in southeastern Rutherford County (221A: 35.217116°, -
81.779065°) (221: 35.206238°,-81.838478°). A U.S. Geological Survey (USGS) topographic location map for the
entire Subject Property is given in Appendix B.
Table 1. Project Parcels
Site
Owner
PIN
Approximate
Parcel
Subject
Location
Acreage
Property
Acreage
221A
Duke Energy
1617219
35.217116°,
155.6 ac
± 7.89 ac
-81.779065'
221
NC DOT
N/A; Adjacent
35.206238°,
N/A; NC DOT
± 0.76 ac
to 1654292 &
-81.838476'
Right -of -Way
1636894
The jurisdictional wetland delineation was conducted according to guidelines set forth in the USACE
"Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and
Piedmont Region (Version 2.0)" (April 2012). The hydrologic determination was conducted according to the
guidelines set forth in the North Carolina Division of Water Quality (NCDWQ) "Methodology for Identification
of Intermittent and Perennial Streams and Their Origins (Version 4.11)" (Sept. 2010). As the regulating
authority of Section 404/401 of the Clean Water Act, the USACE and state of North Carolina must make the
final determination as to the jurisdictional status of this site.
Two ephemeral channels were identified and delineated on -site, both within the 221A Site. The ephemeral
channels are referred to as Unnamed Tributary 1 (UT 1) and Unnamed Tributary 2 (UT 2). No streams or
wetlands were found within the 221 Site, although a soil sample was taken and recorded in Appendix F. A
Jurisdictional Determination Map depicting the locations and extents of channels within the Subject Property
is given in Appendix C.
3. REGULATORY DEFINITIONS
"Waters of the United States" are regulated by the Corps of Engineers based on authority from Section 404 of
the Clean Water Act. They include waters that are or could be used for interstate commerce such as rivers,
wetlands, lakes, territorial seas, and ponds, as well as streams, waterways, and ditches below the "Ordinary
High -Water Mark (OHWM)". Manmade water bodies and farmed wetlands may also be considered
jurisdictional depending on their connection to other "waters of the U.S." if they are not actively mined,
farmed, or otherwise managed for five (5) years. A specific detailed definition of "waters of the United States"
can be found in the Federal Register (33 CFR 328.3). Activities in these areas will require a Corps of Engineers
permit if they include the discharge of dredged of fill material into "waters of the U.S.".
3
"Waters of the State" are "any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir,
waterway, or other body or accumulation of water. They can be surface or underground, public, or private,
natural, or artificial. Finally, they must be contained in, flow through, or border upon any portion of this State
(North Carolina) (including any portion of the Atlantic Ocean over which the State has jurisdiction)." This
definition is provided by the North Carolina Department of Environment and Natural Resources, Division of
Water Resources, 401 Buffer Permitting Unit.
4. TECHNICAL DEFINITIONS
Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and
duration enough to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. They are identified based on the three -parameter
approach outlined in the Corps of Engineers "Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Eastern Mountains and Piedmont Regional" (2012). The three criteria include hydrophytic
vegetation, hydric soils, and wetland hydrology. Generally, all three criteria must be present to make a
positive wetland determination. The criteria are defined as follows:
Hydrophytic vegetation, due to morphological, physiological and/or reproductive adaptation(s), has the ability
to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Individual species have
been assigned indicator status by the USFWS - National Wetland Inventory and the National Plant List Panel.
Vegetation is considered hydric when more than 50% of the dominant species from all strata are OBL, FACW,
FAC+ or FAC. Secondary vegetation rules include the species Prevalence Index which takes non -dominant
species into consideration, observed plant morphological and physiological adaptations, and certain
problematic wetland situations.
Indicator Status
Probability of Occurrence in Wetlands
Obligate Wetland - OBL
> 99%
Facultative Wetland - FACW
67-99%
Facultative - FAC
34-66%
Facultative Upland - FACU
1-33%
Obligate Upland - UPL
<1%
Hydric soils are present if they have been classified as hydric or when they possess characteristics associated
with reducing soil conditions known as hydric indicators. Wetland soils were evaluated for hydric indicators
with the USDA/NRCS report "Field Indicators of Hydric Soils in the United States, A Guide for Identifying and
Delineating Hydric Soils, Version8.2, 2018". Hydric soils in this report are those where an indicator for "All" or
"Loamy and Clayey" soils (USDA Land Resource Region "N") is present. Colors were determined using the
Munsell soil color chart.
Hydrology in wetlands occurs in areas inundated permanently or periodically at mean water depths of <6.6
feet, or if the soil is saturated to the surface for approximately nine (9) days consecutively during the growing
season of the prevalent vegetation. Wetland hydrology indicators may be present above or below the surface.
Primary indicators include inundation, saturation in the upper 12 inches, watermarks on standing structure,
sediment deposits and hydrogen sulfide odor. A minimum of one primary indicator is required for the
El
presence of a wetland. Secondary indicators (two or more required) include drainage patterns, moss trim
lines, crayfish burrows, and the FAC-neutral test.
In general, an area must meet all three criteria to be classified as a wetland. In certain "naturally problematic"
areas such as seasonal wetlands which are not wet at all times, or in recently disturbed situations, an area may
be considered a wetland if only two criteria are met.
Perennial stream means a well-defined channel that contains water year-round during a year of normal
rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary
source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the
typical biological, hydrological, and physical characteristics commonly associated with the continuous
conveyance of water. [15A NCAC 02B .0233(2)(i)]
Intermittent stream means a well-defined channel that contains water for only part of the year, typically
during winter and spring when the aquatic bed is below the water table. The flow may be heavily
supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological
characteristics commonly associated with the conveyance of water. [15A NCAC 02B .0233(2)(g)]
Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to
precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream
may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater
runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and
physical characteristics commonly associated with the continuous or intermittent conveyance of water. [15A
NCAC 02B .0233(2)(d)]
5. SITE DESCRIPTION
5.1. General
The Subject Property consists of two sites in southeastern Rutherford County. 221A Site is approximately ±
7.89 acres, within a 155.6 acre parcel, and located 14.5 miles southeast of Rutherfordton, NC. 221 Site is
approximately ± 0.76 acres, within a NC DOT right-of-way off US HWY 221, located 12.7 miles south southeast
from Rutherfordton, NC. The entire Subject Property was evaluated for aquatic resources subject to federal
and state jurisdiction. Elevations on the 221A Site range between ±680 and ±800 feet above mean sea level
and range from ±680 to ±760 feet above mean sea level on the 221 Site (Appendix B).
The Subject Property is in the Big Horse Creek Broad River Watershed (HUC12: 030501050503), in the Broad
River Basin. Both sites drain to the Broad River, which has been classified as WS-IV; CA — Highly Developed
Water Supply, Critical Area.
5.2. Soils
221A Site
Four (4) soil types are mapped on the 221A Site NRCS Soils Map presented in Appendix D. The dominant soil
type within the 221A Site is Rion-Cliffside complex, which comprises 74.8% of the 221A Site. A small area of
5
Pacolet-Bethlehem complex is mapped in the northeast, and Buncombe loamy sand along the southern
boundary. All soil types are well or excessively drained with no frequency of flooding.
221 Site
Four (4) soil types are mapped on the 221 Site NRCS Soils Map presented in Appendix D. The dominant soil
type within the 221 Site is Buncombe loamy sand, which comprises 52.3% of the 221 Site, located in the south
near the Broad River. The northern portion of the site contains Pacolet-Bethlehem complex, with the Toccoa
sandy loam found in middle of the site. All soil types are well or excessively drained with no frequency of
flooding.
The soil types which occur on the Subject Property are listed and described in detail below. Soils maps for both
locations were compiled from U.S. Department of Agriculture (USDA) Natural Resources Conservation Service
(NRCS) Web Soil Survey data, accessed 04/06/2021.
Table 1. Soil Unit Descriptions
221A Site:
Map Unit
Map Unit Description
Landform
Drainage Class
Symbol
BuB
Buncombe loamy sand,
Natural levees
Excessively
0-5% slopes,
on floodplains
drained
occasionally flooded
PbC2
Pacolet- Beth lehem
Hillslopes on
Well drained
complex, 8-15% slopes,
ridges
moderately eroded
RnE
Rion-Cliffside complex,
Hillslopes on
Well drained
25-60% slopes, very
ridges
stony
W
Water
N/A
N/A
221 Site:
Map Unit
Map Unit Description
Landform
Drainage Class
Symbol
BuB
Buncombe loamy sand,
Natural levees
Excessively
0-5% slopes,
on floodplains
drained
occasionally flooded
PbD2
Pacolet- Beth lehem
Hillslopes on
Well drained
complex, 15-25%
ridges
slopes, moderately
eroded
ToA
Toccoa sandy loam, 0-
Flood plains
Moderately
3% slopes, occasionally
well drained
flooded
W
Water
N/A
N/A
0
5.3. Wetlands
There were no wetlands found on the Subject Property on the site visit on January 7, 2021. A soil sample was
taken at the 221 Site and is recorded on the Wetland Determination Data Sheet in Appendix F. The 0-12" soil
sample was identified on the Munsell Soil Chart as 7.5YR 6/6, with no indicators of hydric soil.
5.4. Streams
The Broad River (WS-IV; CA) borders both sites to the south. On site 221A, the Broad River flows northwest to
southwest, approximately ±550 ft along the project site. On site 221, the Broad River flows west to east,
approximately ±71 ft along the project site.
Two (2) additional stream features were delineated on the Subject Property, henceforth UT 1 and UT 2, both
within the 221A Site (See Jurisdictional Determination Map, Appendix Q. Resultant scores from North Carolina
Division of Water Quality (NC DWQ) Stream Identification Forms (Appendix E) led to the determination of UT 1
and UT 2 as ephemeral channels. Because the UTs at the 221A Site have no classification they inherit the
designation of the water body they flow into, the Broad River, and are therefore WS-IV; CA — Highly Developed
Water Supply, Critical Area.
UT 1
UT 1 currently exists as a roadside ditch at the base of a steep slope, collecting runoff from US 221A and
precipitation runoff from the eastern slope. UT 1 enters the 221A Subject Property from the northwest and
flows southeast (parallel to Hwy 221A), before reaching constructed riprap and fanning out near the Broad
River. UT 1 is approximately 1-2 feet in width and ± 564 linear feet on -site.
At the time of the site visit, UT 1 channel had weak continuity with the bank, mainly downstream, with
obvious interruptions visible on the upstream portion. UT 1 presented weak sinuosity, with the upstream
portion being fairly straight, and only a few bends present downstream. Downstream features were
dominated by long, linear riffles (if water were present). Upstream, there was vegetation clogging the channel
which caused the formation of several pools that had accumulated water, likely due to slope and road -side
runoff from recent rain and snowfall events. Bed material was composed largely of detritus and soil, however
manmade materials from human disturbance (rip rap) were also found along with some small gravel. It is
possible that the gravel came from runoff from the gravel parking area upslope. For most of the stream, there
was no difference in particle size within the channel and surrounding soil profile. There were no indicators of a
floodplain, bars, or benches, however; some small alluvial deposits were seen on the upstream side of trees
located on the downstream portion of the channel. No head cuts were present in the channel, and grade
control throughout the observed channel was weak.
Water did not demonstrate flow at the time of the site visit; the only water present had collected in pools and
was likely residual from recent precipitation. Iron oxidizing bacteria was found only in the upstream portion of
UT 1, concentrated in pools. The stream bed consisted largely of leaf litter, with few drift lines found
downstream. A 0-12" soil sample was taken on the downstream portion of the channel and identified as non-
hydric (Munsell Soil Chart as 7.5YR 3/3) (Appendix G). Fibrous roots and rooted upland plants were noted in
the streambed, occurring more frequently in the upstream portion of the channel. There were no
7
macrobenthos, aquatic mollusks, fish, crayfish, amphibians, or algae identified at the time of the site visit.
Some wetland plants (Juncus spp.) were identified upstream (Photosheets, Appendix G).
UT 1 scored a total of 11.75 points with the NC DWQ Stream Identification Form, see Appendix E.
UT 2
UT 2 enters the 221A Subject Property from the southeast corner, flowing southeast towards the Broad River,
only briefly appearing on -site. UT2 is approximately 2 feet in width and flows ± 342 linear feet within the 221A
Subject Property. BFEC followed the UT 2 feature north past the Subject Property, and observed it going
subsurface for a few feet before re-emerging. The feature appears to follow a nature valley.
At the time of the site visit, UT 2's channel presented weak continuity with the bank with moderate sinuosity
observed on the upstream portion of BFEC's delineation. The channel displayed a moderate amount of
riffle/pools features, more strongly discernable in the upstream portion. The stream bed consisted mainly of
dried leaves, fibrous roots, and rooted upland plants. Bed material was a mix of soil and small gravel. There
was no noticeable difference between the stream substrate and surrounding soil profile, and no evidence of
an active floodplain, bars, benches, or alluvial deposits. No head cuts were present in the channel, and grade
control was weak.
No base flow was visible at the time of the site visit, and there were no indicators of ground water discharge.
No iron oxidizing bacteria was observed within the BFEC delineation. No sediment was present on plants or
debris that would indicate persistent flow, but small pile lines were observed within the channel, concentrated
in the upstream portion. A 0-12" soil sample was taken on the downstream portion of the channel and
identified as non-hydric (Munsell Soil Chart as 7.5YR 3/3) (Appendix G).
No benthic or macroinvertebrates were observed by BFEC during the site visit including macrobenthos,
aquatic mollusks, fish, crayfish, amphibians, algae, or wetland plants.
UT 2 scored a total of 8.0 points with the NC DWQ Stream Identification Form, see Appendix E.
Appendix A
Project Site Location Map
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Project Site USGS Topographic Map
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Appendix C
Project Site Jurisdictional Map
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Appendix E
NC DWQ Stream Identification Data Form(s)
NC DWQ Stream Identification Form Version 4.11
Date: 01/07/2021
Project/Site: DbD 221A #1
Latitude: 35°13' 01.50"N
Evaluator: JKL, SDK
County: Rutherford
Longitude: 81°46' 43.95"W
Total Points: 11.75
Stream Determination (circle one)
Other
Stream is at least intermittent
Ephemeral Intermittent Perennial
e.g. Quad Name:
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 5.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 3.5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal = 2.75 )
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: *Sketch and notes on following page
NC DWQ Stream Identification Form Version 4.11 (Notes)
01-07-2021
221A HD 1 Rutherford County, NC
-Downstream features dominated by long, linear, riffles IF water were present.
Upstream: vegetation clogging the feature has caused the formation of several pools
which have accumulated water due to slope and road -side runoff from recent rain and
snowfall events.
-Gravel in the streambed downstream could be from runoff from gravel parking area.
-Alluvium:
• Upstream: Due to debris jams in the feature, channel backup has occurred
during precipitation events depositing small amounts onto surrounding
vegetation
• Downstream: Alluvium deposited on this portion of the feature is likely due
to overflow from the Broad River
-Upstream has runoff from impermeable rock faces adjacent to the feature
-Small accumulation of organic debris was noted upstream within the channel bed but
did not extend to the floodplain.
-Fibrous roots in the streambed were noted, but stronger in the upstream portion of the
feature.
-Soils from 0-12"
• Color 7.5YR 3/3
• Sample had worms present indicating that anoxic conditions are absent.
Sketch:
Sketch;
L t,
n ��eGm�oed � DS
I 4„'[r�uld 10-� i�rnrn VVA,\0 V.' �y�; ��a-C
NC DWQ Stream Identification Form Version 4.11
Date: 01/07/2021
Project/Site: DbD 221A HD#2
Latitude: 35°13' 03.48"N
Evaluator: JKL, SDK
County: Rutherford
Longitude: 81°46' 41.23W
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent 8.0
Ephemeral Intermittent Perennial
e.g. Quad Name:
if >_ 19 or perennial if >_ 30`
A. Geomorphology (Subtotal = 7.5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 0.5 )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =
1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: *Sketch and notes on following page
NC DWQ Stream Identification Form Version 4.11 (Notes)
01-07-2021
221A HD 2 Rutherford County, NC
-Soils from 0-12"
• Color 7.5YR 3/3
Sketch:
Sketch:
Appendix F
Wetland Determination Data Sheet(s)
WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region
Project/Site: DbD 221 Paddle Access Site City/County: Rutherford Sampling Date: 01/07/21
Applicant/Owner: Destination by Design State: NC Sampling Point: S1
Investigator(s): JKL, SDK Section, Township, Range:
Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): none Slope (%): 0-1 %
Subregion (LRR or MLRA): LRR N Lat: 35°12'23.57"N Long: 81°50'18.66"W Datum: NAD83
Soil Map Unit Name: BuB, Bumcombe loamy sand NWI classification: None
Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no, explain in Remarks.)
Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No
Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc.
Hydrophytic Vegetation Present? Yes No x Is the Sampled Area
Hydric Soil Present? Yes No x within a Wetland? Yes No x
Wetland Hydrology Present? Yes No x
Remarks:
HYDROLOGY
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two required)
Primary Indicators (minimum of one is required: check all that apply)
—Surface Soil Cracks (136)
—Surface Water (Al) _True
Aquatic Plants (1314)
_ Sparsely Vegetated Concave Surface (138)
_ High Water Table (A2) _
Hydrogen Sulfide Odor (Cl)
—Drainage Patterns (1310)
—Saturation (A3) —Oxidized
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (1316)
—Water Marks (131) —Presence
of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Sediment Deposits (132) —Recent
Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
_ Drift Deposits (133) _Thin
Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (C9)
_Algal Mat or Crust (134) —Other
(Explain in Remarks)
_ Stunted or Stressed Plants (D1)
—Iron Deposits (135)
_ Geomorphic Position (D2)
_ Inundation Visible on Aerial Imagery (137)
—Shallow Aquitard (D3)
—Water-Stained Leaves (139)
_ Microtopographic Relief (D4)
Aquatic Fauna (1313)
FAC-Neutral Test (D5)
Field Observations:
Surface Water Present? Yes No
x Depth (inches):
Water Table Present? Yes No
x Depth (inches):
Saturation Present? Yes No
x Depth (inches):
Wetland
Hydrology Present? Yes No x
(includes capillary fringe)
Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available:
Remarks:
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
VEGETATION (Four Strata) - Use scientific names of plants.
Sampling Point: S1
Absolute Dominant
Indicator
Tree Stratum (Plot size: )
% Cover Species?
Status
Dominance Test worksheet:
1
Number of Dominant Species
2.
That Are OBL, FACW, or FAC: 2 (A)
3.
Total Number of Dominant
4.
Species Across All Strata: 4 (B)
5.
Percent of Dominant Species
6.
That Are OBL, FACW, or FAC: 50.0% (A/B)
7.
Prevalence Index worksheet:
=Total Cover
Total % Cover of: Multiply by:
50% of total cover:
20% of total cover:
OBL species 0 x 1 = 0
Sapling/Shrub Stratum (Plot size:
)
FACW species 6 x 2 = 12
1.
FAC species 5 x 3 = 15
2.
FACU species 12 x 4 = 48
3.
UPL species 0 x 5 = 0
4.
Column Totals: 23 (A) 75 (B)
5.
Prevalence Index = B/A = 3.26
6.
Hydrophytic Vegetation Indicators:
7.
_ 1 -Rapid Test for Hydrophytic Vegetation
8.
2 - Dominance Test is >50%
9.
3 - Prevalence Index is !-3.0'
=Total Cover
4 - Morphological Adaptations' (Provide supporting
50% of total cover:
20% of total cover:
data in Remarks or on a separate sheet)
Herb Stratum (Plot size: )
-Problematic Hydrophytic Vegetation' (Explain)
1. Solidago canadensis
2
No
FACU
'Indicators of hydric soil and wetland hydrology must be
2. Oenothera biennis
5
Yes
FACU
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
3. Rumex crispus 5 Yes FAC
4. Verbena hastata
5
Yes
FACW
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
5. Carex spp.
1
No
FACW
more in diameter at breast height (DBH), regardless of
6. Trifolium repens
5
Yes
FACU
height.
7.
Sapling/Shrub - Woody plants, excluding vines, less
8.
than 3 in. DBH and greater than or equal to 3.28 ft
9
(1 m) tall.
10.
Herb - All herbaceous (non -woody) plants, regardless
11.
of size, and woody plants less than 3.28 ft tall.
23
=Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
12
20% of total cover:
5
height.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
Hydrophytic
=Total Cover
Vegetation
50% of total cover:
20% of total cover:
Present? Yes No x
Remarks: (Include photo numbers here or on a separate sheet.)
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
SOIL Sampling Point: S1
Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.)
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) % Types Loc2 Texture Remarks
0-12 7.5YR 6/6 Sandy
D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains
Hydric Soil Indicators:
_ Histosol (Al)
_ Histic Epipedon (A2)
_ Black Histic (A3)
—Hydrogen Sulfide (A4)
—Stratified Layers (A5)
2 cm Muck (A10) (LRR N)
_ Depleted Below Dark Surface (A11)
_Thick Dark Surface (Al 2)
—Sandy Mucky Mineral(S1)
—Sandy Gleyed Matrix (S4)
—Sandy Redox (S5)
—Stripped Matrix (S6)
Dark Surface (S7)
Restrictive Layer (if observed):
Type:
Depth (inches):
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Loamy Mucky Mineral (F1) (MLRA 136)
_ Loamy Gleyed Matrix (F2)
_ Depleted Matrix (F3)
_ Redox Dark Surface (F6)
_ Depleted Dark Surface (F7)
_ Redox Depressions (F8)
_ Iron -Manganese Masses (F12) (LRR N,
MLRA 136)
_ Umbric Surface (F13) (MLRA 122, 136)
—Piedmont Floodplain Soils (F19) (MLRA 148)
Red Parent Material (F21) (MLRA 127, 147, 148)
2Location: PL=Pore Lining, M=Matrix
Indicators for Problematic Hydric Soils3:
2 cm Muck (A10) (MLRA 147)
—Coast Prairie Redox (A16)
(MLRA 147, 148)
—Piedmont Floodplain Soils (F19)
(MLRA 136, 147)
—Red Parent Material (F21)
(outside MLRA 127, 147, 148)
_Very Shallow Dark Surface (F22)
Other (Explain in Remarks)
3Indicators of hydrophytic vegetation and
wetland hydrology must be present,
unless disturbed or problematic.
Hydric Soil Present? Yes No X
Remarks:
This data sheet is revised from Eastern Mountains and Piedmont Regional Supplement Version 2.0 to include the NRCS Field Indicators of Hydric
Soils, Version 8.0, 2016.
US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0
Appendix G
Project Photosheets
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Appendix H
USACE Preliminary Jurisdictional Form
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 04-13-2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Brushy Fork Environmental Consulting, Inc. 10565 Hwy 421S, Trade, TN37691
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville, NC
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Rutherford City:
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.2062380 Long.:-81.8384760
Universal Transverse Mercator:
Name of nearest waterbody: Broad River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑■ Field Determination. Date(s): 01/07/2021
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
Broad River
35.2060850
-81.838551 °
± 71 ft
non -wetland waters
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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:
Chesnee Quad. 7.5min
❑ 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:
■❑ Photographs: ❑ Aerial (Name & Date):
(National Geodetic Vertical Datum of 1929)
or ❑ Other (Name & Date): Broad River Accesses - Rutherford County, NC 01/07/2021
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 04-13-2021
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Brushy Fork Environmental Consulting, Inc. 10565 Hwy 421S, Trade, TN37691
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Asheville, NC
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Rutherford City:
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.2171160 Long.:-81.7790650
Universal Transverse Mercator:
Name of nearest waterbody: Broad River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
❑■ Field Determination. Date(s): 01/07/2021
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
UT1
35.2170830
81.778888'
± 564 ft
non -wetland waters
N/A; ephemeral channel
UT2
35.2176330
81.778055'
+ 342 ft
non -wetlands waters
N/A; ephemeral channel
Broad River
35.2163570
-81.7786290
± 550 ft
non -wetland waters
404
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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:
Chesnee Quad. 7.5min
❑ 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:
■❑ Photographs: ❑ Aerial (Name & Date):
(National Geodetic Vertical Datum of 1929)
or ❑ Other (Name & Date): Broad River Accesses - Rutherford County, NC 01/07/2021
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
determinations.
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.