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HomeMy WebLinkAbout20200344 Ver 1_PJD_20200304Preliminary ORM Data Entry Fields for New Actions ACTION ID #: SAW- Begin Date (Date Received): Prepare file folder ❑ Assign Action ID Number in ORM ❑ 1. Project Name [PCN Form A2a]: Smith Mill Creek Restoration Project 2. Work Type: ❑✓ Private ❑ Institutional ❑ Government ❑ Commercial 3. Project Description / Purpose [PCN Form B3d and B3e]: The proposed project involves approximately 1,849 linear feet of stream restoration on Smith Mill Creek and UT2 (piped). Stream and floodplain activities will treat bank erosion through channel and riparian vegetation restoration. Dense knotweed thicket will be physically removed from an existing wetland through excavation of root material. 4. Property Owner / Applicant [PCN Form A3 or A41: Wildlands Engineering, Inc. 5. Agent / Consultant [PNC Form A5 — or ORM Consultant ID Number]: Jordan Hessler 6. Related Action ID Number(s) [PCN Form B5b]: 7. Project Location —Coordinates, Street Address, and/or Location Description [PCN Form Blb]: Coordinates: 35.589073,-82.603121 Site Address: 1 Moose Heart Lane, Asheville, NC 28803 8. Project Location— Tax Parcel ID [PCN Form Bla]: Multiple(information attached) 9. Project Location — County [PCN Form A2b]: Buncombe 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Asheville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Smith Mill Creek 12. Watershed / 8-Digit Hydrologic Unit Code [PCN Form 132c]: 06010105 Authorization: Section 10 ❑ Section 404 ✓❑ Regulatory Action Type: ❑ Standard Permit ✓ Nationwide Permit # Regional General Permit # ✓ Jurisdictional Determination Request Section 10 and 404 ❑ ❑ Pre -Application Request ❑ Unauthorized Activity ❑ Compliance ❑ No Permit Required Revised 20150602 k P WILDLANDS E N G I N E E R I N G March 3, 2020 Mrs. Amanda Jones Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Subject: Pre -Construction Notification Pursuant to Nationwide Permit No. 27 and Water Quality Certification No. 4134 Smith Mill Creek Restoration Project Buncombe County, North Carolina Dear Mrs. Jones: The Smith Mill Creek Restoration Project site is located at 1 Moose Heart lane in Buncombe County within the city limits of Asheville (Figures 1 & 2). Wildlands Engineering (Wildlands) is working on behalf of the property owners to stabilize and enhance a stream channel. Agent Authorization forms are attached which provides verification that Wildlands is acting on behalf of the four property owners. Project Overview The proposed project involves approximately 1,849 linear feet (existing length) of stream restoration and 0.29 acres of wetland enhancement (vegetative). Smith Mill Creek has been straightened and relocated to the valley wall. It also has numerous sewer crossings. Channel and valley wall erosion are adversely impacting downstream water quality and sediment and vegetation impacts are resulting in habitat impairment. Conducting stream restoration activities on Smith Mill Creek and daylighting UT2, along with riparian buffer restoration activities, will significantly improve stream and wetland functions and reduce water quality impacts. Flood relief benches will be established and some channel relocation will move the stream away from the valley wall. In -stream structures will be used to promote energy dissipation in pools since meander geometry cannot be reestablished throughout the reach. Work will be conducted in the summer with planting the following dormant season. Methodology Wildlands delineated potential waters of the U.S. within the proposed project area using the USACE Routine On - Site Determination Method defined by the 1987 Corps of Engineers Wetlands Delineation Manual and subsequent Eastern Mountain and Piedmont Regional Supplement Version 2.0 (2012). Wetland Determination Data Forms representative of on -site wetland areas as well as upland areas are enclosed (DPi-DP2). Non -wetland waters (streams) were reviewed using USACE Ordinary High -Water Marks guidance (2005) and classified using the North Carolina Department of Water Resources (NCDWR) Methodology for Identification of Intermittent and Perennial Streams and Their Origins (Version 4.11, 2010). NCDWR Stream Classification Forms representative of on -site stream channels are enclosed (SCP1-SCP2). Wildlands Engineering, Inc. • phone 704-332-7754 • fax 704-332-3306 • 167-B Haywood Road • Asheville, NC 28806 Field Investigation Results The results of the on -site field investigation indicate there are 3 streams and 1 wetland located within the assessment area: Smith Mill Creek, UT1, UT2, and Wetland A (Figure 3). UT2 is piped and neither the outlet location nor perennial/intermittent status is known. Smith Mill Creek (NCDWR Index No. 6-79) is classified as C. On -site stream channels are located within NCDWR Subbasin 04-03-02 of the French Broad River Basin (HUC# 06010105). Approximate linear footage and acreage of potential on -site waters, within the project area are summarized in Table 1. Table 1. Summary of Potential On -Site Waters Feature Classification ��F�" Acreage (AC) 1,742 and Smith Mill Creek Perennial continues - off site UT1 Intermittent 381 - UT2 Unknown, assumed 1072 - intermittent (piped) Bottomland Wetland A 0.29 Hardwood Forest Total: 1,887 0.29 'UTi is now offsite as a result of subdivision of the Moose Lodge parcel 2Estimated linear footage Soils Soil types within the assessment area shown in figure 4 include Clifton -Urban land complex (CuD), Evard-Cowee complex (EVE2), Tate -Urban land complex (TmQ Udorthents, loamy (Ud), and Udorthents-Urban land complex (UhE). Clifton -Urban land complex is well drained and found on mountain slopes and ridges. Evard-Cowee complex (EVE2) is well drained and typically found on ridges and mountain slopes. Tate -Urban land complex (TmC) is well drained and found in stream terraces, fans, and benches. Udorthents, loamy (Ud) is well drained and typically found on backslopes. Udorthents-Urban land complex (UhE) is somewhat excessively drained and typically found on backslopes, frontslopes, and toeslopes. Soil mapping units are from the U.S. Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Web Soil Survey website (https://websoiIsurvey.sc.egov.usda.gov/App/HomePage.htm). Proposed Impacts Streamwork will be conducted with trackhoes and earth moving equipment such as track trucks or skid steerers, utilizing mud mats as a stream crossing as necessary. Instream work will be necessary to realign the channel and install structures — some of the work will be offline and some will be online. An appropriate turbidity curtain will be installed at the downstream extents of the project before grading along the stream is allowed to occur. When possible work will occur from the top of the bank. When in -channel access is required, base flow will be diverted away from the active work area to reduce contact between the active work area and the actively flowing stream. If the diversion is not sufficient to minimize contact between active work area and the stream flow a clean water partial pump around may be implemented to reduce stream flow near the work area. Bank grading will be done with caution to avoid spillback of graded sediments into the stream. We have included the following supporting data • Cover Sheet, • Vicinity, USGS, Site, Soils Map, Impacts Map, • Jurisdictional determination request form and deeds, • Preliminary jurisdictional determination form, • Field stream and wetland data forms, • Photolog, • Signed agent authorization form, and • 11" x 17" copy of the 60% plan set Please do not hesitate to contact me at 828-551-8582 or at jhessler@wildlandseng.com should you have any questions regarding this request for jurisdictional verification. Sincerely, Jordan Hessler Environmental Scientist - Project Location &I Y * r >> C Gtee ^�Q Omni Grove Hydrologic Unit Code (14-Digit) reek `�e t. ,�r �t Park Goff so F� Rrhn-ond � _ .� Course r��\�°� �-rvnlL Hill Park al Reed Gee 125 77 ff .- 06010105090020 - 3 / U -Ash University- of Uy so' GIB °� 19 { NC -Asheville Weaver ` BeSt, C�pr, 1• c+� y 1 / Park o 0 Pea'... shP` lick 4to y��� Sprve' 1c�'lrlys �,Q o �* ?�� dy .lC4oTr rr, ��, a 1-0 C S ye k� f Irapa Flome Rd F ,� i3� �, �3 - E Chestnut St 251 Riverside r s 1 0.1 06010508001,0 06010105090010 r'o '� a �' Cemetery C7 � t I T t 70� Asheville t Emma Crowne Plam d t , ECG"E K a :' Tennis • ter. �,.%� �V �! G,O eta �G�el - Goff Resort e �\ 0 Sttii Vr M�\ 4� rye t `` SrnitK Green Hill Ham'/ Project Location Cemetery M!//,p ► 7�! L 0 y� c Q� Starnes Cove � � Aston Park �. o Rd �^ CD S = p0 i u,\ `` ��rl r���/ ` ��'♦ O C Off` � c C y p J _L, ire creek�p vl r GBH St t mN. rrt'AS •I �` I Missior/ 'Y4vs N ¢l QA aQr P �`_ I Zrvrr s�t� St Heaft add Sv 4. I Tfrvfil 0- 06010105060030 G (P r1 ��` °r s, 060_-10105070040 F y x D Moo! ` i1 '` 2 rJ1 m ` r`r a Brarrcb t.��` B,��lrr[c'm6e'' ' o � , �� ,�•� ,-h Cmty 5 .fir' >o o '• �� 191 ��''Col Canle Creek - �, � , - gmt>.�y �• ..^ / r 4 06040,1050.50010 0.001'010505Y010 `Y W I L D L A N D S 0 0.5 1 2 Miles Figure 1 Vicinity Map E N G I N E E R I N G Smith Mill Creek Restoration I I I I I l French Broad 06010105 Buncombe County, NC V4 • 4i■u■u� w % 40 Vr ■ Project Location 01 Q Site Lat/Long Location ' Ha mn r � � Site Coordinates: (35.589099,-82.602724) -� ♦ WS6` iiiiiiiij • _ Vk—►►ten - w_ Ik ♦� i IL • . e fit i mom ••AL + ♦• ! �/ ;µ { W I L D L A N D S 0 250 500 1,000 Feet Figure 2 USGS Topographic Map kt� E N G I N E E R I N G Smith Mill Creek Restoration I I I I I i French Broad 06010105 Buncombe County, NC y i l�7n t `. i Assessment Area Project Parcels {_ �i V_i ® Potential Wetland Waters � , .- - > �• Potential Non -Wetland Waters Perennial , —•••—•••— Intermittent, UT2 - Piped.00 ` ` y Stream Classification Point(SP#) .r% O Data Points(DP#) z �•. - + f r1i i •A UT2-F '• .fir . .1,r Estima r C r. r �WILDLAN DS ENGINEERING � 1 0 50 100 200 Feet Figure 3 Delineation Map Smith Mill Creek Restoration I I I I I I French Broad 06010105 Buncombe County, NC W I L D L A N D S 0 50 100 200 Feet Figure 4 Soils Map E N G I N E E R I N G Smith Mill Creek Restoration French Broad 06010105 Buncombe County, NC x AjL— W1 Wetland A (0.29 AC) 1MV 11111JO�L Jr 0.18 AC of Impact S1 Smith Mill Creek (1,742 LF) won X. 16 icy 7 ♦41 Ilk `♦�' so, S2 UT2 (107 LF) . . . . . . . . . . . . 2015 Aerial Pt urisdictional Determination Reauest US Army Corps of Engineers Wilmington District This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www. saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator. aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 INSTRUCTIONS: WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 All requestors must complete Parts A, B, C, D, E, F and G. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part H. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner(s) or the owner(s) authorized agent to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: May 2017 Page 1 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address: 1 Moose Heart Lane City, State: County: Asheville, NC 28806 Buncombe Parcel Index Number(s) (PIN): Multiple (Information Attached B. REQUESTOR INFORMATION Name: Jordan Hessler Mailing Address: 167-B Haywood Road Asheville, NC 28806 Telephone Number: 828-551-8582 Electronic Mail Address: jhessler@wildlandseng.com Select one: EI am the current property owner. aI am an Authorized Agent or Environmental Consultant' Interested Buyer or Under Contract to Purchase 1-1 Other, please explain. C. PROPERTY OWNER INFORMATION' Name: Multiple (Information Attached) Mailing Address: Telephone Number: Electronic Mail Address: ' Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Version: May 2017 Page 2 Jurisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION',4 By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on - site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the undersigned, am either a duly authorized owner of record of the property identified herein, or acting as the duly authorized agent of the owner of record of the property. Jordan Hessler Print Name Capacity: ❑ Owner ❑✓ Authorized Agent' 3-03-2020 Date Signature E. REASON FOR JD REQUEST: (Check as many as applicable) I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all aquatic resources. ❑ I intend to construct/develop a project or perform activities on this parcel which would be designed to avoid all jurisdictional aquatic resources under Corps authority. I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps, and the JD would be used to avoid and minimize impacts to jurisdictional aquatic resources and as an initial step in a future permitting process. ✓❑ I intend to construct/develop a projector perform activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit application and the JD is to be used in the permitting process. I intend to construct/develop a projector perform activities in a navigable water of the U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of the tide. ❑ A Corps JD is required in order obtain my local/state authorization. ❑ I intend to contest jurisdiction over a particular aquatic resource and request the Corps confirm that jurisdiction does/does not exist over the aquatic resource on the parcel. ❑ I believe that the site may be comprised entirely of dry land. ❑ Other: For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a continuation sheet. 5 Must provide agent authorization form/letter signed by owner(s). Version: May 2017 Page 3 Jurisdictional Determination Request F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) ❑✓ I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be "waters of the United States" or "navigable waters of the United States"on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional "waters of the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is "preliminary" in the sense that an approved JD can be requested at any time. PJDs do not expire. ❑ I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional "waters of the United States" or "navigable waters of the United States" are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other "affected party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). ❑ I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. ✓❑ Size of Property or eview Area 4.17 acres. ❑ The property boundary (or review area boundary) is clearly physically marked on the site. Version: May 2017 Page 4 Jurisdictional Determination Request H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: Longitude 35.589099 -82.602724 0 A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than I Ix17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6 ■ North Arrow ■ Graphical Scale ■ Boundary of Review Area ■ Date ■ Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations: ■ Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features. ■ Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate. ■ Isolated waters, waters that lack a significant nexus to navigable waters, or non - jurisdictional upland features should be identified as Non -Jurisdictional. Please include a justification in the label regarding why the feature is non jurisdictional (i.e. "Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations: ■ Wetland and non -wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non -wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) 6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Re ug latory-Permit- Program/Jurisdiction/ Version: May 2017 Page 5 Jurisdictional Determination Request ✓❑ Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form' ✓❑ Vicinity Map ✓❑ Aerial Photograph lv USGS Topographic Map IVI Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCWAM and/or NCWAM Assessment Forms and Rating Sheets ❑✓ NC Division of Water Resources Stream Identification Forms ❑ Other Assessment Forms ' www.saw.usace.army.mil/Portals/59/docs/re ug latorregdocs/JD/RGL_08-02_App A Prelim_ JD_ Form_fillable.pdf ' Please see hlW://www.saw.usace.g.M.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Version: May 2017 Page 6 Smith Mill Creek Restoration Project — Parcel Information Parcel Information: PIN: 962888877600000 Street Address: 1 Moose Heart Lane Asheville, NC 28806 Property Owner Information: Phaze Transition, LLC 327 Hillsborough street Raleigh, NC 27603 Parcel Information: PIN: 962898167800000 Street Address: 47 Carlton Place Asheville, NC 28806 Property Owner Information: Mark Robertson & Melanie Robertson 47 Carlton Place Asheville, NC 28806 Parcel Information: PIN: 962888449000000 Street Address: Providence Road (No Address Assigned) Ashevile, NC 28806 Property Owner Information: Shelby L. Gibson 4 Green Valley Court Asheville, NC 28806 Parcel Information: PIN: 962888242100000 Street Address: 108 Providence Road Asheville, NC 28806 Property Owner Information: Bruce C. Jensen & Rachel B. Jensen 108 Providence Road Asheville, NC 28806 Page I of 7 'i V kf 10 W H0 - t--W:-0 � t -,,� ,2 .-0Ct i i r1 Doc ID: 030726520007 Tyne: CRP RecFeeoAmt: $1,536� 01Page I of6 at 7729 PM Revenue Tax: $1,510.00 workflow# 0000387702-0001 Buncombe Countv, NC Drew Reisinger Register of Deeds BK5497 P01035-1041 NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 1,510.00 Parcel Identifier No. 9628-88-8776-00000 Verified by County on the day of , 20 By: Mail/Box to: John K. White 2000 Hendersonville Rd., Suite B Asheville NC 28803 ROD Box 48 This instrument was prepared by: Susan S. Barbour, a licensed NC attorney. Delinquent taxes, if any, to be paid by the closing attorney to the county tax collector upon disbursement of closing proceeds._ No title examination performed by deed preparer. File: 103253 Brief description for the Index: 1 Moose Heart Lane THIS DEED made December 91 , 2016, by and between GRANTOR GRANTEE Asheville Lodge No. 781 Loyal Order of Moose, Inc., a North Carolina nonprofit corporation PO Box 6786 Asheville, NC 28816-6786 Phaze Transition, LLC, a North Carolina limited liability company 3Q-i [VkM joYiTL4'� J� 4G41� NC oZ &0-3 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the City of Asheville, Buncombe County, North Carolina and more particularly described as follows: See attached Exhibit A incorporated herein. Page 2 of 7 EXHIBIT A 1 Moose Heart Lane In Buncombe County bounded on the North by the centerline of the Southern Railway tracts, on the East by the center of County Home Road and on the South and West by Section 6, 5 and 1 of Wilshire Park as shown on Plat Book 26, at Page 112 and lying on both sides of Smith Mill Creek and including Lot 12, Section 1 as shown on the above plat, Buncombe County Registry. BEGINNING at a stake at the intersection of Old County Horne Road with the centerline of the tracks of the Southern Railroad and runs thence with the center of County Home Road six calls as follows: South 580 34' East 16 feet, South 86' 50' East 350 feet, South 840 23' East 200 feet; South 890 42' East 350 feet to a stake; North 76' 25' East 204 feet to a stake, the northeastern corner of Lot 12, Section 1 of Wilshire Park as shown on a plat recorded in Plat Book 26, at Page 112, Buncombe County, NC Registry; runs thence South 5° 30' West crossing Smith Mill Creek 236 feet to the common corner of Lots 11 and 12 of the aforesaid plat; thence with the dividing line of Lots 11 and 12 North 85' 26' West 150 feet to a stake, in the eastern margin of Luke Street, common corner of Lots 11 and 12; runs thence with the eastern margin of Luke Street North 5° 30; East 12.56 feet to a stake; thence with a curve to the left with a radius of 40 feet 101.24 feet to the northeastern corner of Lot 17, Section 6 of Wilshire Park as shown on the aforesaid plat; thence with the northern line of Lot 17 four calls as follows: South 76' 27' West 139.52 feet, South 6211 08' West 95.9 feet to a stake westernmost corner of Lot 17; thence North 68' 12' West 55 feet, and South 62' 54' West 115 feet; thence with the western line of Lot 16, Section 6 of the aforesaid plat South 18' 40' East 323 feet to the common comer of Lots 15 and 16, Section 6 of the aforesaid plat; runs thence with the northern lines of Lots 6, 5, 4, and 3 of Section 6 the following courses and distances: South 65' 32' West 150 feet, South 58' 27' West 130 feet, South 50' 35' West 179.6 feet to the common corner of Lots 3 and 4, Section 6 of the aforesaid plat; runs thence South 50" 35' West 40 feet to the southeastern corner of Lot 1, Section 6 of the aforesaid plat; runs thence with the eastern line of Lot 1, Section 6, North 48° 09' West 100 feet to a stake; runs thence South 91' 24' West 66 feet to the eastern margin of Luther Street; runs thence North 70151' West with the northern line of Lot 20, Section 5 of the aforesaid plat crossing Luther Street at approximately 2439 feet to the common corner of Lots 20 and 13, Section 5 of the aforesaid plat; runs thence North 57' 48' West 9.87 feet; runs thence North 41 ° 49' West, crossing Smith Mill Creek 100 feet to the center of the Southern Railway tracks; runs thence with the center of the railroad tracks North 48' 11' East 553 feet to the point of the BEGINNING. SUBJECT to a 50 foot casement to extend Luke Street to the northeastern corner of Lot 12, Section 1, Wilshire Park and subject to utility rights -of -way of record, and to the easements of the Old County Home Road and Southern Railway. BEING all that property described in a deed to Asheville Lodge No. 781, Loyal Order of Moose, Inc. recorded in Book 928, at Page 219, Buncombe County, NC Registry. Page 3 of 7 3 The property hereinabove described was acquired by Grantor by instrument recorded in Book 928, Page 219, Buncombe County Registry All or a portion of the property herein conveyed does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book , at Page _. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: SUBJECT to easements, restrictions, rights of way(s) of record, and ad valorem taxes not yet due and payable. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. SIGNATURE AND ACKNOWLEDGMENT PAGES TO FOLLOW Page 4 of 7 SIGNATURE AND ACKNOWLEDGMENT PAGE FOR WARRANTY DEED Asheville Lodge No. 781 Loyal Order of Moose, Inc., a North Carolina nonprofit corporation Secretary (Administrator) State of North Carolina - County of Buncombe I, &,4S 4Vd 8 rb?1t �� a Notary Public of the aforesaid state and county do hereby certify that Ronald Bellomo, personally appeared before me this day and who produced satisfactory evidence of his identity in the form of a driver's license, and who acknowledged that he voluntarily executed the foregoing instrument for the purposes stated therein and that he is Secretary (Administrator) of Asheville Lodge No. 781 Loyal Order of Moose, Inc., a North Carolina nonprofit corporation, Grantor, and that he, as Secretary (Administrator), being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and Notarial stamp or seal this day of 2016. My Commission Expires: W fU6• 4d-),L- Notary Public 1a- t0--1c� (Affix Seal) ��>YiQ,tf'' otary's Printed or Typed Name ••�rrr•r.r��r. t�O'T ,.1 rtay'; .. �� . r „.3 ' t ' 4 • � 4811-3065-1197, v. 1 Page 5 of 7 SIGNATURE AND ACKNOWLEDGMENT PAGE FOR WARRANTY DEED Asheville Lodge No. 781 Loyal Order of Moose, Inc., a State of North Carolina - County of Buncombe 1, 1�tsSAf\J 5my t4O YoN MeW 1?,a Notary Public of the aforesaid state and county do hereby certify that Paul Lyle Johnson, personally appeared before me this day and who produced satisfactory evidence of his identity in the form of a driver's license, and who acknowledged that he voluntarily executed the foregoing instrument for the purposes stated therein and that he is Vice President of Asheville Lodge No. 781 Loyal Order of Moose, Inc., a North Carolina nonprofit corporation, Grantor, and that he, as Vice President, being authorized to do so, executed the foregoing on behalf of the corporation, Witness my hand and Notarial stamp or seal this _,2_ day of 2016. My Commission Expires: A4Zj `✓ "'Notary Public 1a• (n- Spa SQ5444 �S) AY*b4W (Affix Seal) Notary's Printed or Typed Name Page 6 of 7 E, AFFIDAVIT AND CERTIFICATE OF INCUMBENCY ASHEVILLE LODGE NO.781 LOYAL ORDER OF THE MOOSE, INC., a North Carolina nonprofit corporation The undersigned, Administrator (Secretary) of ASHEVILLE LODGE NO.781 LOYAL ORDER OF THE MOOSE, INC., a North Carolina nonprofit corporation (the "Corporation"), hereby affirms and certifies as follows: 1. That he is the duly elected, qualified and acting Administrator (Secretary) of the Corporation and is charged with maintaining the records and minutes of the Corporation. 2. The Corporation is a nonprofit corporation in good standing with the State of North Carolina. 3. The Corporation is a Member in good standing with the Supreme Lodge of the World, Loyal Order of the Moose and whose charter was instituted as of September 12, 1923. 4. The Corporation has adopted as its By-laws, the Book of General Laws of the Moose International and the Supreme Lodge of the Loyal Order of Moose dated as of July 1, 2014 (herein "By-laws"). 5. As required by Section 46.6 of the By-laws, after the giving of not less than seven days prior written notice, the Board of Officers and Administrator held a special meeting of the members on September 12, 2015 for the purpose of approving the sale of the Corporation Property located at 1 Mooseheart Lane, Asheville, NC 28806 (the "Property") and at such meeting the members approved the plan of sale of the Property. 6. The office of Governor General approved the sale of the property following the special meeting of the Members. 7. The sale of the Property to Phaze Transition, LLC for a sale price of $755,000.00 has been approved by the Membership and the office of Governor General. 8. That pursuant to the Corporation's By -Laws, the following named persons are designated and appointed to the office indicated below and that said person does continue to hold such office at this time, and the signature set forth opposite the name is h"enuine signature. Paul Lyle JohnsonZ� Ronald Bellomo Governor (Vice President) iistrator (Secretary) 9. That pursuant to the Corporation's By -Laws, Paul Lyle Johnson and Ronald Page 7 of 7 17 Bellorno were given sufficient authority to act on behalf of and to bind the Corporation with respect to transactions involving the sale of the Property, and that the execution by said persons of any and all documents necessary to consummate such sale transaction constitute a legally binding and enforceable obligation of the Corporation. 10. That pursuant to the Corporation's By -Laws, undersigned as Administrator of the Corporation has the power and authority to execute this certificate on behalf of the Corporation and that he has so executed this certificate this day of December, 2016. 11. This Affidavit and Certificate of Incumbency can be executed in counterparts which will constitute one and the same document. Signature: (SEAL) Name: Ronald Bellomo Title: Administrator (Secretary) CONFIRMED BY: LZ4.d� L�& Byron G. ton, Sr. Assistant Governor General, Moose International And the Supreme Lodge of the Loyal Order of Moose Page 1 of 2 There are no delinquent taxes that are a lien the parcel(s) described in the deed which the Buncombe County Tax Collector is charged with collecting. 11-13-2018 qp0 Date Deputy Tax Collector Excise Tax $ 0 Type: CONSOLIDATED REAL PROPERTY Recorded: 11/13/2018 1:45:25 PM Fee Amt: $26.00 Page 1 of 2 Revenue Tax: $0.00 Buncombe County, NC Drew Reisinger Register of Deeds BK 5719 PG 1096 - 1097 DEED OF CORRECTION Tax Parcel Identifier No. 9628 98 1678 Mail after recording to BIGGERS & ASSOCIATES, PLLC, 79 Woodfm Pl, Ste 211, Asheville, NC 28801 (Box 98) This instrument was prepared by: William T. Biggers, BIGGERS & ASSOCIATES, PLLC This instrument prepared by William T. Biggers, a licensed NC attorney. Brief Description for the index I Lt 16 & 17; Sec 6; PB 26/112 1111S I)EE) made this 08th day of November, 2018 GRANTOR DAVID S. MITCHELL and wife, ELLEN W. MITCHELL Whose mailing address is: 10 School Rd Asheville, NC 28806 and between GRANTEE MARK ROBERTSON and wife, MELANIE ROBERTSON Whose mailing address is: 47 Carlton Place Asheville, NC 28806 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantee in fee simple, all that certain lot or parcel of land situated in Buncombe County, North Carolina and more particularly described as follows: KNOWN AS 47 Carlton Place, Asheville, NC 28806 BEING ALL of Lots Nos 16 and 17 of Section No 6 of Wilshire Park as shown on plat duly recorded in the Buncombe County Register of Deeds Office in Plat Book 26 page 112, EXCEPT a strip 3.4 feet wide running west from Carlton Place along the southern line of Lot No. 16 for a distance of 127.18 feet. BEING the same property described in Book 4255 page 1256, Buncombe County Registry. PIN 9628 96 1678 THIS DEED OF CORRECTION IS BEING EXECUTED IN ORDER TO CORRECT THE TYPOGRAPHICAL ERROR ON THE PLAT BOOKPAGE NUMBER ON THE ORIGINAL DEED IN BOOK 4255 PAGE 1256. A map showing the above described property is recorded in Plat Book 26, Page 112. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to Grantee in fee simple. Submitted electronically by "BIGGERS & ASSOCIATES, PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Buncombe C&Ub&j1W- jterP ofDeel696 Seq: Book: 5719 Page: 1096 Page 1 of 2 Page 2 of 2 And Grantor covenants with Grantee, that Grantor is seised of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: Ad valorem taxes for the current year and subsequent years, easements and restrictions of record, and any local, county, state, or federal laws, ordinances, or regulations relating to zoning, environment, or in use as such may cross or otherwise affect the premises, subdivision, occupancy, use, construction, or development of the subject property, including existing violations of said laws, ordinances, or regulations. IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals, the day and year first above written. d`) mac EAL) / C.-U16 (SEAL) DAVID S. MITCHELL ELLEN W. MITCHELL Seal -Stamp State of North. Carolina, County of Buncombe 1, a Notary Public of said County and State, certfLy that DAVID S. MITCHELL and wife, ELLEN W. MITCHELL personally appeared before me this day and acknowledged the due execution of the foregoing instrument. ®1 A Witness my hand and official seal, this the g day of November, 2018. L� ® ,►" k4a Notary Public •••••• Print_ �✓C1�.���1 1�-P My commission expires: S"� ,a... ....... R. .0 B 0C) �__... Book: 5719 Page: 1096 Seq: 2 Book: 5719 Page: 1096 Page 2 of 2 Page 1 of 3 Type: CONSOLIDATED REAL PROPERTY Recorded: 11/1/2019 2:19:03 PM Fee Amt: $95.00 Page 1 of 3 Revenue Tax: $69.00 Buncombe County, NC Drew Reisinger Register of Deeds BK 5829 PG 3 - 5 There are no delinquent taxes that are a lien the parcel(s) described in the deed which the Buncombe County Tax Collector is charged with collecting. 11-01-2019 6 �, (/ /6,4LL Date Deputy Tax Wlector NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax $69.00 Parcel Identifier No. 9628-88-4490-00000 This instrument has been prepared by Ronald E. Sneed, a licensed North Carolina attorney. Delinquent taxes, if any, will be paid by the closing attorney to the county tax collector upon disbursement of the closing proceeds. 19-370.PS Mail after recording to Law Office of John K. White, Jr., PLLC (Box #___) Brief description for the Index Lot 1, Blk 6, P/B 26 ,PG 112 THIS DEED made this a dav of 04taely , 2019, by and between GRANTOR GRANTEE MARK L. MANUEL SHELBY LEMAY GIBSON and wife ANGELA T. MANUEL 4 Green Valley Court P. O. Box 562 Asheville, NC 28806 Black Mountain, NC 28711 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Town of Asheville, Township, Buncombe County, North Carolina and more particularly described as follows: AS SET OUT IN THE ATTACHED EXHIBIT A WHICH IS HEREBY INCORPORATED BY REFERENCE AS IF FULLY SET OUT HEREIN submitted electronically by "Law office of John K. white, Jr. PLLC" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Buncombe County Register of Deeds. Book: 5829 Page: 3 Seq: 1 Book: 5829 Page: 3 Page 1 of 3 Page 2 of 3 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. The property hereinabove described was acquired by Grantor by instrument recorded in Deed Book 5515 at Page 1982, and Deed Book 5261 at Page 48, Buncombe County Registry. A map showing the above described property is recorded in Plat Book 26 page 112. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is hereby conveyed subject to all ad valorem taxes for the current year (prorated through the date of Settlement); utility easements and unviolated covenants. conditions or restrictions that do not materially affect the value of the Property. IN WITNESS WHEREOF, the Grantor has set his hand and seal, or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers and its seal to be hereunto affixed by authority of its Board of Directors, the day and year first above written. L. MANUEL PV f JW0Xk' ANGELA T. MANUEL SEAL/STAMP NORTH CAROLINA, BUNCOMBE COUNTY. I certify that the following person personally appeared before me this day acknowledging that they signed the foregoing document: MARK L. MANUEL and wife, ANGELA T. MANUEL \��%%1111 flliii Dated: n y0 1s� 1 i n 0l �\ My commission expires: �o Book: 5829 Page: 3 Seq:2 Book: 5829 Page: 3 Page 2 of 3 Page 3 of 3 EXHIBIT A BEING all of Lot 1 of Block 6 of Wilshire Park, Inc., as shown on a plat thereof, which said Plat is recorded in Plat Book 26 at Page 112, Buncombe County Registry, reference to which said Plat is hereby made for a more particular description of said property. And Being the same property described in Deeds recorded in Book 5261 at Page 48 and Book 5515 at Page 1982, Buncombe County Registry. Book: 5829 Page: 3 Seq: 3 Book: 5829 Page: 3 Page 3 of 3 Page I of 2 I I{{II{I Illll{ III1{II{ ll{II Il{II {Ill{ Illll Illll {IIII {{III l{III NII1 {1111 Illl I{ll Doc ID: 027438500002 Tvpe: CRP Recorded: 10/31/2014 at 02:13:27 PM Fee Amt: $43.00 Paae i of 2 Revenue Tax: $17.00 workflow# 0000243338-0001 Buncombe Countv. NC Drew Reisinaer Resister of Deeds BK5256 PG1805-1806 Excise Tax: $17.00 Prepared by: John C. Frue, Attorney 20 Battery Park Avenue, Suite 405 Asheville, North Carolina 28801 COMMISSIONER'S DEED Return to: John C. Frue, Attorney, Box #78 THIS DEED, made this the 31th day of October, 2014, by and between John C. Frue, Commissioner, hereinafter sometimes referred to as "Grantor", and Rachel B. Jensen and husband, Bruce C. Jensen,108 Providence Road, Asheville, North Carolina 28806, hereinafter sometimes referred to as "Grantee." W ITNESSETH: THAT WHEREAS John C. Frue was appointed commissioner by Judgment in the tax foreclosure proceeding entitled "Buncombe County, a Body Politic and Corporate, Plaintiff, Vs. AREA 51, INC. (14 CvD 3137); and John C. Frue was Ordered by said Judgment as Commissioner to sell the property hereinafter described at public sale after due advertisement according to law; and WHEREAS John C. Frue, Commissioner, did on the 7h day of October, 2014, at 11:00 am offer the land hereinafter described at a public sale at the Buncombe County Courthouse door, and Rachel B. Jensen and husband, Bruce C. Jensen became the last and highest bidder for said land for the sum of $ 8,100.00; and no upset or increased bid having been made within the time allowed by law, and the sale having been confirmed on October 24, 2014 and John C. Frue, Commissioner, having been ordered to execute a deed to the purchaser upon payment of the purchase money; NOW THEREFORE, in consideration of the premises and the sum of $ 8,100.00, receipt of which is hereby acknowledged, John C. Frue, Commissioner, Grantor, does hereby bargain, sell and Commissioner's Deed Buncombe County Vs. Area 51 14 CvD 3137 Book:5266 Page: 1805 Seq: 1 Book: 5256 Page: 1805 Page 1 of 2 Page 2 of 2 convey unto Rachel B. Jensen and husband, Bruce C. Jensen Grantee, his/their/its successors and/or assigns forever, that certain tract or parcel of land, situate, lying and being in Buncombe County, North Carolina and being more particularly described as follows: That the Property is shown on the Buncombe County tax records as PIN: 9628-88-2421-00000 and further described as follows: Lying and being in Buncombe County, North Carolina: BEING ALL of Lot 19 and Lot 20 of Block 5 of Willshire Park, Inc., as shown on a Plat thereof, which said Plat is recorded on Plat Book 26, at Page 112, Buncombe County, North Carolina, Registry, reference to which said Plat is hereby made for a more particular description of said Property. Being portions of that certain tract or parcel of land as set forth and described in a Deed dated August 7, 2012 from Jay -Mar Properties, LLC, a North Carolina Limited Liability Company to Area 51, Inc., a Nevada corporation recorded in Deed Book 5007, Page 1699, Buncombe County, North Carolina Registry, reference to which is hereby made for a more particular description. TO HAVE AND TO HOLD the said land and premises, and all privileges and appurtenances thereto belonging, unto the said Grantee, their successors and/or heirs and assigns forever, in as full and ample manner as the said Commissioner is authorized and empowered to convey the same. The words Grantor and Grantee shall include and be applicable to the parties hereto, whether singular, plural or corporate. IN WITNESS WHEREOF, John C. Frue, Commissioner has caused the due execution of the foregoing the day and year above written. &-— John C. Frue, Commissioner STATE OF NORTH CAROLINA COUNTY OF BUNCOMBE I, the undersigned Notary Public of the County and State aforesaid, certify that John C. Frue, Commissioner personally known to me or proven by satisfactory evidence, personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this 31th da {Jo 2g14. My commission expires: 01-07-15 Notes, J�-- North ah S. Raifsnider, otary Public e., Commissioner's Deed Buncombe County Vs. Area 51 14 CvD 3137 Book:5266 Page: 1805 Seq:2 Book: 5256 Page: 1805 Page 2 of 2 PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 3/3/2020 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Wildlands Engineering, Inc., Jordan Hessler, 167-B Haywood Road, Asheville, NC 28806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Smith Mill Creek Restoration Project, N/A D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: 1 Moose Heart Lane, Asheville, NC 28806 (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: North Carolina County: Buncombe City: Asheville Center coordinates of site (lat/long in degree decimal format): Latitude: 35.589099 Longitude:-82.602724 Universal Transverse Mercator: UTM 17 Name of nearest waterbody: Smith Mill Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s):8/28/19 TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Estimated amount Geographic authority Type of aquatic of aquatic to which the aquatic Latitude Longitude resources (i.e., Site Number (decimal (decimal resources in review wetland vs. resource "may be" area (acreage and subject (i.e., Section degrees) degrees) non -wetland linear feet, if waters) 404 or Section applicable 10/404) Non -wetland 1.) Smith Mill Creek 35.588601 -82.605810 1,742 LF Section 404 waters Non -wetland 2.) UT1 35.589385 -82.601344 38 LF Section 404 waters 2.) UT21 35.588735 -82.602523 107 LF Non -wetland Section 404 waters Wetland 3.) Wetland A 35.589213 82.601426 0.29 Acres Section 404 waters 1 UT2 is a pipe stream. The pipe outlet could not be located but a sinkhole in the yard reveals a pipe joint with flowing water during dry weather. The lat/long is the location of the sinkhole 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 NWT 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. Appropriatcly reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: GIS figures includingVcinity, USGS Topographic, Delineation, Soils, & PCN Impacts ® 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: 1:24,000 Asheville quadrangle ® Natural Resources Conservation Service Soil Survey. Citation: NRCS Web Soil Survey Website ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodetic Vertical Datum of 1929) ® Photographs: ®Aerial (Name & Date): 2015 aerial on GIS figures with submittal. or ®Other (Name & Date): Representative site photos with submittal. ❑ 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 DATE 3-3-2020 Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority. AR 335-15, paragraph 5-2a) Project/Site: Smith Mill Creek Restoration Project City/County: Asheville/ Buncombe Sampling Date: 8-28-19 Applicant/Owner: Wildlands Engeering, Inc. State: NC Sampling Point: DP1 Investigator(s): Jordan Hessler Section, Township, Range: N/A Landform (hillside, terrace, etc.): floodplain Local relief (concave, convex, none): concave Slope (%): 1 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.589213 Long:-82.601426 Datum: NAD83 Soil Map Unit Name: Tate -Urban land complex (TmC) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes X 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 X No Is the Sampled Area Hydric Soil Present? Yes X No within a Wetland? Yes X No Wetland Hydrology Present? Yes X No Remarks: Data point taken within wetland A. 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) x Surface Water (Al) x True Aquatic Plants (1314) _ Sparsely Vegetated Concave Surface (138) x High Water Table (A2) —Hydrogen Sulfide Odor (Cl) _ Drainage Patterns (B10) x Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) —Water Marks (131) X Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) x Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) —Crayfish Burrows (C8) x 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 (69) _ Microtopographic Relief (D4) Aquatic Fauna (1313) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 1 Water Table Present? Yes x No Depth (inches): 6 Saturation Present? Yes x No Depth (inches): 0 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: Wetland Hydrology present ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DPI Absolute Dominant Indicator Tree Stratum (Plot size: 10 ) % Cover Species? Status Dominance Test worksheet: 1. Acer rubrum 10 Yes FAC Number of Dominant Species 2. That Are OBL, FACW, or FAC: 4 (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: 100.0% (A/B) 7. Prevalence Index worksheet: 10 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 5 20% of total cover: 2 OBL species 15 x 1 = 15 Sapling/Shrub Stratum (Plot size: 10 ) FACW species 10 x 2 = 20 1. Acer rubrum 15 Yes FAC FAC species 115 x 3 = 345 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 140 (A) 380 (B) 5. Prevalence Index = B/A = 2.71 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. X 3 - Prevalence Index is !-3.0' 15 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 8 20% of total cover: 3 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Microstegium vimineum 65 Yes FAC 'Indicators of hydric soil and wetland hydrology must be 2. Persicaria sagittata 15 No OBL present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. impatiens capensis 10 No FACW 4. rubus ssp 5 No Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 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. 95 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 48 20% of total cover: 19 height. Woody Vine Stratum (Plot size: 5 ) 1. Vitis rotundifolia 25 Yes FAC 2. 3. 4. 5. Hydrophytic 25 =Total Cover Vegetation 50% of total cover: 13 20% of total cover: 5 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP1 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) % Type' Loc2 Texture Remarks 0-3 10YR 6/1 95 7.5YR 4/6 5 RM M Loamy/Clayey- 3-6 10YR 5/1 75 7.5YR 4/6 25 RM M Loamy/Clayey 6-15 10YR 5/1 70 7.5YR 5/8 30 RM M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (A1) _ 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): Remarks: _ Polyvalue Below Surface (S8) (MLRA 147, 148) _Thin Dark Surface (S9) (MLRA 147, 148) —Loamy Mucky Mineral (F1) (MLRA 136) _ Loamy Gleyed Matrix (F2) X 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 X No ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 U.S. Army Corps of Engineers OMB Control #: 0710-xxxx, Exp: Pending WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Requirement Control Symbol EXEMPT: See ERDC/EL TR-07-24; the proponent agency is CECW-CO-R (Authority. AR 335-15, paragraph 5-2a) Project/Site: Smith Mill Creek Restoration Project City/County: Asheville/ Buncombe Sampling Date: DP2 Applicant/Owner: Wildlands Engineering, Inc. State: NC Sampling Point: DP2 Investigator(s): Jordan Hessler Section, Township, Range: N/A Landform (hillside, terrace, etc.): Floodplain Local relief (concave, convex, none): None Slope (%): 0 Subregion (LRR or MLRA): LRR N, MLRA 130B Lat: 35.589292 Long:-82.601375 Datum: NAD83 Soil Map Unit Name: Tate -Urban land complex (TmC) NWI classification: N/A Are climatic / hydrologic conditions on the site typical for this time of year? Yes x 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 X No Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes X No Remarks: Data point taken within floodplain of Smith Mill Creek. The data points meets hydrology & vegetation requirement. The point was taken to be a representative sample of the stream bank. 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 (B10) X 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) x 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 (69) _ 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 x No Depth (inches): 6 Wetland Hydrology Present? Yes X No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: DP2 Absolute Dominant Indicator Tree Stratum (Plot size: 10 ) % Cover Species? Status Dominance Test worksheet: 1. Acer negundo 20 Yes FAC Number of Dominant Species 2. Prunus serotina 10 Yes FACU That Are OBL, FACW, or FAC: 7 (A) 3. Acer rubrum 10 Yes FAC Total Number of Dominant 4. Juglans nigra 10 Yes FACU Species Across All Strata: 10 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 70.0% (A/B) 7. Prevalence Index worksheet: 50 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 25 20% of total cover: 10 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 10 ) FACW species 30 x 2 = 60 1. Clethra acuminata 20 Yes UPL FAC species 60 x 3 = 180 2. Acer negundo 5 No FAC FACU species 20 x 4 = 80 3. Ligustrum japonicum 5 No UPL UPL species 25 x 5 = 125 4. Column Totals: 135 (A) 445 (B) 5. Prevalence Index = B/A = 3.30 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. X 2 - Dominance Test is >50% 9. 3 - Prevalence Index is !-3.0' 30 =Total Cover _ 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 15 20% of total cover: 6 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5 ) -Problematic Hydrophytic Vegetation' (Explain) 1. Impatiens capensis 15 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Microstegium vimineum 10 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Rudbeckia laciniata 10 Yes FACW 4. Boehmeria cylindrica 5 No FACW Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. more in diameter at breast height (DBH), regardless of 6 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. 40 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 20 20% of total cover: 8 height. Woody Vine Stratum (Plot size: 5 ) 1. Vitis rotundifolia 10 Yes FAC 2. Toxicodendron radicans 5 Yes FAC 3. 4. 5. Hydrophytic 15 =Total Cover Vegetation 50% of total cover: 8 20% of total cover: 3 Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Data point meets dominance test but fails Prevalance index. ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: DP2 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) % Type' Loc2 Texture Remarks 0-7 10YR 4/4 100 Loamy/Clayey 7-11 10YR 5/4 100 Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. Hydric Soil Indicators: _ Histosol (A1) _ 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: gravel Depth (inches): 11 Remarks: No hydric soils present _ 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 ENG FORM 6116-4-SG, JUL 2018 Eastern Mountains and Piedmont — Version 2.0 NC DWQ Stream Identification Form Version 4.11 Date: 12U ` Project/SiteSm t h i c Latitude: %, �` '' ✓ ; Evaluator:-� + County: R Yj Longitude: Y� �y1 Total Points: I 1 Stream is at least intermittent � A� J Stream Determination (circle_gtl Ephemeral Intermittent Perennial Other / , e.g. Quad Name:( l if>_ 19 or perennial if a, 30' PW A. Geomorphology (Subtotal = ' ( 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 01 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 artificial ditches are not rated; see discussions in manual B. Hvdroloav (Subtotal = 11 . 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 1.5 16. Organic debris lines or piles 0 0.5 1.5 17. Soil -based evidence of high water table? No = 0 Yes =, C. Bioloav (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 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 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: NC DWQ Stream Identification Form Version 4.11 Date: �'� G1 Project/Site: 11SA I p IQ" Latitude: 5 3 ? Evaluator: I - County: r Cn-Y-) ipe- Longitude:. Total Points: Stream is at least intermittent Stream Determi ircle one) Other if>_ 19 or perennial if>_ 30` Ephemeral I ermittent Perennial P e. Quad Name: 9 A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1a, Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0=1 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 `artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 3 14. Leaf litter 1.5 1 �00 0 15. Sediment on plants or debris 0 0.5 l 1.5 16. Organic debris lines or piles 0 1 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = C. Biology (Subtotal = r 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 m, 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 Ajo-1,!!:, 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: - �V - ( - t cu.I V f- L Sketch: belict tki kSh