HomeMy WebLinkAbout20060784 Ver 4_401 Application_20170911CLearWaLer
Clearwater Environmental Consultants, Inc.
September 7, 2017 N%r w.c,*venv.com aU
Mr. David Brown C)4
US Army Corps of Engineers V
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-2638
Ms. Karen Higgins
NC DWR, 401 Permitting & Buffer Unit
512 N. Salisbury Street, 9" Floor
Raleigh, North Carolina 27604
RE: Slab Town Road (+/- 1.3 AC)
Nationwide Permit 12
SAW -2012-01756
Jackson County, North Carolina
Dear Mr. Brown and Ms. Higgins,
oCC�C b
1 1 201)
The attached Pre -Construction Notification (PCN) is being submitted on behalf of Bryson Land
LLC represented by Mr. James P. Bryson. The project site is located off Slab Town Road in
Jackson County, North Carolina. The applicant is seeking a Nationwide Permit 12 for the
authorization of temporary wetland and stream impacts associated with the installation of a water
and sewer line.
A Nationwide Permit 12 was previously issued on November 8, 2012 under Action ID SAW -
2012 -01756 for utility line impacts. However, work at the project site was never initiated and the
permit has since expired.
A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources
Commission and Mr. Zan Price of the NC Division of Water Resources.
Please do not hesitate to contact me at 828-698-9800 if you have any questions or comments.
Sincerely,
G.
aylie A. Yank a
Biologist
cc:
NC Wildlife Resources Commission — Andrea Leslie
NC Division of Water Resources — Zan Price
S7.e_T
R. Clement Riddle, P.W.S
Principal
Preliminary ORM Data Entry Fields for New Actions
SAW — 201 - BEGIN DATE [Received Date]:
Prepare file folder F1 Assign Action ID Number in ORM FI
1. Project Name [PCN Form A2a]: Slab Town Road
2. Work Type: Private 14 Institutional 11 Government F1 Commercial 0
3. Project Description / Purpose [PCN Form B3d and B3e]:
Authorization of temporary stream and wetland impacts for the installation of a water and sewer line.
4. Property Owner / Applicant [PCN Form A3 or A4]:
Bryson Land LLC (Mr. James P. Bryson)
5. Agent / consultant [PCN Form AS — or ORM Consultant ID Number]: ClearWater Environmental Consultants
6. Related Action ID Number(s) [PCN Form 135b]: SAW Action ID 2012-01756
7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form Bib]:
35.116431, -83.109630; The proposed project is located off Slab Town Road.
8. Project Location -Tax Parcel ID [PCN Form Bla]: 7572-02-9163
9. Project Location — County [PCN Form A2b]: Jackson
10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Cashiers
11. Project Information — Nearest Waterbody [PCN Form B2a]: UT Chattooga River
12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: Savannah/03060102
Authorization: Section 10 F-1 Section 404 R Section 10 & 404 F1
Regulatory Action Type:
Standard Permit
Nationwide Permit # 12
Regional General Permit #
0 Jurisdictional Determination Request
Pre -Application Request
Unauthorized Activity
Compliance
No Permit Required
Revised 20150602
CLearWaLer
Department of the Army
Wilmington District. Corps of Engineers
Attn: Scott McLendon, Chief Regulatory Division
PO Box 1890
Wilmington, NC 28402-1890
-and-
NC DWR, Webscape Unit
Attn: Karen Higgins
512 North Salisbury Street
Raleigh, North Carolina 27604
1, the current landowner/managing partner of the property identified below, hereby
authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my
agent during the processing of permits to impact Wetlands and Water of the US that are
regulated by the Clean Water Act and the Rivers and Harbors Act.
CEC is authorized to provide supplemental information needed for permit processing at
the request of the USAGE or DWR. J
Property Owner of Record: 8 �_ Sb h "_ Q r?
Property Owner Address
Phone Number:
P.D. 33ok 11!-s
�ql IV C F-7
?�L SL —Sa6 - I
Email address: J r fD i
------- -� - - -- - - — -- cet -- --(- -
PropertyLocation: J�fC<�L�
1
O.+ner'Managmg partner Signature:
77
p p
Owner/Managing printed name: jci
32 Ua io[, �Lrect
Asheville, NC28801
Phom - }{28_698-9800
\Y\YWCWCM Gom
8/25/2017
Printed: 11 JAN 2017 - by 0
CARD 1 OF 1
Description
Parcel : 7572-02-9163 US 64
maps.jacksonnc.org/gomapsags/prc.cfm?ObjectlD=31664
Jackson County NC Property Record Card
Tax Districts
FS1 CASHIERS FIRE TAX
-------------- OWNER INFORMATION --------------
ACCT: 124485 BRYSON LAND LLC
PO BOX 1115
HIGHLANDS NC 28741-1115
--------- PROPERTY FACTORS ----------
Topography Utilities
R ROLLING E ELECTRIC
W WATER
S SEPTIC
View Streets/Roads
S PVD SECONDARY
Page: 1
Tax Year : 2017
----------- SALES INFORMATION ------------
Date Sales Price Vld Sale Bk/Pg
10/14/04 - No 1456/351
---------- MISCELLANEOUS INFORMATION ---------- j ------- ENTRANCE INFORMATION -------- I ------------- VALUE SUMMARY
Township
CASHIERS
Date
Type
Source
Appraiser
Assessed
Current
Address
650 US 64 W
01/08/16
44
Estimate
ADM
Land
939,010
939,010
Zoning
CCG CASHIERS COMM GENERAL
02/25/09
LS
Ltr Sent
SYS
Bldg
0
0
Nbrhood
07100 CASHIERS COMMERCIAL
01/16/09
16
Estimate
ALS
Tot Appr
939,010
939,010
Map j Rte:
7572.03 1
03/11/08
25
Estimate
LKF
Defer
0
0
Class :
RS RESIDENTIAL 1
Net Taxable
939,010
939,010
Remarks:
No Remarks on file
--- LAND DATA ---
# MTH TYPE
1 A 0500 COMM PRIMARY
2 A 0503 COMM RESIDUAL
3 A 0110 RESIDENTIAL
Total Acres : 10.46
--- OUTBUILDINGS ---
BLDG* TYPE MTH DESCRIPTION
Printed: 11 JAN 2017 - by 0
CARD 1 OF 1
Parcel 7572-02-9163 US 64
Owner : 124485 BRYSON LAND LLC
UNIT -----------V A L U E S ----------- LAST UPDATED BY TA on 01/09/2014
SIZE PRICE %ADJ APPR DEFER TAX LAST COMPUTED BY LKF on 01/11/2017
1.65 337,500 556,880 0 556,880
6.02 60,000 361,200 0 361,200
2.79 30,000 CE -75 20,930 0 20,930
Land Totals 939,010 0 939,010
YEAR EFF YR
REMARKS WIDTH LENGTH AREA GRD BUILT BUILT COND PHYS FUNC ECON TAX VALUE
CARD 1 OUTBUILDING VALUE 0
End of Page 1
Jackson County NC Property Record Card
------------- BUILDING DESCRIPTION-------------
VAL METHOD
USE CODE
STYLE
NBR STORIES
WALL HEIGHT
FOUNDATION
EXTERIOR WALL
YR BUILT / EFF
CONDITION
GRADE
DESIGN FACTOR
ROOF TYPE
ROOF COVER
BSMT AREA / VALUE NO BASEMENT
LOFT/ATTIC NO ATTIC
INTERIOR FLOOR
INTERIOR WALL
Nbrhd: 07100 CASHIERS COMMERCIAL
Address: 650 US 64 W
Page: 2
http://maps.jacksonnc.org/gomapsags/prc.cfm?ObjectlD=31664 1/2
8/2512017 maps.jacksonnc.org/gomapsags/prc.cfm?ObjectlD=31664
ROOMS / BDRMS /
FULL / HALF BATHS : 0 / 0 ADDL FIX: 0
FIREPLACE TYPE/CNT:
FIREPLACE OPENINGS: 0 CHIMNEY(S): 0
AIR COND PCT
SPRINKLER PCT
HEATING TYPE
HEATING FUEL
OTHER FEATURES
% COMPLETE
DESCRIPTION
REMARKS
Heated Sq Ft
----------------- BUILDING SECTION DETAIL -----------------
LN SEC TYPE DESCRIPTION AREA VALUE #ST P% F%
------------- BUILDING COMPUTATION -------------
RCN
PHYS DEPR
FUNC DEPR
ECON DEPR
% COMPLETE
RCNLD
TOTAL PARCEL IMAGES: 0
End of Page 2
http://maps.jacksonnc.org/gomapsags/prc.cfm?ObjectlD=31664 212
O�0F W AT T.
Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.3 Dec 10 2008
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
Pre -Construction Notification PCN Form
A. Applicant Information
1.
Processing
1a.
Type(s) of approval sought from the
Corps:
® Section 404 Permit El Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number: 12 or General Permit (GP) number:
1c.
Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d.
Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
1 e.
Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
❑ Yes ® No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation
of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu
fee program.
❑ Yes
0 No
1 g.
Is the project located in any of NC's twenty coastal counties? If yes, answer
1 h below.
❑ Yes
® No
1h.
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2.
Project Information
2a. Name of project:
Slab Town Road
2b. County:
Jackson
2c.
Nearest municipality / town:
Cashiers, NC
2d. Subdivision name:
N/A
2e.
NCDOT only, T.I.P. or state
project no:
N/A
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Bryson Land LLC
3b.
Deed Book and Page No.
1456/321
3c.
Responsible Parry (for LLC if
applicable):
Mr. James P. Bryson
3d.
Street address:
PO Box 1115
3e.
City, state, zip:
Highlands, NC 28741
3f.
Telephone no.:
N/A
3g.
Fax no.:
N/A
3h.
Email address:
N/A
Page 1 of 11
PCN Form — Version 1 3 December 10, 2008 Version
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
5. Agent/Consultant Information (if applicable)
5a. Name:
R. Clement Riddle
5b. Business name
(if applicable):
Clearwater Environmental Consultants, Inc. (CEC)
5c. Street address:
32 Clayton Street
5d. City, state, zip:
Asheville, NC 28801
5e. Telephone no.:
828-698-9800
5f. Fax no.:
n/a
5g. Email address:
kaylie@cwenv.com
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
7572-02-9163
1b. Site coordinates (in decimal degrees):
Latitude: 35.116431 Longitude: -83.109630
(DD.DDDDDD) (-DD.DDDDDD)
1c. Property size:
+/- 10.46 AC (Parcel), +/- 1.3 AC (Project Boundary)
2. Surface Waters
2a. Name of nearest body of water (stream, river, etc.) to
proposed project:
UT Chattooga River (Headwaters Chattooga River)
2b. Water Quality Classification of nearest receiving water:
B; Tr; ORW
2c. River basin:
Savanna h/03060102
Page 2 of 11
PCN Form — Version 1.3 December 10, 2008 Version
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
A portion of the property parcel (2.70 acres) on which the project is located has been placed into a conservation
easement. However, the utility easements referenced within this application have been surveyed and are shown on
Figure 3.1. The site has been previously cleared and consists of scrub shrub and palustrine emergent vegetation.
General land use in the vicinity is primarily residential and commercial.
3b. List the total estimated acreage of all existing wetlands on the property:
There is approximately 0. 16 acre of wetland located within the project boundary.
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property:
There is approximately 293 linear feet of stream located within the project boundary.
3d. Explain the purpose of the proposed project:
The purpose of the proposed project is to authorize temporary wetland and stream impacts for the installation of a water
and sewer line.
3e. Describe the overall project in detail, including the type of equipment to be used:
The project includes the installation of a water and sewer line (Figure 3.1 and Figure 3.2). These infrastructural
improvements are associated with the resale or future development of the remaining 9.76 acres of available land (not
included in the conservation easement) within the project parcel. Typical construction and earth moving equipment would
be utilized. Erosion control devices and best management practices would be utilized as well. The utility lines would be
installed using the "trench -cut" method. After installation, impacted wetlands and stream beds and banks would be
returned to original contours and stabilized with matting and appropriate seed (Figure 3.3 and Figure 3.4). No work will be
conducted within the streams and stream buffers during October 15 to April 15 in accordance with the trout moratorium.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
® Yes ❑ No ❑ Unknown
project (including all prior phases) in the past?
Comments: See Attachment A
4b. If the Corps made the jurisdictional determination, what type
❑ preliminary ® Final
of determination was made?
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company: USACE
Name (if known): Fish and Wildlife Associates
Other: David Brown
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
An approved jurisdictional determination was issued on November 8, 2012 under action ID SAW -2012-01756. This
determination was issued in conjunction with a nationwide permit and is included in Attachment A.
S. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past? See
® Yes ❑ No ❑ Unknown
Attachment A
5b. If yes, explain in detail according to "help file" instructions.
A Nationwide Permit 12 was issued by the USACE on November 8, 2012 under Action ID SAW- 2012-01756. The permit
authorized 40 linear feet of temporary stream impacts (four stream crossings) to unnamed tributaries of the Chattooga River
for the installation of a water and sewer line. Work at the site was never initiated and the permit has since expired.
A Nationwide Permit 29 was issued by the USACE in 2007 under Action ID SAW -2007-02196-350 for permanent fill impacts.
These impacts have been completed.
Page 3 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Development will not occur within the 1.3 -acre project boundary once installation of the proposed utility line(s) has been
completed.
C. Proposed Impacts Inventory
1. Impacts Summary
1a. Which sections were completed below for your project (check all that apply):
® Wetlands ® Streams - tributaries ❑ Buffers
❑ Open Waters ❑ Pond Construction
Page 4 of 11
PCN Form — Version 1.3 December 10, 2008 Version
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
number —
Type of impact
Type of wetland
Forested
(Corps - 404, 10
Area of impact
Permanent (P) or
(if known)
DWQ — non -404, other)
(acres)
Temporary T
W1 ❑ P ® T
Impact #1 —Water
PEM
❑ Yes
® Corps
0.03
Line (W1)
® No
® DWQ
W4 ❑ P ®T
Impact #2 — Water
PEM
❑ Yes
® Corps
0.02
Line (W4)
® No
® DWQ
W1 ❑ P ® T
Impact #3 —
PEM
❑ Yes
® Corps
0.03
Sewer Line (W1)
® No
® DWQ
W3 [:)POT
Impact #4 —
PEM
❑ Yes
® Corps
0.02
Sewer Line (W3)
® No
® DWQ
W5 ❑ P ® T
Impact #5 —
PEM
❑ Yes
® Corps
0.0001
Sewer Line (W5)
® No
® DWQ
W6 ❑ P ® T
Impact #6 —
PEM
❑ Yes
® Corps
0.0004
Sewer Line (W6)
® No
® DWQ
W7 ❑ P ® T
Impact #7 —
Sewer Line (W7)
PEM
❑ Yes
® No
® Corps
® DWQ
0.001
W8 ❑ P ® T
Impact #8 —
Sewer Line (W8)
PEM
❑ Yes
® No
® Corps
® DWQ
0.003
2g. Total wetland impacts
0.10 AC
2h. Comments:
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear
Temporary (T)
(INT)?
other)
(feet)
feet)
S1 [-I POT
Impact #9 — Water
S1 — UT
® PER
® Corps
20
Line (S1)
Chattooga River
❑ INT
® DWQ
S1 E] P ®T
Impact #10 —
S1 — UT
® PER
® Corps
21
Sewer Line (S1)
Chattooga River
❑ INT
® DWQ
S2 El P ®T
Impact #11 —
S2 — UT
® PER
® Corps
20
Sewer Line (S2)
Chattooga River
El INT
® DWQ
S4 ❑ P ®T
Impact #12 —
S4 — UT
® PER
® Corps
30
Sewer Line (S4)
Chattooga River
❑ INT
® DWQ
3h. Total stream and tributary impacts
91 LF
3i. Comments:
Page 5 of 11
PCN Form — Version 1.3 December 10. 2008 Version
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number —
(if applicable)
Type of impact
Waterbody type
Area of impact (acres)
Permanent (P) or
Temporary T
01 ❑P❑T
02 ❑P❑T
03 ❑P❑T
04 ❑P❑T
4f. Total open water impacts
4g. Comments:
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
Flooded
number
of pond
P1
P2
5f. Total
5g. Comments:
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.
❑ Neuse ❑Tar -Pamlico ❑Other:
Project is in which protected basin?
❑ Catawba ❑ Randleman
6b.
6d.
6e.
6f.
6g.
Buffer impact
number —
KReason
Buffer
Zone 1 impact
Zone 2 impact
Permanent (P) or
Stream name
mitigation
(square feet)
(square feet)
Temporary T
t
required?
El Yes
B1 ❑P❑T
❑ No
El Yes
B2 ❑P❑T
❑ No
EJ Yes
B3 ❑P❑T
[:1 No
6h. Total buffer impacts
6i. Comments:
Page 6 of 11
PCN Form — Version 1.3 December 10, 2008 Version
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Impacts for the project are temporary, minimal, and associated only with the installation of the utility lines. Impacts to
approximately 0.06 acre (37.5%) of wetland and 202 linear feet (69%) of stream will be avoided.
1 b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All construction equipment would be operated from high ground. Sediment and erosion control measures and best
management practices would be utilized on-site. The water and sewer lines would be installed using the "trench -cut" method.
After installation, impacted wetlands and stream beds and banks would be returned to original contours and stabilized with
matting and appropriate seed. Impacts to the wetlands and stream will be temporary
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
El Payment to in -lieu fee program
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank:
3b. Credits Purchased (attach receipt and letter)
Type
Quantity
3c. Comments:
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
4c. If using stream mitigation, stream temperature:
❑ warm ❑ cool ❑cold
4d. Buffer mitigation requested (DWQ only):
0 square feet
4e. Riparian wetland mitigation requested:
0 acres
4f. Non -riparian wetland mitigation requested:
0 acres
4g. Coastal (tidal) wetland mitigation requested:
0 acres
4h. Comments:
5. Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
Page 7 of 11
PCN Form — Version 1.3 December 10, 2008 Version
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that requires
❑ Yes ® No
buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in-lieu fee fund).
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1a. Does the project include or is it adjacent to protected riparian buffers identified
El Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
Comments:
Page 8 of 11
PCN Form — Version 1.3 December 10, 2008 Version
2.
Stormwater Management Plan
2a.
What is the overall percent imperviousness of this project?
<24%
2b.
Does this project require a Stormwater Management Plan?
❑ Yes ® No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why:
2d.
If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
2e.
Who will be responsible for the review of the Stormwater Management Plan?
❑ Certified Local Government
❑ DWQ Stormwater Program
❑ DWQ 401 Unit
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
❑ Phase II
❑ NSW
3b.
Which of the following locally -implemented stormwater management programs
❑ USMP
apply (check all that apply):
❑ Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ❑ No
attached?
4.
DWQ Stormwater Program Review
❑ Coastal counties
❑ HQW
4a.
Which of the following state -implemented stormwater management programs apply
❑ ORW
(check all that apply):
❑ Session Law 2006-246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
El Yes F1 No
attached?
S.
DWQ 401 Unit Stormwater Review
❑ Yes ❑ No
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
❑ Yes ❑ No
5b.
Have all of the 401 Unit submittal requirements been met?
Page 9 of 11
PCN Form — Version 1.3 December 10, 2008 Version
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal/state/local) funds or the
❑ Yes ® No
use of public (federal/state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
❑Yes El No
letter.)
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 2B.0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
The proposed project is located in a previously developed residential and commercial corridor. The proposed project
would not result in additional development which could impact nearby downstream water quality.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Wastewater would not be generated by the installation of the utility lines. The sewer line will connect to the existing municipal
sewer system.
Page 10 of 11
PCN Form - Version 1.3 December 10, 2008 Version
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
❑ Yes ® No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
❑ Yes ® No
impacts?
EJ Raleigh
5c. If yes, indicate the USFWS Field Office you have contacted.
❑ Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
FWS County data and the Natural Heritage Program GIS data.
CEC consulted the FWS's "Northern Long-Eared Bat Consultation Areas" map for Jackson County. The project is not located
near any known occurrences of hibernacula or maternity sites. It is the opinion of CEC that the project would have "no effect" on
the northern long-eared bat.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
South Atlantic Habitat and Ecosystem IMS. Impact will not occur in a marine system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on
SHPO's HPOWEB GIS Service. The Charles and Ester Metz House (JK0486), Pine Grove Laundry (JK0415), Cottage Inn
(JK0419), Alexander Gardens (JK0276), High Hampton Inn Historic District (JK0006), Church of the Good Shepherd (JK0008),
George M. Cole House (JK0269), and Dr. James K. Stoddard House (JK0280) are located within a two-mile radius of the project
site. Development activities will be contained to the 1.3-acre site and it is the opinion of CEC that project construction will not
negatively affect the integrity of these historic sites.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA-designated 100-year floodplain?
❑ Yes ® No
8b. If yes, explain how project meets FEMA requirements:
8c. What source(s) did you use to make the floodplain determination? NC Floodplain Mapping Program. FEMA map number
3700757200J and 3700756200J, effective April 4, 2010 and April 19, 2010.
R. Clement Riddle
i ± '`rG•t _� E
9.7.17
ApplicanVAgent's Signature
ApplicanUAgent's Printed Name
Date
(Agent's signature is valid only if an authorization letter from the applicant
is rovided.
Page I I of 11
PCN Form — Version 1.3 December 10, 2008 Version
5iab i own Koaa 1..5 Hui
�a
.tt-
ure`�� Ridge Ln Hor, e darn .
r� cr
�eQ
Project Boundary
R° -
f �
Cashiers 6i
._ =Cashiers
2 � F
fda�`P a`hti3
F'b
� 64�
W, JOIAi"-
it-
3C
107
9
N
I
Legend til
� � ���L'r^,d R rd
LI
0 025 05
Project Boundary Miles
Drawn by: KAY 8.25.17; CEC Project# 937 "1
Jackson County,
CLearMLer Site Vicinity
North Carolina 32 Clayton Street Figure 1
Asheville, North Carolina 28801
i i aD sown r\uaa 1.,5 Hui
110i
� I I"pSf M AF
1,
.� a � � � ,'°� b,. "�►a tet,
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e
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wr
• f
Ar
�Ili1
i
3 'moi
y
''„ • t t N
Legend ...
---____-� ' ,�• 0 500 1.000 2,000
1 Project Boundary Feet
DrawY 8: 5.1 ' CEC Pr01 tA937
Jackson County, CLer\AMV USGS Topographic Map
North Carolina 32 Clayton Street Cashiers Quad
Asheville, North Carolina 28801 Figure 2
TAX / 7572-12-2869
HAWKINS
D9 956/PG 161
TAX / 7572-03-5081
C 92 DR/PG 414
CONSERVATION EASEMENT
BRYSON LAND LLC
, �81 1
CASHIERS TrRNSNW. JACKSON COUNTY. NORTH U-
6itOUNA
FEBRU7JTY 4. 2008 SCALE 1' 0'
/3O88CE - DATE OF SURVEY - W40"2008
TAX / 7572-12-0608 ` TAX/ 7572-12-2604
STEWART 0 FORRESTER
OB 1615/PC 274 y`T OB 01E/PG 138
i 3i,4 u•
e _ .yob
44Py�4A!e*�gv.
W. EDWARD HALL L.S.
of
Y°I.ysiS
tP•I P/�-ZIP
b9f.
Naz
7J
1
1
2 OCS
B(INCLUDES EASEMENTS AS AS SHOWN)
Ell
� pian w
�I
A PORTION OF0
2-9163TAx / 7572
BRYSON LAND LLC 11 gI
DB 1456/PG 351 -I
w. 7 N. �,I4 J y4F
a
•s v �. �z9' A9?� ti �`FJ 4F T g
oJw
AIKEN •572-G2-3337 542.iW
S 7 e 3 � 0
DB 428/PC 96
A PORTON OF
TAX 7572-02-7163
BRYSON LAND LLC
DB 1456/PG 351
COI,
o :.
TAX / 7572-11-2813
SMOKYS DEN. INC.
PC +028/PG 844
n
x
0cIn (.:,,>_ IV,rl
z1
CONSERVATION EASEMENT
BRYSON LAND LLC
CONSEByATION EASEMENT - STAB TOWN ROAD
CASHIERS TrRNSNW. JACKSON COUNTY. NORTH U-
6itOUNA
FEBRU7JTY 4. 2008 SCALE 1' 0'
/3O88CE - DATE OF SURVEY - W40"2008
TAX / 7572-12-5794
NTS.
OWNER AT THE TIME OF SURVEY IS BRYSON [AND LLC
OB 154/PG 251 r1W R MT
PREPARED BY
W. EDWARD HALL L.S.
28 PLYMOUDI ROCKK--P.O.Odx Zoos
CASHIER�28-7}3-9836OLUJA
TAX / 7572-12-4029
NANTARALA POWER k LIGHT CO
D8 962/PG 500
' `TB '
IW. EDWARD HAUXERTIFY THAT THIS PUT WAS DRAWN
UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE
UNDER MY SUPERVISION(DEED DESCRIPTION RECORDED IN
DEED 900K 1456• PACE 351) THAT THE RATIO OF PRECISION
AS CALCULATED IS BETTER THAN 1 PART IN 7500 AND THAT
THIS MAP WAS PREPARED N ACCORDANCE WITH G.S. 47-30 AS
AMENDED, AND THAT ONE OF THE FOLLOWING AS MARKED IS TRUE:
1._TMS PUT IS OF AN EXISTING PARCEL OR PARCELS
OF LAND AND DOES NOT CREATE A NEW STREET OR
C1AN PLAT
STREET,
2. THIS PUT CREATES A SUBDIVISION OF LANG WITHIN
1H CA OF A COUNTY OR MUNICIPALITY THAT HAS
AN ORDINANCE THAT REGULATES PARCELS OF LAND.
3 -THIS SURVEY IS LOCATED IN A PORTON OF A COUNTY
OR MUNICIPALITY THAT IS UNREGULATED AS TO AN
ORDNANCE THAT REGULATES PARCEIS OF LAND.
4• -THAT THE SURVEY IS OF ANOTHER CATEGORY. SUCH AS
THE RECOMBINATION OF EXISTING PARCELS. A COURT-ORDERED SURVEY
OR OTHER EXCEPTION TO THE DEFINITION OF SUBDIVISIONS.
WfINESS LIYfyO
RE.REGISTRATON NUMBER
AND SEAL) FE UARY, A.D., 2008
H CARO
RE E /L-2976 - OPt ,,H
2 Y
L--39)6
t
�AIAFO�
IwF/.IMWtlR'aff• mlg
0W
M •Al4'I11sM1141!
io
`b rr NY wwy
Rrplbl0.4l61AAI
NOTES:
1. DEED REFS ENCt: U.B. 7486,00. 351
2. PUT REF.: PC It. SL 505 'EX�1%•'
3. THERE ARE No RECOVERABLE HORIZONTAL CONTROL
MONUMENTS WITHIN 2000 FEET OF THIS PROPERTY
4. THE OWNER AT TIME OF SURVEY IS BRYSON LAND LLC
S. AREA DETERMINED BY C ! G COMPUTER PROGRAM.
STATE OF NORM CAROLINA. JACKSON COURTLY
THE FOREGOING CERTIFICATES OF W. EDWARD HALL
REGISTERED LINO SURVEYOR / L-2976 ARE CERRFIED TO BE
CORRECT. YM INSTRUMENT WAS PRESENTED FOR RE ^o
AND RECORDED OFFICE IN CAQMET ( T 800 -
SLI-fT-'12_�N.R Y OF aMue
AT O'CLOCIT M.,YEAFt pFO+sr`q ,D
KLUU OF DEEDS
Citi •... .a: r
t ki cCN7.M�.
STATE OF TH O '.+�. rM US 64
COI�MfY qE
Y I,f 1M LVL / M- -- . REVIEW OFFICER f F {I . , I/- -
r COUNTY, CERTIFY THAT THIS MAP OR PLAT TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL STATUTORY
FRREAtj RECORDING. s ,
OFFICER
3066CE
Figure 3.1
biaa i own Koaa -1..5 Hui
Proposed Tempor-aq• Impacts 4 ._ IN
Water Line Easement A
Welland (AC): Stream (LF):Wl-0.03AC Sl--20LFW4 -0.02 AC
Total: - 20 LF
Total: - 0.05 AC
SewerLine Easement Approximate
Wetland (AC): Stream (LF): /
Project Boundary
WI -0.03 AC SI -21 LF
W3 -0.02 AC S2 -20 LF . '
»,r r
}\ s . =
W5 - 0.0001 AC S4 - 30 LF (; -✓ .� \ a I'
W6 - 0.0004 AC
t .
W7 ^0.001 AC r / \, Ig =
W8 -0.003 AC
Total 0.05 AC Total - 71 LF
s
Total Temporary Wetland Impacts: -0.10 AC
Total Temporary Stream Impacts: -91 LF
Total Wetlands On -Site: -0.16 AC
Total Streams On -Site: ^ 293 LF
Wetland Impacts Avoided: - 0.06 AC (37.5%) \
Stream Impacts Avoided: ^ 202 LF (69%) a \
•w
It
i � f
Approximate Water �;► , "� j
Line Easement
- •- to ��� - . �.� I
1 �� � � rr � f' r �' I I •Ij _
e k iInk
lit
a
Approximate
Sewer
•j� �(((i " i Line Easement
Legend i w
Stream N
Linear Wetland
*i
Wetland
Approximate Water Line Easement (20 LF Wide) rr ;
J Approximate Sewer Line Easement (20 LF Wide)0 50 100 200
LJApproximate Project Boundary I Feet ' t
Drawn by: KAY 9.1.17; CEC Project# 937
CLear"/aker Approximate
Jackson County, Stream & Wetland
North Carolina 32 Clayton Street Impact Map
Asheville, North Carolina 28801 Figure 3.2
NOTES
1.) MATTING SHALL BE COIR FIBER, 750 GRAM PER SO. METER WITH
NOMINAL 0.50 IN. OPENING SIZE.
2.) SEEDING FOR RIPARIAN AREAS SHALL COMPLY WITH SECTION 6.24 OF
THE NC EROSION AND SEDIMENTATION CONTROL MANUAL. SEE CHART BELOW
FOR TEMPORARY SEEDING. PERMANENT SEED MIX WILL BE RECOMMENDED BY
THE INSTALLER AND REVIEWED FOR COMPLIANCE BY THE ENGINEER.
ANCHOR MATTING
IN 8" TRENCH ---- , 1' MIN.
MATTING PLACED FLUSH WITH BANK SURFACE,
LAP OVER DOWNSTREAM/DOWN SLOPE SEAMS
I_r —r r
12" WOOD STAKE PLACED IN
3' O.C. DIAMOND PATTERN
EE
SMOOTH SURFACE, REMOVE ALL STREAM BED
DEBRIS AND SEED/MULCH BEFORE I I I I I I I I I I l t l l l
PLACING MATTING
gEXTEND MATTING A MIN. OF
MATTING ANCHORED DEPTH VARIES BELOW STREAM BED.
1' BELOW STREAM BED
PROPOSED UTILITY
PIPE LINE
Tempurary SccJin , Recommendnlions i
Rate per
Common Name Sclenllflc Name Acre
Mountains
Rye grain, Secale cereale 30 Ibs Aug. 15 - May 15
Wheal Triticum aestivum 30 lbs Aug. 15 - May 15
German millel Setaria Gatica 10lbs May 15 - Aug. 15
Brovmtop millet Urochloa ramosa _ 10 lbs- May 15 - Aug. 15
I
I
Figure 3.3
40' MAX
TEMPORARY FILL
3420' t
DIP SEWER LINE
REMOVE TEMPORARY FILL AFTER CONSTRUCTION
OF SEWER, RESTORE TO PRE—EXISTING CONTOURS,
AND SEED WITH WETLAND SEED MIX
TYPICAL FILL SECTION
eats.
NOT TO EXCEED 40 FEET
SECTION
12"
i CONCRETE
ANTI -SEEP COLLAR
N.T.S.
PLAN
;ONCRETE
Figure 3.4
51ab I own Koaa (+/- -I ..j HV)
h ` v
7 n
Project Boundary :a `
�ro9ow s
w ,•.i �~
Am
014
kA
as
2�
F
y y ✓ l �'
i
y
s 7
w
rc% 1
f: Q
LLi .
A't
I r
Legend
J
Project Boundary
k
Soils s
NkA Nikwasi Fine Sandy Loam ,
SyA - Sylva-Whiteside Complex 0 50 100 200
Ud - Udorthents Feet
Drawn by: KAY 8.25.17, CEC Project# 937
Jackson County, CLerater USDA Soils Map
North Carolina 32 Clayton Street Figure 4
Asheville, North Carolina 28801
A.
stw• Jf. :•pE! •'7iYf r o••• JJ�. , +F�� •r . ',[ ,, y '.'t .;-:
PP
s r �, r-:• � } t r f•: t : ff } rosy X • �•.at�• .. \
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.#; 1.1,
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kir.09
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zz
�.��` _ `fit t• �1 "`I�+� rx�•�Y:n}�t` r ,,[� +j '' � S�`4 i�"i'V • �*�t� •7
.\�v _ .. r1 „� J' x y i ,1 !., _ ` yM ?r 1 R •' �. T �.t1'A.
�:, k 'i �.. •.4 _� ? X1.4 y a. ��lr _,s cy t t�` +•S
•.+y' r! Y. •• y tl 4i`. PPP �, .•• �'- _f+' rJ, ti G `�, �.. •\rql �3
r i;�r �,• `' ,�1' �'� .ti � � � - {. -�\ •��' � .S -. i� •� \ �_ tea.•\' l S'/�' � \..
'j'!` .�• `�� `4•� • • t ��, •' f 1 r rt' .� 5 H �,�1 �yt,±, 4*- r r 'ett� r
•
r �`. yt t ¢ k .I '��"�f. 3. J� �•r. ..-moi: '�� r ;-4 � .� ` ��:: •a {�`'} r� +;;
♦ �+1. `f a y�• ��{�`x.,..�,� - •SJ.Jie. �a • F + .a j�1 ' . _ .ay'�'�o�,y �y�1 i. �S1 'i•."ri
r�;• �•
k' � :�-7 taa a'• �;�Ac �r� Y. � �,�j�: -r � '.f� r _.Y
:r � :+ c `. 1 j. �' +rn fes. v� �'yi��#__ � • r
Legend
ProjectBoun•aryA,,i
Jlctu i uwl l r-\udu k -r/- HU)
a
AI'
100 -YR Floodplain
AN-
t�P r,.. � �� � � ql � �' ,��. �.-.. '�.Y �� { ✓'.'�' fi•"� .ata 'ivy?�h
F�°Feq*a
r { ..rvr
n
V �'� ��p*$�` -r � i -�;. ,� �• t Y .lam
{ i - 1, � ; ��. TF.q �`� -v .`ti ' • � , i Y �
s Ilk q�{�M �\ .Sn' "9 •� .f y ��•�I� �� � ;'�'�'i„` 7i.' �
A
♦ t
a
s,++.qM
f '
,x '},'S{ is 1 � ; H + � � ,,a ' , �''.e� .- ,•+ii '93 1 � 4 "� n s ' � loft[
i .a- { _,, �Project Boundary t”
.", 0i 11,
Legend rt
✓/�' 100 YR Floodplain 0 0.25 0.5 1
D_ Project Boundary�f s ; Miles
raven by,` Y 8.25,17; EC Project#
-,may.
Gear,^, t FEMA Floodplain
Jackson County, Xiz FEMA Map Service Center
North Carolina32 Clayson Street Map Panel 7572 & 7562
Asheville, North Carolina 28801 Figure 6
Jldu I UWf i r'CUdU k -r/- 1 ..S /-\u)
Jurisdictional wetlands and waters identified on this map have been located within sub-
meter accuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and
the subsequent differential correction of that data. GPS points may demonstrate dr -
uncorrectable errors due to topography, vegetative cover, and/or multipath signal error.
Note : The illustrated wetland and stream locations are approximate. These areas have
been flagged in the field; however, they have not been surveyed. Although Clearwater
Environmental Consultants. Inc. (CEC) is confident in our assessment, the US Army Corps $�
of Engineers (Corps) is the only agency that can make final decisions regarding
jurisdictional wetland and waters of the US delineations. Therefore, all preliminary
determinations are subject to change until written verification is obtained. CEC strongly a
recommends that written verification be obtained from the Corps prior to closing on the
beginning an site work, or making an legal reliance on this determination.
property, 9 9 Y 9 Y 9 � y
1
This map was prepared by CEC using the best information available to CEC at the time of
production. This map is for informational purposes only and should not be used to `moi
determine precise boundaries, roadways, property boundary lines, nor legal descriptions
This map shall not be construed to be an official survey of any data depicted.
Source Data: Project Boundary is from Jackson County, Aerial Imagery (NCCGIA 2015),
and conceptual plans provided by Bryson Land LLC. Topo is from Jackson County.
-
Potentially Jurisdictional Water'
Wetland (AQ Stream (LF)
W 1 0.09 S1 210
W2 0.0003 S2 31 -
o W3 0.03 S3 11 `o
W4 0.03 S4 41
W5 0.001
W6ev0.001
€'
W 7 0.002 ti
W 8 0.004
Y
Legend
Total 293
Data Form
Stream
Linear Wetland
- Wetland
Lr-7—Boundary
-- _..--
Contours
wn
I
Vr
1 Project
Boundary
1 f
«. (r
iWl2
�i
f
_5
`f
T a�,, er',
�� •� � `=----- `�, 1, ,�
ft
r` 0 50 100 200,
Feet ;
4
CLearWater Stream & Wetland
Jackson County, Delineation Map
North Carolina 32 Clayton Street Delineated August 22, 2017
Asheville, North Carolina 28801 Figure 7
�qq
t
Data Form
Stream
Linear Wetland
- Wetland
Lr-7—Boundary
-- _..--
Contours
wn
I
Vr
1 Project
Boundary
1 f
«. (r
iWl2
�i
f
_5
`f
T a�,, er',
�� •� � `=----- `�, 1, ,�
ft
r` 0 50 100 200,
Feet ;
4
CLearWater Stream & Wetland
Jackson County, Delineation Map
North Carolina 32 Clayton Street Delineated August 22, 2017
Asheville, North Carolina 28801 Figure 7
Attachment A
Approved Jurisdictional Determination
Nationwide Permit 12 Authorization
November 8, 2012
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action 1D. 2012-01756 County: Jackson USGS Quad: Cashiers
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Property Owner / Authorized Agent: Bryson Land, LLC / Attn.: James Bryson
Address: P.O. Box 2914
Highlands, NC 28741
Telephone No.: 828-536-2775
Size and location of property (water body, road name/number, town, etc.): The proposed proiect site is a
commercial development located on a 10.46 acre tract of land on U.S. Highway 64 and Slabtown
Road in Cashiers, Jackson County North Carolina. Coordinates are 35.212133 N 83.129383 W
Description of project area and activity: This permit verification authorizes 40 linear feet of
temporary stream impacts to unnamed tributaries of the Chattooga River associated with
installation of water and sewer lines at four crossings.
Special Conditions:
1. The attached recommended conditions 4 and 5 from the North Carolina Wildlife Resources
Commission are hereby incorporated as special conditions of this permit authorization.
2. No work will be conducted in the streams and in the 25 -foot stream buffers during October 15 to
April 15 spawning period for trout.
Applicable Law:Section 404 (Clean Water Act, 33 USC 1344)
R Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number:
Nationwide Permit Number: 12
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions, the above special conditions, recommended conditions 4 and 5 in the attached letter
from the North Carolina Wildlife Resources Commission, and your submitted plans. Any violation of the
noted conditions or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization
is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case-by-case basis to modify, suspend or revoke the
authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality
Certification. You should contact the NC Division of Water Quality (telephone (919) 807-6300) to determine
Section 401 requirements. You may also visit their website at: bM://portal.ncdenr.org web/wg/swp/ws/webscape
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact David Brown at 828-271-7980.
Corps Regulatory Official David Brown Date: November 8, 2012
Expiration Date of Verification: November 8, 2014
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete the Customer Satisfaction Survey located at our website at
http://pert.nwp.usace.armv.mil/survey.html to complete the survey online.
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ❑ There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID
Basis of Jurisdictional Determination:
The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the
Interim Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and
Piedmont Region. These wetlands are abutting to stream channels located on the property that exhibit indicators of
ordinary high water marks. The stream channels in the permit area are unnamed tributaries to the Chattooga River
and are relatively permanent waters (RPW). The unnamed tributaries to the Chattooga River flow into Chattooga
River (a RPW), which flows into the Tugaloo River (a RPW), then into the Savannah River (a Section 10 River in
South Carolina) that drains into the Atlantic Ocean. Stream channels in the permit area have perennial flow and an
ordinary high water mark. This jurisdictional determination is valid for the impact areas only.
Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The del ineation/determ i nation may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Appeals Information: (This information applies only to approved jurisdictional determinations as indicated in
B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a request for appeal (RFA) form. If you request to appeal this determination you must
submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: (404) 562-5137
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 33 1-5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January
7, 2013.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Corps Regulatory Official: David Brown
Issue Date: November 8, 2012 Expiration Date: Five years from Issue Date
Copy Furnished:
Fish and Wildlife Associates, Inc., Attn.: Pam Boaze, P.O. Box 241, Whittier, NC 28789
Attachment B
Preliminary Jurisdictional Determination Information
jurisdictional Determination Request
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
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPennitPro ram.aspx , by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
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
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
Jurisdictional Determination Request
INSTRUCTIONS:
All requestors must complete Parts A, B, C, D, E and F.
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 G.
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 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: Corps approved and preliminary JDs identify
the limits of CWA (and RHA, if applicable) jurisdiction for the particular site identified in your
request. The 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 request a certified wetland determination from the local office of
the Natural Resources Conservation Service, prior to starting work.
Jurisdictional Determination Request
A. PARCEL INFORMATION
® Property Information
Address: The project site is located off Slab Town Road
County: Jackson
Directions: From Asheville, Take I-26 E to NC -280 W/Airport Rd.
Take exit 40from I-26 E; Merge onto NC -280 W/Airport Rd; Continue on US -64
W to Cashiers; Turn right onto State Rd 1141; Site is located on right (0.3 mi)
Parcel Index Number (PIN): 7572-02-9163
B. REQUESTOR INFORMATION
® Name: ClearWater Environmental Consultants, Inc.
Mailing Address: 32 Clayton Street, Asheville, NC 28801
Telephone Number: 828-698-9800
Electronic Mail Address : Kaylie@cwenv.com
Select one:
❑ I am the current property owner.
® I am an Authorized Agent or Environmental Consultant2
❑ Interested Buyer or Under Contract to Purchase
❑ Other, please explain.
C. PROPERTY OWNER INFORMATION
® Name: Bryson Land LLC (Mr. James P. Bryson)
Mailing Address: PO Box 1115, Highlands, NC 28741
Telephone Number: N/A
Electronic Mail Address3: N/A
® Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data)
' If available
2 Must attach completed Agent Authorization Form
3 If available
3
Jurisdictional Determination Request
D. PROPERTY OWNER CERTIFICATION
I, the undersigned, a duly authorized owner of record of the property identified herein, do
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 and
issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under
Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
See Agent Authorization
Property Owner (please print)
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
Date
® I am requesting that the Corps provide a preliminary JD for the property identified herein.
❑ I am requesting that the Corps investigate the property/project area for the presence or
absence of WoUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation. (proceed to F and G
below).
❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved JD (this may or may not include a survey plat).
❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an approved JD (may or may not
include a survey plat).
For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
5 Waters of the United States
4
Jurisdictional Determination Request
F. ALL REQUESTS
® Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
® Size of Property or Project Area +/- 1.3 acres
® I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
® Completed and signed Preliminary Jurisdictional Determination Form6.
® Project Coordinates: 35.116431 Latitude -83.109630 Longitude
Maps (no larger than 11 x ] 7) with Project Boundary Overlay:
® Large and small scale maps that depict, at minimum: streets, intersections, towns
® Aerial Photography of the project area
® USGS Topographic Map
® Soil Survey Map
® Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
Delineation Information (when applicable):
Wetlands:
Wetland Data Sheets'
Upland Data Sheets
Landscape Photos, if taken
Tributaries:
❑ USACE Assessment Forms
❑ Other Assessment Forms
(when appropriate)
Field Sketch overlain on legible Map that includes:
All aquatic resources (for sites with multiple resources, label and identify)
Locations of wetland data points and/or tributary assessment reaches
Locations of photo stations
e See Appendix A of this Form. From Regulatory Guidance letter No. 08-02, dated June 26, 2008
' Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
S
Jurisdictional Determination Request
Approximate acreage/linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
❑ Project Coordinates: Latitude Longitude
Maps (no larger than I 1 x l 7) with Project Boundary Overlay:
❑ Large and small scale maps that depict, at minimum: streets, intersections, towns
❑ Aerial Photography of the project area
❑ USGS Topographic Map
❑ Soil Survey Map
❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps)
Delineation Information (when applicable):
Wetlands:
❑ Wetland Data Sheets8
❑ Upland Data Sheets
Tributaries:
❑ USACE Assessment Forms
❑ Other Assessment Forms
(when appropriate)
❑ Landscape Photos, if taken
❑ Field Sketch overlain on legible Map that includes:
All aquatic resources (for sites with multiple resources, label and identify)
Locations of wetland data points and/or tributary assessment reaches
Locations of photo stations
Approximate acreage/linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos
Form(s)")
❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Jurisdictional Determination Request
I. REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard-
copy submittals include at least one original Plat (to scale) that is no larger than l 1"x17'
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "x 17", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.
Plats submitted for approval must:
❑ be sealed and signed by a licensed professional land surveyor
❑ be to scale (all maps must include both a graphic scale and a verbal scale)
❑ be legible
❑ include a North Arrow, Scale(s), Title, Property Information
❑ include a legible WoUS Delineation Table of distances and bearings/metes and
bounds/GPS coordinates of all surveyed delineation points
❑ clearly depict surveyed property or project boundaries
❑ clearly identify the known surveyed point(s) used as reference (e.g. property
corner, USGS monument)
❑ when wetlands are depicted:
*include acreage (or square footage) of wetland polygons
*identify each wetland polygon using an alphanumeric system
❑ when tributaries are depicted:
*include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
*include linear footage of tributaries and calculated area (using
approximate widths or surveyed OHWM)
Jurisdictional Determination Request
*include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
❑ include the location of wetland data points and/or tributary assessment reaches
❑ include, label accordingly, and depict acreage of all waters not currently subject to
the requirements of the CWA (e.g. "isolated wetlands", "non -jurisdictional
waters"). NOTE: An approved JD must be conducted in order to make an official
Corps determination that a particular waterbody or wetland is not jurisdictional.
❑ include and survey all existing conveyances (pipes, culverts, etc.) that transport
WoUS
CERTIFICATION LANGUAGE
❑ When the entire actual Jurisdictional Boundary is depicted:
include the following Corps Certification language:
"This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
H
Jurisdictional Determination Request
❑ When uplands maybe present within a depicted Jurisdictional Boundary:
include the following Corps Certification language:
"This certifies that this copy of this plot identifies all areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the law or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action 0 No.:
GPS SURVEYS
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:
❑ be at sub -meter accuracy at each survey point.
❑ include an accuracy verification:
One or more known points (property corner, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).
❑ include a brief description of the GPS equipment utilized.
Appendix 1 - REQUEST FOR CORPS JURISDICTIONAL DETERMINATION (JD)
To: District Name Here
• 1 am requesting a JD on property located at: site is located ol, slab Town Road
(Street Address)
City/Township/Parish: Cashiers County: Jackson State: NC
Acreage of Parcel/Review Area for JD: 1.3 AC
Section: Township: Range:
Latitude (decimal degrees): 35.116431 Longitude (decimal degrees): -83.109630
(For linear projects, please include the center point of the proposed alignment.)
• Please attach a survey/plat map and vicinity map identifying location and review area for the JD.
•
R1 currently own this property. _ I plan to purchase this property.
I am an agent/consultant acting on behalf of the requestor.
=Other (please explain):
• Reason for 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.
01 intend to construct/develop a project or 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
a uatic resources and as an initial step in a future permitting process.
intend to construct/develop a project or 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 project or 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.
QA Corps JD is required in order to 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.
Q I believe that the site may be comprised entirely of dry land.
Q Other:
• Type of determination being requested:
=I am requesting an approved JD.
01 am requesting a preliminary JD.
81 am requesting a "no permit required" letter as I believe my proposed activity is not regulated.
I am unclear as to which JD I would like to request and require additional information to inform my decision.
By signing below, you are indicating that you have the authority, or are acting as the duly authorized agent of a
person or entity with such authority, to and do hereby grant Corps personnel right of entry to legally access the
site if needed to perform the JD. Your signature shall be an affirmation that you possess the requisite property
rights to request a JD on the subject property.
'Signature:
• Typed or printed name: see Agent Authorization
Company name: Clearwater Environmental Consultants, Inc.
Company
Address: 32 Clayton Street
Asheville, NC 28801
Daytime phone no.: 628-695-9900
Email address: Kaylie@cwenv.com
Date:
'Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries Act,
Section 103, 33 USC 1413; Regulatory Program of the U.S. Army Corps of Engineers; Final Rule for 33 CFR Parts 320-332.
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 USACE 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.
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 9/5/2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: See Agent Authorization
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
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: Jackson City: Cashiers
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.116431 Long.: -83.109630
Universal Transverse Mercator:
Name of nearest waterbody: UT Chattooga River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
01 Field Determination. Date(s): 8/22/2017
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)
W1
35.116480
-83.109673
0.09 AC
Wetland
404
W2
35.116012
-83.1095670.0003
AC
Wetland
404
W3
35.115866
-83.109528
0.03 AC
Wetland
404
W4
35.115775
-83.110290
0.03 AC
Wetland
404
W5
35.115532
-83.109591
0.001 AC
Wetland
404
W6
35.115425
-83.109784
0.001 AC
Wetland
404
Site
Latitude
Longitude
Estimated amount
Type of aquatic
Geographic authority
number
(decimal
(decimal
of aquatic resource
resource (i.e., wetland
to which the aquatic
degrees)
degrees)
in review area
vs. non -wetland
resource "may be"
(acreage and linear
waters)
subject (i.e., Section
feet, if applicable)
404 or Section 10/404)
W7
35.115402
-83.109863
0.002 AC
Wetland
404
W8
35.115351
-83.110048
0.004 AC
Wetland
404
SI
35.116483
-83.109903
210 LF
Non -Wetland
404
Waters
S2
35.115808
-83.109522
31 LF
Non -Wetland
404
Waters
S3
35.115451
-83.109658
11 LF
Non -Wetland
404
Waters
S4
35.115440
-83.109970
41 LF
Non -Wetland
404
Waters
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:
FEJ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map:Site Vicinity, USGS Topo, Impact, Soils, Aerial, FEMA, Delineation
0 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:
F] 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.
0 U.S. Geological Survey map(s). Cite scale & quad name: 1:24k; Cashiers Quad
Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
IN
0
State/local wetland inventory map(s):
FEMA/FIRM maps: FEMA map number 3700757200J, Effective 4/19/2010.
❑ 100 -year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
0 Photographs: [-E� Aerial (Name & Date): NCCGIA (2015)
or R Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
0 Other information (please specify): Parcel Information
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.
WETLAND DETERMINATION DATA SHEET— Eastern Mountains and Piedmont Region
ProjecUSile: 937 - Slabtown Road City/County: Cashiers/ Jackson Sampling Date: 8-22-17
Applicant/Owner: Bryson Land LLC State: NC Sampling Point: W1
investigator(s): Yant / Pamplin Section, Township, Range: N/A
Landform (hillside, terrace, etc.): Depression Local relief (concave, convex, none): Concave Slope
Subregion (LRR or MLRA): LRR N Lat: 35.116552 Long: -83.109686 Datum: NA083
Soil Map Unit Name: SyA - Sylva-Whiteside Complex NWI classification: None
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?
Wetland Hydrology Present? Yes X No
Remarks:
HYDROLOGY
Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0
Secondary Indicators (minimum of two required)
Wetland Hydrology Indicators:
Primary Indicators (minimum of one is required' check all that aoDlv)
f Soil C k B
S
Surace oCracks 6
,_ ( )
Water (A1)
Aquatic Plants (B14)
_ Sparsely Vegetated Concave Surface (B8)
_Surface
Water Table (A2)
_True
_Hydrogen Sulfide Odor (C1)
X Drainage Pattems (B10)
_High
X Saturation (A3)
Oxidized Rhizospheres on Living Roots (C3)
_ Moss Trim Lines (B16)
Marks (B1)
_
Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
—Water
Deposits (62)
_
Recent Iron Reduction in Tilled Soils (C6)
_ Crayfish Burrows (C8)
—Sediment
Deposits (83)
_
Muck Surface (C7)
_ Saturation Visible on Aerial Imagery (Cg)
_Drift
Algal Mal or Crust (B4)
_Thin
_Other (Explain in Remarks)
_ Stunted or Stressed Plants (D1)
_
Iron Deposits (85)
_ Geomorphic Position (D2)
_
Inundation Visible on Aerial Imagery (87)
_ Shallow Aquitard (03)
_
X Water -Stained Leaves (B9)
_ Microtopographic Relief (D4)
Fauna (B13)
_ Test (DS)
—Aquatic
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): 12
Wetland Hydrology Present? Yes X No
(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.
Woody Vine Stratum (Plot size: 30 ft )
1.
2.
3.
4.
5.
=Total Cover
50% of total cover: 20% of total cover
Remarks: (include photo numbers here or on a separate sheet.)
Sampling Point: W11
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 7 (B)
Percent of Dominant Species
That Are OBL. FACW, or FAC: 71.4% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 30 x 2 = 60
FAC species 75 x 3 = 225
FACU species 53 x 4 = 212
UPL species 0 x 5 = 0
Column Totals: 158 (A) 497 (B)
Prevalence Index = B/A = 3.15
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more In diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0
Absolute
Dominant
Indicator
Tree Stratum (Plot size: 30 ft )
% Cover
Species?
Status
1.
Liriodendron tulipifera
40
Yes
FACU
2.
Acer rubrum
30
Yes
FAC
3.
Nyssa sylvatica
10
No
FAC
4.
5.
6.
7.
80
=Total Cover
50% of total cover:
40 20% of total cover:
16
Sapling/Shrub Stratum (Plot size: 15 ft
)
1.
Nyssa sylvatica
15
Yes
FAC
2.
Urfodendron tulipifera
10
Yes
FACU
3.
Rhododendron maximum
10
Yes
FAC
4.
Rosa multiflora
3
No
FACU
5.
6.
7.
8.
9.
38
=Total Cover
50% of total cover.
19 20% of total cover:
8
Herb Stratum (Plot size: 5 ft )
1.
Leucolhoe tontanesiana
15
Yes
FACW
2.
Impatiens capensis
10
Yes
FACW
3.
Juncus effusus
5
No
FACW
4.
Polygonum
5
No
5.
Toxicodendron radicans
5
No
FAC
6.
Microslegium vimineum
5
No
FAC
7.
The/ypleris noveboracensis
3
No
FAC
8.
9.
10.
11.
48
=Total Cover
50% of total cover:
24 20% of total cover:
10
Woody Vine Stratum (Plot size: 30 ft )
1.
2.
3.
4.
5.
=Total Cover
50% of total cover: 20% of total cover
Remarks: (include photo numbers here or on a separate sheet.)
Sampling Point: W11
Dominance Test worksheet:
Number of Dominant Species
That Are OBL, FACW, or FAC: 5 (A)
Total Number of Dominant
Species Across All Strata: 7 (B)
Percent of Dominant Species
That Are OBL. FACW, or FAC: 71.4% (A/B)
Prevalence Index worksheet:
Total % Cover of: Multiply by:
OBL species 0 x 1 = 0
FACW species 30 x 2 = 60
FAC species 75 x 3 = 225
FACU species 53 x 4 = 212
UPL species 0 x 5 = 0
Column Totals: 158 (A) 497 (B)
Prevalence Index = B/A = 3.15
Hydrophytic Vegetation Indicators:
_ 1 - Rapid Test for Hydrophytic Vegetation
X 2 - Dominance Test is >50%
_ 3 - Prevalence Index is 53.0'
4 - Morphological Adaptations' (Provide supporting
data in Remarks or on a separate sheet)
Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must be
present, unless disturbed or problematic.
Definitions of Four Vegetation Strata:
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
more In diameter at breast height (DBH), regardless of
height.
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than or equal to 3.28 ft
(1 m) tall.
Herb - All herbaceous (non -woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody Vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2 0
SOIL Sampling Point: W1
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
0-12 10YR 3/2 90
7.5YR 4/6 10 C M Loamy/Clayey Prominent redox concentrations
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Location: PL=Pore Lining, M=Matrix.
Hydric Soil Indicators:
Indicators for Problematic Hydric Soils:
Histosol (Al)
_Polyvalue Below Surface (S8) (M LRA 147, 148)
_2 cm Muck (A10) (MLRA 147)
_
Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
_Coast Prairie Redox (A16)
_
Black Histic (A3)
_ Loamy Mucky Mineral (F1) (M LRA 136)
(MLRA 147, 148)
_
Hydrogen Sulfide (A4)
_ Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F19)
_
Stratified Layers (A5)
_ Depleted Matrix (F3)
(MLRA 136, 147)
_
2 cm Muck (A10) (LRR N)
X Redox Dark Surface (F6)
_Red Parent Material (F21)
Depleted Below Dark Surface (A11)
_Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_
Dark Surface (Al2)
_Redox Depressions (F8)
_Very Shallow Dark Surface (F22)
_Thick
_Sandy Mucky Mineral (S1)
_Iron -Manganese Masses (F12) (LRR N,
_Other (Explain in Remarks)
Gleyed Matrix (S4)
MLRA 136)
_Sandy
Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
slndicators of hydrophytic vegetation and
_
Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
_
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (if observed):
Type:
Depth (inches):
Hydric Soil Present? Yes X No
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
WETLAND DETERMINATION DATA SHEET - Eastern Mountains and Piedmont Region
Project./Site: 937 - Slablown Road City/County: Cashiers/ Jackson Sampling Date: 8-22-17
ApplicanUOwner:
Brvson Land LLC
State: NC Sampling Point: UPL
Investigator(s): Yant / Pamplin Section, Township, Range: N/A
Landform (hillside, terrace, etc.): Terrace Local relief (concave, convex, none): None Slope
Subregion (LRR or MLRA): LRR N Lat: 35.116718 Long: -83.109589 Datum: NAD83
Soil Map Unit Name: SyA - Sylva-Whiteside Complex NWI classification: None
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 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:
Upland pair to W1
tuvnRnl nrw
Wetland Hydrology Indicators:
Secondary Indicators (minimum of two reouired)
Primary Indicators (minimum of one is reouired• check all that apply)
Surface Soft Cracks (B6)
Surface Water (At)
Aquatic Plants (814)
—Sparsely Vegetated Concave Surface (138)
_
High Water Table (A2)
—True
_Hydrogen Sulfide Odor (C1)
_Drainage Pattems (B 10)
_
Saturation (A3)
Rhizospheres on Living Roots (C3)
—Moss Trim Lines (8 16)
_
Water Marks (B1)
—Oxidized
Presence of Reduced Iron (C4)
_ Dry -Season Water Table (C2)
_
Sediment Deposits (82)
_
Recent Iron Reduction in Tilled Soils (C6)
_Crayfish Burrows (C8)
_
Drift Deposits (83)
_
Muck Surface (C7)
SaturaUon Visible on Aerial Imagery (C9)
_
Algal Mat or Crust (84)
_Thin
(Explain in Remarks)
_Stunted or Stressed Plants (D1)
_
Iron Deposits (B5)
_Other
_ Geomorphic Position (D2)
_
InundaUon Visible on Aerial Imagery (B7)
—Shallow Aquitard (D3)
_
Water -Stained Leaves (89)
_ Microtopographic Relief (D4)
_
Aquatic Fauna (B13)
_ FAC -Neutral Test (135)
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: UPL
30 it )
Absolute Dominant Indicator
% Cover Species? Status
Dominance Tesl worksheet:
Tree Stratum (Plot size:
1. Liriodendron tulipifera
50 Yes
FACU
Number of Dominant Species
3 (A)
20 Yes
FACU
Thal Are OBL, FACW, or FAC:
2. Prunus serotina
10 No
FAC
Total Number of Dominant
3. Acerrubrum
10 No
FACU
Species Across All Strata: 7 (B)
4. Ouercus rubra
Percent of Dominant Species
5
That Are OBL, FACW, or FAC: 42.9% (A/B)
6.
Prevalence Index worksheet:
7.
90 =Total Cover
Total % Cover of: Multiply by:
50% of total cover:
45 20% of total cover:
18
OBL species 0 x1= 0
Saolino/Shrub Stratum (Plot size: 15 N
)
FACW species 0 x 2 = 0
150
30 Yes
FACU
FAC species 50 x 3 =
1. Liriodendron tulipifera
30 Yes
FAC
FACU species 120 x 4 = 480
2. Rhododendron maximum
6 No
FACU
UPL species 0 x 5= 0
3. Pinus strobus
4 No
FACU
Column Totals: 170 (A) 630 (B)
4. (lex opaca
Prevalence Index = B/A = 3.71
5.
Hydrophytic Vegetation Indicators:
6.
1 - Rapid Test for Hydrophytic Vegetation
7.
2 - Dominance Test is >50%
8.
3 - Prevalence Index Is 53.0'
9.
_
4 - Morphological Adaptations' (Provide supporting
70 =Total Cover
data in Remarks or on a separate sheet)
50% of total cover.
35 20% of total cover.
14
Hydrophytic Vegetation' (Explain)
Herb Stratum (Plot size: 5 ft )
5 Yes
FAC
_Problematic
'Indicators of hydric soil and wetland hydrology must be
1. Smr7ax rotundifolia
5 Yes
FAC
present, unless disturbed or problematic.
2. Oplopanax horridus
3 Yes
FAC
Definitions of Four Vegetation Strata:
3. Thelypteris noveboracensis
2 No
Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or
4. Hexastylis
breast height (DBH), regardless of
more in diameter at
5•
height.
6.
Sapling/Shrub -Woody plants, excluding vines, less
7
than 3 in. DBH and greater than or equal to 3.28 if
8.
(1 m) tall.
9.
Herb -Ali herbaceous (non -woody) plants, regardless
10.
of site, and woody plants less than 3.28 it tall.
11.
15 =Total Cover
Woody Vine - All woody vines greater than 3.28 ft in
50% of total cover:
8 20% of total cover:
3
height.
Woody Vine Stratum (Plot size: 30 it
)
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.)
Eastern Mountains and Piedmont - Version 2 0
US Army Corps of Engineers
SOIL
Sampling Point: UPL
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
0-12 10YR 2/1 100 Loamy/Clayey Leafy / Organic
'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.
Location: PL=Pore Lining, M=Matrix.
Hydric Soll indicators:
Indicators for Problematic Hydric Soils:
Histosol (Al)
_ Polyvalue Below Surface (S8) (MLRA 147, 148)
_ 2 cm Muck (Al 0) (MLRA 147)
Histic Epipedon (A2)
_Thin Dark Surface (S9) (MLRA 147, 148)
—Coast Prairie Redox (Al 6)
_
Histic (A3)
_Loamy Mucky Mineral (F1) (MLRA 136)
(MLRA 147, 148)
_Black
Sulfide (A4)
—Loamy Gleyed Matrix (F2)
_ Piedmont Floodplain Soils (F 19)
_Hydrogen
Stratified Layers (A5)
—Depleted Matrix (F3)
(MLRA 136, 147)
_
2 cm Muck (A10) (LRR N)
_ Redox Dark Surface (F6)
_ Red Parent Material (F21)
Below Dark Surface (All)
_Depleted Dark Surface (F7)
(outside MLRA 127, 147, 148)
_Depleted
Dark Surface (Al 2)
_ Redox Depressions (F8)
—Very Shallow Dark Surface (F22)
_Thick
Mucky Mineral (S1)
_ Iron -Manganese Masses (F12) (LRR N.
—Other (Explain in Remarks)
_Sandy
Sandy Gleyed Matrix (S4)
MLRA 136)
_
Sandy Redox (S5)
_ Umbric Surface (F13) (MLRA 122, 136)
31ndicators of hydrophytic vegetation and
_
Stripped Matrix (S6)
_ Piedmont Floodplain Soils (F19) (MLRA 148)
wetland hydrology must be present,
_
Dark Surface (S7)
Red Parent Material (F21) (MLRA 127, 147, 148)
unless disturbed or problematic.
Restrictive Layer (it observed):
Type:
Depth (inches):
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