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HomeMy WebLinkAbout20200901 Ver 1_Combined 444 Report Reduced_20200709Jurisdictional Determination Report Headwaters Mixed -Use Development Site Watauga County, North Carolina Prepared By: 4ot� size sU,o v C�aeuhin4 i4 Brushy Fork Environmental Consulting, Inc. 10565 Highway 421 South Trade, Tennessee 37691 (423) 727-4476 www.bfec.org Date of Report January 16, 2019 Prepared For: The Headwaters of the New River, LLC 1 Table of Contents 1. INTRODUCTION AND LOCATION 2. REGULATORY DEFINITIONS 3. TECHNICAL DEFINITIONS 4. SITE DESCRIPTION 4.1 General 4.2 Soils 4.3 4.4 Wetlands Streams APPENDICES A. Site Location Maps B. USDA Soils Map (Project Site) C. Jurisdictional Site Map D. Wetland Determination Data Forms (W1, 01, 02) E. Stream Identification Data Forms (UT1) F. USACE Preliminary Jurisdictional Form G. Project Site Photosheets 2 2 3 4 4 4 5 6 1. INTRODUCTION AND LOCATION Brushy Fork Environmental Consulting, Inc. conducted a United States Army Corps of Engineers (USACE) jurisdictional delineation on one (1) property parcel (Watauga County, NC) for JNTAC LTD on November 15th and 20th, 2018. This report presents the findings of "waters of the United States" including jurisdictional streams and wetlands, and "waters of the State". The development site is located at a 4.9 ± acres Subject Property, comprised of one parcel, currently owned by JNTAC LTD in Blowing Rock, NC. The property borders US Highway 221N to the north and is approximately 500 feet west of the Blue Ridge Parkway. A site map with aerial photography and USGS location map for the property are given in Appendix A. The jurisdictional wetland delineation was conducted according to guidelines set forth in the USACE "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0)" (April 2012). As the regulating authority of Section 404/401 of the Clean Water Act, the USACE and state of North Carolina must make the final determination as to the jurisdictional status of this site. One wetland was determined to be present at the Subject Property. The wetland was delineated, flagged, and the boundary surveyed by New River Surveyors. Two (2) streams were identified and delineated on -site. The streams are referred to as the Middle Fork New River and Unnamed Tributary one (UT 1) (Appendix D). The Ordinary High Water Mark (OHWM) was delineated, flagged, and surveyed for each stream and is presented in the Site Map in Appendix C. 2. REGULATORY DEFINITIONS "Waters of the United States" are regulated by the Corps of Engineers based on authority from Section 404 of the Clean Water Act. They include waters that are or could be used for interstate commerce such as rivers, wetlands, lakes, territorial seas and ponds, as well as streams, waterways and ditches below the "Ordinary High Water Mark (OHWM)". Manmade water bodies and farmed wetlands may also be considered jurisdictional depending on their connection to other "waters of the U.S." if they are not actively mined, farmed or otherwise managed for five (5) years. A specific detailed definition of "waters of the United States" can be found in the Federal Register (33 CFR 328.3). Activities in these areas will require a Corps of Engineers permit if they include the discharge of dredged of fill material into "waters of the U.S.". "Waters of the State" are "any stream, river, brook, swamp, lake, sound, tidal estuary, bay, creek, reservoir, waterway, or other body or accumulation of water. They can be surface or underground, public or private, natural or artificial. Finally, they must be contained in, flow through, or border upon any portion of this State (North Carolina) (including any portion of the Atlantic Ocean over which the State has jurisdiction)." This definition is provided by the North Carolina Department of Environment and Natural Resources, Division of Water Resources, 401 Buffer Permitting Unit. 3. TECHNICAL DEFINITIONS Wetlands are defined as areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. They are identified based on the three -parameter approach outlined in the Corps of Engineers "Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and Piedmont Regional' (2012). The three criteria include hydrophytic vegetation, hydric soils and wetland hydrology. Generally, all three criteria must be present to make a positive wetland determination. The criteria are defined as follows: Hydrophytic vegetation, due to morphological, physiological and/or reproductive adaptation(s), has the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions. Individual species have been assigned indicator status by the USFWS - National Wetland Inventory and the National Plant List Panel. Vegetation is considered hydric when more than 50% of the dominant species from all strata are OBL, FACW, FAC+ or FAC. Secondary vegetation rules include the species Prevalence Index which takes non -dominant species into consideration, observed plant morphological and physiological adaptations, and certain problematic wetland situations. Indicator Status Probability of Occurrence in Wetlands Obligate Wetland - OBL > 99% Facultative Wetland - FACW 67-99% Facultative - FAC 34-66% Facultative Upland - FACU 1-33% Obligate Upland - UPL <1% Hydric soils are present if they have been classified as hydric or when they possess characteristics associated with reducing soil conditions known as hydric indicators. Wetland soils were evaluated for hydric indicators with the USDA/NRCS report "Field Indicators of Hydric Soils in the United States, A guide for Indentifying and Delineating Hydric Soils, Version 7.0, 2010". Hydric soils in this report are those where an indicator for "All" or "Loamy and Clayey" soils (USDA Land Resource Region "P") is present. Colors were determined using the Munsell soil color chart. Hydrology in wetlands occurs in areas inundated permanently or periodically at mean water depths of <6.6 feet, or if the soil is saturated to the surface for approximately nine (9) days consecutively during the growing season of the prevalent vegetation. Wetland hydrology indicators may be present above or below the surface. Primary indicators include inundation, saturation in the upper 12 inches, watermarks on standing structure, sediment deposits and hydrogen sulfide odor. A minimum of one primary indicator is required for the presence of a wetland. Secondary indicators (two or more required) include drainage patterns, moss trim lines, crayfish burrows, and the FAC-neutral test. In general, an area must meet all three criteria to be classified as a wetland. In certain "naturally problematic" areas such as seasonal wetlands which are not wet at all times, or in recently disturbed situations, an area may be considered a wetland if only two criteria are met. Perennial stream means a well-defined channel that contains water year round during a year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. [15A NCAC 02B .0233(2)(i)] Intermittent stream means a well-defined channel that contains water for only part of the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the conveyance of water. [15A NCAC 02B .0233(2)(g)] Ephemeral (stormwater) stream means a feature that carries only stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events. An ephemeral stream may or may not have a well-defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary source of water. An ephemeral stream typically lacks the biological, hydrological, and physical characteristics commonly associated with the continuous or intermittent conveyance of water. [15A NCAC 02B .0233(2)(d)] 4. SITE DESCRIPTION 4.1 General The Subject Property (36.144338,-81.663640) is located on one (1) parcel in south-central Watauga County within the Town of Blowing Rock, NC. The parcel is located south of Highway 221N at the northern extent of Blowing Rock (Appendix A). The property is approximately 4.9 acres and is identified by parcel number 2818314831000. Elevations on site range between —3430 and —3596 feet above mean sea level (Appendix A). The delineation site is located in the Headwaters South Fork New River Watershed in the Greater Watauga River Basin; Hydrologic Unit Code (HUC12) 050500010201. The entirety of the parcel drains into the Middle Fork New River, which crosses the northern end of the property from west to east and continues to flow east before turning north towards Boone. The project review area was evaluated for aquatic resources subject to federal and state jurisdiction. 4.2 Soils Five (5) soil types are mapped on the Subject Property (USDA Web Soil Survey, accessed 11/2018). Appendix B presents a soils map of the Project Site. The approximate percent (%) of each soil type at the project site is listed in Table 1 below. Unaka-Porters complex (UkE) is the C! dominant soil present at the Headwaters Mixed -Use Development delineation site (48.0%). UkE is found on mountain slopes and ridges, and is found on the upper reaches of the Subject Property. Saunook loam (SoD) is the second most abundant soil on the property and is mapped at 33.5% of the area. SoD usually occurs on drainageways on mountain slopes, fans on mountain slopes, and coves on mountain slopes. It is well drained, and has no mapped frequency of flooding. UT1 and the wetland are both underlain by Saunook Loam. The portion of the Middle Fork New River which passes through the property is underlain by Nikwasi loam, a very poorly drained floodplain soil. The soil types which occur on the subject property are listed and described in detail below. Table 1. of Drainage Frequency Soil Type Project Site Landform Class of Flooding Somewhat poorly Cullowhee loam (CuA) 1.5 Flood plains drained Frequent Very poorly Nikwasi loam (NkA) 15.2 Depressions on flood plains drained Frequent Drainageways, fans, and Saunook Loam (SoD) 33.5 coves on mountain slopes Well drained None Unaka-Porters complex (UkD) 1.7 Ridges Well drained None Unaka-Porters complex (UkE) 48 Mountain slopes, ridges Well drained None 4.3 Wetlands One wetland (0.05 acres) was delineated on the Subject Property. Three wetland sampling points (W1, 01, and 02, Appendix D) are located in the central portion of the site in and adjacent to the delineated wetland. The wetland is south and west of an existing parking lot on the property. The wetland is a linear seep which originates at a spring head on the steep, forested bank adjacent to the parking lot and stretches to the northeast. Wetland vegetation is present throughout the feature, and herbaceous wetland species are especially prevalent in the mid to lower, more open portion of the wetland. Common species within the wetland include Scirpus cyperinus (woolgrass), Juncus effusus, and Carex vulpinoidea (fox sedge). Rhododendron maximum is present along the periphery of the wetland, while black birch and white pine are present just uphill. Upon reaching the parking lot, some water sheet flows onto the pavement while some infiltrates the soil in the area. The water disperses and does not form a concentrated flow on the far side of the parking lot. A 4" PVC pipe is located near the northeastern boundary of the wetland and flows under the parking lot to the northeast. However, the inlet appears to be clogged with debris and only a minimal trickle of water was flowing from the downstream end of the pipe at the time of the site visit. 4.4 Streams Two stream features are located on the Subject Property (Appendix C). The Middle Fork New River (MFNR) crosses through the northern extent of the property from west to east, while a small unnamed tributary (UT 1) flows from south to north in the eastern portion of the parcel. The MFNR is a large creek/small river which originates southeast of Blowing Rock. Approximately 162 linear feet of the MFNR flows through the property. A gated bridge crosses the river on the Subject Property, allowing access from US-221 to the southern portion of the property. The OHWM of the MFNR was flagged as part of this delineation. UT 1 is a first order perennial tributary of the MFNR. The determination examined a portion of UT1 approximately 40 feet upstream and 25 feet downstream of an existing 40 foot culverted stream crossing located at the far southeastern end of the parking lot. UT 1 exists in a natural valley and had a strong baseflow at the time of the determination. The channel is approximately 4 feet wide with a bed composed of a mix of cobble, gravel, sand and silt. Approximately 290 feet of UT 1 flows through the Subject Property. Crawfish tunnels and a few caddisflies were observed in the channel. Other benthic macroinvertebrates were lacking. Scoring via North Carolina Division of Water Quality (NC DWQ) Stream Identification Form Version 4.11 (Appendix E) rated UT 1 at 34.25 points, determining that it is a perennial jurisdictional stream. APPENDIX A SITE LOCATION MAPS 081 ° 41 ' 00.00" W 081 ° 40' 00.00" W 081 ° 39' 00.00" W �! - mil`' 00 o1P ( 4 CJllfrr��..' -� 1U- -' �.f .. 00 p , 6D0 �1 `� zo 0 �` Jf �. z AFre z b - � `' ,I ti� �L r r 0 o 4 , 1 r' o0 RI r� I • �4-` � �``�=el hu [ z - • +.' `.. - it ,, 1 '�" ��{ z O e t • ' 'H �, " C ,�— -I':1 L 'h p O �•• �� '�' 'y� « hl .� ^f-y O 80 zo 0 80 0 1 1 if �. • � � Declination � t � � � ,: } +� \� ;`t,J1�, �' + 'O • � 1 "" gyp' jp SCALE 1:24000 0 1 MILE \1 + f�� \_�} • \ l , l If co rs' l 0 1000 YARDS `- _. - •'• 0 1 KILOMETER 081 ° 41 ' 00.00" W 081 ° 40' 00.00" W 081 ° 39' 00.00" W Name: BOONE (NC) Location: 036' 08' 39.66" N 081 ° 39' 46.83" W Date: 11 /15/18 Scale: 1 inch = 2,000 ft. Copyright C 1996 Earthvisions Inc. Datum: NAD83 ..lc _ '� .+�•y eta i.74z+ APPENDIX B USDA/NRCS WEB SURVEY SOILS MAP Headwaters Mixed -Use Development Site Soil Map Legend k, Watauga Streams Roads 0 80 160 240 320 Feet Parcel Boundary Map not to be construed as surveyed data. All boundaries are approximate GIs data from public data sources. BFEC 2018. APPENDIX C JURISDICTIONAL SITE MAP R/W 1 d eC. � monument ��awb a p 0 man le a R00 storm drain i sue, rebors set of int section of property line wi U.S. 321 �g011�n Ol right—of—w lines ele. found m. h. A S35 24'30"E 20.03' LU to�� rya mbar CO ;n to R/Rs kese z ' n t—of—way line ffe= 41 3439. 4' ` asphalt 0, - �u . '0- Q) 3430 o Ltd L' 'lb° iN OH g� 3437.4' set � o N pNWM 3�.no Z osphol t 3 a N O O h� O O �0. 925 C 3450 rebw 5 3460 3°Bt N89'03' cNy .00' 10 rector N89 0338"W 112.00' 3470 o N �t to ��p s 5op'r471. 5t 3480 4.000 A cres Mt 0 25 50 1:584.211 Wetlands Water/Streams OHWW Property Boundary • Wetland Sample Location l Feet Note: * Wetlands surveyed by Russell Shaw, PLS * Wetlands delineated by BFEC, Inc. Dot heet 01 1 I Do sheet 02 Cmb ¢90 Wetland 0.05 oc tnvc ,2' c� 3470.8' cSj rock V TBM: top of �5/8' rebar out—P 3476.5' invt f2• W: 3473. --3510 Do ed li e indic tes oppro ' ate ourse UT1 3520 ab ve an elow del* otion Jurisdictional Determination Map U01'11512019 E. Providing Sound Environmental Solutions Headwaters Mixed -Use Development Site DRAWN BY. 10565 Highway 421 South Trade, TN 37691 (D Watauga g County CHECKED BY. phlfax. 423.727.4476 Blowing Rock, NC Aw •an°r www.bfec.org APPENDIX D WETLAND DETERMINATION DATA FORMS WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Headwaters Mixed -Use Development Site City/County: Blowing Rock, Watauga Sampling Date: 11/15/18 Applicant/Owner: JNTAC Ltd State: NC Sampling Point: 01 Investigator(s): A Williams, P Seago Section, Township, Range: Boone, NC Landform (hillside, terrace, etc.): Gentle slope Local relief (concave, convex, none): None Slope (%): 2 Subregion (LRR or MLRA): LRR N Lat: 36.1444 Long:-81.6637 Datum: Soil Map Unit Name: SoD 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 x Soil x 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 X No Remarks: Sample 01 is located on a relatively flat, grassy area between a parking lot and an adjacent slope. Soil and vegetation were disturbed in the past during parking lot construction and vegetation continues to be maintained primarily in introduced grass species. 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) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): 0 Water Table Present? Yes No x Depth (inches): >12 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: Saturation present from rainfall on sampling date US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: 01 Absolute Dominant Indicator Tree Stratum (Plot size: 30'x30' ) % Cover Species? Status Dominance Test worksheet: 1. Betula lenta 10 Yes FACU Number of Dominant Species 2. That Are OBL, FACW, or FAC: 0 (A) 3. Total Number of Dominant 4. Species Across All Strata: 2 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 0.0% (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 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: ) FACW species 10 x 2 = 20 1. FAC species 0 x 3 = 0 2. FACU species 70 x 4 = 280 3. UPL species 0 x 5 = 0 4. Column Totals: 80 (A) 300 (B) 5. Prevalence Index = B/A = 3.75 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5'x5' ) -Problematic Hydrophytic Vegetation' (Explain) 1. Schedonorus arundinaceus 50 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Packera aurea 10 No FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Plantago major 10 No FACU 4. 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. 70 =Total Cover Woody Vine -All woody vines greater than 3.28 ft in 50% of total cover: 35 20% of total cover: 14 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) Area has been mowed. Due to mowing and time of year some species may be present which were not identified US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: 01 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' Locz Texture Remarks 0-6 10YR 3/6 100 Loamy/Clayey 6-9 10YR 4/2 100 Sandy Impermeable layer 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 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) (MLRA 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) _ Redox Dark Surface (F6) —Red Parent Material (F21) _Depleted Below Dark Surface (A11) _Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) _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 (if observed): Type: N/A 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 WETLAND DETERMINATION DATA SHEET — Eastern Mountains and Piedmont Region Project/Site: Headwaters Mixed -Use Development Site City/County: Blowing Rock, Watauga Sampling Date: 11/15/18 Applicant/Owner: JNTAC Ltd State: NC Sampling Point: W1 Investigator(s): A Williams, P Seago Section, Township, Range: Boone, NC Landform (hillside, terrace, etc.): Graded gentle slope Local relief (concave, convex, none): None Slope (%): 2 Subregion (LRR or MLRA): LRR N Lat: 36.1444 Long:-81.6637 Datum: Soil Map Unit Name: SoD 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 X Soil X 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: Sample point W1 is located on a flat, grassy area adjacent to an existing parking lot. Soil and vegetation at this sampling point have been disturbed during the grading and vegetation removal required for parking lot construction and subsequent maintenance of vegetation through planting of introduced grass species and periodic mowing. 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) _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) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) x Sediment Deposits (132) —Recent Iron Reduction in Tilled Soils (C6) x Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes 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: Linear seep originating at spring head on site. US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Four Strata) - Use scientific names of plants. Sampling Point: W1 Absolute Dominant Indicator Tree Stratum (Plot size: 30'x30' ) % Cover Species? Status Dominance Test worksheet: 1. Betula lenta 10 Yes FACU Number of Dominant Species 2. That Are OBL, FACW, or FAC: 2 (A) 3. Total Number of Dominant 4. Species Across All Strata: 3 (B) 5. Percent of Dominant Species 6. That Are OBL, FACW, or FAC: 66.7% (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 2 x 1 = 2 Sapling/Shrub Stratum (Plot size: ) FACW species 100 x 2 = 200 1. FAC species 0 x 3 = 0 2. FACU species 30 x 4 = 120 3. UPL species 0 x 5 = 0 4. Column Totals: 132 (A) 322 (B) 5. Prevalence Index = B/A = 2.44 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' =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 20% of total cover: data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5'x5' ) -Problematic Hydrophytic Vegetation' (Explain) 1. Juncus effusus 50 Yes FACW 'Indicators of hydric soil and wetland hydrology must be 2. Carex 30 Yes FACW present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Carex 20 No FACW 4. Leersia oryzoides 2 No OBL Tree - Woody plants, excluding vines, 3 in. (7.6 cm) or 5. Schedonorus arundinaceus 20 No FACU 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. 122 =Total Cover Woody Vine -All woody vines greater than 3.28 ft in 50% of total cover: 61 20% of total cover: 25 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes X No Remarks: (Include photo numbers here or on a separate sheet.) Two carex species present on site did not have fruiting structures and were unable to be identified to species level. No shrubs or woody vines present Vegetation has been maintained in herbaceous species. 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' Locz Texture Remarks 0-2 10YR 3/2 90 10YR 4/4 10 C M Loamy/Clayey Distinct redox concentrations 2-10 10YR 3/1 95 10YR 6/4 5 C M Loamy/Clayey 10-14 10YR 5/2 100 Sandy 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 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) (MLRA 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) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) _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 (if observed): Type: N/A 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: Headwaters Mixed -Use Development Site City/County: Blowing Rock, Watauga Sampling Date: 11/20/18 Applicant/Owner: JNTAC Ltd State: NC Sampling Point: 02 Investigator(s): A Williams, P Seago Section, Township, Range: Boone, NC Landform (hillside, terrace, etc.): Terrace Local relief (concave, convex, none): None Slope (%): 3 Subregion (LRR or MLRA): LRR N Lat: 36.1442 Long:-81.6638 Datum: Soil Map Unit Name: SoD 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: 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) _Saturation (A3) _Oxidized Rhizospheres on Living Roots (C3) _Moss Trim Lines (1316) _Water Marks (131) —Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _Sediment Deposits (132) _Recent Iron Reduction in Tilled Soils (C6) _Crayfish Burrows (C8) _Drift Deposits (133) _Thin Muck Surface (C7) _Saturation Visible on Aerial Imagery (C9) _Algal Mat or Crust (134) _Other (Explain in Remarks) _Stunted or Stressed Plants (D1) _Iron Deposits (135) _Geomorphic Position (D2) —Inundation Visible on Aerial Imagery (137) —Shallow Aquitard (D3) —Water-Stained Leaves (139) Microtopographic Relief (D4) Aquatic Fauna (1313) FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): 0 Water Table Present? Yes No x Depth (inches): >12 Saturation Present? Yes No x Depth (inches): >12 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: 02 Absolute Dominant Indicator Tree Stratum (Plot size: 30'x30' ) % Cover Species? Status Dominance Test worksheet: 1. Betula lenta 15 Yes FACU Number of Dominant Species 2. That Are OBL, FACW, or FAC: 1 (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: 25.0% (A/B) 7. Prevalence Index worksheet: 15 =Total Cover Total % Cover of: Multiply by: 50% of total cover: 8 20% of total cover: 3 OBL species 0 x 1 = 0 Sapling/Shrub Stratum (Plot size: 15'x15' ) FACW species 0 x 2 = 0 1. Pinus strobus 25 Yes FACU FAC species 35 x 3 = 105 2. Kalmia latifolia 1 No FACU FACU species 66 x 4 = 264 3. Rhododendron maximum 5 No FAC UPL species 0 x 5 = 0 4. Column Totals: 101 (A) 369 (B) 5. Prevalence Index = B/A = 3.65 6. Hydrophytic Vegetation Indicators: 7. _ 1 - Rapid Test for Hydrophytic Vegetation 8. 2 - Dominance Test is >50% 9. 3 - Prevalence Index is :53.0' 31 =Total Cover 4 - Morphological Adaptations' (Provide supporting 50% of total cover: 16 20% of total cover: 7 data in Remarks or on a separate sheet) Herb Stratum (Plot size: 5'x5' ) -Problematic Hydrophytic Vegetation' (Explain) 1. Schedonorus arundinaceus 25 Yes FACU 'Indicators of hydric soil and wetland hydrology must be 2. Lycopodium 25 Yes FAC present, unless disturbed or problematic. Definitions of Four Vegetation Strata: 3. Solidago 5 No 4. Dichanthelium clandestinum 5 No FAC 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. 60 =Total Cover Woody Vine - All woody vines greater than 3.28 ft in 50% of total cover: 30 20% of total cover: 12 height. Woody Vine Stratum (Plot size: ) 1. 2. 3. 4. 5. Hydrophytic =Total Cover Vegetation 50% of total cover: 20% of total cover: Present? Yes No X Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point: 02 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' Locz Texture Remarks 0-2 10YR 3/3 100 Loamy/Clayey 2-6 10YR 4/3 85 10YR 4/1 15 D M Loamy/Clayey 6-12 10YR 4/1 60 10YR 4/3 40 RM M Loamy/Clayey 'Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains. 2Location: PL=Pore Lining, M=Matrix. Hydric Soil Indicators: Indicators for Problematic Hydric Soils3: _ Histosol (Al) _ Polyvalue Below Surface (S8) (MLRA 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) (MLRA 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) _ Redox Dark Surface (F6) —Red Parent Material (F21) _Depleted Below Dark Surface (A11) _Depleted Dark Surface (F7) (outside MLRA 127, 147, 148) _Thick Dark Surface (Al2) _Redox Depressions (F8) _Very Shallow Dark Surface (F22) _Sandy Mucky Mineral (S1) _Iron -Manganese Masses (F12) (LRR N, _Other (Explain in Remarks) _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 (if observed): Type: N/A 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 APPENDIX E STREAM IDENTIFICATION DATA FORMS (UT 1) NC DWQ Stream Identification Form Version 4.11 Date: 11/20/18 Project/Site: 4 Forty four Latitude: 36.1440 Evaluator: Adam Williams, Paige Seago County:Watauga Longitude: _81.6633 Total Points: Stream Determination (circle one) Other Stream is at least intermittent 34.25 Ephemeral Intermittent Perennial e.g. Quad Name: LIT 1 if>_ 19 orperennial if>_ 30` A. Geomorphology (Subtotal = 16 ) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 8.5 ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = 9.75 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: A few cadd'sfhes present in channel- Crayfish hole-, present - Sketch: APPENDIX F PRELIMINARY JURISDICTIONAL FORMS Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: JNTAC LTD 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: Watauga city: Blowing Rock Center coordinates of site (lat/long in degree decimal format): Lat.: 36.144338 Long.:-81.663640 Universal Transverse Mercator: 17 Name of nearestwaterbody: Middle Fork South Fork New River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑■ Office (Desk) Determination. Date: 11/27/18 ❑■ Field Determination. Date(s): 11/20/18 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) 1 36.14492 -81.66422 162 In ft non -wetland waters (stream) 404 2 36.14399 -81.66324 290 In ft non -wetland waters (stream) 404 3 36.14421 -81.66390 0.051 ac Wetland 404 1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2) In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre - construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: Site Location Map, Delineation Map ❑ Data sheets prepared/submitted by or on behalf of the PJD requestor. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rationale: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ■❑ U.S. Geological Survey map(s). Cite scale & quad name: 1:24,000 Boone ■❑ Natural Resources Conservation Service Soil Survey. Citation: ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ❑ Aerial (Name & Date): or ■❑ Other (Name & Date): 444 Photosheets ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory staff member completing PJD Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. APPENDIX G PROJECT SITE PHOTOSHEETS Photosheets Headwaters Mixed -Use Development Site Watauga County, NC 11/15/18 and 11/20/18 . . Oi Downstream view of the Middle Fork of the South Upstream view of the Middle Fork of the South Fork of the New River from bridge Fork of the New River from bridge View of existing culvert inlet on UT 1. View of existing culvert outlet on UT 1. Upstream view of UT1 above crossing View of wetland from northeast W1 sample point soil core W1 sample point location 01 sample point soil core View to southeast (upland) from lower portion of wetland 1 r r= `�'~ + � 1 iL 2 02 sample point soil core 02 sample location with wetland in background Head of wetland seep (approximately outlined) View downhill from wetland source Non functioning drain at lower end of wetland Water from wetland spreads out and sheet flows across parking lot. No concentrated flow or wet areas are present on opposite side of parking lot.