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HomeMy WebLinkAbout20200901 Ver 2_Pre-Filing Meeting Request_20201026ID#* 20200901 Version* 2 Regional Office* Winston-Salem Regional Office - (336) 776-9800 Reviewer List* Sue Homewood Pre -Filing Meeting Request submitted 10/26/2020 Contact Name * Josselyn Lucas Contact Email Address* josselyn@bfec.org Project Name* Headwaters Mixed -Use Development Project Owner* Headwaters of the New River, LLC Project County* Watauga Owner Address: Street Address PO Box 1967 Address Line 2 aty State / Province / Region Blowing Rock North Carolina Fbstal / Zip Code Country 28607 United States Is this a transportation project?* r Yes r No Type(s) of approval sought from the DWR: W 401 Water Quality Certification - F 401 Water Quality Certification - Regular Express r- Individual Permit r- Modification r- Shoreline Stabilization Does this project have an existing project ID#?* r Yes r No Do you know the name of the staff member you would like to request a meeting with? Please give a brief project description below. * The purpose of this project is to develop mixed -use residential housing facilities and associated storage and parking areas. Currently, the plan is to build a single one -bedroom and three two -bedroom cottages, as well as six smaller "tree houses" for a total of ten residential units. Plans also include a future commercial space, which will likely be used for storage. Parking spaces will also be added to the existing parking area on -site. An existing bridge which crosses the Middle Fork New River will have its footings repaired as part of this project. A 40 foot existing culvert on UT1 will be replaced with a 65 foot culvert, and .02 acres of wetland will be filled as part of the parking area expansion and associated drainage pipe installation. A variety of equipment will be used during the construction of this project and may include dump trucks, skid steers, track hoes, back hoes, and other heavy equipment. Please give a couple of dates you are available for a meeting. 11 /19/2020 10/15/2020 Please attach the documentation you would like to have the meeting about. Combined Headwaters Report Reduced.pdf 7.67MB pdf only By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that DWR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an application. Signature Submittal Date 10/26/2020 1 Jurisdictional Determination Report Headwaters Mixed-Use Development Site Watauga County, North Carolina Prepared By: 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 Table of Contents 1. INTRODUCTION AND LOCATION 2 2. REGULATORY DEFINITIONS 2 3. TECHNICAL DEFINITIONS 3 4. SITE DESCRIPTION 4 4.1 General ______________________________________________________________ 4 4.2 Soils _________________________________________________________________ 4 4.3 Wetlands _____________________________________________________________ 5 4.4 Streams ______________________________________________________________ 6 APPENDICES A. Site Location Maps B. USDA Soils Map (Project Site) C. Jurisdictional Site Map D. Wetland Determination Data Forms (W1, O1, O2) E. Stream Identification Data Forms (UT1) F. USACE Preliminary Jurisdictional Form G. Project Site Photosheets 2 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 fi ll 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 Nort h Carolina Department of Environment and Natural Resources, Division of Water Resources, 401 Buffer Permitting Unit. 3 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. 4 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 5 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. Project Soils Information Soil Type % of Project Site Landform Drainage Class Frequency of Flooding Cullowhee loam (CuA) 1.5 Flood plains Somewhat poorly drained Frequent Nikwasi loam (NkA) 15.2 Depressions on flood plains Very poorly drained Frequent Saunook Loam (SoD) 33.5 Drainageways, fans, and 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, O1, and O2, 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. 6 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. 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 5Headwaters Mixed-use Development Copyright (C) 1996, Earthvisions, Inc. 081° 41' 00.00" W 081° 41' 00.00" W 081° 40' 00.00" W 081° 40' 00.00" W 081° 39' 00.00" W 081° 39' 00.00" W036° 10' 00.00" N036° 10' 00.00" N036° 09' 00.00" N036° 09' 00.00" N036° 08' 00.00" N036° 08' 00.00" NSCALE 1:24000 0 1MILE 0 1000 YARDS 0 1 KILOMETER Declination MN 6.86° W MN Location: 036° 08' 39.66" N 081° 39' 46.83" WName: BOONE (NC) Date: 11/15/18 Scale: 1 inch = 2,000 ft. Copyright (C) 1996, Earthvisions, Inc. Datum: NAD83 BLUE RIDGE PKWYVALLEY BLVD US HWY 321 SOLD C A M P C A T A W B A R D DEEP WOOD PL HIGH RIDGE L N P L E N T Y W O O D D R NC Center for Geographic Information & AnalysisMiddle Fork New River0 125 250 375 500Feet Legend Watauga Streams Roads Parcel Boundary ± Headwaters Mixed-Use Development Site Aerial Vicinity Map Map not to be construed as surveyed data. All boundaries are approximate GIS data from public data sources. BFEC 2018. APPENDIX B USDA/NRCS WEB SURVEY SOILS MAP UkE SoD NkA UkEUkD CuAVALLEY BLVD OLD CAMP C A T A W B A R D US HWY 321 SDEEP WOOD PLNC Center for Geographic Information & AnalysisMiddle Fork New River0 80 160 240 320Feet Legend Watauga Streams Roads Parcel Boundary ± Headwaters Mixed-Use Development Site Soil Map 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 Sheet 1/110565 Highway 421 SouthTrade, TN 37691ph/fax: 423.727.4476www.bfec.orgProviding Sound Environmental SolutionsWatauga CountyBlowing Rock, NCJurisdictional Determination MapHeadwaters Mixed-Use Development SiteCHECKED BY:DRAWN BY:DATE:01/15/2019PSAWNo.DATE BYREVISIONSFeet1:584.21110050025 APPENDIX D WETLAND DETERMINATION DATA FORMS US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation x , Soil x , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No X No X X X No x Yes x Yes x Yes x X Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Saturation present from rainfall on sampling date NoYes Is the Sampled Area Sample O1 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 Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes No No Water Table Present? Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 0 Depth (inches): 0 Depth (inches): >12 Depth (inches): No Saturation Present? (includes capillary fringe) City/County:Headwaters Mixed-Use Development Site Blowing Rock, Watauga O1 11/15/18 JNTAC Ltd NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:Boone, NCA Williams, P Seago 2NoneGentle slope Datum:-81.663736.1444LRR N NoneNWI classification:SoD Slope (%):Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X =Total Cover 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. )5'x5' =Total Cover FACU FACW Yes 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 5 2 0 Yes FACU 0 0 280 Multiply by: 20 3.75Prevalence Index = B/A = 10 Prevalence Index worksheet: Total % Cover of: 0 70 (A) (B) (A) 1435 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. ) 70 No No 10Packera aurea 10Plantago major FACU Schedonorus arundinaceus 50 Tree Stratum ) =Total Cover Betula lenta 30'x30') 10 Indicator Status 10 Dominant Species? OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 0.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No O1 0 2 FACU species UPL species Hydrophytic Vegetation Indicators: 0 300 0 80 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): N/A 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. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 100 Loamy/Clayey Sandy 100 Color (moist) Matrix 10YR 4/2 10YR 3/6 6-9 0-6 O1SOIL Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. %%Texture Impermeable layer Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation X , Soil X , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. X No X No X X No x x x x x Yes x Yes x Yes x X Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Linear seep originating at spring head on site. NoYes 1 Is the Sampled Area 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 Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes No No Water Table Present? Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: 6 0 Depth (inches): Depth (inches): Depth (inches): No Saturation Present? (includes capillary fringe) City/County:Headwaters Mixed-Use Development Site Blowing Rock, Watauga W1 11/15/18 JNTAC Ltd NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:Boone, NCA Williams, P Seago 2NoneGraded gentle slope Datum:-81.663736.1444LRR N NoneNWI classification:SoD Slope (%):Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8.X 9.X 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X =Total Cover 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. )5'x5' =Total Cover FACW FACW Yes 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 5 2 2 Yes FACU 0 2 120 Multiply by: 200 2.44Prevalence Index = B/A = 100 Prevalence Index worksheet: Total % Cover of: 0 30 (A) (B) (A) OBLNo 2561 Schedonorus arundinaceus 2 20 Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? FACU =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. ) 122 Leersia oryzoides No Yes No 30Carex 20Carex FACW Juncus effusus 50 Tree Stratum ) =Total Cover Betula lenta 30'x30') 10 Indicator Status 10 Dominant Species? OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 66.7% Percent of Dominant Species That Are OBL, FACW, or FAC: 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No W1 2 3 FACU species UPL species Hydrophytic Vegetation Indicators: 0 322 0 132 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 X Depth (inches):X Sampling Point: Yes Restrictive Layer (if observed): N/A 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. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) Loc2 95 Loamy/Clayey Loamy/Clayey Sandy 90 C Color (moist) Matrix C10YR 3/1 10YR 3/2 10YR 4/4 10YR 6/42-10 0-2 W1SOIL 10-14 10YR 5/2 Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) 100 Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. %% M5 Distinct redox concentrations Texture 10 M Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Project/Site:Sampling Date: Applicant/Owner:State:Sampling Point: Investigator(s): Landform (hillside, terrace, etc.): Subregion (LRR or MLRA):Lat:Long: Soil Map Unit Name: X Are Vegetation , Soil , or Hydrology Yes X Are Vegetation , Soil , or Hydrology SUMMARY OF FINDINGS – Attach site map showing sampling point locations, transects, important features, etc. No X No X X No X Yes x Yes x Yes x X Local relief (concave, convex, none): Surface Water Present? Yes NoAre climatic / hydrologic conditions on the site typical for this time of year?(If no, explain in Remarks.) significantly disturbed? naturally problematic? Are “Normal Circumstances” present? (If needed, explain any answers in Remarks.) Remarks: Field Observations: True Aquatic Plants (B14) Hydrogen Sulfide Odor (C1) Oxidized Rhizospheres on Living Roots (C3) Presence of Reduced Iron (C4) Recent Iron Reduction in Tilled Soils (C6) Thin Muck Surface (C7) Other (Explain in Remarks) Iron Deposits (B5) City/County:Headwaters Mixed-Use Development Site Blowing Rock, Watauga O2 11/20/18 JNTAC Ltd NC WETLAND DETERMINATION DATA SHEET – Eastern Mountains and Piedmont Region No Section, Township, Range:Boone, NCA Williams, P Seago 3NoneTerrace Datum:-81.663836.1442LRR N NoneNWI classification:SoD Slope (%): Remarks: Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Depth (inches): 0 Depth (inches): >12 Depth (inches): >12 No Saturation Present? (includes capillary fringe) NoYes Is the Sampled Area HYDROLOGY Yes Yes Yes Hydric Soil Present? Hydrophytic Vegetation Present? Wetland Hydrology Present? Nowithin a Wetland?Yes No No Water Table Present? Geomorphic Position (D2) Shallow Aquitard (D3) Microtopographic Relief (D4) FAC-Neutral Test (D5) Inundation Visible on Aerial Imagery (B7) Water-Stained Leaves (B9) Aquatic Fauna (B13) Algal Mat or Crust (B4) Wetland Hydrology Present? Stunted or Stressed Plants (D1) Surface Water (A1) High Water Table (A2) Saturation (A3) Water Marks (B1) Sediment Deposits (B2) Drift Deposits (B3) Wetland Hydrology Indicators: Primary Indicators (minimum of one is required; check all that apply) Surface Soil Cracks (B6) Sparsely Vegetated Concave Surface (B8) Drainage Patterns (B10) Moss Trim Lines (B16) Dry-Season Water Table (C2) Crayfish Burrows (C8) Saturation Visible on Aerial Imagery (C9) Secondary Indicators (minimum of two required) US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Sampling Point: (Plot size: 1. 2. 3. 4. 5. 6.(A/B) 7. 50% of total cover:20% of total cover:x 1 = Sapling/Shrub Stratum (Plot size:x 2 = 1.x 3 = 2.x 4 = 3.x 5 = 4.Column Totals:(B) 5. 6. 7. 8. 9. 4 - Morphological Adaptations1 (Provide supporting 50% of total cover:20% of total cover: Herb Stratum (Plot size: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 50% of total cover:20% of total cover: Woody Vine Stratum (Plot size: 1. 2. 3. 4. 5. 50% of total cover:20% of total cover:Yes X 3 - Prevalence Index is ≤3.01 data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation1 (Explain) No O2 1 4 FACU species UPL species Hydrophytic Vegetation Indicators: 0 369 0 101 Total Number of Dominant Species Across All Strata: Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: FACU OBL species FACW species FAC species Sapling/Shrub – Woody plants, excluding vines, less than 3 in. DBH and greater than or equal to 3.28 ft (1 m) tall. Tree – Woody plants, excluding vines, 3 in. (7.6 cm) or more in diameter at breast height (DBH), regardless of height. 1Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Absolute % Cover 25.0% Percent of Dominant Species That Are OBL, FACW, or FAC: 31 Rhododendron maximum Pinus strobus Tree Stratum ) =Total Cover Betula lenta 30'x30') 15 Indicator Status 15 Dominant Species? Yes 1 5 Dichanthelium clandestinum Yes No 25 25 Kalmia latifolia Lycopodium 5Solidago Schedonorus arundinaceus 25 15'x15' Definitions of Four Vegetation Strata: Woody Vine – All woody vines greater than 3.28 ft in height. Hydrophytic Vegetation Present? =Total Cover Herb – All herbaceous (non-woody) plants, regardless of size, and woody plants less than 3.28 ft tall. ) 60 FACNo 12 716 30 5 Prevalence Index worksheet: Total % Cover of: 35 66 (A) (B) (A) No 105 0 264 Multiply by: 0 3.65Prevalence Index = B/A = 0 FAC No FACU 1 - Rapid Test for Hydrophytic Vegetation 2 - Dominance Test is >50% VEGETATION (Four Strata)– Use scientific names of plants. 8 3 0 Yes FACU Remarks: (Include photo numbers here or on a separate sheet.) )5'x5' =Total Cover FACU FAC Yes =Total Cover US Army Corps of Engineers Eastern Mountains and Piedmont – Version 2.0 Depth (inches):X Dark Surface (S7)unless disturbed or problematic.Red Parent Material (F21) (MLRA 127, 147, 148) No Hydric Soil Indicators: Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) Loamy Gleyed Matrix (F2) Redox Dark Surface (F6) Redox Depressions (F8) Loamy Mucky Mineral (F1) (MLRA 136) Depleted Matrix (F3) Depleted Dark Surface (F7) 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) Indicators for Problematic Hydric Soils3: (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (F22) Red Parent Material (F21) (outside MLRA 127, 147, 148) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (A12) Sandy Mucky Mineral (S1) Sandy Redox (S5) Stripped Matrix (S6) Iron-Manganese Masses (F12) (LRR N,Other (Explain in Remarks) 3Indicators of hydrophytic vegetation and wetland hydrology must be present, Umbric Surface (F13) (MLRA 122, 136) Piedmont Floodplain Soils (F19) (MLRA 148) Sandy Gleyed Matrix (S4)MLRA 136) % M15 Texture RM O2SOIL 6-12 10YR 4/1 Type1 Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) 60 Redox FeaturesDepth (inches)Color (moist)Remarks 1Type: C=Concentration, D=Depletion, RM=Reduced Matrix, MS=Masked Sand Grains.2Location: PL=Pore Lining, M=Matrix. 10YR 4/3 % 40 Matrix D10YR 4/3 10YR 3/3 10YR 4/12-6 0-2 Loc2 M 85 Loamy/Clayey Loamy/Clayey Loamy/Clayey 100 Color (moist) Sampling Point: Yes Restrictive Layer (if observed): N/A 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. Hydric Soil Present? Type: Histosol (A1) Histic Epipedon (A2) Black Histic (A3) Hydrogen Sulfide (A4) Stratified Layers (A5) APPENDIX E STREAM IDENTIFICATION DATA FORMS (UT 1) NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: Latitude: Evaluator: County: Longitude: Total Points: Stream is at least intermittent if ≥ 19 or perennial if ≥ 30* Stream Determination (circle one) Ephemeral Intermittent Perennial Other e.g. Quad Name: A. Geomorphology (Subtotal =_________) Absent Weak Moderate Strong 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 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 = _________) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil-based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = _________) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 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: 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: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.: Long.: Universal Transverse Mercator: Name of nearest waterbody: E.REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 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) The Corps of Engineers believes that there may be jurisdictional aquatic resources inthe review area, and the requestor of this PJD is hereby advised of his or her optionto request and obtain an approved JD (AJD) for that review area based on aninformed decision after having discussed the various types of JDs and theircharacteristics and circumstances when they may be appropriate.2)In any circumstance where a permit applicant obtains an individual permit, or aNationwide General Permit (NWP) or other general permit verification requiring “pre-construction notification” (PCN), or requests verification for a non-reporting NWP orother general permit, and the permit applicant has not requested an AJD for theactivity, the permit applicant is hereby made aware that: (1) the permit applicant haselected to seek a permit authorization based on a PJD, which does not make anofficial determination of jurisdictional aquatic resources; (2) the applicant has theoption to request an AJD before accepting the terms and conditions of the permitauthorization, and that basing a permit authorization on an AJD could possibly resultin less compensatory mitigation being required or different special conditions; (3) theapplicant has the right to request an individual permit rather than accepting the termsand conditions of the NWP or other general permit authorization; (4) the applicant canaccept a permit authorization and thereby agree to comply with all the terms andconditions of that permit, including whatever mitigation requirements the Corps hasdetermined to be necessary; (5) undertaking any activity in reliance upon the subjectpermit authorization without requesting an AJD constitutes the applicant’s acceptanceof the use of the PJD; (6) accepting a permit authorization (e.g., signing a profferedindividual permit) or undertaking any activity in reliance on any form of Corps permitauthorization based on a PJD constitutes agreement that all aquatic resources in thereview area affected in any way by that activity will be treated as jurisdictional, andwaives any challenge to such jurisdiction in any administrative or judicial complianceor 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 processedas soon as practicable. Further, an AJD, a proffered individual permit (and all termsand conditions contained therein), or individual permit denial can be administrativelyappealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, itbecomes appropriate to make an official determination whether geographicjurisdiction exists over aquatic resources in the review area, or to provide an officialdelineation of jurisdictional aquatic resources in the review area, the Corps willprovide an AJD to accomplish that result, as soon as is practicable. This PJD findsthat there “may be” waters of the U.S. and/or that there “may be” navigable waters ofthe U.S. on the subject review area, and identifies all aquatic features in the reviewarea that could be affected by the proposed activity, based on the followinginformation: SUPPORTING DATA. Data reviewed for PJD (check all that apply) Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: ___________________________________________________. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: ___________________. Data sheets prepared by the Corps: _______________________________________________. Corps navigable waters’ study: ____________________________________________________. U.S. Geological Survey Hydrologic Atlas: ___________________________________________. USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: _______________________________. 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): ____________________________________________. 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 Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 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 Headwaters Mixed-Use Development Site Watauga County, NC 11/15/18 and 11/20/18 Photosheets Downstream view of the Middle Fork of the South Fork of the New River from bridge Upstream view of the Middle Fork of the South Fork of the New River from bridge 1 2 View of existing culvert inlet on UT 1. 3 4 View of existing culvert outlet on UT 1. Downstream view of UT 1 below crossing 5 6 Downstream view of UT 1 from above crossing 7 8 Upstream view of UT1 above crossing View of wetland from northeast 9 10 W1 sample point soil core W1 sample point location 11 12 O1 sample point soil core View to southeast (upland) from lower portion of wetland 13 14 Upland vegetation southeast of Sample O2 Wetland vegetation and surface water in central portion of wetland 15 16 O2 sample point soil core O2 sample location with wetland in background 17 18 Head of wetland seep (approximately outlined) View downhill from wetland source 19 20 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.