20081496 Ver 2_Individual_20110322

#S&ME
March 3, 2011
U.S. Army Corps of Engineers
Asheville Regulatory Field Office
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
Attention: Ms. Loretta Beckwith
North Carolina Division of Water Quality
401 Wetlands Unit
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27604-2260
Attention: Mr. Ian McMillan
Reference: Application for Section 404 Individual Permit
Sunrise Plaza
Murphy, North Carolina
S&ME Project No. 1265-10-537
Dear Ms. Beckwith and Mr. McMillan:

t;z,R0TR
MAR 2 2 201
S&ME, Inc. (S&ME) wishes to submit this application for a Department of the Army
Section 404 Individual Permit (IP) and a corresponding North Carolina Individual Water
Quality Certification (IC) for proposed impacts to waters of the U.S. in connection with
the project referenced above. We are working on behalf of Lim's Brothers LLC who will
be considered the applicant. If you need additional information, please do not hesitate to
contact us.
Sincerely,
S&ME
a4lkl
Ronald H. Walker
Project Professional
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Mike Marcus U
Technical Principal
S&ME, INC. / 301 Zima Park Drive / Spartanburg, SC 29301 / p 864.574.2360 f 864.576.8730
281 Fairforest Way / Greenville, SC 29607 / p 864.297.9944 / www.smeinc.com
Figures
Figure 1 - Site Location Map
Figure 2 - Site USGS Map: Murphy Quadrangle
Figure 3 - Site Aerial Photograph
Figure 4 - Site GIS Tax Map
Figure 5 - Approximate Jurisdictional Waters
Figure 6 - Jurisdictional Waters Map (From the Survey)
Figure 7 - Project Impacts Map
Figure 8 - Adjoining Property Owners
Appendices
Appendix I: Completed ENG FORM 4345, Adjacent Property Owner List, and
Agent Authorization Form
Appendix II: Site Photographs
Appendix III: U.S. Army Corps of Engineers Approved Jurisdictional
Determination Form, DWQ Stream Classification Form and the USACE Stream
Quality Assessment Worksheet
Appendix IV: Preliminary Construction Plans
Appendix V: October 26, 2007 and February 15, 2011 Letters from North
Carolina Wildlife Resources Commission, Response Letters from the US Fish
and Wildlife Service, NC Natural Heritage Program, and NC State Historic
Preservation Office
Appendix VI: NC EEP Payment Acceptance Letter
Application for Section 404 Individual Permit S&ME Project No. 1265-10-537
Sunrise Plaza. Murphy, N.C. March 3, 2011
BACKGROUND INFORMATION
The project area (subject property) is located on an approximate 1.09 acre tract of land
(Cherokee County Tax Parcel No. 491029.011, 520660.77) located at 1164 US Highway
64 West, in Murphy, Cherokee County, North Carolina (35.075094 N, -84.045644 W).
The approximate location of the subject property is depicted by the attached Site
Location Map (Figure 1). In addition the following figures are included to assist in
describing the project: Site USGS Map (Figure 2), Site Aerial Photograph (Figure 3), Site
GIS Tax Map (Figure 4), Approximate Jurisdictional Waters Maps (Figure 5 and 6),
Project Impacts Map (Figure 7) and the Adjoining Property Owners (Figure 8).
The property was recently developed (2007-2008) as a retail facility. As part of the
development the permittee was authorized to permanently impact 150 linear feet (LF) of
an unnamed tributary to the Hiwassee River. The impact involved installation of a
culvert and headwalls in order to facilitate site development. The impact was authorized
under US Army Corps of Engineers (USACE) Action ID No. 2007-03384-320 dated
October 24, 2007. The remaining on-site stream (181 LF) was protected by construction
of poured concrete retaining walls outside of the ordinary high water mark (OHWM)
along both sides of the stream.
The retaining walls are failing and have developed visible cracks in many places on both
sides of the stream.
The property owner is proposing to culvert the remaining 181 LF of stream, when
coupled with the previously authorized impacts, cumulative project wide impacts will be
331 LF. They are also proposing to provide mitigation by purchasing credits from the
North Carolina Ecosystem Enhancement Program (EEP) In-Lieu Fee (ILF) program on a
one (1)-to-one (1) credit basis. A completed ENG FORM 4345, Adjacent Property
Owner List and an Agent Authorization Form are included in Appendix I.
EXISTING SITE CONDITIONS
The local drainage area of the project area is primarily mountainous with heavy
development along the US Highway 64 corridor. The drainage area elevations range
from 2,200 feet above mean sea level (ft. AMSL) to 1,600 ft. AMSL on site. The on-site
jurisdictional feature is a second-order stream that originates off-site and downstream
from the confluence of three first-order streams. Two of the off-site streams originate on
the south side of US Highway 64 and are piped under US Highway 64. They converge
with a third stream that is depicted on the USGS Topographic Map (Figure 2) as a blue
line stream. Their confluence occurs within the existing piping of the three streams west
of the subject property. The streams upgradient from the subject property were
previously piped (approximately 1,200 LF) by others and discharge onto the property
from a 60-inch corrugated metal pipe.
Off-site to the east, the stream is continuously piped for approximately one mile before
discharging into the Hiwassee River.
On-site existing conditions are depicted in the attached photographs in Appendix II. The
previously permitted activity of piping 150 LF has been completed with construction of
head walls and retaining walls. The retaining walls are failing which has caused cracks in
the walls forcing sections to lean in towards the stream. The cracks are allowing
sediment from the soil beneath the surrounding parking lot to wash into the stream. The
Application for Section 404 Individual Permit S&ME Project No. 1265-10-537
Sunrise Plaza, Murphy, N.C. March 3, 2011
loss of soil from beneath the parking lot is causing the parking area to collapse, as shown
in the photographs.
No jurisdictional areas were identified on the property, apart from the stream. The stream
scored 35.0 on the Division of Water Quality (DWQ) Stream Classification Form,
indicating perennial flow. The stream scored 44 on the USACE Stream Quality
Assessment Worksheet. The stream channel has been impacted by recent sedimentation,
which has embedded the natural streambed substrate. In 2007 a jurisdictional
determination dated October 26, 2007 was completed for the project. A copy of the
USACE Approved JD Form from the Wilmington District web site, the DWQ Stream
Classification Form, and the USACE Stream Quality Assessment Worksheet are included
in Appendix III.
PROJECT PURPOSE AND NEED
The proposed piping of the stream has multiple purposes and benefit, including:
- Reduction in sediment entering the Hiwassee River via this site.
- Safety concerns.
- Improvement in site aesthetics and functionality.
The immediate concern is complete collapse of a section of the retaining wall. This
would be a safety concern for the immediate area and a water quality issue for the
Hiwassee River. Sediment from the site is entering the tributary via the failing retaining
walls which may be impacting the sensitive aquatic life know to occur downstream in the
Hiwassee River. A wall collapse would add additional sediment to the Hiwassee River
and potentially bring greater harm to sensitive species.
In addition the retaining walls pose a safety concern to the general public and customers
accessing this area. The proposed piping of the stream would eliminate the possibility of
injury to someone who may fall into the stream from above the retaining walls or injury
from the unexpected collapse of the parking area adjacent to the retaining walls. The
close proximity of the retaining walls to US Highway 64 traffic also poses a safety
concern for motorist on the highway in the event of an accident or vehicle loss of control
in the immediate area.
With the piping of the stream the aesthetics and functionality of the facility will also be
improved.
DESCRIPTION OF PROPOSED WORK
Prior to the initial impacts, the on-site stream was piped as it entered the property and
piped as it exited the property leaving an open stream channel of 331 LF across the
property from pipe to pipe. The initial impact that occurred under the USACE Action
No. 2007-03384-320 included construction of two headwalls and piping of the stream
from the eastern property line, where it flowed off of the property, for a total impact of
150 LF. The additional impact proposed will result from placement of an additional 181
LF of 60-inch reinforced concrete culvert and crushed stone below the OHWM. This
includes removal of the retaining walls and reducing the head walls to below grade. The
area would be compacted up to the existing grade. The proposed design will maintain the
current amount of untreated runoff from the impervious surface that is currently going to
Application for Section 404 Individual Permit S&ME Project No. 1265-10-537
Sunrise Plaza, Murphy. N.C. March 3, 2011
the stream. The design will route the downspouts into a junction box that will discharge
directly into the stream.
As identified above, the proposed work will result in impacts to an additional 181 LF
of perennial stream for a cumulative total of 331 LF. A copy of the Preliminary
Construction Plans is included in Appendix IV.
ALTERNATIVES ANALYSIS
Alternative A: No-Build
Alternative `A' can be characterized as the "do nothing" approach. In this approach, no
action would be taken. This alternative was not selected because it does not meet the
project's goals. Current site conditions would continue to deteriorate until one of the
retaining walls collapses. Also, sediment would continue to enter the stream via the
damaged walls causing continued collapse of the parking lot due to loss of the subsurface
soil. Water quality would be affected in the Hiwassee River as sediment from the site
would continue to be discharged. Safety concerns would not be addressed by this
alternative.
Alternative B: Repairing the Retaining Walls
Alternative `B' was considered by a structural engineer but was not feasible given the
extent and nature of the failure associated with the walls foundational footers. Repairing
the walls without complete removal and replacement was not a viable option.
Alternative C: Replacing the Retaining Walls
Alternative `C' was also considered by the structural engineer who prepared plans for
reconstructing the retaining walls. However, there were also underlying concerns
regarding the existing infrastructure surrounding the retaining walls and underlying soil
conditions. The owner did not want to risk replacing the wall if structural failure occurred
again due to issues related to the soils. This option would stop sediment from entering
the Hiwassee River, but site conditions would not preclude a second failure. The
anticipated costs associated with this Alternative rendered it economically unviable.
Alternative D: Piping the Remaining Exposed Stream
Alternative `D' in which the remaining 181 LF of stream will be piped is the preferred
alternative. Because a section of the stream was authorized to be filled under the permit
issued in 2007, this option was deemed a more economical, efficient and secure route to
take. The owner prefers to address the retaining wall failure and safety concerns as
quickly as possible. This alternative would meet the immediate project needs by
eliminating sediment entering the stream from the parking area and would alleviate safety
and liability concerns with the open pit.
AVOIDANCE AND MINIMIZATION
Appropriate temporary erosion and sediment control practices will be implemented to
meet water quality turbidity standards. Best Management Practices (BMPs) employed
for the project will be designed and constructed in compliance with the most recent
version of the "North Carolina Sediment and Erosion Control Planning and Design
Manual," and the local governing authority. Impacts have been avoided and minimized,
3
Application for Section 404 Individual Permit S&ME Project No. 1265-10-537
Sunrise Plaza, Murphy. N.C. _ -March 3, 2011
and appropriate measures will be taken during construction to allow flow and circulation
patterns of waters of the U.S. to remain unaffected.
PROTECTED SPECIES
To comply with applicable sections of the Endangered Species Act (ESA) of 1973 (16
USC 1531-1543), S&ME conducted a review of the U.S. Fish & Wildlife Service
(USFWS) list of federally-protected species (updated June 23, 2010) documented within
Cherokee County, North Carolina. This review identified four protected species: one
plant and five animals. Listed flora and fauna and their federal status are identified in
Table 1.
Table 1: Federally-Protected Flora and Fauna Summary
Species Federal Rank` County Status Habitat Present
C/emmys muh/enbergii T(S/A) Current No
Bog Turtle
Myotis sodalist E Summer Habitat No
Indiana Bat
Villosa trabalis E Current No
Cumberland bean (pearl mussel)
Pegias fibula
E
Historical
No
Little-win pearl mussel
Epiob/asma florentina walkeri E Historical & Obscure No
Tan riffleshell
Isotria medeoloides

Small whorled pogonia T Current No
E = Endangered
T = Threatened
T(S/A) =Threatened due to similarity of appearance
In addition to the USFWS database review, S&ME also consulted the North Carolina
Natural Heritage Program (NCNHP) Geographic Information Systems (GIS) database
Virtual Workroom and Element Occurrence (EO) Database for a listing of EOs of
endangered or threatened species within or near the project area. The EO Database
identified one federally protected species within a two-mile radius of the project area, viz.
the little-wing pearlymussel. However, the project area does not contain suitable habitat
for this species.
A scoping letter was also sent to the North Carolina Wildlife Resource Commission
(NCWRC) on February 2, 2011. A response from the NCWRC dated February 15, 2011
was received stating that they have no record of rare, endangered, or threatened species
on the property. The NCWRC also responded to the initial impact of 150 LF in 2007. A
copy of both letters is contained in Appendix V.
S&ME also provided scoping letters to the USFWS and NCNHP on February 2, 2011.
Copies of their response letters are included in Appendix V.
CULTURAL RESOURCES
A scoping letter was also provided to the North Carolina State Historic Preservation
Office (SHPO) on February 2, 2011, requesting a review of their records regarding
Application for Section 404 Individual Permit SWE Project No. 1265-10-537
Sunrise Plaza Mur h N.C. March 3 2011
cultural, archaeological, or historical resources in or near the project area. A copy of
their response letter is included in Appendix V.
PROPOSED COMPENSATORY MITIGATION
To mitigate for the proposed cumulative impact of 331 LF of stream, the owner proposes
to purchase 331 LF of credit from the North Carolina Ecosystem Enhancement Program
(EEP) In-Lieu Fee (ILF) program. Use of the EEP ILF is necessary because no
mitigation banks are located in the western section of North Carolina. A copy of the EEP
ILF payment acceptance letter is attached in Appendix VI.

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APPENDIX 1

hvknwnxn?
APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT
OMB APPROVAL NO. 0710-0003
(33 CFR 326) EXPIRES: 31 August 2012
Public reporting burden for this collection of Information is estimated to average 11 hours per response, Including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, anti completino and reviewing the collection of infnrmahen. Send cornments regarding this
burden estimate or any otheraspect ofthis collection of information, including suggestions for reducing this burden, to Department of Defense, Washington
Headquarters, Executive Services and Communications Directorate. Infortalion Management Division and to the Office of Manage"ril and Budget,
Paperwork Reduefion Project (0710-0003). Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any
penalty for fairing to comply with a collection of Information if it does not display a currently valid OM6 control number. Please DO NOT RETURN your form to
either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity.
PRIVACY ACT STATEMENT
33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection, Research, and Sanctuaries
Authorities: Rivers and Harbors Act
Section 10
,
,
Act, Section 103, 33 USC 1413; Regulatory Programs of the Corps of Engineers; Final Rule 33 CFR 320-332. Principal Purpose: Information provided on this
form will be used in evaluating the application for a permit, Routine Uses: This Information may be shared with the Department of Justice and other federal,
slate, and local government agencies, and the public and may be trade available as part of a public notice as required by Federal low. Submission or
requested information is voluntary, however, M information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of
original drawings or goad reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample
drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An apprication that is not
completed in full will be retumed.
(ITEMS 9 THRU 4 TO BE FILLED BY THE CORPS)
1. APPLICATION NO. Z FIELD OFFICE CODE 3. DATE RECEIVED 4. DATE APPLICATION COMPLETE
(ITEMS BELOW TO BE FILLED BYAPPLICAN77
5. APPLICANT'S NAME: 8. AUTHORIZED AGENTS NAME AND TITLE (an agent is not required)
First - Meng Middle - Last -- tan First - Ronald Middle - ti Last - w40W
Company- ton am t,ers LLc Company- S&ME Imo.
E-mail Address - o?, «<o p E-mail Address - [e-mail]
6. APPLICANTS ADDRESS- 9 AGENTS ADDRESS
Address - HUM -F,.'"W,, ? Address - tat Faworest way
city - M-0y State- NO Zip - 28906 Country - USA City - Greermile State - sc Zip - 2M7 Country - usn
7. APPLICANTS PHONE NOs. W/AREA CODE. 10. AGENTS PHONE NOs. WIAREA CODE
a. Residence b. Business c. Fax a. Residence b. Business c. Fax
82&837-0717 e64-590.3569 864-297-9944 864-297-0462

STATEMENT OFAUTHORIZATION
11.1 hereby auitimize, mama K walker to act in my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this permit application-
APPLICANT'SSIGNATt IRE DA
NAME, LOCATION, AND DESCRIPTION OF PROJECT OR ACTIVITY
12. PROJECT NAME OR TITLE (see inmoiors)
Sunrise Plaza
13_ NAME OF WATERBODY, IF KNOWN (if awi'ic") 14. PROJECT STREET ADDRESS (O.Witcable)
Unnamed tributary to the Hiwassee River
Address
1164 US Highway 64 West >R
15, LOCATION OF PROJECT
Latitude: •N 35•07e0e4
Longitude: •W u
City - Murphy State- NC Zip- 28906
16. OTHER LOCATION DESCRIPTIONS, IF KNOWN (see imtruaE«rs)
State Tax Parcel ID 45ro29.01. s2osso.rr Municipality -
Section - Township - Rance -
17_ DIRECTIONS TO THE SITE
Site is located in Murphy NC, approximately one mile west of the Hiwassee River on US Highway 64. Site is on the right side of the road as you head
west.
ENG FORM 4345, SEPT 2009 EDITION OF OCT 2004 IS OBSOLETE Pmponent CECW-OR
io. INCILU C V1 MULIVnY kLMSUIrnMI of Nupna, 111uwua0awwid51
See Attached Permit Narrative
19. Project Purpose (Describe the reason or purpose of the project, see instructions)
See Attached Permit Narrative
USE BLOCKS 20-23 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED
20. Reason(s) for Discharge
Piping of tributary.
21. Type(s) of Material Being Discharged and the Amount of Each Type in Cubic Yards:
Type Type Type
Amount in Cubic Yards Amount in Cubic Yards Amount in Cubic Yards
Crushed Stone and Culvert; 77 cy
22. Surface Area in Acres of Wetlands or Other Waters Filled (see instructions)
Acres
Or
Liner Feet 181 LF (cummlative 331 LF)
23. Description of Avoidance, Minimization, and Compensation (see instructions)
See Attached Permit Narrative
24. Is Any Portion of the Work Already Complete? Yes D? No 0 IF YES, DESCRIBE THE COMPLETED WORK
150 LF of impact was previously authorized and completed under Authorization No: 2007-03384-320
25. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list)
Address- See Attached List
City - State - Zip -
26. List of Other Certifications or Approvals/Denials Received from other Federal, State, or Local Agencies for Work Described in This Application.
AGENCY TYPE APPROVAL` IDENTIFICATION NUMBER DATE APPLIED DATE APPROVED DATE DENIED
USACE Nationwide 2007-03384-320 10/2612007
" Would include but is not restricted to zoning, building, and flood plain permits
27. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this application is
complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the
applicant.
SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT DATE
The application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the
statement in block 11 has been filled out and signed-
18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully
falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or
makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than
$10,000 or imprisoned not more than five years or both.
ENG FORM 4345, SEPT 2009
SUNRISE PLAZA
ADDRESSES OF ADJOINING PROPERTY OWNERS
Map
Ke Parcel No. Deed Book Owners Mailing Address city State Zip
1 490671.415, 520838.037 13490510 Marvin Raper PO Box 619 Murphy__ 28906
2 490846.762, 520811.996 13890099 Ruth Gibson PO Box 536 Murphy 28906
3 490982.179, 520916.162 11780577 Shri Had Krupa. LLC 130 Holiday Drive Mu h I 28906
4 490900.581, 521126.2 11980411 Dann Thompson 160 Holiday Drive Murphy NC 28906
5 491251.276. 520841.51 12900456 Eu ene Farie PO Box 640 Mu h 28906
6 491410.998, 520619.287 10870165 Martha McHan PO Box 463 Murphy NC 28906
7 490912.734, 520555.051 13890712 New Hap Garden Chinese 1164 W US HWY 64 Mu h NC 28906
AGENT AUTHORIZATION FORM
Date: 10/21/2010
Project Information
S&ME Project Name: Sunrise Plaza
Type of Project: Jurisdictional Delineation / 404/401 Permitting
Location: 1164 Hwy 64 West, Murphy, NC
Property Owner/Representative Information
Business Name: L
Mailing Address:
City, State, Zip Code:u
Telephone No.,? -(76 - / U
Contact: ?rtM (?'r 0
Agent Information
Business Name:
Street Address:
City, State, Zip Code
Telephone No.
Contact:
S&ME, Inc.
281 Fairforest Way
Greenville, SC 29607
[phone]
Mr. Ronald Walker
LW Engineering, P.C.
321 North Main Street
Cornelia, GA 30531
[phone]
Mr. Luke Williams
Authorization: I on behalf of
(Contact Sig/nature)
L-?M hereby authorize
(Name of L downer or Representative)
S&ME Inc. and LW Engineers, P.C. to act as agent with the
USACE & NCDENR in connection with the above-mentioned
project.
APPENDIX 11

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APPENDIX 111
APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION I: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): October 26,
2007
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:CESAW-RG-A, 2007-03384-320, Mr. Meng Lim
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Cherokee City: Murphy
Center coordinates of site (lat/long in degree decimal format): Latitude & Longitude in Decimal Degrees: 35 04 47.29 north
/ 84 02 12.78 west
Universal Transverse Mercator:
Name of nearest waterbody: an unnamed tributary to the Hiwassee River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: The Tennessee River
Name of watershed or Hydrologic Unit Code (HUC): Hiwassee
® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request.
? Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded
on a different JD form.
D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
® Office (Desk) Determination. Date: October 26, 2007
? Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Pick List "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part
329) in the review area. [Required]
? Waters subject to the ebb and flow of the tide.
? Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign
commerce. Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Pick List "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area.
[Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply): t
? TNWs, including territorial seas
? Wetlands adjacent to TNWs
® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
? Non-RPWs that flow directly or indirectly into TNWs
? Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
? Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs
? Impoundments of jurisdictional waters
? Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non-wetland waters: 2,000 linear feet: 2 width (ft) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Pick List
Elevation of established OHWM (if known): .
2. Non-regulated waters/wetlands (check if applicable):3
? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not
jurisdictional. Explain: .
1 Boxes checked below shall be supported by completing the appropriate sections in Section III below.
z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least
"seasonally" (e.g., typically 3 months).
3 Supporting documentation is presented in Section III.F.
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW,
complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete
Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below.
1. TNW
Identify TNW:
Summarize rationale supporting determination:
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent":
B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY):
This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and
it helps determine whether or not the standards for jurisdiction established under Rapanos have been met.
The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively
permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally
(e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a
TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly
abutting a tributary with perennial flow, skip to Section II1.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps
districts and EPA regions will include in the record any available information that documents the existence of a
significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any)
and a traditional navigable water, even though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to
determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the
significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This
significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is
used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD
covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite
wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination
whether a significant nexus exists is determined in Section III.C below.
1. Characteristics of non-TNWs that flow directly or indirectly into TNW
(i) General Area Conditions:
Watershed size: Pick List
Drainage area: Pick List
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
? Tributary flows directly into TNW.
? Tributary flows through Pick List tributaries before entering TNW.
Project waters are Pick List river miles from TNW.
Project waters are Pick List river miles from RPW.
Project waters are Pick List aerial (straight) miles from TNW.
Project waters are Pick List aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNW5:
Tributary stream order, if known:
(b) General Tributary Characteristics (check all that apply):
Tributary is: ? Natural
'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in
the and West.
'Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into
TNW.
? Artificial (man-made). Explain: .
? Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick List.
Primary tributary substrate composition (check all that apply):
? Silts ? Sands ? Concrete
? Cobbles ? Gravel ? Muck
? Bedrock ? Vegetation. Type/% cover:
? Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/pool complexes. Explain:
Tributary geometry: Pick List
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: Pick List
Estimate average number of flow events in review area/year: Pick List
Describe flow regime:
Other information on duration and volume:
Surface flow is: Pick List. Characteristics:
Subsurface flow: Pick List. Explain findings
? Dye (or other) test performed:
Tributary has (check all that apply):
? Bed and banks
? OHWM6 (check all indicators that apply):
? clear, natural line impressed on the ban
? changes in the character of soil
? shelving
? vegetation matted down, bent, or absent
? leaf litter disturbed or washed away
? sediment deposition
apply):
plant community
? other (list):
? Discontinuous OHWM.7 Explain:
k ? the presence of litter and debris
? destruction of terrestrial vegetation
? the presence of wrack line
? sediment sorting
? scour
? multiple observed or predicted flow events
water staining ? abrupt change in
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that
? High Tide Line indicated by: ?
? oil or scum line along shore objects
? fine shell or debris deposits (foreshore)
? physical markings/characteristics
? tidal gauges
? other (list):
Mean High Water Mark indicated by:
? survey to available datum;
? physical markings;
? vegetation lines/changes in vegetation types.
(iii) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed
characteristics, etc.). Explain:
Identify specific pollutants, if known:
(iv) Biological Characteristics. Channel supports (check all that apply):
? Riparian corridor. Characteristics (type, average width):
? Wetland fringe. Characteristics:
? Habitat for:
? Federally Listed species. Explain findings:
6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows
underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is
unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above
and below the break.
Ibid.
? Fish/spawn areas. Explain findings:
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings: .
2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW
(i) Physical Characteristics:
(a) General Wetland Characteristics:
Properties:
Wetland size: acres
Wetland type. Explain:
Wetland quality. Explain:
Project wetlands cross or serve as state boundaries. Explain
(b) General Flow Relationship with Non-TNW:
Flow is: Pick List. Explain:
Surface flow is: Pick List
Characteristics:
Subsurface flow: Pick List. Explain findings:
? Dye (or other) test performed: .
(c) Wetland Adjacency Determination with Non-TNW:
? Directly abutting
? Not directly abutting
? Discrete wetland hydrologic connection. Explain:
? Ecological connection. Explain:
? Separated by berm/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlands are Pick List river miles from TNW.
Project waters are Pick List aerial (straight) miles from TNW.
Flow is from: Pick List.
Estimate approximate location of wetland as within the Pick List floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general
watershed characteristics; etc.). Explain:
Identify specific pollutants, if known:
(iii) Biological Characteristics. Wetland supports (check all that apply):
? Riparian buffer. Characteristics (type, average width):
? Vegetation type/percent cover. Explain:
? Habitat for:
? Federally Listed species. Explain findings:
? Fish/spawn areas. Explain findings: .
? Other environmentally-sensitive species. Explain findings:
? Aquatic/wildlife diversity. Explain findings: .
3. Characteristics of all wetlands adjacent to the tributary (if any)
All wetland(s) being considered in the cumulative analysis: Pick List
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary Itself and the functions
performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical,
and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in
combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical,
physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus Include, but are not
limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and
the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant
nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between
a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain Is not solely
determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos
Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood
waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions
for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and
organic carbon that support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical,
chemical, or biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be
documented below:
1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to
Section III.D: .
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or
indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in
combination with all of its adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain
findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D: .
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK
ALL THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
? TNWs: linear feet width (ft), Or, acres.
? Wetlands adjacent to TNWs: acres.
2. RPWs that flow directly or indirectly into TNWs.
® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale
indicating that tributary is perennial: According to the information obtaining from the applicant, this unnamed
tributary to the Hiwassee River is perennial/flows year round.
? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year)
are jurisdictional. Data supporting this conclusion is provided at Section 111. B. Provide rationale indicating that
tributary flows seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 2,000 linear feet 2 width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
3. Non-RPWss that flow directly or indirectly into TNWs.
? Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant
nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III. C.
Provide estimates for jurisdictional waters within the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
8See Footnote 4 3.
4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands.
? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale
indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is
directly abutting an RPW: .
? Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that
tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that
wetland is directly abutting an RPW: .
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs.
? Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they
are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional.
Data supporting this conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs.
? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are
adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional.
Data supporting this conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters!
As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.
? Demonstrate that impoundment was created from "waters of the U.S.," or
? Demonstrate that water meets the criteria for one of the categories presented above (1-6), or
? Demonstrate that water is isolated with a nexus to commerce (see E below).
E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE,
INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):"
? which are or could be used by interstate or foreign travelers for recreational or other purposes.
? from which fish or shellfish are or could be taken and sold in interstate or foreign commerce.
? which are or could be used for industrial purposes by industries in interstate commerce.
? Interstate isolated waters. Explain:
? Other factors. Explain: .
Identify water body and summarize rationale supporting determination:
Provide estimates for jurisdictional waters in the review area (check all that apply):
? Tributary waters: linear feet width (ft).
? Other non-wetland waters: acres.
Identify type(s) of waters:
? Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of
Engineers Wetland Delineation Manual and/or appropriate Regional Supplements.
? Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based
solely on the "Migratory Bird Rule" (MBR).
? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
? Other: (explain, if not covered above):
9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA
HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following
Rapanos.
Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the
MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using
best professional judgment (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard,
where such a finding is required for jurisdiction (check all that apply):
? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft).
? Lakes/ponds: acres.
? Other non-wetland waters: acres. List type of aquatic resource:
? Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and,
where checked and requested, appropriately reference sources below):
® Maps, plans, plots or plat Submitted by or on behalf of the applicant/consultant:
? Data sheets prepared/submitted by or on behalf of the applicant/consultant.
? Office concurs with data sheets/delineation report.
? Office does not concur with data sheets/delineation report.
? 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:.
? USDA 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 Geodectic Vertical Datum of 1929)
? Photographs: ? Aerial (Name & Date):
or ? Other (Name & Date):
? Previous determination(s). File no. and date of response letter:
? Applicable/supporting case law: .
? Applicable/supporting scientific literature:
® Other information (please specify): ArcGIS map prepared by the USACE and project plans.
B. ADDITIONAL COMMENTS TO SUPPORT JD:
iNu JJwy Ntream igentitt,catlon norm Version 4.11
Date: 7 _ / J_ 7()J /
/ Project/Slte:sm h ?

Evaluator: / r
County: C?Cro)
County: C??
a
Q
Total Points: 7 Stream Determination
Stream is at least intermittent Jig
* Ephemeral Intermlttei
if? 19 or perennial if? 30
Latitude: ?S
b
Longitude:_Sz/ d
Other
e.g. Quad Name:
A. Geomornhnlnav (Suhtntal = Y(IF i ant I Weak I Moderate 1 Strong----]
1a Continuity of channel bed and bank 0 1 2
2. Sinuosity of channel along thalweg 0 1 2
3. In-channel structure: ex. riffle-pool, step-pool,
ripple-pool sequence 0 1 02 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
11. Second or greater order channel No = 0 Yes - 3
_ artificial ditches are not rated; see discussions in manual
B. Hvdroloav (Subtotal = 19. 4 1
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 - Yes = 3
C_ Bioloov (Suhtntal =
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) 1 2 3
21. Aquatic Mollusks 0 2 3
22. Fish 0.5 1 1.5
23. Crayfish 0.5 1 1.5
24. Amphibians 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:
USACE AID# DWQ 4Site !1 (indicate on attached map)
M STREAM QUALITY ASSESSMENT WORKS iEEIT -AQP
Provide the following information for the strr.im reach under assessment:
1. Applicant's name: 15 ?? 1 r F? 1 I-- r 2. Fvalunlor's name: f' 174/" 4Vg?flGt` -
3. Date of evaluation: 4. Time of evaluation: /rz;??- _
5. Name of stream: 11r) ^ _
7. Approximate drainage area: --rt.i,'??
9. Length of reach evaluate(: r
6. River basin: hz,)4.5S5GG
8. Stream order: ,z o?
10. COLIIIty:_ 0011 f akc-Z'
11. Site coordinates (if known))r:? preter in decimal degrees. 12. Subdivision name (irany):QZ1 /?/) /
Latitude (ex. 34.872312): 35 _ 0 l c50 qJ Loneilude (ex. -77.55661 H: 'D OZ. L/T
Method location determined (circle): GPS Topo Shcet Ortho (Aerial) Photo/GIS Other GIS Other 4,,l _-_.17?
13. Location of reach under evaluation (note nearby roads and landmarks and attach map identifying stream(s) location):
14. Proposed channel work (if any
15. Recent weather conditions: i
16. Site conditions at time of visit: f
z5
17. Identify any special waterway classifications known: Section 10 _„ -,Tidal Waters -Essential Fisheries Habitat
-Trout Waters -Outstanding Resource Waters -Nutrient Sensitive Waters Water Supply Watershed (l-IV)
18. Is there a pond or lake located upstream of the evaluation point? YES ( if yes, estimate the water surface area:
19. Does channel appear on USGS quad map? ES NO 20. Does channel appear on USDA Soil Survey? YES NO
21. Estimated watershed land use: L22% Residential
,':`o% Forested
30 _% Commercial % Industrial 10 % Agricultural
i
22. Bankfull width: G a???c X11
24. Channel slope down center of stream: -Flat (0 to 2%)
Cleared / Logged % Other ( ,)
23. Bank height (from bed to top of bank): 3 ?-
/, Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%)
25. Channel sinuosity: X Straight -Occasional bends Frequent meander -Very sinuous -Braided channel
Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on
location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points
to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the
characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a
characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the
comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture
into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each
reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the
highest quality.
Total Score (from reverse):-I?V ?i Comments: 5f?
Evaluator's Signature Date )? -1/-,ZDIrJ
This channel evaluation form is intended to be used only as a guide to assist landowners and environmental professionals in
gathering the data required by the United States Army Corps of Engineers to make a preliminary assessment of stream
quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a
particular mitigation ratio or requirement. Form subject to change - version 06/03. To Comment, please call 919-876-8441 x 26.
STREAM QUALITY ASSFSSMF.NT WORKSIIF'F' I'
ECOREG ION POINT RANGE
# CHARACTERISTI
S SC
C Coastal 'Piedmont Mountain ORE
1 Presence of flow / persistent pools in stream _
0-5 0-4 0-5
(no flow or saturation = 0: strong flow = max points)

2 Evidence of past human alteration
0--6
0-5
0-5
0
(extensive alteration = 0; no alteration = max points)

3 Riparian zone
0-6
0-4
0-5
(no buffer = 0; contiguous, wide buffer = max
points)

4 _
Evidence of nutrient or chemical discharges
0-5
0-4
0-4
(extensive discharges = 0; no discharges = max points)

d 5 Groundwater discharge 0-3 0-4 0-4
(no discharge = 0; springs, seeps. wetlands, etc. = max_floints) _
rV-i
6 Presence of adjacent floodplain
0-4
0--4
0-2
? (no floodplain = 0; extensive flood lain = max points)
p Entrenchment / floodplain access 0-5 0-4 0-2
" (deep) entrenched = 0; frequent flooding = max points)
8 Presence of adjacent wetlands 0-6 0-4 0-2
(no wetlands = 0; large adjacent wetlands = max points)
9 Channel sinuosity
0-5
0-4
0-3

2
(extensive channelization = 0: natural meander = max points) -
10 Sediment input 0-5 0-4 0-4
Z
(extensive deposition= 0; little or no sediment = max points)
l ] Size & diversity of channel bed substrate NA* 0-4 0-5
fine, homogenous = 0; large. diverse sizes = max points)

12 Evidence of channel incision or widening
0-5
0-4
0-5
(deeply incised = 0; stable bed & banks = max points)
13 Presence of major bank failures 0-5 0-5 0-5
(severe erosion = 0; no erosion, stable banks = max points)
14 Root depth and density on banks 0-3 0-4 0-5
F (no visible roots = 0; dense roots throughout = max points)
Impact by agriculture, livestock, or timber production
15
(substantial impact =0; no evidence = max points) 0-5 0-4 0-5
16 Presence of riffle-pool/ripple-pool complexes 0-3 0-5 0-6
(no riffles/rip les or pools = 0; well-developed = max points)
17 Habitat complexity 0-6 0-6 0-6
? (little or no habitat = 0, frequent, varied habitats = max points)
M 18 Canopy coverage over streambed - 0-5 0-5 0-5
v
(no shading vegetation = 0; continuous canopy = max points)
19 Substrate embeddedness NA* 0-4 0-4
(deeply embedded = 0; loose structure = max)
20 Presence of stream invertebrates (see page 4) 0-4 0-5 0-5
(no evidence = 0; common, numerous types = max points)
1 Presence of amphibians 0-4 0-4 0-4
O (no evidence = 0; common, numerous types = max points)
C 2? Presence of fish 0-4 0-4 0-4
b
(no evidence = 0; common, numerous types = max points)
23 Evidence of wildlife use 0-6 0-5 0-5 0
(no evidence = 0: abundant evidence = max points)
Total Points Possible 100 100 100 f?
TOTAL SCORE (also enter on first page)
* These characteristics are not assessed in coastal streams.
APPENDIX IV
APPENDIX V
® North Carolina Wildlife Resources Commission
October 26, 2007
Ms. Lori Beckwith
U.S. Army Corps of Engineers, Regulatory Branch
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
SUBJECT: Meng Lim Nationwide Permit Application
Culvert in tributary to Hiwassee River
Cherokee County
Dear Ms. Beckwith:
Alford Engineering, RLLP on behalf of Meng Lim requested a letter of concurrence from the North
Carolina Wildlife Resources Commission (Commission) for a 404 Permit from the U.S. Army Corps of
Engineers (ACOE). Comments from the Commission are provided under provisions of the Clean Water
Act of 1977 (33 U.S.C. 466 et. seq.) and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661-667d).
The project involves placing 150 feet of culvert and 5 feet of headwall in a tributary to the Hiwassee River for
a commercial development near Murphy. It appears that this new project is an extension of an existing
commercial development.
The project should not harm trout, but sensitive species of aquatic life like sicklefm redhorse occur
downstream in the Hiwassee River. Therefore, effective erosion controls will be particularly important with
this development.
It appears that the length of culvert could be reduced by moving the long retaining wall along the drive lane to
the southeast and constructing angle-in parking there. The commission recommends considering this.
No mitigation has been proposed for this project although more than 150 feet of impact is reported. A written
401 certification was not requested, though one may be required. Moreover, there already appears to be about
250 feet of culvert impact for the existing part of the development. Compensatory mitigation is often required
when cumulative, permanent stream impacts equal or exceed 150 linear feet.
The Commission requests that the concerns above be considered. Should the ACOE issue a permit for this
project as proposed or with a reduced amount of impact, then the following measures are recommended to
help conserve fish and wildlife resources:
1. Compensatory mitigation is provided for permanent stream impacts that total 150 linear feet or more.
2. The Nationwide and Final Regional conditions, with exception of Final Regional Condition 1.2, are
adhered to.
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center - Raleigh, NC 27699-1721
Telephone: [phone] - Fax: [phone]
Lim Page 2 October 26, 2007
Cherokee
3. Sediment and erosion control measures are used and maintained until all disturbed soils are
permanently stabilized. All bare soil is seeded as'soon as possible following disturbance. Erosion
control matting is used with seeding on disturbed stream banks and is anchored with staples, stakes,
or, wherever possible, live stakes of native trees. Tall fescue is not used along streams.
4. Wet concrete is not allowed to contact water because it can kill aquatic life.
5. Rock, sand, or other materials are not excavated from stream channels except as necessary in the
immediate permitted area. The natural dimension, pattern, and profile of the channel upstream and
downstream of any stream crossing are not modified.
6. Storm water from roadways and parking areas is directed to vegetated buffer areas or detention basins
and not routed directly to streams as concentrated flow. Drop inlets on streams are not constructed.
7. All heavy equipment operated near streams is inspected and maintained regularly to prevent
contamination by fuels, lubricants, or hydraulic fluids.
8. Hydroseed mixtures and wash-waters do not reach streams.
Thank you for the opportunity to review and comment on this project. Pending availability of field staff,
the Commission may inspect the work site during or after construction. If there are any questions
regarding these comments, please contact me at [phone] extension 24.
Sincerely,
.
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
cc: Alford Engineering, RLLP
Mr. Kevin Barnett, NC Division of Water Quality, Asheville
® North Carolina Wildlife Resources Commission ?-'-A
Gordon Myers, Executive Director
February 15, 2011
Mr. Ronald H. Walker
S&ME, Inc.
301 Zima Park Drive
Spartanburg, SC 29607
SUBJECT: Request for Information for Sunrise Plaza. Property, Cherokee County
Dear Mr. Walker:
Biologists with the North Carolina Wildlife Resources Commission (Commission) received your
February 1, 2011 letter about the project. You requested information about any records of rare,
endangered, or threatened species on the property. Comments from the Commission are provided under
provisions of the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.)
and the National Environmental Policy Act (42 U.S.C. 4332 (2)(c).
I have no records of rare, endangered, or threatened species on the property. However, near the property
there are records for rare terrestrial and aquatic species such as mountain chorus frog (Pseudacris
brchyphona, NC -SC) and rainbow mussel (Villosa iris, NC-SC).
Thank you for the opportunity to review and comment on this project. Please contact me at (828) 452-
0422 extension 24 if there are any questions about these comments.
Sincerely,
Dave McHenry
Mountain Region Coordinator
Habitat Conservation Program
AECEIVED
f[8232.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Field Office
160 Zillicon Street
Asheville, North Carolina 28801
March 7, 2011
Mr. Ronald Walker
S&ME, Inc.
301 Zima Park Drive
Spartanburg, South Carolina 29607
Subject: Listed Species Assessment, Retaining Wall Failure Project at Sunrise Plaza, located at
1164 Hwy 64, in Murphy, Cherokee County, North Carolina
Dear Mr. Walker:
On February 4, 2011 we received a letter from you requesting our comments about the subject
project. We have reviewed the information you presented and are providing the following
comments in accordance with the provisions of the Fish and Wildlife Coordination Act, as
amended (16 U.S.C. 661-667e), and section 7 of the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531-1543) (Act).
According to the information that you presented, the property is currently developed as a retail
facility. A US Army Corps of Engineers section 404 permit was originally issued for impacts to
150 linear feet of stream channel. Due to a presently failing retaining wall, your client is
proposing an additional 181 linear feet of impacts to the stream channel. Your letter did not
include specific information regarding the construction techniques and the aquatic impacts.
Endangered Species. According to our records and a review of the information you presented,
no listed species or their habitats occur on the site. Therefore, we believe the requirements under
section 7 of the Act are fulfilled. However, obligations under section 7 of the Act must be
reconsidered if. (1) new information reveals impacts of this identified action that may affect
listed species or critical habitat in a manner not previously considered, (2) this action is
subsequently modified in a manner that was not considered in this review, or (3) a new species is
listed or critical habitat is determined that may be affected by the identified action.
Erosion Control and Wetland/Stream Protection. Given the proximity of the project to
aquatic environments, measures to control sediment and erosion should be installed before any
ground disturbing activities occur. Grading and backfilling should be minimized, and existing
vegetation should be retained (if possible) to maintain shoreline cover for fish and wildlife.
Disturbed areas should be revegetated with native grass and tree species as soon as the project is
completed.
We appreciate the opportunity to provide these comments. If we can be of assistance or if you
have any questions, please do not hesitate to contact Mr. Bryan Tompkins of our staff at
828/258-3939, Ext. 240. In any future correspondence concerning this project, please reference
our Log Number 4-2-11-133.
Sincerely,
- - original signed - -
Brian P. Cole
Field Supervisor
North Carolina Department of Environment and (natural Resources
Office of Conservation, Planning, & Community Affairs
Beverly Eaves Perdue, Governor Linda Pearsall, Director
Mr. Ronald H. Walker
S&ME, Inc.
301 Zima Park Drive
Spartanburg, SC 29301
March 1, 2011
Subject: Sunrise Plaza - 1164 US Highway 64 West; Murphy, Cherokee County, NC
S&ME Project No. 1265-10-537
Dear Mr. Walker:
Dee Freeman, Secretary
J? 6''a
/4 ?J} ` '
?fl11
The Natural Heritage Program has no record of rare species, significant natural communities, significant
natural heritage areas, or conservation/managed areas at the site nor within 0.25-mile of the project area.
Roughly 0.25-mile downstream, to the east, is an historical record (1949) for the State Special Concern
mountain chorus frog (Pseudacris brachyphona). In addition to being an historical occurrence, the
location of "1.0 mile southwest of Murphy" is not accurate enough to pinpoint a specific location. Thus,
our Program presumes that the project will not impact this species, if it occurs within a mile of the
project area.
You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of
rare plants and animals and significant natural communities in the county and on the quad map. Our
Program also has a new website that allows users to obtain information on element occurrences and
significant natural heritage areas within two miles of a given location:,
<http://nhpweb.enr.state.nc.us/nhis/public/gmap75_main.phtml>. The user name is "public" and the
password is "heritage". You may want to click "Help" for more information.
NC OneMap now provides digital Natural Heritage data online for free. This service provides site
specific information on GIS layers with Natural Heritage Program rare species occurrences and
Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID
numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage
Program for detailed information. This service allows the user to quickly and efficiently get site specific
NET data without visiting the NHP workroom or waiting for the Information Request to be answered by
NHP staff. For more information about data formats and access, visit <www.nconemap.com>, then click
on "FTP Data Download", and then "nheo.zip" [to the right of "Natural Heritage Element Occurrences"].
You may also e-mail NC OneMap at <datag64ncmail.net> for more information.
Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information.
Sincerely,
r «1,
Harry E. LeGrand, Jr., Zoologist
Natural Heritage Program
1601 Mail Service Center, Raleigh, North Carolina 27699-1601 One
Phone: [phone] \ FAX: [phone] Internet: wvuw.oneNCNaturally.org North.Carolina
L1/?
Naturally
An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper Hnlurai Resaues Planing sndClunsenrnlion
,tw,. SYAIfn
?TM RECEIVED FEB Z 8 1011
North Carolina Department of Cultural Resources
State Historic Preservation Office
Peter B. Sandbeck, Administrator
Beverly Eaves Perdue, Governor Office of Archives and I Iistory
Linda A. Carlisle, Secretary Division of I listorical Resources
Jeffrey J. Crow, Deputy Secretary David Brook, Director
February 24, 2011
Ronald Walker
S&ME, Inc.
281 Fairforest Way
Greenville, SC 29607
Re: Stream Impact at Sunrise Plaza, 1164 US 64 West, Murphy, S&ME 1265-10-537, Cherokee County,
ER 11-0206
Dear Mr. Walker:
Thank you for your letter of February 2, 2011, concerning the above project.
We have conducted a review of the project and are aware of no historic resources which would be affected by
the project. Therefore, we have no comment on the project as proposed.
The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the
above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory
Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800.
Thank you for your cooperation and consideration. If you have questions concerning the above comment,
please contact Renee Gledhill-Earley, environmental review coordinator, at 919-807-6579. In all future
communication concerning this project, please cite the above-referenced tracking number.
Sincerely,
Claudia Brown
Location: 109 East Jones Street, Raleigh NC 27601 Mailing Address: 4617 Mail Service Center, Raleigh NC 27699-4617 Telephone/Fax: [phone]-6599
APPENDIX VI
4r--
Ecosystem
PROGRAM
February 16, 2011
Meng Lim
1 164 West Hwy 64
Murphy, NC 28906
Project: Sunrise Plaza
Expiration of Acceptance: November 16, 2011
County: Cherokee
The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept
payment for impacts associated with the above referenced project. Please note that this decision does not assure that the payment will
be approved by the permit issuing agencies as mitigation for project impacts. It is the responsibility of the applicant to contact these
This acceptance is valid for nine months from the date of this letter and is not transferable. If we have not received a copy of the
issued 404 Permit/401 Certification/CAMA permit within this time frame, this acceptance will expire. It is the applicant's
responsibility to send copies of the permits to NCEEP. Once NCEEP receives a copy of the permit(s) an invoice will be issued based
on the required mitigation in that permit and payment must be made prior to conducting the authorized work. The amount of the In
Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www.nceep.net.
Based on the information supplied by you the impacts that may require compensatory mitigation are summarized in the following
table.
Impact
Credits
River
Basin CU
Location Stream (feet) Wetlands (acres) Buffer I
(Sq. Ft.) Buffer II
(Sq. Ft.)
Cold Cool Warm Riparian Non-Riparian Coastal Marsh
Hiwasee 06020002 331 0 0 0 0 0 0 0
Hiwasee 06020002 Up to
662 0 0 0 0 0 0 0
Upon receipt of payment, EEP will take responsibility for providing the compensatory mitigation. If the regulatory agencies require
mitigation credits greater than indicated above, and the applicant wants NCEEP to be responsible for the additional mitigation, the
applicant will need to submit a mitigation request to NCEEP for approval prior to permit issuance. The mitigation will be performed
in accordance with the N.C. Department of Environment and Natural Resources' Ecosystem Enhancement Program In-Lieu Fee
Instrument dated July 28, 2010.
If you have any questions or need additional information, please contact Kelly Williams at [phone].
cc: Ian McMillan, NCDWQ Wetlands/401 Unit
Lori Beckwith, USACE-Asheville
LindaWiggs, NCDWQ- Asheville
Ronald Walker, agent
File
Sincerely, (??_
Willian I . Gilmore, PE
Directo
`utori ag... E ... Protects' ottr Stag
Aa?L,
NCDEE R
lorth Carolina Ecosystem Enhancement Program, 1652 Mail Service Center, Raleigh, NC 27699-1652 / 919-715-0476 / www,nceep.net