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HomeMy WebLinkAbout20202021 Ver 1_PRLF813_20170802_DP-6 Report_20210211August 2, 2017 North Carolina Department of Environmental Quality Division of Waste Management, Pre -Regulatory Landfill Unit 1646 Mail Service Center Raleigh, North Carolina 27699 Attn: Mr. Matt Aufinan Project Manager Re: Wetland Delineation Letter Report Reynold's School Road 262 Reynold's School Road Canton, Haywood County, NC ID # NONCD0000813 Task Order 813DP-6 Dear Mr. Aufman: On April 27, 2017, URS Corporation — North Carolina (URS) completed delineations of a wetland area and an unnamed tributary of Pigeon River on the Reynold's School (site) property, located at 262 Reynold's School Road in Canton, North Carolina. URS' Professional Wetland Scientist (PWS) compiled a preliminary jurisdictional determination (JD) package for submission to the United States Army Corps of Engineers (USACE). This package included USACE's preliminary jurisdictional determination (JD) form, supporting data, a site map with areal extents of wetland areas and stream features, and GPS coordinates. The JD package was submitted on June 9, 2017, to the USACE Asheville office and is attached to this letter report. URS met with Dave Brown of the USACE on July 7, 2017, to field verify the wetland delineation. Mr. Brown confirmed the delineation boundary and subsequently issued a preliminary JD for the project (attached). If you have any questions or require additional information, please do not hesitate to contact Carlin Slusher at 919-461-1341 or Margaret Ness at 919-461-1423. Sincerely, URS CORPORATION — NORTH CAROLINA Carlin Slusher Project Manager Attached: Preliminary JD Package Submittal to USACE Preliminary JD Notification from USACE URS Corporation — North Carolina 1600 Perimeter Park Drive, Suite 400 Morrisville, North Carolina 27560 (919) 461-1100 Phone (919) 461-1415 Fax June 9, 2017 Mr. David Brown Asheville Regulatory Field Office US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Re: Reynolds School Landfill Project Canton, Haywood County, North Carolina Dear Mr. Brown: On behalf of NCDEQ, Division of Waste Management, Pre -Regulatory Landfill Unit, URS would like to request a preliminary JD confirmation for an approximately 6.4-acre property located in Canton, Haywood County, North Carolina. NCDEQ is investigating the potential for remediation efforts at an undocumented landfill located within this property. Enclosed for your use is a Preliminary JD request form with supporting documentation. Please contact me at (919) 854-6250 or charles.benton@aecom.com if you would like to conduct a field visit to evaluate this JD request, or if you should have any questions regarding the enclosed information. Sincerely, URS Corporation — North Carolina 1 A aJr Charles E. Benton, PWS Senior Environmental Scientist cc: Ms. Analee Thornburg, NCDEQ Mr. Jason Kam, NCDEQ Ms. Carlin Slusher, URS URS Corporation — North Carolina 1600 Perimeter Park Drive, Suite 400 Morrisville, NC 27560 Tel: 919.461.1100 Fax: 919.461.1415 www.urscorp.com tvw4e &hl, Iriga-Inle") ! ACCESS AUTHORIZATION Reynold's School Road ID# NONCDO000813 William McDowell 262 Reynold's School Road Canton, Haywood County MICHAEL S. REGAN Secretary MICHAEL SCOTT Director This Site Access Authorization is to allow the U.S. Army Corps of Engineers to conduct ajurisdictional determination on a certain property located at 262 Reynold's School Road, Canton, Haywood County, North Carolina (PlN# 8666-28-0297) and; Provide results of the study to the North Carolina Department of Environment and Natural Resources, Division of Waste Management, Superfund Section, Inactive Hazardous Sites Branch and the assigned firm under contract, �ile State of North Carolina. Signature Name (Print) Title Date Return to: Matt Aufman, Engineer Pre -Regulatory Landfill Unit Inactive Hazardous Sites Branch, NC Superfund Section 1646 Mail Service Center Raleigh, NC 27699-1646 State of North Carolina I Environmental Quality I Waste Management 1646 Mail Service Center 1217 West Jones Street I Raleigh, NC 27699-1646 919 707 8200 Jurisdictional Determination Request M US Army Carps a# Engineers Wilmmg[on ❑istrio[ This form is intended for use by anyone requesting a jurisdictional determination (JD) from the U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting information, as described within each category, with your request. You may submit your request to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or facsimile. A current list of county assignments by Field Office and project manager can be found on-line at: hqp://www.saw.usace.army.mil/Missions/Re_ul�atoryPermitProgram.aspx , by telephoning: 910-251-4633, or by contacting any of the field offices listed below: ASHEVILLE REGULATORY FIELD OFFICE US Army Corps of Engineers 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 General Number: (828) 271-7980 Fax Number: (828) 281-8120 RALEIGH REGULATORY FIELD OFFICE US Army Corps of Engineers 3331 Heritage Trade Drive, Suite 105 Wake Forest, North Carolina 27587 General Number: (919) 554-4884 Fax Number: (919) 562-0421 WASHINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 2407 West Fifth Street Washington, North Carolina 27889 General Number: (910) 251-4610 Fax Number: (252) 975-1399 WILMINGTON REGULATORY FIELD OFFICE US Army Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403 General Number: 910-251-4633 Fax Number: (910) 251-4025 Version: December 2013 Page 1 Jurisdictional Determination Request INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E and F. NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a paying client or your agency, please note the specific submittal requirements in Part G. NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD requests must include the current property owner authorization for the Corps to proceed with the determination, which may include inspection of the property when necessary. This form must be signed by the current property owner to be considered a complete request. NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD requests associated with North Carolina Department of Transportation (NCDOT) projects will be conducted according to the current NCDOT/USACE protocols. NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should also request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. Version: December 2013 Page 2 Jurisdictional Determination Request A. PARCEL INFORMATION Street Address City, State: County: Directions: Reynolds School Rd Canton, NC Haywood From US-23 head east, turn right onto Pisgah Dr, continue straight onto Holtzclaw St, turn right and follow Reynolds School Rd until it dead ends. Parcel Index Number(s) (PIN): B. REQUESTOR INFORMATION Name: Mailing Address: Telephone Number: Electronic Mail Address t 8666-28-0297 Mr. Charles Benton 701 Corporate Center Dr. STE 475 Raleigh, NC 27607 919-854-6250 charles.benton@aecom.com Select one: ❑ I am the current property owner. ❑✓ I am an Authorized Agent or Environmental Consultant ❑ Interested Buyer or Under Contract to Purchase ❑ Other, please explain. C. PROPERTY OWNER INFORMATION Name: William McDowell Mailing Address: 3221 Lamirda Ave Las Vegas, NV 89120 Telephone Number: Electronic Mail Address3: ❑ Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax Record data) 1 If available z Must attach completed Agent Authorization Form 3 If available Version: December 2013 Page 3 Jurisdictional Determination Request D. PROPERTY OWNER CERTIFICATION I, the undersigned, a duly authorized owner of record of the property/properties identified herein, do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -site investigations and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. Property Owner (please print) Date Property Owner Signature E. JURISDICTIONAL DETERMINATION TYPE Select One: I am requesting that the Corps provide a preliminarX JD for the property identified herein. This request does include a delineation. ❑� I am requesting that the Corps provide a preliminarX JD for the property identified herein. This request does NOT include a delineation. ❑ I am requesting that the Corps investigate the property/project area for the presence or absence of WoUS 5 and provide an approved JD for the property identified herein. This request does NOT include a request for a verified delineation. ❑ I am requesting that the Corps delineate the boundaries of all WoUS on a property/project area and provide an approved JD (this may or may not include a survey plat). ❑ I am requesting that the Corps evaluate and approve a delineation of WoUS (conducted by others) on a property/project area and provide an approved JD (may or may not include a survey plat). 4 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E. 5 Waters of the United States Version: December 2013 Page 4 Jurisdictional Determination Request F. ALL REQUESTS ❑� Map of Property or Project Area (attached). This Map must clearly depict the boundaries of the area of evaluation. ❑✓ Size of Property or Project Area 6.4 acres _ ✓V I verify that the property (or project) boundaries have recently been surveyed and marked by a licensed land surveyor OR are otherwise clearly marked or distinguishable. G. JD REQUESTS FROM CONSULTANTS OR AGENCIES (1) Preliminary JD Requests: ❑✓ Completed and signed Preliminary Jurisdictional Determination Form. �✓ Project Coordinates: 35.526083 Latitude-82.825483 Longitude Maps (no larger than l lxl7) with Project Boundary Overlay: ❑� Large and small scale maps that depict, at minimum: streets, intersections, towns �✓ Aerial Photography of the project area �✓ USGS Topographic Map ❑✓ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) 6 See Appendix A of this Form. From Regulatory Guidance Letter No. 08-02, dated June 26, 2008 Version: December 2013 Page S Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑� Wetland Data Sheets Tributaries: ❑� USACE Assessment Forms Other Assessment Forms ❑✓ Upland Data Sheets (when appropriate) ❑✓ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: ■ All aquatic resources (for sites with multiple resources, label and identify) ■ Locations of wetland data points and/or tributary assessment reaches ■ Locations of photo stations ■ Approximate acreage/linear footage of aquatic resources (2) Approved JDs including Verification of a Delineation: ❑ Project Coordinates: Latitude Longitude Maps (no larger than l lxl7) with Project Boundary Overlay: ❑ Large and small scale maps that depict, at minimum: streets, intersections, towns ❑ Aerial Photography of the project area ❑ USGS Topographic Map ❑ Soil Survey Map ❑ Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps) 1987 Manual Regional Supplements and Data forms can be found at: http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits/reg supp.aspx Wetland and Stream Assessment Methodologies can be found at: http://Portal.ncdenr.org/c/document library/get file?uuid=76f3cs8b-dab8-4960-ba43-4Sb7faf06f4c&groupld=38364 and, http://www.saw.usace.army.mil/Portals/S9/docs/regulatory/publicnatices/2013/NCSAM Draft User Manual 130318.pdf 8 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 6 Jurisdictional Determination Request Delineation Information (when applicable): Wetlands: ❑ Wetland Data Sheets Tributaries: ❑ USACE Assessment Forms ❑ Upland Data Sheets ❑ Other Assessment Forms (when appropriate) ❑ Landscape Photos, if taken ❑ Field Sketch overlain on legible Map that includes: • All aquatic resources (for sites with multiple resources, label and identify) • Locations of wetland data points and/or tributary assessment reaches • Locations of photo stations • Approximate acreage/linear footage of aquatic resources Supporting Jurisdictional Information (for Approved JDs only) ❑ Approved Jurisdictional Determination Form(s) (also known as "Rapanos Form(s)") ❑ Map(s) depicting the potential (or lack of potential) hydrologic connection(s), adjacency, etc. to navigable waters. 9 Delineation information must include, at minimum, one wetland data sheet for each wetland/community type. Version: December 2013 Page 7 Jurisdictional Determination Request L REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT Prior to final production of a Plat, the Wilmington District recommends that the Land Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for review. Due to storage limitations of our administrative records, the Corps requires that all hard - copy submittals include at least one original Plat to scale) that is no larger than 11"x17" (the use of match lines for larger tracts acceptable). Additional copies of a plat, including those larger than 11"x17", may also be submitted for Corps signature as needed. The Corps also accepts electronic submittals of plats, such as those transmitted as a Portable Document Format (PDF) file. Upon verification, the Corps can electronically sign these plats and return them via e-mail to the requestor. (1) PLATS SUBMITTED FOR APPROVAL Must be sealed and signed by a licensed professional land surveyor Must be to scale (all maps must include both a graphic scale and a verbal scale) Must be legible Must include a North Arrow, Scale(s), Title, Property Information Must include a legible WoUS Delineation Table of distances and bearings/metes and bounds/GPS coordinates of all surveyed delineation points Must clearly depict surveyed property or project boundaries Must clearly identify the known surveyed point(s) used as reference (e.g. property corner, USGS monument) When wetlands are depicted: • Must include acreage (or square footage) of wetland polygons • Must identify each wetland polygon using an alphanumeric system Version: December 2013 Page 8 Jurisdictional Determination Request ❑ When tributaries are depicted: • Must include either a surveyed, approximate centerline of tributary with approximate width of tributary OR surveyed Ordinary High Water Marks (OHWM) of tributary • Must identify each tributary using an alphanumeric system • Must include linear footage of tributaries and calculated area (using approximate widths or surveyed OHWM) • Must include name of tributary (based on the most recent USGS topographic map) or, when no USGS name exists, identify as "unnamed tributary" ❑ all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to surveyed project/property boundaries ❑ Must include the location of wetland data points and/or tributary assessment reaches ❑ Must include, label accordingly, and depict acreage of all waters not currently subject to the requirements of the CWA (e.g. "isolated wetlands", "non - jurisdictional waters"). NOTE: An approved JD must be conducted in order to make an official Corps determination that a particular waterbody or wetland is not jurisdictional. ❑ Must include and survey all existing conveyances (pipes, culverts, etc.) that transport WoUS Version: December 2013 Page 9 Jurisdictional Determination Request (2) CERTIFICATION LANGUAGE ❑ When the entire actual Jurisdictional Boundary is depicted: include the following Corps Certification language: "This certifies that this copy of this plat accurately depicts the boundary of the jurisdiction of Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is a change in the law or our published regulations, the determination of Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: ❑ When uplands may present within a depicted Jurisdictional Boundary include the following Corps Certification language: "This certifies that this copy of this plat identifies all areas of waters of the United States regulated pursuant to Section 404 of the Clean Water Act as determined by the undersigned on this date. Unless there is change in the law or our published regulations, this determination of Section 404 jurisdiction may be relied upon for a period not to exceed five years from this date. The undersigned completed this determination utilizing the appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual." Regulatory Official: Title: Date: USACE Action ID No.: Version: December 2013 Page 10 Jurisdictional Determination Request (3) GPS SURVEYS For Surveys prepared using a Global Positioning System (GPS), the Survey must include all of the above, as well as: ❑ be at sub -meter accuracy at each survey point. include an accuracy verification: One or more known points (property corner, monument) shall be located with the GPS and cross-referenced with the existing traditional property survey (metes and bounds). ❑ include a brief description of the GPS equipment utilized. Version: December 2013 Page 11 ATTACHMENT A PRELIMINARY JURISDICTIONAL DETERMINATION FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL DETERMINATION (JD): B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Charles Benton, PWS - URS - 701 Corporate Center Dr, STE 475, Raleigh, NC 27607 (Applicant agent) Matt Aufman, NCDEQ Waste Management, Pre -Regulatory Landfill Unit 1646 Mail Service Center Raleigh, North Carolina 27699 (Applicant) C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: Reynolds School Rd Pre -Regulatory Landfill (USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT SITES) State: NC County/parish/borough: Haywood county City: Canton, NC Center coordinates of site (lat/long in degree decimal format): Lat. 35.526083 ON" Long.-82.825483 OW. Universal Transverse Mercator: Name of nearest waterbody: Pigeon River Identify (estimate) amount of waters in the review area: Non -wetland waters: 76.9 linear feet: 5 width (ft) and/or acres. Cowardin Class: R4UB Stream Flow: Intermittent Wetlands: 0.05 acres. Cowardin Class: PEM Name of any water bodies on the site that have been identified as Section 10 waters: Tidal: N/A Non -Tidal: NSA 1 E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL APPLY): ❑ Office (Desk) Determination. Date: ❑ Field Determination. Date(s): THAT SUPPORTING DATA. Data reviewed for preliminary JD (check all that apply - checked items should 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: See attached figures ❑✓ 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: 7.5' Canton, NC USDA Natural Resources Conservation Service Soil Survey. Citation: Haywood County Soil Survey 1997 ❑ 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): ✓❑ Other (Name & Date): Field photos from April 2017 ❑ Previous determination (s). File no. and date of response letter: ❑ Other information (please specify): or 2 1. The Corps of Engineers believes that there may be jurisdictional waters of the United States on the subject site, and the permit applicant or other affected party who requested this preliminary JD is hereby advised of his or her option to request and obtain an approved jurisdictional determination (JD) for that site. Nevertheless, the permit applicant or other person who requested this preliminary JD has declined to exercise the option to obtain an approved JD in this instance and at this time. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre -construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an approved JD for the activity, the permit applicant is hereby made aware of the following: (1) the permit applicant has elected to seek a permit authorization based on a preliminary JD, which does not make an official determination of jurisdictional waters; (2) that the applicant has the option to request an approved JD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an approved JD could possibly result in less compensatory mitigation being required or different special conditions; (3) that the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) that the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) that undertaking any activity in reliance upon the subject permit authorization without requesting an approved JD constitutes the applicant's acceptance of the use of the preliminary JD, but that either form of JD will be processed as soon as is practicable; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a preliminary JD constitutes agreement that all wetlands and other water bodies on the site affected in any way by that activity are jurisdictional waters of the United States, and precludes any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an approved JD or a preliminary JD, that JD will be processed as soon as is practicable. Further, an approved JD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331, and that in any administrative appeal, jurisdictional issues can be raised (see 33 C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary to make an official determination whether CWA jurisdiction exists over a site, or to provide an official delineation of jurisdictional waters on the site, the Corps will provide an approved JD to accomplish that result, as soon as is practicable. 3 This preliminary JD finds that there "maybe" waters of the United States on the subject project site, and identifies all aquatic features on the site that could be affected by the proposed activity, based on the following information: IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. Signature and date of Regulatory Project Manager (REQUIRED) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) 4 Attachment A Figures 6� auref Dr E LL O Champion X A'Sheville HWY U) 0) '0 Gst *OOV'XI -- 0 RC/ ---C.anton Holtzclaw Fad — oo\ CO Falter Plant Rd 90 ......... (D 7� Pisgah School Rd 6 e\ Allen Farm ag Project Study Area 4� 0 00 q, 01 J Gce,0(1" CO 41 -T CO Rd tij q, Kims Cove URS Reynold's School Road Background Assessment Haywood County, NC Legend Study Area Approximate project coordinates Lat: 35.526083 Long: -82.825483 N 00000::� Feet 0 500 1,000 A*IW rm Haywood County French Broad River Basin HUC 06010106 Figure 1 Project Vicinity May 2017 NAD83 NC StatePlane This map is for reference only. URS Reynold's School Road Background Assessment Haywood County, NC Legend Study Area N Feet 0 50 100 681�lw Haywood County French Broad River Basin HUC 06010106 Figure 2 Orthoimagery May 2017 NAD83 NC StatePlane This map is for reference only. U&S Reynold's School Road Background Assessment Haywood County, NC Legend Study Area Source: USGS 7.5' Topo Quad for Canton, NC 2016 N Feet 0 125 250 Haywood County French Broad River Basin HUC 06010106 Figure 3 USGS 7.5' Topo Quad May 2017 NAD83 NC StatePlane This map is for reference only. D2 t - hr - r -1 H L2 lb OL .19 9k _er O IL I OC2 a HaD21 ; •• e'er HeD — 42 r DSC —9L. -M6 9fr S Or, z 0' H&D2 Hec•� NC OneMap, NC Center fbr a gr phi IIII ti n n n ,y I , NC 91f1 B r Ulm Reynold's School Road Background Assessment Haywood County, NC Legend Study Area Source: NRCS Soil Survey for Haywood County, NC 1997 N Feet 0 125 250 681�lw r Haywood County French Broad River Basin HUC 06010106 Figure 4 NRCS Soil Survey May 2017 NAD83 NC StatePlane This map is for reference only- URS Reynold's School Road Background Assessment Haywood County, NC Legend Study Area o Flagpoints (15) PEM Wetland Intermittent Stream Ditch = Culvert N Feet 0 50 100 - anton j Holtzclaw Rd p c a 0 ,,.0 m -Haywood County French Broad River Basin HUC 06010106 Figure 5 WOUS Map May 2017 NAD83 NC StatePlane This map is for reference only. Attachment B Wetland and Stream Forms SA - UT to Pigeon River NC DWQ Stream Identification Form Version 4.11 Date: 4/28/2017 Project/Site: Reynold's School Road Latitude: 35.526566 Evaluator: C. Benton/ URS County: Haywood Longitude:-82.826109 Total Points: Stream Determination circle one) Other Stream is at least intermittent 26 Ephemeral Intermittent Perennial e.g. Quad Name: Canton if ? 19 or perennial if a 30* A. Geomorphology (Subtotal = 14 ) Absent Weak Moderate Strong 1a Continuity of channel bed and bank 0 1 0 3 2. Sinuosity of channel along thalweg 0 1 0 3 3. In -channel structure: ex. riffle -pool, step -pool, sequence 0 1 0 3 -ripple-pool 4. Particle size of stream substrate 0 0 2 3 5. Active/relict floodplain 0 0 2 3 6. Depositional bars or benches 0 0 2 3 7. Recent alluvial deposits 0 0 2 3 8. Headcuts 0 1 0 3 9. Grade control 0 0.5 0 1.5 10. Natural valley 0 0.5 0 1.5 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = 8 ) 12. Presence of Baseflow 0 0 2 3 13. Iron oxidizing bacteria 0 1 0 3 14. Leaf litter 1.5 0 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 es = 3 C. Biology (Subtotal = 4 18. Fibrous roots in streambed 3 2 0 0 19, Rooted upland plants in streambed 3 0 1 0 20. Macrobenthos (note diversity and abundance) 0 0 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish ® 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 'perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Small, intermittent stream that has possible connection to wetland WA via a culvert. Large amounts of iron oxidizing bacteria. Sketch: WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Reynold's School Road City/County: Haywood Sampling Date: 4/28/2017 Applicant/Owner: NCDEQ State: NC Sampling Point: WA -up Investigator(s): C. Benton/ URS Section, Township, Range: Landform (hillslope, terrace, etc.): Hillside Local relief (concave, convex, none): Convex Slope (%): 0-5 Subregion (LRR or MLRA): LRR N MLRA 130B Lat: 35.526501 Long:-82.825031 Datum: WGS84 Soil Map Unit Name: DuC - Dillsboro-Urban land complex, 2 to 15 percent slopes NWI classification: Upland Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes No x Is the Sampled Area Hydric Soil Present? Yes No X within a Wetland? Yes No X Wetland Hydrology Present? Yes No X Remarks: Upland point adjacent to WA. Soils are significantly disturbed due to past land use HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) _ Surface Water (All) _ True Aquatic Plants (B14) _ Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) ! Drainage Patterns (610) _ Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _ Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (131) _ Iron Deposits (135) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) _ Shallow Aquitard (133) _ Water -Stained Leaves (139) _ MicrotopographiC Relief (D4) Aquatic Fauna (B13) _ FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes No x Depth (inches): Water Table Present? Yes No x Depth (inches): Saturation Present? Yes No x Depth (inches): Wetland Hydrology Present? Yes No X (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point:WA-up Absolute Dominant Indicator Tree Stratum (Plot size: ) % Cover Species? Status 1. Prunus serotina, Black Cherry 40 Yes FACU 2. Pyrus calleryana, Bradford Pear 30 Yes FACU 3. Picea abies, Norway Spruce 20 Yes FACU 4. 6 90 = Total Cover 50% of total cover: 45 20% of total cover: 18 Sapling Stratum (Plot size: ) 1. Cornus florida, Flowering Dogwood 15 Yes FACU 2. Prunus serotina. Black Cherry 5 Yes FACU 3. 4. 6. 50% of total cover: 10 Shrub Stratum (Plot size: ) 1. 2. 3. 4. 5 6. 50% of total cover: 0 Herb Stratum (Plot size: ) 1. Stellaria media, Common Chickweed 2. Polystichum acrostichoides, Christmas Fern 3. 4. 6. 7. 9. 10. 11. 20 = Total Cover Dominance Test worksheet: Number of Dominant Species That Are OBL, FACW, or FAC: 2 (A) Total Number of Dominant Species Across All Strata: 8 (B) Percent of Dominant Species That Are OBL, FACW, or FAC: 25.0°% (AIB) Prevalence Index worksheet: Total % Cover of: Multiply bv', OBL species o x 1 = 0 FACW species 0 x 2 = 0 FAC species 20 x 3 = 60 FACU species 90 x 4 = 360 UPL species 115 x 5 = 575 Column Totals: 225 (A) 995 (B) Prevalence Index = BIA = 4.42 20% of total cover: 4 _ 1 - Rapid Test for Hydrophytic Vegetation _ 2 - Dominance Test is >50% _ 3 - Prevalence Index is s3.0' 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) Problematic Hydrophytic Vegetation' (Explain) 0 = Total Cover 20% of total cover: 0 70 Yes UPL C Al.. CAI l I 75 = Total Cover 50% of total cover: 37.5 20% of total cover: 15 Woody Vine Stratum (Plot size: } 1. Lonicera japonica, Japanese Honeysuckle 10 Yes FAC 2. Toxicodendron radicans, Eastern Poison Ivy 10 Yes FAC 3. 4. 5. 20 = Total Cover 50% of total cover: 10 20% of total cover: 4 Remarks: (Include photo numbers here or on a separate sheet.) 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. Definitions of Five Vegetation Strata: Tree - Woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and 3 in. (7.6 cm) or larger in diameter at breast height (DBH). Sapling - woody plants, excluding woody vines, approximately 20 ft (6 m) or more in height and less than 3 in. (7.6 cm) DBH. Shrub - Woody plants, excluding woody vines, approximately 3 to 20 ft (1 to 6 m) in height. Herb - All herbaceous (non -woody) plants, including herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 ft (1 m) in height. Woody vine - All woody vines, regardless of height. Hydrophytic Vegetation Present? Yes No x US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point:wA-up Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist % Type Loc Texture Remarks 0-12+ 10YR 3/6 100% 'Type: C=Concentration, D= Hydric Soil Indicators: _ Histosol(A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): Soils significantly disturbed Sandy loam RWReduced Matrix, MS=Masked Sand Grains. ZLocation: PL=Pore Lining, WMatrix. Indicators for Problematic Hydric Dark Surface (S7) Polyvalue Below Surface (S8) (MLRA 147, 148) Thin Dark Surface (S9) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) _ Depleted Matrix (F3) Redox Dark Surface (F6) Depleted Dark Surface (F7) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) _ Piedmont Floodplain Soils (F19) (MLRA 148) _ Red Parent Material (F21) (MLRA 127, 147) _ 2 cm Muck (A10) (MLRA 147) Coast Prairie Redox (A16) (MLRA 147, 148) Piedmont Floodplain Soils (F19) (MLRA 136, 147) Very Shallow Dark Surface (TF12) Other (Explain in Remarks) 3indicators of hydrophytic vegetation and wetland hydrology must be present, unless disturbed or problematic. Hydric Soil Present? Yes No US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 WETLAND DETERMINATION DATA FORM - Eastern Mountains and Piedmont Region Project/Site: Reynold's School Road City/County: Haywood Sampling Date: 4/28/2017 Applicant/Owner: NCDEQ State: NC Sampling Point: WA -wet Investigator(s): C. Benton/ URS Section, Township, Range: Landform (hillslope, terrace, etc.): Depression/Seep Local relief (concave, convex, none): Concave Slope (%): 0-5 Subregion (LRR or MLRA): LRR N MLRA 130B Lat: 35.526624 Long:-82.825506 Datum: WGS84 Soil Map Unit Name: DuC - Dillsboro-Urban land complex, 2 to 15 percent slopes NWI classification: PEM Are climatic / hydrologic conditions on the site typical for this time of year? Yes x No (If no, explain in Remarks.) Are Vegetation Soil or Hydrology significantly disturbed? Are "Normal Circumstances" present? Yes x No Are Vegetation Soil or Hydrology naturally problematic? (If needed, explain any answers in Remarks.) SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transects, important features, etc. Hydrophytic Vegetation Present? Yes x No Is the Sampled Area Hydric Soil Present? Yes No x within a Wetland? Yes x No Wetland Hydrology Present? Yes X No Remarks: Wetland originating from seep/headwater. DA connects WA to SA. Study area located in a pre-existing landfill HYDROLOGY Wetland Hydrology Indicators: Secondary Indicators (minimum of two required) Primary Indicators (minimum of one is required: check all that apply) _ Surface Soil Cracks (136) X Surface Water (All) _ True Aquatic Plants (B14) _ Sparsely Vegetated Concave Surface (138) _ High Water Table (A2) _ Hydrogen Sulfide Odor (Cl) ! Drainage Patterns (1310) X Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (B16) Water Marks (B1) _ Presence of Reduced Iron (C4) _ Dry -Season Water Table (C2) _ Sediment Deposits (B2) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) _ Drift Deposits (133) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (134) _ Other (Explain in Remarks) _ Stunted or Stressed Plants (131) _ Iron Deposits (135) x Geomorphic Position (D2) Inundation Visible on Aerial Imagery (B7) x Shallow Aquitard (133) _ Water -Stained Leaves (139) _ MicrotopographiC Relief (D4) Aquatic Fauna (B13) X FAC-Neutral Test (D5) Field Observations: Surface Water Present? Yes x No Depth (inches): 2 Water Table Present? Yes No x Depth (inches): Saturation Present? Yes x No Depth (inches): 0 Wetland Hydrology Present? Yes x No (includes capillary fringe) Describe Recorded Data (stream gauge, monitoring well, aerial photos, previous inspections), if available: Remarks: US Army Corps of Engineers Eastern Mountains and Piedmont — Version 2.0 VEGETATION (Five Strata) - Use scientific names of plants. Sampling Point:WA-wet Absolute Dominant Indicator Dominance Test worksheet: Tree Stratum (Plot size: ) % Cover Species? Status Number of Dominant Species 1. Salix nigra, Black Willow 30 Yes OBL That Are OBL, FACW, or FAC: 6 (A) 2. Acer negundo, Ash -Leaf Maple 5 No FAC Total Number of Dominant 3 Species Across All Strata: 6 (B) 4. Percent of Dominant Species 5. That Are OBL, FACW, or FAC: 100.0% (AfB) 6. Prevalence Index worksheet: 35 = Total Cover Total % Cover of: Multiply by 50%of total cover: 17.5 20% of total cover: 7 OBL species 50 x 1 = 50 Sapling Stratum (Plot size: ) FACW species 35 x 2 = 70 1. Salix nigra, Black Willow 15 Yes OBL FAC species 55 x 3 = 165 2. FACU species 0 x 4 = 0 3. UPL species 0 x 5 = 0 4. Column Totals: 140 (A) 285 (B) 5. 6. Prevalence Index = BIA = 2.04 15 = Total Cover Hydrophytic Vegetation Indicators: 50% of total cover: 7.5 20% of total cover: 3 _ 1 - Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size: ) x 2 - Dominance Test is >50% 1. Rubus sp., Blackberry 5 Yes FAC x 3 - Prevalence Index is s3.0' 2. Salix nigra, Black Willow 5 Yes OBL _ 4 - Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) 3. Problematic Hydrophytic Vegetation' (Explain) 4. 5 'Indicators of hydric soil and wetland hydrology must be present, unless disturbed or problematic. 10 = Total Cover Definitions of Five Vegetation Strata: 50% of total cover: 5 20% of total cover: 2 Tree - Woody plants, excluding woody vines, Herb Stratum (Plot size: ) approximately 20 ft (6 m) or more in height and 3 in. 1. Gramineae spp., Grasses 40 Yes FAC (7.6 cm) or larger in diameter at breast height (DBH). 2. Solidago sp., Goldenrod 20 Yes FACW Sapling - Woody plants, excluding woody vines, 3. Impatiens capensis, Spotted Touch -Me -Not 10 No FACW approximately 20 ft (6 m) or more in height and less 4. Juncus effusus, Lamp Rush 5 No FACW than 3 in. (7.6 cm) DBH. 5. Mollugo cerviana, Thread -Stem Carpetweed 5 No FAC Shrub - Woody plants, excluding woody vines, 6 approximately 3 to 20 ft (1 to 6 m) in height. 7. Herb - All herbaceous (non -woody) plants, including B. herbaceous vines, regardless of size, and woody plants, except woody vines, less than approximately 3 9 ft (1 m) in height. 10. Woody vine - All woody vines, regardless of height. 11. 80 = Total Cover 50% of total cover: 40 20% of total cover: 16 Woody Vine Stratum (Plot size: } 1. 3. 4. 5. Hydrophytic 0 = Total Cover Vegetation 50% of total cover: 0 20% of total cover: 0 Present? Yes x No Remarks: (Include photo numbers here or on a separate sheet.) US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 SOIL Sampling Point:wA-wet Profile Description: (Describe to the depth needed to document the indicator or confirm the absence of indicators.) Depth Matrix Redox Features (inches) Color (moist) % Color (moist % Type Loc Texture Remarks 0-12+ 2.5YR 4/4 95% 10YR 5/8 5% C M Silty clay loam Silica present 'Type: C=Concentration, D= Hydric Soil Indicators: _ Histosol(A1) Histic Epipedon (A2) Black Histic (A3) _ Hydrogen Sulfide (A4) _ Stratified Layers (A5) 2 cm Muck (A10) (LRR N) Depleted Below Dark Surface (A11) Thick Dark Surface (Al2) _ Sandy Mucky Mineral (S1) (LRR N, MLRA 147, 148) Sandy Gleyed Matrix (S4) Sandy Redox (S5) _ Stripped Matrix (S6) Restrictive Layer (if observed): Type: Depth (inches): RWReduced Matrix, MS=Masked Sand ZLocation: PL=Pore Lining, WMatrix. Indicators for Problematic Hydric Sc Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) Polyvalue Below Surface (S8) (MLRA 147, 148) _ Coast Prairie Redox (A16) Thin Dark Surface (S9) (MLRA 147, 148) (MLRA 147, 148) _ Loamy Gleyed Matrix (F2) , Piedmont Floodplain Solis (F19) _ Depleted Matrix (F3) (MLRA 136, 147) Redox Dark Surface (F6) _ Very Shallow Dark Surface (TF12) Depleted Dark Surface (F7) _ Other (Explain in Remarks) Redox Depressions (F8) Iron -Manganese Masses (F12) (LRR N, MLRA 136) Umbric Surface (F13) (MLRA 136, 122) 3indicators of hydrophytic vegetation and _ Piedmont Floodplain Soils (F19) (MLRA 148) wetland hydrology must be present, _ Red Parent Material (F21) (MLRA 127, 147) unless disturbed or problematic. Hydric Soil Present? Yes No X Soils are significantly disturbed with excess amounts of silt from erosion. The soils were expected to be hydric had they not been significantly altered due to past land use. US Army Corps of Engineers Eastern Mountains and Piedmont - Version 2.0 Attachment C Representative Photographs Reynold's School Road Haywood County Reynold's School Road Haywood County, North Carolina North Carolina Department of Environmental Quality Division of Waste Management, Pre -Regulatory Landfill Unit 1. View looking east at WA, wetland data point. 2. View looking northwest at WA, upland data point. North Carolina Department of Environmental Quality 3. View looking east at SA. Reynold's School Road Haywood County View looking southwest at culvert in SA. 5. View looking southwest at DA. North Carolina Department of Environmental Quality 2 Attachment D Flag Point Locations Reynold's School Rd Flag Point Locations .• ID SA-RB-I Latitude. 35.52657653 . • -82.82621814 SA-RB-2 35.52656712 -82.8261372 SA-RB-3 35.52656641 -82.82609486 SA-RB-4 35.52653797 -82.82584217 SA-RB-5 35.5265091 -82.82579932 DA-1 35.52654068 -82.82578084 DA-2 35.52656518 -82.82570709 DA-3 35.52658321 -82.8256471 DA-4 35.52660694 -82.82556805 WA-1 35.52658546 -82.82548683 WA-2 35.52661218 -82.82536535 WA-3 35.52669812 -82.82535818 WA-4 35.52670569 -82.8254666 WA-5 35.52672621 -82.82556518 WA-6 35.52662472 -82.8255558 NCDEQ — Waste Management Canton, North Carolina U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2016-00774 County: Haywood U.S.G.S. Quad: Canton NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: William McDowell Address: 3221 Lamirda Avenue Las Vesas, Nevada 89120 Size (acres): 6_5 Nearest Town: Canton Nearest Waterway: UT Pigeon River Coordinates: 35.52614 N, 82.82589 W River Basin/ HUC: Pigeon (06010106) Location description: The site is located on a tract of land (PIN 8666-28-0297) known as the former Reynolds School at the end Reynolds School Road in Canton, Haywood County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption ofCWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section. 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USG § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years fi•om the date of this notification. _ We recommend you have the waters of the U.S, on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years froin the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USG 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (LAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on July 7, 2017 and are as approximately depicted on the attached Figure 5 WOUS Map (May 2017) submitted by URS/AECOM. E. Attention. USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. 1f you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by NIA (Preliminary -JD). **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Officia . David Brown Issue Date of JD: July 12, 2017 Expiration Date: N/A Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at hgp:HcorpsmUu.usace.army.mil/em_apex/f?p=136:4:0. Copy furnished: NCDEQ — Pre -Regulatory Landfill Unit, Matt Aufman, 1646 Mail Service Center, Raleigh, NC 27699-1646 AECOM, Charles Benton, 701 Corporate Center Drive, Suite 475, Raleigh, NC 27607 BLANK PAGE NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR, PEAL Applicant: William McDowell File Number: SAW-2016-00774 Date: July 12, 2017 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter ofpermission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DETERMINATION D ® PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal, of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/CivilWorks/RegglatgZProgramandPermits.asox or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: if you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (.LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer, This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. r ',s rc,.,....... �...-. ..,----�� `:R:� ..< F .nr.,. `a^gym.. CK✓",", :vie"Gr"C., .,..X`�.,.-.wsh.`„:.c`M-.-:. �.a ,G"..r ., .. ..'5 ... '. !'i. s. `::.. ✓, :: `„'. 5„ �^w J. .,�.k':v.,v.. V.?�,`�..-'...`i"r`, �'`�.:W' :",��,`� .,+.x ,C.^-.')� � �-="l.. ;: - •!"�.. \ '�:! .r� ✓.E,., v`.,C =r.': C--�, f^4' �;»'^v,, P,?-.�Gu. v^.r=a ! � : t� � h'^"l ."-ti �yw4 -..`�? :; .py✓^+ ry1\ y�^[y �] j�/1e 1v lk+, r':.,.✓L"h.:s!''-w\+.""�c�`ur,m`^�-tv'_:..G����- Lam. ��.���R ��". '� �����`:,,,":rn�� �-.�.,`;Ciy �������.�T.'��R......e..e��.-: ^.��I���?.t+r�,4�✓, _ �.Clf,-, E". a--^; �r �M REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add. new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. � v If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Mr. Jason Steele, Administrative Appeal Review Officer Attn: David Brown CESAD-PDO 151 Patton Avenue, Room 208 U.S. Army Corps of Engineers, South Atlantic Division Asheville, North Carolina 28801-5006 60 Forsyth Street, Room I OM15 828-271-7980, ext. 4232 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M1S, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: July 12, 2017 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: William McDowell 3221 Lamirda Avenue Las Vegas, Nevada 89120 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2016-00774, Reynolds School Road Landfill D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The site is located on a tract of land (PIN 8666-28-0297) known as the former Reynolds School at the end Reynolds School Road in Canton, Haywood County, North Carolina. State: NC County/parish/borough: Haywood City: Canton Center coordinates of site (lat/long in degree decimal format): 35.52614 N, 82.82589 W Universal Transverse Mercator: N/A Name of nearestwaterbody: UT Pigeon River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: July 12, 20I7 Field Determination. Date(s): July 7, 2017 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Centered Coordinates Estimated Amount of Geographic (decimal degrees) Aquatic Resource in Authority to Which Review Area Type of Aquatic Aquatic Resource Site Number Latitude Longitude (linear feet or acre) Resources "May Be" Subject SA Wetland Z Section 404 (UT Pigeon River) 35.52655 -82.82612 76.9 Non -wetland Waters [] Section 10/404 Wetland Section 404 WA 35,52659 -82,82544 0.05 ED Non -wetland Waters Section 10/404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requester of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative orjudicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: 0 Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: URS/AECOM Z Data sheets prepared/submitted by or on behalf of preliminary JD requester. URS/AECOM ® Office concurs with data sheets/delineation report. (per edits based upon on -site field verification, July 7, 2017) ❑ Office does not concur with data sheets/delineation report. Rational: El Data sheets prepared by the Corps: El Corps navigable waters' study: U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS S and 12 digit HUC maps. Z USGS map(s). Cite scale & quad name: Canton. Natural Resources Conservation Service (MRCS) Soil Survey. Citation: Haywood County, NC r-y National wetlands inventory (NWI) map(s). Cite name: El State/Local wetland inventory map(s): El Federal Emergency Management Agency (FEMA) / .Flood Insurance Rate Map (FIRM) maps: 0 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) El Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): k. Previous deterrnination(s). File no. and date of response letter: ED Applicable/supporting scientific literature: Z Other information (please specify): The site contains wetlands as determined by the 1987 Carps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual. Eastern Mountain and Piedmont Region, Version 2.0. These wetlands are contiguous and flow directly into associated streams which flow indirectly into TNWs. Wetland hydrology is enhanced with an abutting stream via normal down gradient flows and periods of high water. The wetlands abut a stream channel, UT Pigeon River, located on the property that exhibit indicators of ordinary high water marks (OWHM). The stream on the property is a UT Pigeon River which exhibit indicators OHWM including developed bed and bank, scour, presence of litter and debris, sediment sorting and deposition, and leaf litter washed away. The UT Pigeon River flows into the Pigeon River, a traditional navigable river, which flows into the French Broad River. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River then to the Mississippi River before entering the Gulf of Mexico. 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. i David Brown, July 12, 2017 Signature and date of Regulatory staff member completing preliminary JD William McDowell OR NCDEQ — Pre -Regulatory Landfill Unit 1 Matt Aufman or other NCDEQ representative (per Agent Authorization) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 0