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
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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
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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.
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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.
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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