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HomeMy WebLinkAbout20120517 Ver 1_401 Application_201205121 E NGINEERING & H YDROGEOLOC'Y 231 HAYWOOD STREET ASHEVILLE NC 28801 TEL 828 281 3350 FAC 828 281 3351 WWW ALTAMONT6NVIROHNENTAIL CON May 22 2012 Ms Karen Higgins North Carolina Department of Environment and Natural Resources Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650 Subject Additional Documentation Requested by DENR Electrolux Expansion 1310 Fanning Bridge Road Fletcher North Carolina Dear Ms Higgins 20 205 1 7 2 0 r f Pleasc find attached to this letter the documents requested In your correspondence letter dated May 17 2012 from the Division of Water Quality to me b The additional information requested indicated that Minkles LLC was shown as dissolved Based on a phone conversation wish you yesterday we understand that this was a mistake The Secretary of State document attached to this letter shows that Minkles LLC is in fact a North Carolina licensed company The attached report printed from the Department of the Secretary of State website indicates that Minkles LLC has a current active status Five copies of a completed Application for Department of the Army Permit form are also attached Lastly please find attached five copies of an Agent Authorization Form signed by Minkles LLC for the Electrolux property If you have any additional questions or require additional information please do not hesitate to contact me at (828)2813350 Thank you for your time and consideration on this project Sincerely A ONT ENVIRONM NTAL Joel Enclosures .�'-Z PG MAY E') DENR WlyiFt Qi;rsLITY Department of the Secretary of State status report for Minkles LLC kone copy only) Five copies of the Application for Department of the Army Permit Five copies of the Agent Authorization Form Check for $570 to the Division of Water Quality Five copies of the Individual Permit Application dated April 19 2012 Five I opies of the Request for Jurisdictional Determination dated April 9 2011 P \Acadia t apitdl Group \Hr rtrolux Site \DLNR \Cover Letter To DENR With Additional Documentation Docx w Y 4-. O a� U O O t8 U U- Oj C O N Yl Lw� d CD W 0 C � y IL�j /�J o dr' °-' U) V CY v/ f CY d LL 40 C C N CM 0 O N O w >. !. N m N Z N O1 1n N S�yyrr cli m O X w c m CD Y IN CY € N u LL N LL N (o % w z 0 0 Z a c_ F m o t fi ° Q w U) _ U c N ° U y 5 ma U mn m "' (n V 3 V 5 J l0 7 ..I O) D. W 0 L a o w m a cL a y 7 N 1 9? T L W a a d Na -V N 3: 'o fAU Z � HN ►7 a M M N O N w 0 201 205 1 T U S ARMY CORPS OF ENGINEERS OMB APPROVALNO 0710.0003 APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT EXPIRES 31 AUGUST 2019 133 CFR 3951 Public reporting for this collection of inforrnatrun lb estimated to average 11 hours par response including the lime for revlowing Instructions searching existing data sources gathering and maintaining the date needed and completing and ravlawing the collection or information Send comments tug arding lids buden eatiindlu or any other aspect of the collection of Information Including suggestions for reducing this burden to Department or Defense Washinolnn Headquarters Executive Services and Communications Directorate Information Management Division and to the Office of Management and Budget Paperwork Reduction Project (0710 0003) Respondents should be aware that notwithstanding any other provision of law no person shall be subject to any penally for tailing to comply with a collection of information If it dusb itul display a currently valid ONO control number Plesso UO NOT RETURN your form to either of chose addresses Completed applications must bp subm tied to the District Crigmeer having Jurisdiction over the location of the proposed activity PRIVACY ACT STATEMENT Authentic Rivers and Harbors Act Section 10 33 USC 403 Clean Water Act Serllon 404 13 USC 1344 Marine Protection Research and Sanctuaries Act Section 103 33 USC 1413 Regulatory Programs of lho Corps of Engineers rinal Rule 33 CFR 320 332 Principal Purpose Information provided on this form will be trued in evalualinq the application to a permit Routine Uses This information may be shared with ilia Department of Justice and otter federal btate anid lut al government agencies and the public and maybe made available as part or a public notice as required by Federal law Submission of twptmtnrl Infafmalion ib voluntary however if Information is not provided pie permit application Carmel be evalueled not wo a peril be Issued One sel of original drawings or good reproducible copies which show lhL location and character of the proposed activity must be ailachPrl In this application (son sample drawings andlor instructions) and be submitted to the District Engineer having Jurisdiction over the location of Pie proposed act vlty, An application that is not completed in full will be returned (ITEMS 1 THRU 4 TO BE FILLED i3Y THE CORPS) 1 APPLICATION NO 2 FIELO OFFICE CODE 3 DATE RECEIVED 4 DATE APPLICATION COMPLETt (ITEMS BFLOW TO BE FILLED BYAPFLiCANT) 5 All LK AN i b NAMh 8 AUTHORIZErl AGFNT S NAME AND TITLE (agent is not required) First I)dv►d Middle Last Gibbons l-abl JIMI Middle David Last Lail, Company Minhle% 1 I ( Company Allamtnit I nvrnnmLatal Inc E mall Address dn%gibb,0%,i%hcll nU E mail Address ) lL►al. (('I"altaniontenvironm►.nlyd cam G APPIJCANTS ADDRESS g AGENT S ADDRESS Addn bs 400 South W coal 51 1250 Address 211 1loy%%i od St City 0811 is Stain I X Zip 75202 Country LISA City A +hcvdle Staa N( tip 2b801 Country USA 7 APPI ICANr%PHONL NOs yr /AREA L UUt 10 AGENTS PHONE NOs wlAREA CODr a Rmidance It BUbrtesb c Fax a Residence b Buellocs c Fax 211 747 0150 214 717 1710 1 828 281 3350 828 281 3131 STATEMENT OF AUTHORIZATION i 1 f hereby aulhonze r Joel l) Lank to ucl in my bel calf ab my agLnl In the processing of this application and to furnish upon request rupplemental information In support of this permit appl canon SIGNATURE OF APPLICANT DATE �^ NAME LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12 PROJL(.T NAME OR TITLE ( co in trucilons) W,trulu\ I \p i nmon 13 NAME OF WATERBODY IF KNOWN (it applicable) 14 PROJECT STREET ADDRESS (if applicable) t Iniunned l rihul ir) fo I ruwh 13ttn id Rn ci Address 1310 railning 13i idgc D t1 15 LOCATION OF PROJECT Cit/ I letehel S 2 Lulluie N 35433665 longitude W 81521181 16 OTI ICR LOCATION DESCRIPTIONS IF KNOWN (see instructions) �. h Y R J A VI a State Tax Parcel ID 911371758100(X)0 MunichpalllyAshclIlk Sadaut l ovmshhp f ILILhci Range N )� QUf�LITY DER Bra CNG r ORM 4345 OCT 2010 EUITiONOt• OCT 2004IS OBSOLETE rr rorern clmvor 17 DIRECTIONS TO THE SITE From Interstate 26 exit at Exit 40 Head west on Highway 280 for approximately 0 5 miles Turn IeA on Fanning Bridge Road and site is first drive on left at 1310 Fanning Bridge Road Please refer to Figure 1 Site Location Map 18 Nature of AcOvity (Description of prolecl include all features) The project comprises of constroction of a 300 000 square foot additton onto the existing 400 000- square -foot Electrolux Facility on a zoned industrial site. The existing building will be expanded in two areas One area will occur to the northwest of the existing building and will be approximately 200 000 square feet built in an L shape configuration The other area will occur to the southwest of the existing building and will be approximately 100 000 square feet built in a rectangular configuration The building expansion will be consti ucted of material similar to the existing building which is mostly concrete flooring with steel framing and metal siding The expansion will require grading work with both cut and fill of existing soil on site Additionally the shipping entrance will be reconfigured to have the entrance off of Highway 280 instead of Fanning Bridge Road The expansion will Impact 614 linear feet of stream and 0 006 acres of wetland The stream will be placed Ina culvei t from where it exits the existing culvert on the west side of the current parking area to where grading for the expansion terminates Please refe► to Appendix A Site Plan and Figure 2 Stream and Wetland Map 19 Project Purpose (Describe the reason or purpose of the project see Instructions) The client who leases the Minkleb LLC property is Eleetrolux Electrolux has expanded their operations and in order to accommodate their growth the building will need to increase in size or else Electrolux will move their operations to a different facility outside of the state of North Carolina taking with them approximately 267 local jobs The construction of the expansion needs to begin by September 2012 for the project to remain viable The project is scheduled to be completed in December 2012 USE BLOCKS 20 23 IF DREDGED ANDIOR FILL MATERIAL IS TO BE DISCHARGED 20 Reason(s) for Discharge The specific purpose of putfing fill material into the existing stream and wetland is to allow for the existing stream to be placed into a culvert to create the area for the expansion to be constructed The proposed configuration of the expansion was selected to impacted the least amount of streams and wetlands possible within the site s parcel boundary 21 Type(s) of Material Being Discharged and the Amount of Each Type In Cubic Yards Type Type Type Amount in Cubic Yards Amount In Cubic Yards Amount in Cubic Yards Cut sod native to the site 200 cubic yards 22 Surface Area In Acres of Wetlands or Other Waters Filed (see Instructions) Acres 0 006 of wctland or Unear Feet 614 of stream 23 Description of Avoidance Minimization and Compensation (see Instructions) The expansion is avoiding approximately 1200 Imeat feet of streams and 0 3 acies of wetlands on remaining portions of the property Additionally the configuration of the proposed construction plan has been modified to minimize impacts to existing streams and will leave an additional 200 linear feet of stream un impacted totaling 1 40D linear feet. Compensatory mitigation will he performed by purchasing credits from the North Carolina Rcosystem Enhancement Program (NCEEP) ENG FORA? 4346 OCT 2040 24 Is Any Portion of the Work Already Complete? XQYes []No IF YES DESCRIBE THE COMPLETED WORK I Inmmng Rork utcl udml, but not Irmltcd to a prt, conslrur.tion topubuaphie %uric) of thi,eapanion area architectural design and unruronnienhil a orl, for the expansion has either taken place or is undcr%%ay Construction nor t.arlh moving work has begun at the site 25 Addresses of Adjoining Property Owners lessees Etc Whose Property Adjoins the Walerbody (I more fhm cmbe entered here please egad a stppememal hsq a Address 13011 annum Widgt, Ito id City Iletchcr State Al( Zip 28732 b Address 61 ft.nnmil l)nvL City Iletchcr State N( Zip 28732 c Address city State Zip d Address City State lip e Address City State Zip 20 LIM of Other CeilifiLdleb w AppiuvdWDeidals received front other Federal Slate or Local Agencies for Work Described In This Application AGENCY 1 YPE APPROVAL IDENTIfICAT10N DATF APPI IFn DATE APPROVFD DATE DENIED NUMBER Would include but is not restricted to zoning budding and flood plain pemuls 27 Application is hereby made for permit or permits to authorize the work described In [his application I ceib Ihat this tDformabon in this application is complete and accurate I further certify that I possess the authority to undertake the work described herein or in a�iifig as the duty authorized agent of the appicanL ti.a-r'q� � 1�-1 20l L. /,. / _ 20120423 SIGNATURE OF APPLICANT DATE ,SIGNATUR19OF AGENT DATE The Application must be signed by the person who desires to undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed 18 U S C Section 1001 provides that Whoever to any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies conceals or covers up any tnck scheme or disguises a material fact or makes any false fichhous or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false fictitious or fraudulent statements or entry shall be fined not more than $10 000 or imprisoned not more than five years or both ENG FORM 434,) OCT2010 [ E`NGINEERIiVG & H Y b ROGEOL04GY 231 HAYWOOD STREET ASHEVILLE NC 28801 TEL 828 281 3350 FAG 828 281 3351 WWW ALTANONTRNVIRONNUNTAL CON AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION PARCELID 9643717581 STREET ADDRESS 1310 Fanning Bridge Road Fletcher, North Carolina 28732 Please print Property Owner David Gibbons. as Managing Member for Minkles LLC The undersigned registered property owner(s) of the above noted property do hereby authorize Joel Lenk , of Altamont Environmental. Inc. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing issuance and acceptance of this permit or certification and any and all standard and special conditions attached Property Owner's Address (if different than property above) 400 South Record Street. Suite 1250 Dallas, Texas 75202 Telephone 214 -747 0350 We hereby certify the above information submitted In this application Is true and accurate to the best of our knowledge �1• ;vim\,- _ Authorized Signature Date _April 16.2012 =E. NGINELRiNG & H YDROGEOLOGY 131 HAYWOOD STREET ASHEVILLE NC 28801 TEL 8213 281 3350 FAc 828 281 3351 WWTN ALTAMONTENVIRONMENTAL CON 2Q120517 May 10 2012 North Carolina Department of Environment and Natural Resources Division of Water Quality 401 /Wetlands Unit 1650 Mail Service Center Raleigh North Carolina 27699 1650 Subject Individual Permit Application and Jurisdictional Determination Data provided to the USACE Electrolux Expansion 1310 Fanning Bridge Road � Fletcher North Carolina $ Dear 401 /Wetlands Unit 4 Please find along with this letter the documents that were provided to the United States Army Corps of Engineeers ( USACE) titled Individual Permit (IP) Application dated April 19 2012 and Request for Jurisdictional Determination (JD) dated April 9 2012 for the Electrolux Expansion project in Fletcher North Carolina Due to the amount of impacts to streams an Individual Permit was required for proposed expansion activities in lieu of a Pre construction Notification Additionally please be aware that the figures in the JD package predate the figures in the IP package and that the IP figures are the most recent and most accurate figures for the site (notably Figures 2 3 and Aiton drawing C101) Thank you for your time and consideration on this project Please feel free to call or respond with any questions or comments Sincerely A7Le RONMENTAL INC MAY >' 4 2012 DENR WATE=R QUALITY Wetlands & St watw l3ranch J Enclosures Check for $570 to the Division of Water Quality Five copies of the individual Permit Application dated April 19 2012 Five copies of the Request for Jurisdictional Determination dated April 9 2012 P \Acadia Capital Group \Electrolux Site \IP Appiication \Cover Letter To DENR Dory ALTAtiiONT E MRONNIENTAL, . . 231 HAYWOOD STREET ASHEVILLE NC 28801 TEL 828 281 3350 FAC 828 281 3351 WWW ALTANONTENVIRONNENTAL CON Transmitted by email Tasha L McCorm►ck@usace army mil April 19 2012 Ms Tasha McCormick Asheville Regulatory Field Office U S Army Corps of Engineers Wilmington District 151 Patton Avenue Room 208 Asheville North Carolina 28801 Subject Individual Permit Application Electrolux Expansion Fletcher North Carolina Dear Ms McCormick Enclosed with this letter you will find an Individual Permit application prepared by Altamont Environmental Inc on behalf of Minkles LLC Minkles LLC owns parcel number 9643717581 which contains an existing 400 000 square foot building Electrolux is the current tenant of that building and has requested that Minkles LLC construct a 300 000 square foot expansion in order to maintain operations at their current location The proposed expansion will impact 614 linear feet of stream and 0 006 acres of wetland Altamont Environmental Inc and Minkles LLC appreciate your time and consideration on this project Please feel free to call or respond with any questions or comments that you may have Since AMONT ENVI Joel enk P G Enclosures Individual Permit Application Figure 1 —Site Location Map Figure 2— Stream and Wetland Map Appendix A -Site Plan Prepared by David Alton of Alton Anderson Architecture Appendix B -NC SHPO Map Appendix C -NC EEP Letter P \Acadia Capital Group \Electrolux Site \IP Application \Cover Letter Docx INDIVIDUAL PERMIT APPLICATION CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application MEMORANDUM FOR RECORD SUBJECT Department of the Army Environmental Assessment and Statement of Finding for Above Numbered Permit Application This document constitutes the Environmental Assessment 404(b)(1) Guidelines Evaluation Public Interest Review and Statement of Findings 1 Application as described in the public notice APPLICANT Acadia Capital Group LLC /Mmkles LLC --%> '�00 6 lord J* a�Q w.QA .�Z "T X -75 Zo 2- WATERWAY & LOCATION Unnamed Tributary to the French Broad River Fletcher North Carolina (Figure 1) LATITUDE & LONGITUDE Latitude North 35 433665 Longitude East 82 533181 PROJECT PURPOSE Basic Construct a 300 000- square foot addition onto the existing 400 000 square foot Electrolux Facility (Appendix A) on a zoned industrial site Overall The client who leases the Acadia Capital Group LLC /Minkles LLC property is Electrolux Electrolux has expanded their operations and in order to accommodate their growth the budding will need to increase in size or else they will have to move their operations to a different facility outside of the state of North Carolina taking with them approximately 267 local Jobs The expansion of the facility will impact 614 linear feet of stream and 0 006 acres of wetland The applicant will purchase compensatory mitigation credits for the stream impacts from the North Carolina Ecosystem Enhancement Program (NCEEP) Furthermore the applicant strongly considered proposing on site mitigation for stream impacts however this option was not selected due to concerns associated with the timing of receiving an Individual Permit for this type of mitigation initiating construction of the expansion project and the United States Army Corps of Engineers (USACE) and North Carolina Division of Water Quality (DWQ) priorities regarding preferred methods for obtaining compensatory mitigation Water Dependency Determination The building expansion has been designed to impact the least amount of stream and wetland possible while taking into consideration the restrictions associated with the parcel size topography and access for the expansion that will include a new entrance that will allow tractor trailer trucks to safely navigate in and out of the facility PROPOSED WORK Avoidance and Minimization Information The expansion is avoiding approximately 1200 linear feet of streams and 0 3 acres of wetlands on remaining portions of the property Additionally the configuration of the proposed construction plan has been modified to minimize impacts to existing streams and will leave an additional 200 linear feet un impacted totaling 1400 linear feet Compensatory Mitigation Compensatory mitigation will be performed by purchasing credits from the NCEEP Page 1 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application EXISTING CONDITIONS According to the USACE and DWQ, and Stream Quality Assessment Worksheets completed for the site the existing condition of the streams on the site are Poor —Fair The site has historically been impacted from the construction of Interstate 26 adjacent to the Permit Area parcel development of the existing Electrolux facility in the 1980s and development upstream of the Electrolux facility in the 1990s All of this development has resulted in large amounts of deforestation creation of impervious surface and the resulting hydrologic changes in the watershed Additionally this development has culverted large sections of the existing stream which has further impacted habitat and stream condition (Figure 2) 2 Authority ® Section 10 of the Rivers and Harbors Act of 1899 (33 U S C §403) ® Section 404 of the Clean Water Act (33 U S C §1344) ❑ Section 103 of the Marine Protection Research and Sanctuaries Act of 1972 (33 U S C 1413) 3 Scope of Analysis a NEPA (Write an explanation of rationale in each section as appropriate) (1) Factors (i) Whether or not the regulated activity comprises merely a link in a corridor type project The project is not merely a Imk in a corridor type project (u) Whether there are aspects of the upland facility in the immediate vicinity of the regulated activity which affect the location and configuration of the regulated activity A portion of the building expansion will impact an existing stream However a majority of the building expansion will occur in an upland area The budding expansion has been designed to impact the least amount of stream and wetland possible while taking into consideration the restrictions of the parcel size topography and access for the expansion that will include a new entrance that will allow tractor trailer trucks to safely navigate in and out of the facility (Appendix A) (iii) The extent to which the entire project will be within the Corps jurisdiction 614 feet of stream and 0 006 acres of wetland are the only aspects of the expansion project within the USACE jurisdiction (iv) The extent of cumulative Federal control and responsibility The extent of cumulative Federal control is limited to the stream and wetland impacts and associated regulatory requirements Other Federal control associated with the proposed expansion include compliance with the Americans with Disabilities Act (2) Determined scope ® Only within the footprint of the regulated activity within the delineated water ❑ Over entire property Explain Page 2 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application b NHPA Permit Area (1) Tests Activities outside the waters of the United States ® are/[] are not included because all of the following tests ❑ are /® are not satisfied Such activity ® would/0 would not occur but for the authorization of the work or structures within the waters of the United States Such activity is /❑ is not integrally related to the work or structures to be authorized within waters of the United States (or conversely the work or structures to be authorized must be essential to the completeness of the overall project or program) and Such activity ® is /❑ is not directly associated (first order impact) with the work or structures to be authorized Explain The building expansion encroaches on an adjacent stream and a wetland No impacts would occur if the building expansion was not constructed Therefore the Permit Area will include the Limits of Disturbance from the building expansion (2) Determined scope Describe The North Carolina State Historic Preservation Office (SHPO) Online GIS Web Mapping Service has been referenced to determine if an NHPA site could potentially be located within the subject property Nothing of historical significance was identified within the Permit Area in the SHPO database (Appendix B) Therefore an archeological study is not proposed for this project However if during construction an area or object that appears to be of historical significance is identified construction will stop immediately until the area or object has been properly classified c ESA Action Area (1) Action area means all areas to be affected directly or indirectly by the Federal action and not merely the immediate area involved in the action (2) Determined scope Describe The North Carolina Natural Heritage Program database was referenced and there does not appear to be threatened or endangered species within the Permit Area or immediately downstream Additionally no threatened or endangered species have been identified during site visits by Altamont Environmental Inc ( Altamont) However if a potential threatened or endangered species is identified during construction then work will stop immediately until the species has been properly classified Additionally the tributary flows through multiple culvert and manmade channels associated with the airport facility downstream of the site before emptying into the French Broad Rarer (3) Public notice comments ❑ NA Public notice has not been issued at this time (1) The public also provided comments at ❑ public hearing ❑ public meeting and /or ❑ Explain (2) Commenters and issues raised Name Issue Page 3 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application (3) Site ® was/F-1 was not visited by the Corps to obtain information in addition to delineating jurisdiction Include dates and synopsis of information gathered if site was visited The site was visited by Ms Tasha McCormick with the USACE and Mr Kevin Barnett with the DWQ on March 27 2012 The intent of the site visit was to verify stream and wetland site conditions characterized by Altamont (4) Issues identified by the Corps Describe One wetland area was identified that Altamont had not previously delineated Since that meeting the wetland has been delineated and was determined to be approximately 0 006 acres in size Based on correspondence with USACE mitigation will not be required for this area due to it being less that 010 of an acre in size (5) Issues /comments forwarded to the applicant ❑ NA/0 Yes (6) Applicant replied /provided views ❑ NA /® Yes (7) The following comments are not discussed further in this document as they are outside the Corps purview ® NA/ ❑ Yes Explain 4 Alternatives Analysis a Basic and Overall Project Purpose (as stated by applicant and independent definition by Corps) ® Same as Project Purpose in Paragraph 1 ❑ Revised Insert revised project purpose here and explain why it was revised b Water Dependency Determination ® Same as in Paragraph 1 ❑ Revised Insert revised water dependency determination here if it has changed due to changing project purpose or new information c Applicant preferred alternative site and site configuration ® Same as Project Description in Paragraph 1 ❑ Revised Explain any difference from Paragraph 1 Criteria Issue Measurement and /or constraint e g Wetlands Acres of direct impact Page 4 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application d Off site locations and configuration(s) for each (e g alternatives located on property not currently owned by the applicant are not practicable under the Section 404(b)(1) Guidelines as this project is the construction or expansion of a single family home and attendant features such as a driveway garage storage shed or septic field or the construction or expansion of a barn or other farm building or the expansion of a small business facility and involves discharges of dredged or fill material less than two acres into Jurisdictional wetlands ) Alternatives located on property not currently owned by the applicant are not practical under the Section 404(b)(1) Guidelines as this project is an expansion of an existing large distribution facility The property is owned by Minkles LLC and leased by Electrolux In order for the property manager to retain Electrolux as a tenant the facility must expand to accommodate their growing needs Off site locations and configurations Description Comparison to criteria Site A Purchase an additional parcel and build a new facility Site B Purchase an additional parcel with an existing facility of the needed size Site C Move Electrolux to a different site owned by a different property owner e (® NA) Site selected for further analysis and why f On site configurations Description Comparison to criteria Plan Al Budd a second story onto the budding instead of budding out Plan A2 Budd addition to the north and east instead of north and west Plan A3 Build addition to the north instead of north and west g Other alternatives not requiring a permit including No Action Page 5 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application Description Comparison to criteria No Action Do not build onto the existing facility and leave the site as is Plan Al Build a second story onto the building instead of budding out Plan A3 Build addition to the north instead of north and west h Alternatives not practicable or reasonable Describ %xpla►n © Site A is not reasonable because the cost of this option would greatly exceed the funds necessary to construct the proposed expansion Additionally the carbon footprint to budding a facility of the appropriate size would greatly exceed the carbon footprint of the preferred alternative Due to the topography and hydrology characteristic of this region it would be likely that streams and /or wetlands would be impacted by this alternative as well Therefore moving the Electrolux operations to a parcel and constructing a new building is not practicable or reasonable o Site B is not reasonable because finding a nearby parcel with an existing building that is large enough to serve the needs of the Electrolux operations may be difficult or impossible If a large enough budding were to be found the new facility would need to be prepared and /or modified to accommodate the specific needs of the Electrolux operations therefore the cost associated with the purchase of the of the new land and the building and the costs of necessary upgrades as opposed to the preferred alternative (constructing an addition to the existing facility) makes Site B not practicable or reasonable O Site C is not reasonable because the applicant would lose Electrolux as a client and tenant The applicant would need to find another industry that would be able to move into the building to replace the Electrolux operations or potentially sell the property if it were to go unoccupied for a long period of time This alternative has already been pursued and will likely result in Electrolux operations moving to South Carolina resulting in the loss of approximately 300 local Jobs ® Plan Al is not practicable for the expansion needed for Electrolux's operations as a distribution center because of the nature of shipping and receiving operations needing to occur on ground level Additionally the existing budding was not constructed to be able to bear the load of an additional level O Plan A2 is not practicable due to the layout of the parcel This option would potentially impact more linear feet of stream and acres of wetlands if expanded in this direction Additionally this alternative would require more grading work due to topography and provides less room for the expansion Page 6 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application c Plan A3 is not feasible although this alternative would impact the least amount of streams and wetlands Due to the layout of the parcel there is not enough space on the north side of the parcel for the budding to be expanded to a size to accommodate the need for Electrolux operations C The No Action plan is not feasible because the applicant and property owner would lose Electrolux as a client and tenant The applicant would need to find another industry that would be able to move into the building to replace Electrolux or sell the property if it were to go unoccupied with either outcome resulting in a loss to the local economy and potential impacts to streams and wetlands at another site Least environmentally damaging practicable alternative Describ %xplam The least environmentally damaging practicable alternative is the preferred alternative The preferred alternative described in this permit would add an expansion onto the existing building to the north and west This alternative impacts the least amount of stream and wetlands while still providing a large enough expansion to accommodate the needs of the Electrolux operations The proposed alternative will occur in an already developed watershed area on a parcel that is already zoned industrial rather than potentially developing less impacted property elsewhere Additionally the preferred alternative provides a safe and efficient entrance to the expansion for trucks It requires the least amount of grading work of all the alternative configurations and therefore has the smallest carbon footprint Lastly the preferred alternative is the most cost - efficient option for the budding expansion and provides the largest benefit to the local economy 5 Evaluation of the 404(b)(1) Guidelines Q NA) a Factual determinations Physical Substrate ❑ See Existing Conditions paragraph 1 ® The physical substrate will remain intact where the stream impacts will occur because filling rather than cutting is proposed in the area of stream impact Water circulation fluctuation and salinity ❑ Addressed in the Water Quality Certification ® A culvert will be installed where the stream impacts will occur This option allows surface water to flow into the existing stream downstream of the project area Suspended particulate /turbidity ❑ Turbidity controls in Water Quality Certification ® The installed culvert will reroute the existing stream and will prevent any discharged material from entering the stream once the culvert's installation is complete Sediment and erosion control techniques will be employed during all phases of construction of the expansion and will limit the turbidity in the tributary to below 50 Nephelometric Turbidity Units (NTU) A sediment and erosion Page 7 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application control plan for the development is currently being developed and will be provided to Mr Shane Briggs of Buncombe County Planning Department Contaminant availability ® General Condition requires clean fill Aquatic ecosystem and organism ❑ Wetland /wildlife evaluations paragraphs 5 6 7 & 8 ® According to the USACE Stream Quality Assessment Worksheet the existing conditions of the site are Poor —Fair This rating is a result of historic impacts from the construction of Interstate 26 adjacent to the Permit Area parcel development of the existing Electrolux facility in the 1980s and development upstream of the Electrolux facility in the 1990s All of this development resulted in deforestation creation of impervious surface and changes to more natural hydrology including increased stormwater runoff Additionally this development culverted multiple sections of the existing stream further impacting habitat and hydrology (Figure 2) Proposed disposal site ® Public interest paragraph 7 Cumulative effects on the aquatic ecosystem ® See Paragraph 7 e El Secondary effects on the aquatic ecosystem ® See Paragraph 7 e b Restrictions on discharges (230 10) (1) It ® has/F] has not been demonstrated in paragraph 5 that there are no practicable nor less damaging alternatives which could satisfy the projects basic purpose The activity l,71 is not located in a special aquatic site (wetlands sanctuaries and refuges mudflats vegetated shallows coral reefs riffle & pool complexes) The activity ❑ does/" does not need to be located in a special aquatic site to fulfill its basic purpose (2) The proposed activity ❑does /® does not violate applicable State water quality standards or Section 307 prohibitions or effluent standards (❑ based on information from the certifying agency Page 8 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application that the Corps could proceed with a provisional determination) The proposed activity ❑ does /® does not Jeopardize the continued existence of federally listed threatened or endangered species or affects their critical habitat The proposed activity ❑ does /® does not violate the requirements of a federally designate marine sanctuary (3) The activity0will/171 ® will not cause or contribute to significant degradation of waters of the United States including adverse effects on human health life stages of aquatic organisms ecosystem diversity productivity and stability and recreation esthetic and economic values (4) Appropriate and practicable steps ® have/F-1 have not been taken to minimize potential adverse impacts of the discharge on the aquatic ecosystem (see Paragraph 8 for description of mitigative actions) 6 Public Interest Review All public interest factors have been reviewed as summarized here Both cumulative and secondary impacts on the public interest were considered Public interest factors that have had additional information relevant to the decision are discussed in number 7 + Benificial effect 0 Negligible effect Adverse effect M Neutral as result of mitigative action + 0 M ® ❑ ❑ ❑ Conservation ® ❑ ❑ ❑ Economics ®❑ ❑ ❑ Aesthetics ❑ ❑ ❑ ® General environmental concerns ❑ ❑ ®❑ Wetlands ❑ ® ❑ ❑ Historic properties ❑ ❑ ❑ ® Fish and wildlife values ® ❑ ❑ ❑ Flood hazards 1:10 ❑ ❑ Floodplain values ® ❑ ❑ ❑ Land use ❑ ®❑ ❑ Navigation ❑ ®❑ ❑ Shore erosion and accretion ❑ ®❑ ❑ Recreation ❑ ® ❑ ❑ Water supply and conservation ❑ ❑ ❑ ® Water quality ❑ ®❑ ❑ Energy needs ❑ ® ❑ ❑ Safety Page 9 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application ❑ ® ❑ ❑ Food and fiber production ❑ ® ❑ ❑ Mineral needs ® ❑ ❑ ❑ Considerations of property ownership ® ❑ ❑ ❑ Needs and welfare of the people 7 Effects policies and other laws a ❑ NA Public Interest Factors (add factors that are relevant to specific project that you checked in number 6 above and add a discussion of that factor) Factor Discussion Wetlands There will be a negative impact on approximately 0 006 acres of wetlands that will not be offset by compensatory mitigation due to the small size of the wetland Wetlands smaller than 010 acres in size do not necessarily require compensatory mitigation b Endangered Species Act ® NA The proposed project (1) Will not affect these threatened or endangered species ❑ Any /❑ Explain (2) May affect but is not likely to adversely affect Species Explain (3) ❑ Will /❑ Will not adversely modify designated critical habitat for the Explain (4) ❑ Is /❑ is not likely to jeopardize the continued existence of the Explain (5) The Services ❑ concurred/[:] provided a Biological Opinion(s) Explain c Essential Fish Habitat Adverse impacts to Essential Fish Habitat ❑ will /® will not result from the proposed project Explain According to the USACE Stream Quality Assessment Worksheet the existing conditions of the site are Poor —Fair The site has historically been impacted from the construction of Interstate 26 adjacent to the Permit Area parcel development of the existing Electrolux facility in the 1980s and development upstream of the Electrolux facility in the 1990s All of this development Page 10 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application resulted in large amounts of deforestation impervious surfaces and the resulting stormwater runoff Additionally this development culverted large sections of the existing stream further impacting habitat condition (Figure 3) Therefore the streams proposed to be impacted are not considered Essential Fish Habitat d Historic Properties The proposed project ❑ will/1'71 will not have any effect on any sites listed or eligible for listing in the National Register of Historic Places or otherwise of national state or local significance based on ❑ letter from SHPO /® the North Carolina State Historic Preservation Office Database (Appendix B) Explain e Cumulative & Secondary Impacts The geographic area for this assessment is the Avery Creek — French Broad River watershed (HUC060101050704) (1) Baseline Approximately <1yo of the watershed area is wetland There are also approximately 225 stream miles contained within the watershed comprised of 60% perennial 30% intermittent and 101/0 ephemeral tributaries Corps permits for the period unknown has authorized the fill of unknown acres and linear feet of stream The projection is that authorizations will continue ❑ at the current rate/0 increase /® unknown because unknown Natural resource issues of particular concern [from Corps & non Corps activities] are unknown (2) Context The proposed project is ® typical of /❑ a precedent /❑ very large compared to /❑ _ other activities in the watershed Development similar to the proposal have occurred since the development of the Asheville Regional Airport Future conditions are expected to be the same Besides Corps authorized projects other activities include unknown Resulting natural resource changes and stresses include unknown These resources are also being affected by unknown A key issue(s) of concern in this watershed is /are the unknown resulting from wetland loss (3) Mitigation and Monitoring The project affects the following key issue(s) 416 linear feet of stream and 0 006 acres of wetland The magnitude of the proposed effect is neutral because of the proposed purchase of compensatory mitigation credits through NCEEP within the watershed Avoidance and minimization methods include siting of the development area which resulted in the avoidance of 1.400 linear feet of stream that exists on the site that will result in fewer impacts than if the expansion were sited elsewhere on the property Compensatory mitigation namely purchase of credits from NCEEP and monitoring described herein will result in a neutral overall impact to the watershed Expand this section commensurate with the level of impact and appropriate level of existing and reasonably foreseeable watershed stress to aquatic resources f Corps Wetland Policy Based on the public interest review herein the beneficial effects of the project outweigh the detrimental impacts of the project g (❑ NA) Water Quality Certification under Section 401 of the Clean Water Act ❑ has/[7' has not yet been issued by❑ _/® State /❑ Commonwealth Page 11 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application h (® NA) Coastal Zone Management (CZM) consistency /permit Issuance of a State permit certifies that the project is consistent with the CZM plan ❑ There is no evidence or indication from the that the project is inconsistent with their CZM plan i Other authorizations J (® NA) Significant Issues of Overriding National Importance Explain 8 Compensation and other mitigation actions a Compensatory Mitigation (1) Is compensatory mitigation required? ® yes ❑ no [If no do not complete the rest of this section] (2) Is the impact in the service area of an approved mitigation bank? ❑ yes ® no (i) Does the mitigation bank have appropriate number and resource type of credits available? ❑ yes ❑ no (3) Is the impact in the service area of an approved in lieu fee program? ® yes ❑ no (i) Does the in lieu fee program have appropriate number and resource type of credits available? ® yes ❑ no Please see attached letter from NCEEP (Appendix C) (4) Check the selected compensatory mitigation option(s) ❑ mitigation bank credits ® in lieu fee program credits ❑ permittee responsible mitigation under a watershed approach ❑ permittee responsible mitigation on site and in kind ❑ permittee responsible mitigation off site and out of kind (5) If a selected compensatory mitigation option deviates from the order of the options presented in §332 3(b)(2) (6) explain why the selected compensatory mitigation option is environmentally preferable Address the criteria provided in §332 3(a)(1) (i a the likelihood for ecological success and sustainability the location of the compensation site relative to the impact site and their significance within the watershed and the costs of the compensatory mitigation project) Based on a review of the USACE database for available mitigation banks in the watershed no compensatory mitigation credits were available through prorate mitigation banks for this watershed at this time (6) Other Mitigative Actions 9 General evaluation criteria under the public interest review We considered the following within this document Page 12 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application a The relative extent of the public and private need for the proposed structure or work (e g Public benefits include employment opportunities and a potential increase in the local tax base Private benefits include land use and economic return on the property for transportation projects benefits include safety capacity and congestion issues ) Explain The extent of public need for the Electrolux expansion includes assurance that approximately 300 Jobs will remain in Western North Carolina and not be relocated to another region or state The Electrolux expansion will provide new employment opportunities Additionally the Electrolux expansion will occur in an already developed watershed drainage area rather than developing a less impacted property elsewhere Private benefits include land use and economic return on the property and assurance that Electrolux will remain a tenant of the existing building b ® There are no unresolved conflicts as to resource use Check the appropriate box delete the statements that do not apply and explain c The extent and permanence of the beneficial and /or detrimental effects which the proposed work is likely to have on the public and private uses to which the area is suited ® Detrimental impacts are expected to be minimal although they would be permanent in the construction area The beneficial effects associated with utilization of the property would be permanent Explain Due to the existing condition of the on site stream proposed to be impacted being ranked as Fair Poor' the detrimental impacts of rerouting the existing stream into a culvert are minimal in comparison to a site with Good" or Excellent' existing conditions The beneficial effects associated with utilization of this site are in the public s best interest from an economic standpoint 10 Determinations a Public Hearing Request ❑ NA ❑ I have reviewed and evaluated the requests for a public hearing There is sufficient information available to evaluate the proposed project therefore the requests for a public hearing are denied b Section 176(c) of the Clean Air Act General Conformity Rule Review The proposed permit action has been analyzed for conformity applicability pursuant to regulations implementing Section 176(c) of the Clean Air Act It has been determined that the activities proposed under this permit will not exceed de minimis levels of direct or indirect emissions of a criteria pollutant or its precursors and are exempted by 40 CFR Part 93 153 Any later indirect emissions are generally not within the Corps continuing program responsibility and generally cannot be practicably controlled by the Corps For these reasons a conformity determination is not required for this permit action c Relevant Presidential Executive Orders (1) EO 13175 Consultation with Indian Tribes Alaska Natives and Native Hawaiians ® This action has no substantial direct effect on one or more Indian tribes Explain if appropriate (2) EO 11988 Floodplain Management ® Not in a floodplain (❑ Alternatives to location within the floodplain minimization and compensation of the effects were considered above ) Page 13 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application (3) EO 12898 Environmental Justice In accordance with Title III of the Civil Right Act of 1964 and Executive Order 12898 it has been determined that the project would not directly or through contractual or other arrangements use criteria methods or practices that discriminate on the basis of race color or national origin nor would it have a disproportionate effect on minority or low income communities (4) EO13112 Invasive Species ® There were no invasive species issues involved ❑ The evaluation above included invasive species concerns in the analysis of impacts at the project site and associated compensatory mitigation projects ❑ Through special conditions the permittee will be required to control the introduction and spread of exotic species (5) EO13212 and 13302 Energy Supply and Availability ® The project was not one that will increase the production transmission or conservation of energy or strengthen pipeline safety (❑ The review was expedited and /or other actions were taken to the extent permitted by law and regulation to accelerate completion of this energy related (including pipeline safety) project while maintaining safety public health and environmental protections ) d Finding of No Significant Impact (FONSI) Having reviewed the information provided by the applicant and all interested parties and an assessment of the environmental impacts I find that this permit action will not have a significant impact on the quality of the human environment Therefore an Environmental Impact Statement will not be required e Compliance with 404(b)(1) guidelines ❑ NA Having completed the evaluation in paragraph 5 1 have determined that the proposed discharge complies /❑ does not comply with the 404(b)(1) guidelines f Public Interest Determination I find that issuance of a Department of the Army permit ® is not/0 is contrary to the public interest Page 14 CEXXX XX (District abbreviation) Application XXX XXXX XXXXX (ORM number) SUBJECT Department of the Army Environmental Assessment and Statement of Findings for the Above Numbered Permit Application PREPARED BY Project Manager REVIEWED BY Date Date Chief Regulatory XX District (insert appropriate level reviewer) APPROVED BY Date Colonel Corps of Engineers Commanding (insert appropriate level approver) Page 15 FIGURES 7- 1 ^ 5 7777 •1�� 5 t T IN 'L r^F xM ! � j 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NC 28801 TEL.828.291.3350 FAC -929- 291.3351 ELECTROLUX 1R—ALTANCRTER•,.ONRSRTAI.CYR 1310 FANNING BRIDGE ROAD I DRAWN Br: ANNA SAYLOR FLETCHER, NORTH CAROLINA PROJECT MANAGER: JOEL LENK SCALE CLIENT: ACADIA CAPITAL GROUP FEET 0 500 1,000 2,000 DATE: 4/9/2012 PAACADIA CAPITAL GROUP \ELECTROLUX SITE \FIGURES \GIS \FIGURE 2 - SITE LOCATION MAP.MXD ea proP�s I I I I I I I I I I I I I I Delineatled Wetland (WA 1) Approxitnately 0.006 Acres PROPOSED IMPACTS STREAM /WETLAND ID LIMITS OF IMPACT UT I NONE UT 2 NONE UT 3 -1 284 LINEAR FEET UT 3 -2 330 LINEAR FEET WA 1 0.006 ACRES LEGEND — CULVERTED STREAM -- STREAM ll� APPROXIMATE WETLAND AREA STREAMS AND WETLANDS PRPOSED FOR IMPACT Modified Stormwater Detention Basin EXISTING STORMWATER RETENTION BASIN I _ gPROPOSED BUILDING EXPANSION ® PROPOSED DEVELOPMENT LIMIT OF DISTURBANCE O EXISTING BUILDING PARCEL BOUNDARY I I I I �lq � I 1 I 231 HATW000 STREET. AEHETILLE. HC 28801 TEL.826.281.3350 FAC.828.281.3351 A .ALTA110RTRNV18*ftNK TAL.eeR1 DRAWN BY: ANNA SAYLOR SCALE PROJECT MANAGER: JOEL LENK FEET CLIENT: ACADIA CAPITAL GROUP 0 50 100 200 DATE: 5/3/2012 Existing Building Proposed Mod' i orrnWa etention Basin i i STREAM AND WETLAND IMPACT MAP ELECTROLUX 1310 FANNING BRIDGE ROAD FLETCHER, NORTH CAROLINA TAL GROUP \ELECTROLUX SITE \FIGURES \GIS \FIGURE 3 - STREAM FIGURE 3 IMPACTS SMALL.MXD 1 ( R �E I I I I I I k �s I I I I I �lq � I 1 I 231 HATW000 STREET. AEHETILLE. HC 28801 TEL.826.281.3350 FAC.828.281.3351 A .ALTA110RTRNV18*ftNK TAL.eeR1 DRAWN BY: ANNA SAYLOR SCALE PROJECT MANAGER: JOEL LENK FEET CLIENT: ACADIA CAPITAL GROUP 0 50 100 200 DATE: 5/3/2012 Existing Building Proposed Mod' i orrnWa etention Basin i i STREAM AND WETLAND IMPACT MAP ELECTROLUX 1310 FANNING BRIDGE ROAD FLETCHER, NORTH CAROLINA TAL GROUP \ELECTROLUX SITE \FIGURES \GIS \FIGURE 3 - STREAM FIGURE 3 IMPACTS SMALL.MXD 1 APPENDICES APPENDIX A Site Plan Prepared by David Aiton Of Aiton Anderson Architecture N N N `TU bZ Q E'er IL } VNI-IObVO HIHOIN b2H013'ld O V O X n O 1NJV7 1 , \,N 1 U -o its '`' N � W 2 co CD Z• J I s i Q E'er IL } VNI-IObVO HIHOIN b2H013'ld O V O X n O 1NJV7 1 , \,N 1 U -o its '`' N � W 2 co CD 1 a I CD Ol NOIlI00V NV p o3�"" a CN co a N Q ~ y rM s � 7 Z IL rn U f 0 I w w LL LL (� (n tll f0 N N m Ul zz ---- - --'''' / I �/ -- o _ - --- - -- / yLU _ ..�i �i i j tllltr�_ �'.aa � `� r� < °' I I�j' /^ � '^� � wwz 0 --- -- //�,�� %I -___ - - - - - - - - — _- -- -A-- - �\*_-- / /III 1 1 , w '' ,� 1 =rr♦., _ `--'^- ,'—.�" -- Jam°` d 1 Of r r r y 1 \ I�'I' 1 \ /'/ \`. `_:= __= - :� ` ♦\ III'' II 1 ' III" I , I Ij If rll l i -I I/ I I I it'll) I -I ITI -I II I IT ` I \\ II I I I I I \ ♦11 8 Q i I I /1111 L C- 111111 - -- % I 1 I / //' \ ( :4 a rw I \ l- ✓ {� a. % 1 X 11111 / \ l "° � i y� -'�"\\ \\ \ 1 I I i I 111 I \i�l / ♦ \, I III J •3 \ \ W 1 "A- / / rill III! I \l A.,♦ � \ t J i l l It �, qF 1 1.01 _ ' I I '� ' 1 I'' �I ✓� / - '' N 1 , / / / 11y 1\ \ \I I t 1 I II /d ✓ 1 p IIII it ��/ / I - - - -'' / / N / II lN� I % fill 1 ' 111 /i/1 III - \ \ \I IJit 1 °�,§ I ISM /11111 '/ , ' '' I �rR u / Il 11 ♦1 �� /, i II 11 I i 9 � � /'I�/ {�i� Ifr /al I I / ' r� I I 1 I I III I III it I 1 \\ 1 1 ! IIII 4 it tol ♦ \I "" � \ D I �(1 // 1 \ I !' / / ' � / III � I F 6wN t _ten Ilr�' III! /, I 1 I yy a \ / r 1 U1, 1f °r o�vcz o pz 1V 1 111 ' i 1 - -i l 1 II 141 cJ r rn <5 c�ia rw a III I I♦ T °T Wv w n r -P,. 1 Jill I fl >II I I m= N �/ / J � I I j °o..r ° o.a0,+ \ ill(j J ' 1 I 4- 0 a i 1% r 1 W3 / /111111j111.1 \I f ✓ �I /IIj111/ I , / r , ,� 11 j ^a N Zx I / ll 111 ails I III i I ' �' 6 m oZ iN °° - c�ir / ly 111 II / I 4 t — Oln rSr N� A,,II 1 � - ' I flllll111111111 /III / I I l 1(111111 °+ /1 / \ \l I l l I I � � � c _,�, -I I /g� I 1'illl�/ '� 1♦ ♦ ` , .\ / 1 11111111111 I ♦II ) Illy1 \ \ /\` \ ��� 1 j I111j111111111 / 1 / �i 11 I yCr'� \ \tiJ�� \\ �It11111- - / i [IMIllillllI 9 m r Pfl II _% - �` ♦\ llI i i' illiill1till l luli ♦ ib iJliiilily'( /,T- 11Il Y j� ",SIT N / 11 \I\ 1 ♦� — — _ — — _ - -_ //_ — / — /-/ _/ — —=v ''� /i��'(r�l', — . — \ ♦ \ \ \y \III }� ,cam^ � r. — .yam✓ �./ �mwe _ — '/ // / / \ / 1 $4 1 1, it //' _ ! y _ 1 \' APPENDIX B NC SHPO Map j - ' y i l � Zn 7 V - 0 E. ■ APPENDIX C NC EEP Letter r-;j g ��etm PROGRAM April 17, 2012 David Gibbons Acadia Capital Group LLC 400 S Record St Suite 1250 Dallas TX 75202 Expiration of Acceptance October 17 2012 Protect Electrolux Expansion County Buncombe The purpose of this letter is to notify you that the North Carolina Ecosystem Enhancement Program (NCEEP) is willing to accept payment for compensatory mitigation for impacts associated with the above referenced protect as indicated in the table below Please note that this decision does not assure that participation in the NCEEP will be approved by the permit issuing agencies as mitigation for protect impacts It is the responsibility of the applicant to contact these agencies to determine if payment to the NCEEP will be approved You must also comply with all other state federal or local government permits regulations or authorizations associated with the proposed activity including SL 2009 337 An Act to Promote the Use of Compensatory Mitigation Banks as amended by S L 2011 343 This acceptance is valid for six months from the date of this letter and is not transferable If we have not received a copy of the issued 404 Permit/401 Ccrtification/CAMA permit within this time frame, this acceptance will expire It is the applicant s responsibility to send copies of the permits to NCEEP Once NCEEP receives a copy of the permit(s) an invoice will be issued based on the required mitigation in that permit and payment must be made prior to conducting the authorized work The amount of the In Lieu Fee to be paid to NCEEP by an applicant is calculated based upon the Fee Schedule and policies listed at www nceep net Based on the information supplied by you in your request to use the NCEEP the impacts that may require compensatory mitigation are summarized in the following table The amount of mitigation required for this impact is determined by permitting agencies Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecdsystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your intere t in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Sincerely eeHEllison Deputy Director cc Karen Higgins NCDWQ Wetlands /401 Unit Tasha McCormick USACE Asheville Kevin Barnett NCDWQ Asheville Anna Saylor /Joel Lenk agent File RUM North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net River Basin CU Location Stream (feet) Wetlands (acres) Buffer I (Sq Ft) Buffer II (Sq Ft) Cold F Cool Warm Riparian Non Riparian Coastal Marsh Impact French 06010105 0 833 0 0 0 0 0 0 Broad Upon receipt of payment EEP will take responsibility for providing the compensatory mitigation The mitigation will be performed in accordance with the N C Department of Environment and Natural Resources Ecdsystem Enhancement Program In Lieu Fee Instrument dated July 28 2010 Thank you for your intere t in the NCEEP If you have any questions or need additional information please contact Kelly Williams at (919) 716 1921 Sincerely eeHEllison Deputy Director cc Karen Higgins NCDWQ Wetlands /401 Unit Tasha McCormick USACE Asheville Kevin Barnett NCDWQ Asheville Anna Saylor /Joel Lenk agent File RUM North Carolina Ecosystem Enhancement Program 1652 Mad Service Center Raleigh NC 27699 1652 / 919 715 0476 / www nceep net aE IN�G 1 WE E R I NAG & H Y'D R O,G E�gIL�O G Y 20 1 20 5 f i 231 HAYWOOD STREET ASHEVILLE NC 28801 TEL 828 281 3350 FAC 828 281 3351 WWW ALTAMONTENVIRONMENTAL COM Transmitted by email Tasha L McCormick @usace army mil April 2012 Ms Tasha McCormick United States Army Corps of Engineers 151 Patton Avenue Asheville North Carolina 28801 Subject Request for Jurisdictional Determination Electrolux Site 1310 Fanning Bridge Road Fletcher North Carolina Dear Ms McCormick This letter provides the request for a Jurisdictional Determination at the Electrolux site located in Fletcher North Carolina The requested determination is for streams and a small wetland that were viewed during a preliminary site visit on Tuesday March 27 2012 that will be impacted by a proposed expansion of the building on the site The proposed development plans to impact 832 6 linear feet of perennial and intermittent stream and 0 006 acres of wetland at the Electrolux site A list of supporting documents for this determination is below Altamont appreciates the opportunity to provide this information to you Please feel free to call or respond with any questions or comments you have related to this project Sincerely -X TL AMONT ENVIRONME NC Joel enk P G Enclosures Approved Jurisdictional Determination Form Figure 1 USGS HUC Map Figure 2 Site Location Map Figure 3 Soil Map Figure 4 Stream and Wetland Map Appendix A Stream Determination Forms and Wetland Delineation Forms Appendix B Site Plan Prepared by David Alton of Alton Anderson Architecture Appendix C National Wetland Inventory Map Appendix D FEMA /FIRM Map Appendix F Soil Map Unit Descriptions Cc Mr David Gibbons Acadia Capital Group Mr David Aiton Alton Anderson Architecture P \Acadia Capital Group \Electrolux Slte\JD \20120409 JD Cover Letter Docx APPROVED JURISDICTIONAL DETERMINATION FORM APPROVED JURISDICTIONAL DETERMINATION FORM U S Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook SECTION I BACKGROUND INFORMATION A REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD) B DISTRICT OFFICE FILE NAME AND NUMBER C PROJECT LOCATION AND BACKGROUND INFORMATION State NC County/parish/borough Buncombe City Fletcher Center coordinates of site (lat/long in degree decimal format) Lat 35 433665 N Long 82 533181 (E Universal Transverse Mercator 17N Name of nearest waterbody Higgins Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows French Broad River Name of watershed or Hydrologic Unit Code (HUC) 601010 ® Check if map /diagram of review area and /or potential Jurisdictional areas is /are available upon request ❑ Check if other sites (e g offsite mitigation sites disposal sites etc ) are associated with this action and are recorded on a different JD form D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY) �] Office (Desk) Determination Date ❑ Field Determination Date(s) SECTION II SUMMARY OF FINDINGS A RHA SECTION 10 DETERMINATION OF JURISDICTION There ire no navigable waters of the US within Rivers and Harbors Act (RHA) Jurisdiction (as defined by 33 CFR part 329) in the review area [Required] ❑ Waters subject to the ebb and flow of the tide ❑ Waters are presently used or have been used in the past or may be susceptible for use to transport interstate or foreign commerce Explain B CWA SECTION 404 DETERMINATION OF JURISDICTION There Are waters of the US within Clean Water Act (CWA) Jurisdiction (as defined by 33 CFR part 328) in the review area [Required] Waters of the U S i a Indicate presence of waters of U S in i eview area (check all that apply) TNWs including territorial seas Wetlands adjacent to TN W s Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non RPWs that flow directly or indirectly into TNWs �Cf Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non RPWs that flow directly or indirectly into TNWs ❑ Impoundments of Jurisdictional waters ❑ Isolated (interstate or intrastate) waters including isolated wetlands b Identify (estimate) size of waters of the U S in the review area Non wetland waters 832 6 linear feet 3 width (ft) and /or acres Wetlands 0 006 acres c Limits (boundaries) of Jurisdiction based on ''1987 Delineation Manual Elevation of established OHWM (if known) 2 Non regulated waters /wetlands (check if applicable) 3 10 Potentially Jurisdictional waters and /or wetlands were assessed within the review area and determined to be not Jurisdictional Explain An ephemeral stream is located within the review area but was determined not to be a relatively permanent water and therefore not Jurisdictional See Appendix A Stream Determination Forms ' Boxes checked below shall be supported by completing the appropriate sections in Section III below 2 For purposes of this form an RPW is defined as a tributary that is not a TNW and that typically flows year round or has continuous flow at least seasonally (e g typically 3 months) 3 Supporting documentation is presented in Section III F SECTION III CWA ANALYSIS A TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert Jurisdiction over TNWs and wetlands adjacent to TNWs If the aquatic resource is a TNW complete Section III A 1 and Section III D 1 only if the aquatic resource is a wetland adjacent to a TNW complete Sections III A 1 and 2 and Section III D 1 otherwise see Section HI B below 1 TNW Identify TNW Summarize rationale supporting determination 2 Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is adjacent B CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY) This section summarizes information regarding characteristics of the tributary and its adjacent wetlands if any and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met The agencies will assert jurisdiction over non navigable tributaries of TNWs where the tributaries are relatively permanent a waters (RPWs) i e tributaries that typically flow year round or have continuous flow at least seasonally (e g typ y months) A wetland that directly abuts an RPW is also jurisdictional If the aquatic resource is not a TNW but has year round (perennial) flow skip to Section IH D 2 If the aquatic resource is a wetland directly abutting a tributary with perennial flow skip to Section III D 4 A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water even though a significant nexus finding is not required as a matter of law If the waterbody4 is not an RPW or a wetland directly abutting an RPW a JD will require additional data to determine if the waterbody has a significant nexus with a TNW If the tributary has adjacent wetlands the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands This significant nexus evaluation that combines for analytical purposes the tribut -iry and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary or its adjacent wetlands or both If the JD covers a tributary with adjacent wetlands complete Section III B 1 for the tributary Section III B 2 for any ons►te wetlands and Section III B 3 for all wetlands adjacent to that tributary both ons►te and offsite The determination whether a significant nexus exists is determined in Section III C below 1 Characteristics of non TNWs that flow directly or indirectly into TNW (►) General Area Conditions Watershed size 28 4square miles Drainage area 5 8 j aci es Average annual rainfall 47 07 inches Average annual snowfall 14 9 inches (n) Physical Characteristics (a) Relationship with TNW ❑ Tributary flows directly into TNW ® Tributary flows through � tributaries before entering TNW Project waters are 1 2 river miles from TNW Project waters are (or less) river miles from RPW Project waters are 2 aerial (straight) miles from TNW Project waters are (or less) aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW' Unnamed Tributary (UT) 3 4 flows into UT 3 2 which then flows into UT 3 1 which then flows into UT I which then flows into an off site unnamed tributary which then flows into TNW (French Broad River) 4 Note that the Instructional Guidebook contains additional information regarding swales ditches washes and erosional features generally and in the and West s Flow route can be described by identifymb e g tributary a wluch flows through the review area to flow into tributary b which then flows into TNW Tributary stream order if known First (b) General Tributga Characteristics check all that —apply)- Tributary is ❑ Natural ❑ Artificial (man made) Explain ® Manipulated (man altered) Explain Grading work from the devlopment of the Electrolux Facility in the 1980s altered the existing stream channel Additionally the drainage area for this UT has been altered by development of 126 7 &S Cafetria, Hotel and other commercial buildings Tributary properties with respect to top of bank (estimate) Average width 5 feet Average depth 2 feet Average side slopes 2 1 Primary tributary substrate composition (check all that apply) ® Silts ® Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation Type /% cover ❑ Other Explain Tributary condition /stability [e g highly eroding sloughing banks] Explain Tributary appears predominantly dry stable and to convey stormwater from upstream development in response to storm events Presence of run/riffle /pool complexes Explain There does not appear to be any run/riffle /pool complexes Stream bed was not observed to convey intermittant or continuous flowing water Tributary geometry Meandering Tributary gradient (approximate average slope) 0 07 % (c) Flow Tributary provides for �phemeral flow Estimate average number of flow events in review area/year 20 (or greater) Describe flow regime The stormwater that is discharges from the commercial development up slope of the tributary flows directly into the tributary and appears to be the only source of water to the channel Other information on duration and volume Surface flow is Discrete and confined Characteristics Water that enters Tributary UT 3 4 appears to be the direct result of precipitation on predominantly impervious serfaces associated with the development upslope an d is conveyed to the channel through stormwater infrastructure Subsurface flow Iio Explain findings There was no evidence of a high water table in Tributary UT 3 4 ❑ Dye (or other) test performed Hand augei was used to inspect channel to a depth of approximately one foot below groud surface Tributary has (check all that apply) ® Bed and banks ❑ OHWM6 (check all indicators that apply) ❑ cleai natuial line impressed on the bank ® the presence of litter and debris ❑ changes in the character of soil ❑ desti uction of terrestrial vegetation ❑ shelving ® the presence of wi ack line ® vegetation matted down bent of absent ❑ sediment sorting ® leaf litter disturbed or washed away ® scour ® sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list) ❑ Discontinuous OHWM 7 Explain If factors other than the OHWM were used to determ ❑ High Tide Line indicated by 0 ❑ oil or scum line along shore objects ❑ fine shell or debris deposits (foreshore) ❑ physical markings/characteristics ❑ tidal gauges me lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum ® physical markings ❑ vegetation lines /changes in vegetation types 'A natural or man made discontinuity in the OHWM does not necessarily sever j urisdi ction (e g where the stream temporarily flows underground or where the OHWM has been removed by development or agricultural practices) Where there is a break in the OHWM that is unrelated to the waterbody s flow regime (e g flow over a rock outcrop or through a culvert) the agencies will look for indicators of flow above and below the break 'Ibid ❑ other (list) (►u) Chemical Characteristics Characterize tributary (e g water color is clear discolored oily film water quality general watershed characteristics etc ) Explain Tributary had no flowing water 48 hours after a rain event Water source is a result of precipitation on impervious commercial development uphill of tributary and possibly from the adjacent Interstate 26 Identify specific pollutants if known (►v) Biological Characteristics Channel supports (check all that apply) ❑ Riparian corridor Characteristics (type average width) ❑ Wetland fringe Characteristics ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 2 Characteristics of wetlands adjacent to non TNW that flow directly or indirectly into TNW (i) Physical Characteristics (a) General Wetland Characteristics Properties Wetland size acres Wetland type Explain Wetland quality Explain Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non TNW Flow is [Pick List Explain Surface flow is Fick List Characteristics Subsurface flow t jck List Explain findings ❑ Dye (or other) test performed (c) Wetland Adjacency Determination with Non TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain • Ecological connection Explain • Separated by berm/barrier Explain (d) Proximity (Relationship) to TNW Project wetlands are �ick List river miles from TNW Project waters are Pick List aerial (straight) miles from TNW Flow is from Pick List Estimate approximate location of wetland as within the Pick List floodplam (n) Chemical Characteristics Characterize wetland system (e g water color is clear brown oil film on surface water quality general watershed characteristics etc ) Explain Identify specific pollutants if known (iii) Biological Characteristics Wetland supports (check all that apply) ❑ Riparian buffer Characteristics (type average width) ❑ Vegetation type /percent cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish /spawn areas Explain findings ❑ Other environmentally sensitive species Explain findings ❑ Aquatic /wildlife diversity Explain findings 3 Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis O'►ck List Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland specify the following Directly abuts9 (Y/N) Size in acres Directly abuts9 (Y/N) Size (in acres) Summarize overall biological chemical and physical functions being performed C SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical physical and biological integrity of a TNW For each of the following situations a significant nexus exists if the tributary in combination with all of its adjacent wetlands has more than a speculative or insubstantial effect on the chemical physical and /or biological integrity of a TNW Considerations when evaluating significant nexus include but are not limited to the volume duration and frequency of the flow of water in the tributary and its proximity to a TNW and the functions performed by the tributary and all its adjacent wetlands It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e g between a tributary and its adjacent wetland or between a tributary and the TNW) Similarly the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus Draw connections between the features documented and the effects on the TNW as identified in the Rapanos Guidance and discussed in the Instructional Guidebook Factors to consider include for example • Does the tributary in combination with its adjacent wetlands (if any) have the capacity to carry pollutants or flood waters to TNWs or to reduce the amount of pollutants or flood waters reaching a TNW? Does the tributary in combination with its adjacent wetlands (if any) provide habitat and lifecycle support functions for fish and other species such as feeding nesting spawning or rearing young for species that are present in the TNW? • Does the tributary in combination with its adjacent wetlands (if any) have the capacity to transfer nutrients and organic carbon that support downstream foodwebs9 • Does the tributary in combination with its adjacent wetlands (if any) have other relationships to the physical chemical or biological integrity of the TNW9 Note the above list of considerations is not inclusive and other functions observed or known to occur should be documented below 1 Significant nexus findings for non RPW that has no adjacent wetlands and flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below based on the tributary itself then go to Section III D The tributary has the capacity to carry pollutants or flood waters to TNWs fi om the receiving stormwater but does not appear to be able to reduce the amount of pollutants or flood waters The tributary does not appear to provide habitat of lifecycle support functions for fish or other species The tributary flows directly into an approximately 300 foot long culvert Additionally the tributary only has water flow during and soon after a rain events The tributary does appeal to have the capacity to transfer nutrients and organic carbon during or soon after a rain event but is not a constant source for these nutrients The tributary does not appear to have any other relationship to the physical chemical or bilogical integrity of the TNW 2 Significant nexus findings for non RPW and its adjacent wetlands where the non RPW flows directly or indirectly into TNWs Explain findings of presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section III D There are no wetlands adjacten to the non RPW 3 Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW Explain findings of presence or absence of significant nexus below based on the tributary in combination with all of its adjacent wetlands then go to Section III D D DETERMINATIONS OF JURISDICTIONAL FINDINGS THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY) 1 TNWs and Adjacent Wetlands Check all that apply and provide size estimates in review area i] TNWs linear feet width (ft) Or acres [] Wetlands adjacent to TNWs acres 2 RPWs that flow directly or indirectly into TNWs Tributaries of TNWs where tributaries typically flow year sound are jurisdictional Provide data and rationale indicating that tributary is perennial See Appendix A for Stream Determination Forms Tributaries of TNW where tributaries have continuous flow seasonally (e g typically three months each year) are jurisdictional Data supporting this conclusion is provided at Section III B Provide rationale indicating that tributary flows seasonally See Appendix A for Stream Determination Forms Provide estimates for jurisdictional waters in the review area (check all that apply) Tributary waters 832 6 linear feet 3 width (ft) Other non wetland waters acres Identify type(s) of waters 3 Non RPWss that flow directly or indirectly into TNWs ❑ Waterbody that is not a TNW or an RPW but flows directly or indirectly into a TNW and it has a significant nexus with a TNW is jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional waters within the review area (check all that apply) Tributary waters linear feet width (ft) Other non wetland waters acres Identify type(s) of waters 4 Wetlands directly abutting an RPW that flow directly or indirectly into TNWs J� Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands ❑ Wetlands directly abutting an RPW where tributaries typically flow year round Provide data and rationale indicating that tributary is perennial in Section III D 2 above Provide rationale indicating that wetland is directly abutting an RPW Wetlands directly abutting an RPW where tributaries typically flow seasonally Provide data indicating that tributary is seasonal in Section III B and rationale in Section III D 2 above Provide rationale indicating that wetland is directly abutting an RPW The wetland is directly abutting the seasonal RPW because of its connectedness and close proximity (within 5 feet) to the seasonal RPW which indicates the two water bodies are sharing the same immediate water table Provide acreage estimates for jurisdictional wetlands in the review area 0 006 acres 5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs ❑ Wetlands that do not directly abut an RPW but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisidictional Data supporting this conclusion is provided at Section III C Provide acreage estimates foi jurisdictional wetlands in the review area acres 6 Wed-inds adjacent to non RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to such waters and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands have a significant nexus with a TNW are jurisdictional Data supporting this conclusion is provided at Section III C Provide estimates for jurisdictional wetlands in the review aiea acres 7 Impoundments of jurisdictional waters 9 As a general rule the impoundment of a jurisdictional tributary remains jurisdictional ❑❑Demonstrate that impoundment was created from waters of the U S or Demonstrate that water meets the criteria for one of the categories presented above (1 6) or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below) E ISOLATED [INTERSTATE OR INTRA STATE] WATERS INCLUDING ISOLATED WETLANDS THE USE DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY) " 'See Footnote # 3 9 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regaldalg CYVA Act Jurisdiction FolloivingRapanos which are or could be used by interstate or foreign travelers for recreational or other purposes from which fish or shellfish are or could be taken and sold in interstate or foreign commerce which are or could be used for industrial purposes by industries in interstate commerce Interstate isolated waters Explain Other factors Explain Identify water body and summarize rationale supporting determination Provide estimates for jurisdictional waters in the review area (check all that apply) ❑ Tributary waters linear feet width (ft) b Other non wetland waters acres Identify type(s) of waters ❑ Wetlands acres NON JURISDICTIONAL WATERS INCLUDING WETLANDS (CHECK ALL THAT APPLY) �] If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and /or appropriate Regional Supplements ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce ❑ Prior to the Jan 2001 Supreme Court decision in SWANCC the review area would have been regulated based 521ely on the Migratory Bird Rule (MBR) Waters do not meet the Significant Nexus standard where such a finding is required for jurisdiction Explain An ephemeral stream was identified in the review area that did not meet the significant nexus standard ❑ Other (explain if not covered above) Provide acreage estimates for non Jurisdictional waters in the review area where the sole potential basis of Jurisdiction is the MBR factors (1 a presence of migratory birds presence of endangered species use of water for irrigated agriculture) using best professional �udgment (check all that apply) ❑ Non wetland waters (i a rivers streams) linear feet width (ft) ❑ Lakes /ponds acres ❑ Other non wetland waters acres List type of aquatic resource ❑ Wetlands acres Provide acreage estimates for non Jurisdictional waters in the review area that do not meet the Significant Nexus standard where such a finding is required for Jurisdiction (check all that apply) Non wetland waters (i a rivers streams) 206 linear feet 5 width (ft) ❑ Lakes /ponds acres ❑ Other non wetland waters acres List type of aquatic resource ❑ 'Wetlands acres SECTION IV DATA SOURCES SUPPORTING DATA Data reviewed for JD (check all that apply checked items shall be included in case file and where checked and requested appropriately reference sources below) ® Maps plans plots or plat submitted by or on behalf of the applicant/consultant Appendix B Site Plan prepared by David Alton ® 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 Figure 1 USGS HUC Map ❑ USGS NHD data ❑ USGS 8 and 12 digit HUC maps U S Geological Survey map(s) Cite scale & quad name Figure 2 Site Location Map (1 24 000 Henderson Quadrangle) USDA Natural Resources Conservation Service Soil Survey Citation Figure 3 Soil Map ® National wetlands inventory map(s) Cite name Appendix C NWI Map ❑ State/Local wetland inventory map(s) Not Available ® FEMA/FIRM maps Appendix D FEMA/FIRM Map ❑ 100 year Floodplain Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) Figures 3 and 4 or ❑ Other (Name & Date) ❑ Previous determination(s) File no and date of response letter ❑ Applicable /supporting case law Applicable /supporting scientific literature ❑ Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD FIGURES APPENDICES APPENDIX A Stream Determination Forms and Wetland Delineation Forms NC Division of Water Quality — Methodology for Identification of Intermittent and Perennial Streams and Their Origins v 411 NC DWQ Stream Identification Form Version 411 L ProjectlSite14 -,,v� atitude Date -2 `! L Evaluator A� 8 County 9juv- cov, Longitude Total Points S am ermmation (circle one) Other Stream is at least intermittent hemeral Intermittent Perennial e g Quad Name if-- 19 or perennial if 2:30 A Geomor holo (Subtotal = Absent Weak Moderate 1a Continuity of channel bed and bank 0 1 2 2 2 Sinuosity of channel along thalweg 0 3 In channel structure ex nfFle pool step pool (5 1 2 ripple pool sequence 0 0 1 2 4 Particle size of stream substrate 1 2 5 Active /relict floodplain 1 2 6 Depositional bars or benches 0 1 2 7 Recept alluvial deposits 0 1 2 eadcuts 0 0 05 1 rade control 1 Natural valley g No = 0 a Second or greater order channel a artificial ditches are not rated see discussions in manual B Hydrology Subtotal = 6 1 2 12 Presence of Baseflow Op 2 13 Iron oxidizing bacteria 0 1 1 0 14 Leaf litter 15 5 15 Sediment on plants or debris 0 1 16 Organic debris lines or piles 0 05 17 Soil based evidence of high water table? No = 0 Yes =3 UT( Strong 3 3 3 3 3 3 3 3 15 15 3 3 0 15 15 pct i ua 41 11 (1Ir- NC Division of Water Quality — Methodology for Identification of Intermittent and Perennial Streams and Their Origins v 411 NC DWQ Stream Identification Form Version 411 ProjectfSlte Latitude Date 2 1 21 I Z Evaluators lT- County Longitude Total Points Stream Determination (circle ones Other stream is at least intermittent �. Ephemeral Intermittent a ennial e g Quad Name if z 19 or perennial if z 30 A Geomorphology (Subtotal ='%0 ) Absent Weak Moderate Strong 1 Continuity of channel bed and bank 0 1 2 2 3 2 Sinuosity of channel along thalweg 0 1 3 In channel structure ex riffle pool step pool 0 0 2 3 ripple pool sequence 0 1 2 4 Particle size of stream substrate 1 2 3 5 Active /relict floodplarn 0 1 21 3 6 Depositional bars or benches 0 1 2 3 7 Re cent alluvial deposits 0 0 1 2 3 8 Headcuts 0 0 5 1 5 9 Grade control 0 05 1 1 5 10 Natural valley No = 0 Yep= 3 11 Second or greater order channel artificial ditches are not rated see discussions in manual B Hydrology Subtotal = K+ ) 2 of Baseflow n oxidizing bacteria 0 1 1 0 5 0 E12Presence af litter 1 5 0 05) 1 15 ediment on plants or debris 0 0 5j 1 15 16 Organic debris lines or piles No = 0 Yes —,.3 17 Soil based evidence of high water table? C Biology Subtotal = _. 3 all, 1 0 18 Fibrous roots in streambed 2 1 0 19 Rooted upland plants in streambed 2 (-03 20 Macrobenthos (note diversity and abundance) 0 1 2 3 21 Aquatic Mollusks 0 0 1 05 1 1 5 22 Fish 0 05 1 15 23 Crayfish 0 0 5 � 1 1 5 24 Amphibians 0� 0 5 1 1 5 25 Algae 26 Wetland plants in streambed FACW = 0 75 OBL = 1 5 Other= 0 perennial streams may also be identified using other methods See p 35 of manual Notes Sketch 0AAX�1 10£P \Ihq (J x 41 Sketch 41 � l i U/ Sd NC Division of Water Quality — Methodology for Identification of Intermittent and Perennial Streams and Their Origins v 411 NC DWQ Stream Identification Form Version 4 11 Date 2 24 l�- ProjectlSite Latitude Evaluator A5 13 County Longitude Total Points Stream is at least intermittent Stream Determination (circle A Ephemeral Intermttte erenmal Other e g Quad Name if z 19 or perennial if Z 30 A Geomorphology (Subtotal = is 6 ) Absent Weak Moderate Strong 18 Continuity of channel bed and bank 0 1 1 2 3 3 2 Sinuosity of channel along thalweg 0 3 In channel structure ex riffle pool step pool 0 p 9 2 3 n le ool sequence 0 1 2 3 4 Particle size of stream substrate 1 n2 3 5 Active /relict floodplain 0 6 Depositional bars or benches 0 3 2 7 Recent alluvial deposits 0 1 1 2 3 8 Headcuts 0 05 1 15 9 Grade control 0 W5 1 5 10 Natural valley No �0 = Yes 3 11 Second or greater order channel artificial ditches are not rated see discussions in manual B Hydrology Subtotal = s_ 01 2 12 Presence of Baseflow 0 1 l 3 13 Iron oxidizing bacteria 0 1 0 1 0 5, 14 Leaf litter 1 5 0 0 5 , (1 1 5 15 Sediment on plants or debris 5 v 16 Organic debris lines or piles 0 Yes = 3 17 Soil based evidence of high water table? C Blolo Subtotal = '9� ) 1 0 18 Fibrous roots in streambed 3 3 2 2 1 0 19 Rooted upland plants to streambed 3 20 Macrobenthos (note diversity and abundance) 0 1 2 3 21 Aquatic Mollusks 0 1 2 1 1 5 2 2 Fish 0 (0 0 5 05 1 15 23 Crayfish 01 05 1 15 24 Amphibians 0 05 1 1 5), 25 Algae 26 Wetland plants in streambed FACW = 0 75 OBL = 1 5 O$t�er = 0 I' iel perennial streams may also be identified using other methods See p 35 of manual Notes Sketch 41 NC Division of Water Quality — Methodology for Identification of Intermittent and Perennial Streams and Their Origins v 411 NC IDWQ Stream Identification Form Version 411 Project/Site t ,k dA Vg Latitude Date -L �lt � I2 Evaluator P's County Longitude � � L... Total Points Stream Deter!g circle one) Other Stream is at least intermittent �+rJ� Ephemeral ntermittent erennial e g Quad Name if z 19 or perennial if z 30 i A Geomorphology (Subtotal IS 5) Absent Weak Moderate .= 18 Continuity of channel bed and bank 0 1 2 2 Sinuosity of channel along thalweg 0 1 2 3 In channel structure ex riffle pool step pool 0 1 ZM ripple pool sequence 0 1 2� 4 Particle size of stream substrate 05 1 5 Active /relict floodplain 0 1 2 2 6 Depositional bars or benches 0 1 � 7 Recent alluvial deposits 0 1 2 2 8 Headcuts 0 1 1 9 Grade control 0 0 5 0 5 10 Natural valley 0 11 Second or greater order channel No 0 artificial ditches are not rated see discussions ip manual B Hydrology (Subtotal= ) e of Baseflow 0 1 2 izing bacteria 0) 5 1 1 2 0 5 r 1 Mbased 0 0 5 1 nt on plants or debris 1 debris lines or piles 0 05 Nor 0 sed evidence of high water table? C Blolo ISubtotai = I=� ) ) I 18 Fibrous roots in streambed 3 2 1 19 Rooted upland plants in streambed 3 2 1 20 Macrobenthos (note diversity and abundance) 0 1 2 21 Aquatic Mollusks 10) 1 2 22 Fish 0} 05 1 23 Crayfish 05 1 24 Amphibians ( 0� 05 1 1 25 Algae 26 Wetland plants in streambed U091 05 FACW = 0 75 OBL =1 5 Other perennial streams may also be identified using other methods Seep 35 of manual Notes =3 3 0 1 0 0 3 3 15 5 15 15 C11".1.r r tla % 54 0i tke ry nE,o clIe Sketch M U��) o 41 f tit, 1 �o l 'kw C)0 1�; k6 fct NC Division of Water Quality — Methodology for Identification of Intermittent and Perennial Streams and Their Origins v 411 NC DWQ Stream Identification Form Version 411 � Date 2�2� �(� ProjectlSite Latitude Evaluator �^ County (�,un�6vv_- 4L Longitude Total Points SttrpArn.D_eiermmation (circle one Other Stream is at least intermittent (Q 'EPhemeerraP Intermittent Perennial e g Quad Name if 2:19 or perennial if;? 30 A Geomorphology (Subtotal = S ) Absent Weak Moderate 1 Continuity of channel bed and bank 0 2 2 2 Sinuosity of channel along thalweg 0 1 3 In channel structure ex riffle pool step pool 1 2 —ripple pool sequence 0 1 2 4 Particle size of stream substrate 0 5 Active/relict floodplain 6 Depositional bars or benches 0 2 7 Recent alluvial deposits � �0) 0 1 1 2 8 Headcuts 0 0 5 C 9 Grade control 0 0 5 1 10 Natural valley Not= 0 11 Second or greater order channel a artificial ditches are not rated see discussions in manual B Hydrology Subtotal = �dJ sence of Baseflow 1 2 oxidizing bacteria R0 1 1 2f 0 5 P131ron litter 1 5 ' 0 5 1 diment on plants or debris ganic debris lines or piles 0 � 0 5 d based evidence of high water table? ` No = 0 ` 19 � DCD 3 3 3 3 3 3 3 3 15 15 Yes = 3 E153 3 0 15 Yes _ 3 41 U �r� NC Division of Water Quality — Methodology for Identification of Intermittent and Perennial Streams and Their Origins v 411 NC DWQ Stream Identification Form Version 411 Date 2`v �(�- Project/Site 11AWAVIVA Latitude Longitude Evaluator As U ,JL County �V�c�a� Total Points Strea;termination (circle one) Other Stream is at least intermittent ' 62 �phemer Intermittent Perennial I e g Quad Name if 2:19 or perennial if z 30 A Geomorphology (Subtotal =) Absent 18 Continuity of channel bed and bank 0 2 Sinuosity of channel along thalweg 0 3 In channel structure ex riffle pool step pool 0 —ripple ool sequence 0 4 Particle size of stream substrate 3 5 Active /relict floodplain 0 ( 0 6 Depositional bars or benches 1 7 Recent alluvial deposits 0 8 Headcuts 0 9 Grade control 0 10 Natural valley 0 11 Second or greater order channel N0 �_ a artificial ditches are not rated see discussions in manual 05 B H drolo Subtotal 15 Yes = 3 12 Presence of Baseflow 0 13 Iron oxidizing bacteria 0 14 Leaf litter 15 15 Sediment on plants or debris 0 16 Organic debris lines or piles 0 4 17 Sod based evidence of high water table? No = C 131010 Subtotal = ko. ) 18 Fibrous roots in streambed 19 Rooted upland plants in streambed 20 Macrobenthos (note diversity and abundance) 73 0 21 Aquatic Mollusks 0 0 22 Fish (0) 23 Crayfish 0 24 Amphibians 1. 0 25 Algae 26 Wetland plants in streambed perennial streams may also be identified using other methods See p 35 of manual Sketch . Ci.,V v I 4`1 Weak Moderate strong 1 2 3 1 2 3 1 2 3 1 1 2 2 3 3 1 2 3 �1 2 3 1 2 3 0 57 1 15 05 1 15 Yes = 3 2 3 1 2 3 1 05 05 1 15 r5 1 15 `�` Yes = 3 2 1 0 2 1 0 1 2 3 1 2 3 05 1 15 05 1 15 05 1 15 05 1 15 W = 0 75 OBL = 1 5 Other= 0j, j, f" f r( I WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site �(_Q c4.,-o( vy )1' L� I1I I.4 City /County TI& Wk Sampling Date �1 10i I7. Applicant/Owner "Gr-- C A��� � a� State KX- Sampling Point \o� Q Investigator(s) !I�c� Section Township Range A Landform (hillslope terrace etc) oci �(g, t Local relief (concave convex none) ! ou1(2,0 _!� / - Slope (/) 610 Subregion (LRR or MLRA) 130 S �u A hktLat �5 14, 2,2c 1 U 2° Long - OZ �i2,q tl6q ° Datum N Soil Map Unit Name C.5C- - G J, J'dye e,0j -tcJ. (t)9:1a NWI classification Nn 1A714141 Ll f Shy Are climatic / hydrologic conditions on the site typical for this time of year? Yes No (If no explain In Remarks ) Are Vegetation Sod or Hydrology significantly disturbed? Are Normal Circumstances present? Yes 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 Is the Sampled Area Hydric Sod Present? Yes V No within a Wetland? Yes L `� No Wetland Hydrology Present? Yes ✓ No HYDROLOGY drology Indicators Secondary Indicators (minimum of two reauiredl ators (minimum of one is required check all that apply) — Surface Sod Cracks (136) ,/Surface Water (Al) _ True Aquatic Plants (B14) — Sparsely Vegetated Concave Surface (B8) ater Table (A2) r_ZVSaturabon(A3) Hydrogen Sulfide Odor (C1) — Drainage P atterns (610) ion (A3) _ Oxidized Rhizospheres on Living Roots (C3) — Moss Trim Lines (1316) arks (B1) ✓ Presence of Reduced Iron (C4) — Dry Season Water Table (C2) nt Deposits (62) _ Recent Iron Reduction in Tilled Sods (C6) — Crayfish Burrows (C8) Drift Deposits (133) — Thin Muck Surface (C7) - Saturation Visible on Aerial Imagery (C9) — Algal Mat or Crust (64) — Other (Explain in Remarks) — Stunted or Stressed Plants (D1) - Iron Deposits (65) — Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) — Shallow Aquitard (D3) _ Water Stained Leaves (B9) — Microtopographic Relief (D4) — Aquatic Fauna (1313) — FAC Neutral Test (D5) Field Observations / 1 Surface Water Present? Yes J No Depth (inches) Water Table Present? Yes a/ No Depth (inches) Saturation Present? Yes ✓ No Depth (inches) re sent? Yes V No includes ca illa fringe) Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available Remarks US Army Corps of Engineers Eastern Mountains and Piedmont- Interim Version US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version VEGETATION (Five Strata) — Use scientific names of plants Sampling Point Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size ) Cover Species? Status 9 Do YL Number of Dommant Species That Are OBL FACW or FAC (A) 1 (�1� �1�4 C�Vr�i 2 Total Number of Ddmmant (B) 3 Species Across All Strata 4 Percent of Dominant Species �e / 5 That Are OBL FACW or FAC __� (A(B) 6 evalence Index worksheet 7 (D� Cover Total / Cover of Multiply by = Total BL species i— x 1 = \ [FACW Sapling Stratum (Plot size ) i , Ali- species � � � x2= 2 (>r t r�'If -W—v« f Lk i Off' 1.� FAC species 2 x3= FACU species x4= 0 3 4 UPL species X5= a 1,1 t) L) (A) (b,0 (B) Column Totals 5 6 Prevalence Index = B/A = 2^ 7 Hydrophytic Vegetation Indicators \ 0 0 =Total Cover 1 Rapid Test for Hydrophytic Vegetation Shrub Stratum (Plot size ) 2 Dominance Testis >50 / 1 1,3 Prevalence Index is <_3 0' 2 4 Morphological Adaptations (Provide supporting 3 _ data in Remarks or on a separate sheet) 4 Problematic Hydrophytic Vegetation' (Explain) 5 6 'Indicators of hydnc sod and wetland hydrology must 7 be present unless disturbed or problematic = Total Cover Definitions of Five Vegetation Strata Herb Stratum (Plot size ) CtaJnLl� �r "i�6�tt�i 1 Tree —Woody plants excluding woody vines 1 approximately 20 ft (6 m) or more in height and 3 in 2 (7 6 cm) or larger in diameter at breast height (DBH) 3 Sapling —Woody plants excluding woody vines 4 approximately 20 ft (6 m) or more in height and less 5 than 3 in (7 6 cm) DBH 6 Shrub — Woody plants excluding woody vines 7 approximately 3 to 20 ft (1 to 6 m) in height 8 Herb —All herbaceous (non woody) plants including g herbaceous vines regardless of size and woody plants except woody vines less than approximately 10 3 ft (1 m) in height 11 Woody vine — All w oody vines regardless of height 12 00 =Total Cover Woody Vine Stratum (Plot size ) 1ftic�y, _- 2 3 4 Hydrophytic Vegetation No 5 Present? Yes 00 = Total Cover Remarks (Include photo numbers here or on a separate sheet) f (qw[ UA;,t/t4� CO,V(aIvsU1 C6E,0�tvbtmac- US Army Corps of Engineers Eastern Mountains and Piedmont — Interim Version SOIL Sampling Point W Ar t 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' Co-7— Texture Remarks 3 loY2 � (oo /I �- I2 245Y T 5 YP `) $ �(d e hA M L Saki t f tick! t7--2q D 7 6IR—&J2 to J�rJ enT 'Type C= Concentration D Depletion, RM= Reduced Matrix MS= Masked Sand Grains 2Location PL =Pore Lining M =Matnx Hydric Soil Indicators Indicators for Problematic Hydric Soils' _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Eplpedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147 148) (MLRA 147 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplam Soils (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (F8) _ Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N _ Iron Manganese Masses (F12) (LRR N MLRA 147 148) MLRA 136) 3Indicators ZSandy Gleyed Matrix (S4) _. Umbnc Surface (F13) (MLRA 136 122) of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplam Soils (F19) (MLRA 148) wetland hydrology must be present _ Stripped Matrix (S6) unless disturbed or problematic Restrictive Layer (if observed) Type Qojj s Depth (inches) 1 �— Hydric Soil Present? Yes V/ No Remarks US Army Corps of Engineers Eastern Mountains and Piedmont— Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont Project/Site EI��Eirat�u City /County �tf' "toa• Sampling Date 3�30�12 Applicant/Owner Ac J 000 LQ 6�i��.� ��� D State N C Sampling Point U h Investigator(s) A Section Township Range Aj r &mInE to wow g� t Landform(hilislope terrace etc) Y1 t����Ai]P Local relief (concave convex none) tQVtVtK Slope( /) Subregion (LRR or MLRA) Let �S , 1-1 S7,3 ID � Long — 97 cInyd Ll �2�D Datum Sod Map Unit Name rd— swdl,, +4fx4 NWI classification 'SJAv- -k(, .( Are climatic /hydrologic conditions on the site typical for this time of year? Yes No (If no explain in Remarks) Are Vegetation Sod or Hydrology significantly disturbed? Are Normal Circumstances present? Yes . ✓ No Are Vegetation Sod or Hydrology naturally problematic? (If needed explain any answers In Remarks ) ci iannn®tav nF FiKinihic;s — Attach site map showing sampling point locations transects Important features etc Hydrophytic Vegetation Present? Yes No Is the Sampled Area Hydric Soil Present? Yes No within a Wetland? Yes No t Wetland Hydrology Present? Yes No Remarks HYDROLOGY Wetland Hydrology Indicators Secondary Indicators (minimum of two reouired) Primary Indicators (minimum of one is required check all that apply) _, Surface Soil Cracks (B6) Surface Water (Al) _ True Aquatic Plants (B14) _ Sparsely Vegetated Concave Surface (138) _ _ High Water Table (A2) _ Hydrogen Sulfide Odor (C1) _ Drainage Patterns (1310) Saturation (A3) _ Oxidized Rhizospheres on Living Roots (C3) _ Moss Trim Lines (616) _ Water Marks (131) _ Presence of Reduced Iron (C4) _ Dry Season Water Table (C2) _ Sediment Deposits (62) _ Recent Iron Reduction in Tilled Soils (C6) _ Crayfish Burrows (C8) Drift Deposits (B3) _ Thin Muck Surface (C7) _ Saturation Visible on Aerial Imagery (C9) _ Algal Mat or Crust (64) — Other (Explain in Remarks) — Stunted or Stressed Plants (D1) _ _ Iron Deposits (B5) _ Geomorphic Position (D2) Inundation Visible on Aerial Imagery (137) _. Shallow Agwtard (D3) _ Water Stained Leaves (B9) _ Microtopographic Relief (D4) _ _ Aquatic Fauna (B13) _ PAC Neutral Test (D5) Field Observations Surface Water Present? Yes No xX Depth (inches) Water Table Present? Yes No Depth (inches) / Saturation Present? Yes No Depth (inches) Wetland Hydrology Present? Yes 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— Interim Version VEGETATION (Five Strata) — Use scientific names of plants Total / Cover of Multioly by Absolute Dominant Indicator Tree Stratum (Plot size ) Cover Species? Status 1 p� 2G' ins f r� cti� lea P� 2 _ 50 _ v I A xLe Prevalence Index = B/A = 3 5 6 7 Total CoVer Saoling Stratum (Plot size ) 1 ' sliul; �� I►r+nrAsir. --- (`'�tL 2 Link►err.re, t( Cu, t C yL 5a 3 t0l ' 4tl t (i �Di e:!�t �i i 1 Et4"etsra�U 5 6 7 =Total Cover Shrub Stratum (Plot size pp ) 1 �7�ltottb r�CVtG t �t1 C 0- k -ek-It yil,t 1 0 (7 \q UPL^ 3 4 5 Sampling Point UPI Dominance Test worksheet. Number of Dominant Species That Are OBL FACW or FAC~ (A) Total Number of Dominant 0 (B) Species Across All Strata 0 Percent of Dominant Species e7 That Are OBL FACW or FAC (r b (A1B) Prevalence Index worksheet Total / Cover of Multioly by OBL species 0 x 1 = FACW species a x 2 = FAC species 00 x3= S�rCa FACU species _I_ x4= 2�U UPL species 220 X5= l (U G Column Totals Lf �o (A) (q ,$0 (B) A xLe Prevalence Index = B/A = Hydrophytic Vegetation Indicators — 1 Rapid Test for Hydrophytic Vegetation — 2 Dominance Test is >50 / _ 3 Prevalence Index is 53 01 _ 4 Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 6 'Indicators of hydnc soil andwetland hydrology must 7 be present unless disturbed or problematic 111:90 = Total Cover I Definitions of Five Vegetation Strata Herb Stratum (Plot size ) 2 3 4 5 6 7 8 9 10 11 12 Qe?r = Total Cover Woody Vine Stratum (Plot size ) too 2 J 3 5 = Total Cover (Include photo numbers here or on a separate sheet Tree - Woody plants excluding woody vines approximately 20 it (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 it (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 US Army Corps of Engineers Eastern Mountains and Piedmont- Interim Version up I SOIL Sampling Point Profile Description (Describe to the depth needed to document the Indicator or confirm the absence of Indicators) Depth Matrix (inches) 9010r mois A Redox Features Color (moist) �_ Tvoe Loci Texture Remarks d ° �6 lny►E- (00 s��Li�'oa�Jill 'Type C= Concentration D-De letion RM= Reduced Matrix MS= Masked Sand Grains ZLocation PL--PoreLInlnq M =Matrx for Problematic Hydric Soils' Hydric Soil Indicators Histosol (Al) _ Dark Surface (S7) Indicators _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _ Polyvalue Below Surface (S8) (MLRA 147 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147 148) (MLRA 147 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplam Sods (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (TF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) _ Thick Dark Surface (Al2) _ Redox Depressions (178) _ Other (Explain in Remarks) _ _ Sandy Mucky Mineral (S1) (LRR N _ Iron Manganese Masses (F12) (LRR N MLRA 147 148) Sandy Gleyed Matrix (S4) MLRA 136) _ Umbnc Surface (F13) (MLRA 136 122) 'Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplain Sods (F19) (MLRA 148) wetland hydrology must be present _ _ Stripped Matrix (S6) unless disturbed or problematic Restrictive Layer (if observed) Type Depth (inches) Hydric Soil Present? Yes No 2Z- Remarks US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont ({ City/County 0 J "�� Sampling Date S u i 2, Project/Site ��,Q it nI J`r kid U Applicant/Owner Y�L[�(�IlP (d/ �"t�g L3lo�up 1State �� !�L Sampling Point w� Investigator(s) � 604 1 °` Section Township Range YIIQ( rU �IFRUle� dlslope terrace etc) D� <.0� Datum Local relief (concave convex none) ShbbGlii�.41- Slope Landform (h Subregion (LRR or MLRA) �, �i4 Q-k4t ,e_ Let �i� y ��� 2 Long �a�ai� 1 s.31kYJ �S Soil Map Unit Name Ull (1, n+ 4", JS — 60neg)1 (7-, NWl classification t, rV e Are climatic / hydrologic conditions on the site typical for this time of year? Yes 'f No (If no explain in Remarks ) Are Vegetation Sod or Hydrology significantly disturbed? Are Normal Circumstances present? Yes 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 Lis the Sampled Area Hydnc Sod Present? Yes No �° ith►n a Wetland? Yes No Wetland Hydrology Present? Yes No HYDROLOGY Secondary Indicators (minimum of two reowredl ydrology Indicators Surface Sod Cracks (B6) icators (minimum of one is required check al l that aaoly) — Sparsely Vegetated Concave Surface (B8) rPrimary e Water (A1) — True Aquatic Plants (614) Sulfide Odor (C1) — Draina a Patterns 1310 — g ater Table (A2) _Hydrogen Oxidized Rhizospheres on Living Roots (C3) — Moss Trim Lines (1316) tion (A3) — Presence of Reduced Iron (C4) D Season Water Table (C2) — ry Marks (B1) ent Deposits (62) — — Recent Iron Reduction in Tilled Sods (C6) ,_ Crayfish Burrows (C8) _ Thin Muck Surface (C7) — Saturation Visible on Aerial Imagery (C9) _ Drift Deposits (63) —. Other (Explain In Remarks) ( p - Stunted or Stressed Plants (D1) — Algal Mat or Crust (B4) — Geomorphic Position (D2) - Iron Deposits (135) — Shallow Aquitard (D3) _ Inundation Visible on Aerial Imagery (B7) — Microtopographic Relief (D4) _ Water Stained Leaves (139) — FAC Neutral Test (D5) — Aquatic Fauna (613) — Field Observations � Surface Water Present? Yes No Depth (inches) Water Table Present? Yes _,Z No 1 Depth (inches) Cw / Depth (inches) ! Wetland Hydrology Present? Yes ✓ No — Saturation Present? Yes No Saturation includes capillary fringe) Describe Recorded Data (stream gauge monitoring well aerial photos previous inspections) if available Remarks Eastern Mountains and Piedmont — Interim Version US Army Corps of Engineers VEGETATION (Five Strata) — Use scientific names of plants Sampling Point Absolute Dominant Indicator Dominance Test worksheet Tree Stratum (Plot size ) Cover Species? Status Number of Dominant Species 1 Id pine That Are OBL FACW or FAC � (A) 2 Total Number of Dominant 3 Species Across All Strata (B) 4 Percent of Dominant Species Q 2 0 5 rhn4 Ara ORI FAM nr PAC U J 'f _ (A/B) 6 7 v = Total Cover Saolmg Stratum (Plot size ) 3 4 5 6 7 (vn =Total Cover Shrub nnStratum (Plot size ) 1 t1i v�&thc, GG ikLVlra 2 o 3 4 5 Prevalence Index worksheet Total / Cover of Multiply by OBL species !) x 1 = @ FACW species — /_ -L0 x 2 = L1 —q0 PAC species C-1 x3= FACU species 0 x4= UPL species zo X5= Column Totals 6 'j C � (A) c5 q* (B) Prevalence Index = B/A = 7-7-15 Hydrophytic Vegetation Indicators Rapid Test for Hydrophytic Vegetation _✓ 2 Dominance Test is >50 / 3 Prevalence Index is < -3 0' —4 Morphological Adaptations' (Provide supporting data in Remarks or on a separate sheet) _ Problematic Hydrophytic Vegetation' (Explain) 6 'Indicators of hydnc sod and wetland hydrology must 7 be present unless disturbed or problematic (D U = Total Cover Definitions of Five Vegetation Strata Herb Stratum (Plot size ) Tree - Woody plants excluding woody vines approximately 20 it (6 m) or more in height and 3 in (7 6 cm) or larger in diameter at breast height (DBH) 3 4 5 6 7 8 9 10 11 12 Total Cover Woody Vine Stratum (Plot size ) 1 J\3 o�1e 9 3 4 5 de photo numbers here or on a separate sheet 0 = Total Cover Sapling - Woody plants excluding woody vines approximately 20 it (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 r:/ No US Army Corps of Engineers Eastern Mountains and Piedmont- Interim Version SOIL Sampling Point VV Ji �L 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) /q Tvne Lo Texture Remarks 'Type C= Concentration D =De letion RM= Reduced Matrix MS= Masked Sand Grains 2Location PL =Pore Lining, M —Matrx Hydric Sod Indicators Indicators for Problematic Hydric Solls3 _ Histosol (Al) _ Dark Surface (S7) _ 2 cm Muck (A10) (MLRA 147) _ Histic Epipedon (A2) _. Polyvalue Below Surface (S8) (MLRA 147 148) _ Coast Prairie Redox (A16) _ Black Histic (A3) _ Thin Dark Surface (S9) (MLRA 147 148) (MLRA 147 148) _ Hydrogen Sulfide (A4) _ Loamy Gleyed Matrix (F2) _ Piedmont Floodplam Sods (F19) _ Stratified Layers (A5) _ Depleted Matrix (F3) (MLRA 136 147) _ 2 cm Muck (A10) (LRR N) _ Redox Dark Surface (F6) _ Red Parent Material (fF2) _ Depleted Below Dark Surface (A11) _ Depleted Dark Surface (F7) _ Very Shallow Dark Surface (TF12) Thick Dark Surface (Al2) _ Redox Depressions (F8) — Other (Explain in Remarks) Sandy Mucky Mineral (S1) (LRR N _ Iron Manganese Masses (1712) (LRR N MLRA 147 148) MLRA 136) _ Sandy Gleyed Matrix (S4) _ Umbnc Surface (F13) (MLRA 136 122) 3Indicators of hydrophytic vegetation and _ Sandy Redox (S5) _ Piedmont Floodplam Sods (F19) (MLRA 148) wetland hydrology must be present _ Stripped Matrix (S6) unless disturbed or problematic Restrictive Layer (if observed) Type Depth (inches) Hydric Soil Present? Yes No t/ Remarks s US Army Corps of Engineers Eastern Mountains and Piedmont— Interim Version APPENDIX B Site Plan Prepared by David Aiton Of Aiton Anderson Architecture I rill/ ' t I Jill I- 1 I \\ I 'IIII i lk 11 \ \I ii u I rri \ r 1 111 I It \ I I rhn I r 1 I I r't n 1 I I 11'nl I u / I Ilan I n \ , I 111111 I / 6 Ittl % l�rll fill II \l 11 l i ,fll iru t IrI t 3, ii'ii I i ' it 1 III l B i l j � � ,r'� I$jji♦ \l 1 l/ / // 1 I ;\1I I I\ I t // \t 11 It l 1 9 '1 i/, I I I I' l \ \I II I \ III ! 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IG � {�"" h 11 Ill III � "•_ � � \ /1- %---------- _------- _- - - - - -_ ------ _ _=; rill ------- - - -",/ , r / /� �i - -- ��ra I 1 tll ' ' d -- A I I 11l'I I I l I I 9� I / �LLU) V C O j 9 U ORn' M v fy X�W O SQ Q J 0- E HBp 0B F- \ U =00 =o0 � a U LLV G � v m _ Nv �3� �yLro .- F NV9 - � f" z APPENDIX C National Wetland Inventory Map i a N N @ G a ftS Q a a o lu X111'1 � I C� �Qo o� °E'o �Yn a3E qq- 41�D Uri wm� oa�A to #b.... 6 r, �1 �� t L ell x r�: APPENDIX D FEMA /FIRM Map C coo`,--- Z V AVM -�� 0 <- p F > v3 fit •� 0 o w z w _79 w M z . �w Y4 r Q> so R w Q p ZN o Cd , ip s LLI D ° Z r' m C) L b ;3 cn a o a r z r TT Y o m laf LL -F Lo OC aL O QtS ItIO& tl WEN CV cl L'.i -i N ' U3 M Uv, o cn ♦Y LLI to • ~ E 3W I- N O P I- w r R W a Lu c >. 6 ELao E w LU a � ¢_ 4 LL rYYr �FSO m0 �M J v Ol]LLL �L' NY �c~l6 co LL oEo i LLF QI8S� 8 LE$ Fz+ v {' o o s E v_ o < z� N Z v �NAOo m — EEu_ F ® Ld> °' w = Z j..J IrI o tm � F polo ozz >> mom LlA g Ln U_ }. . �,•�_ B W_., o p t'bo �i E s f i°'"°^ rr o uIL o �� Q Np F �i J 4r o' ZUUrz m�,o LLIQ4 °�:" =3 Yr= 'r ��Q Z ii O" Lil OJ _ z5'�`C8 �5�,.°U �u�_ Uns �cm>E Q ® 0 �w Q (] Q.. Na xz'-z� E Q Zf LnH G� ¢a Sti m o N 6L LL U UQmSi �.ILL�U V LL! ° O a g. ° `3t o.. v -- IE OY L p rc m Y Q2tMVfk2t(TN QOD11AnliMC m o[. Q C coo`,--- Z V AVM -�� 0 <- p F > v3 fit •� 0 o w z w _79 w M z . �w Y4 r Q> so R w Q p ZN o Cd , ip s LLI D ° Z r' m C) L b ;3 cn a o a r z r TT Y o m laf LL -F Lo OC aL O QtS ItIO& tl WEN CV cl L'.i -i N ' U3 M Uv, o cn APPENDIX E Soil Map Unit Descriptions Map Unit Description Urban land— Buncombe County North Carolina and Henderson County North Carolina Buncombe County, North Carolina Ux —Urban land Map Unit Composition Urban land 90 percent Description of Urban Land Setting Parent material Streets parking lots buildings and other structures Interpretive groups Land capability (nonirngated) 8s Data Source Information Sod Survey Area Buncombe County North Carolina Survey Area Data Version 7 Jul 7 2010 Sod Survey Area Henderson County North Carolina Survey Area Data Version 10 Oct 1 2010 Web Sod Survey 312612012 Natural Resources page 1 of 1 Conservation Service National Cooperative Soil Survey Map Unit Description Clifton sandy loam 8 to 15 percent slopes- Buncombe County North Carolina and Henderson County North Carolina Buncombe County, North Carolina CsC— Clifton sandy loam, 8 to 15 percent slopes Map Unit Setting Elevation 2 100 to 2 300 feet Mean annual precipitation 45 to 60 inches Mean annual air temperature 46 to 57 degrees F Frost free period 130 to 180 days Map Unit Composition Clifton stony and similar soils 85 percent Description of Clifton, Stony Setting Landform Mountain slopes ridges Landform position (two dimensional) Summit shoulder Landform position (three dimensional) Mountaintop crest Down slope shape Convex Across slope shape Convex Parent material Residuum weathered from amphibolite or hornblende gneiss Properties and qualities Slope 8 to 15 percent Depth to restrictive feature More than 80 inches Drainage class Well drained Capacity of the most limiting layer to transmit water (Ksat) Moderately high to high (0 57 to 1 98 in/hr) Depth to water table More than $0 inches Frequency of flooding None Frequency of ponding None Available water capacity High (about 10 2 inches) Interpretive groups Land capability (nonirrigated) 3e Typical profile 0 to 8 inches Sandy loam 8 to 55 inches Clay 55 to 80 inches Loam Data Source Wormatuon Sod Survey Area Buncombe County North Carolina Survey Area Data Version 7 Jul 7 2010 Sod Surrey Area Henderson County North Carolina Survey Area Data Version 10 Oct 1 2010 Web Soil Survey 312612012 Natural Resources page 1 of 1 Conservation Service National Cooperative Soll Survey Map Unit Description Udorthents loamy — Buncombe County North Carolina and Henderson County North Carolina Buncombe County, North Carolina Ud— Udorthents, loamy Map Unit Setting Elevation 1950 to 3 800 feet Mean annual precipitation 0 inches Mean annual air temperature 32 degrees F Frost free period 0 days Map Unit Composition Udorthents loamy and similar soils 85 percent Description of Udorthents Loamy Setting Down slope shape Linear convex Across slope shape Convex Parent material Loamy and clayey mine spoil or earthy fill derived from igneous metamorphic and sedimentary rock Properties and qualities Slope 0 to 15 percent Depth to restrictive feature More than 80 inches Drainage class Well drained Capacity of the most limiting layer to transmit water (Ksat) Very low to very high (0 00 to 19 98 in/hr) Depth to water table More than 80 inches Frequency of flooding None Frequency ofpond►ng None Available water capacity Moderate (about 7 2 inches) Interpretive groups Land capability (non►rngated) 7e Typical profile 0 to 80 inches Sandy clay loam Data Source Worrmatlon Soil Survey Area Buncombe County North Carolina Survey Area Data Version 7 Jul 7 2010 Soil Survey Area Henderson County North Carolina Survey Area Data Version 10 Oct 1 2010 USDA Natural Resources Web Sod Survey """"" i Conservation Service National Cooperative Soil Survey Page 1 of 1 Map Unit Description Udorthents Urban land complex 2 to 50 percentslopes- Buncombe County North Carolina and Henderson County North Carolina Buncombe County, North Carolina UhE-- Udorthents -Urban land complex, 2 to 50 percent slopes Map Unit Setting Elevation 1 950 to 3 400 feet Mean annual precipitation 0 to 54 Inches Mean annual air temperature 32 degrees F Frost free period 0 days Map Unit Composition Udorthents rocky andslmdarsoils 55 percent Urban land 40 percent Minor components 1 percent Description of Udorthents Rocky Setting Down slope shape Linear convex Across slope shape Convex Parent material Loamy and clayey mine spoil or earthy fill derived from Igneous metamorphic and sedimentary rock Properties and qualities Slope 2 to 50 percent Depth to restrictive feature More than 80 Inches Drainage class Well drained Capacity of the most limiting layer to transmit water (Ksat) Very low to very high (0 00 to 19 98 In /hr) Depth to water table More than 80 Inches Frequency of flooding None Frequency ofpondmg None Available water capacity Moderate (about 8 4 inches) Interpretive groups Land capability (nomrrigated) 7s Typical profile 0 to 80 inches Sandy loam Description of Urban Land Setting Parent material Streets parking lots buildings and other structures Interpretive groups Land capability (nonirrigated) 8s Minor Components Rock outcrop Percent of map unit 1 percent Web Soil Survey 312612012 Natural Resources Page 1 of 2 Conservation Service National Cooperative Sod Survey Map Unit Description Udorthents Urban land complex 2 to 50 percent slopes — Buncombe County North Carolina and Henderson County North Carolina Landform Mountain slopes ridges Data Source Information Sod Survey Area Buncombe County North Carolina Survey Area Data Version 7 Jul 7 2010 Soil Survey Area Henderson County North Carolina Survey Area Data Version 10 Oct 1 2010 n InC In non Natural Resources Web Sod Survey page 2 of 2 Conservation Service National Cooperative Sod Survey