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Home My WebLink About20181034 Ver 1_SAW-2018-01171 PJD_ForMitPlan_WithNote_20210510U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID: SAW-2018-01171 County: Haywood U.S.G.S. Quad: Fines Creek NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner: Michael Baker International / Attn.: Micky Clemmons Address: 797 Haywood Road, Suite 201 Asheville, NC 28806 Telephone Number: 828-412-6100 Size (acres): 7.01 acre portion of larger tract Nearest Waterway: UTs Rush Fork River Basin/ HUC: Pigeon (06010106) Nearest Town: Crabtree Community Coordinates: 35.64454 N, 82.94008 W Location description: The project site is located on a tract of land (PINs 8721-72-6837 and 8731-33-5998) at 9503 Rush Fork Road in the Crabtree community of Haywood County, North Carolina. Indicate Which of the Following Apply: A. Preliminary Determination X There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination _ There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are waters of the U.S. including wetlands on the above described property subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. _ The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. _ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. _ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management to determine their requirements. Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact David Brown at 828-271-7980, ext. 4232 or david.w.brown@usace.army.mil. C. Basis for Determination: See attached preliminary jurisdictional determination form. D. Remarks: The potential waters of the U.S., at this site, were verified on -site by the Corps on April 11, 2019, and are as approximately depicted on the attached Hydrologic Features Map (Figures 8, 8,4.1, 8B, 8C, 8D.1, and 8E) submitted by Michael Baker International. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by, N/A (Preliminary -JD). 2 **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Officialt David Brown Issue Date of JD: May 1, 2019 Expiration Date: N/A Preliminary JD The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http : //corp smapu.usac e. army. mil/cm_apex/f?p=13 6:4:0. Copy furnished: Anne Palmer Family Properties, L.P., 6624 Yacht Club Road, Flowery Branch, GA 30542 WE Kirk Farms North, LLC, 448 Little Mountain Road, Waynesville, NC 28786 3 Blank Page Wa = 0.023 acres W-H = 0.008 acres W-B = 0.009 acres W-D= 0.012 acres ice' i INSET D UT2 = 107.2 LF Stream Features Stream_Typ Intermittent Perennial Wetland Channel Rush Fork_Upd ated Wetlands Additional Fencing nProposed Conservation Easement Michael Baker INTERNATIONAL 0 100 200 1 inch = 200 feet 400 Feet Figure 8 - Updated as of 4/11/19 Site Visit Hydrologic Features Overview Map UT to Rush Fork Stream Mitigation Project W-I = 0.313 acres W-J = 0.161 acres rW-G = 0.3971 acres UT3 - 1,664.9 LF • L?c,4; 'C7 s 5, Ez-if il-yi7i'a `ogi `iitT,, r,NEs`c 11ih r, F , USDA, lL, A Ci; j1J, 1a1, f7 the iE JrS,Ca mi it i47GlIIi4a/ Stream_Typ Perennial 0 Proposed Conservation Easement [ ./ Wetlands Michael Baker INTERNATIONAL Additional Figure 8A.1 Feet Hydrologic Features Map - Post Field 0 30 60 120 Verification 4/11/19 UT to Rush Fork - Stream Mitigation Project IW- = 0.397 acres Stream Form Data Point Upland / Non -wetland Data Point 2 Wetland Data Point Project Review Area Intermittent Stream Perennial Stream Wetland Channel Floodplain Ditches Edge of Channel 7//j Wetland Project Parcel Boundary Additional Fencing EIProposed Conservation Easement 20i15tAerial Photograph Source: NC OneMap, NC CenterforGeograp is n orma ion n Michael Baker INTERNATIONAL 0 30 60 120 Feet 1 inch = 60 feet Figure 8B Hydrologic Features Map - INSET B UT to Rush Fork Stream Mitigation Project s Stream Form Data Point o Upland / Non -wetland Data Point s Wetland Data Point Project Review Area Intermittent Stream Perennial Stream Wetland Channel Floodplain Ditches — Edge of Channel Wetland Project Parcel Boundary Additional Fencing DProposed Conservation Easement hotograph Sourc C OneMa eog-ratiffic aapagbilijuilgalitob Michael Baker INTERNATIONAL 0 30 60 1 inch = 60 feet 120 Feet Figure 8C Hydrologic Features Map - INSET C UT to Rush Fork Stream Mitigation Project UT4 - 210.3 LF tr s DiO tiirdt- 'GeoEv-a i'-i-U'i7c 6- z a, g a t "cs, ,CN /A t a m , (LEM, LY 1 , �Y�Ii' it1D, Y��i\l, rn�l 1b C3 S kJsa crox;aru,�ttin q UT3 - 1,664.9 LF W-F = 0.051 acres W-D = 0.012 acres UT1 - 2,854 LF W-E = 0.313 acres Stream_Typ Intermittent IMMO Perennial l= Proposed Conservation Easement Wetlands Michael Baker INTERNATIONAL Additional Figure 8D.1 0 37.5 75 150 Hydrologic Features Map - Post Field iii Feet Verification 4/11/19 UT to Rush Fork - Stream Mitigation Project INSET E •glph Map >INS W-K = 0.033 acres S Stream Form Data Point L. Upland / Non -wetland Data Point A. Wetland Data Point Project Review Area Intermittent Stream — Perennial Stream — Wetland Channel Floodplain Ditches — Edge of Channel Wetland Project Parcel Boundary Additional Fencing Proposed Conservation Easement ; CenterforiGeogtaphicilnfortnationEnjAltia1 Michael Baker INTERNATIONAL 0 30 60 1 inch = 60 feet 120 Feet Figure 8E Hydrologic Features Map - INSET E UT to Rush Fork Stream Mitigation Project NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL 4 Applicant: Michael Baker International / Attn.: Micky Clemmons File Number: SAW-2018-01171 Date: May 1, 2019 Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ❑ APPROVED JURISDICTIONAL DE I ERMINATION D I1 PRELIMINARY JURISDICTIONAL DE TERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at http://www.usace.army.mil/Missions/Civil Works/RegulatoryProgramandPermits.aspx or Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. 5 E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your proffered permit in clear concise statements. You may attach additional objections are addressed in the administrative record.) reasons for appealing the decision or your objections to an initial information to this form to clarify where your reasons or ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: District Engineer, Wilmington Regulatory Division, Attn: David Brown 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 828-271-7980, ext. 4232 If you only have questions regarding the appeal process you may also contact: Mr. Jason Steele, Administrative Appeal Review Officer CESAD-PDO U.S. Army Corps of Engineers, South Atlantic Division 60 Forsyth Street, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 6 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: May 1, 2019 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Michael Baker International / Attn.: Micky Clemmons 797 Haywood Road, Suite 201 Asheville, NC 28806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2018-01171, NCDMS ILF — UTs Rush Fork Mitigation Site D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project site is located on a tract of land (PINs 8721-72-6837 and 8731-33-5998) at 9503 Rush Fork Road in the Crabtree community of Haywood County, North Carolina. State: NC County/parish/borough: Haywood City: Crabtree Community Center coordinates of site (lat/long in degree decimal format): 35.64454 N, 82.94008 W Universal Transverse Mercator: N/A Name of nearest waterbody: UTs Rush Fork E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Ei Office (Desk) Determination. Date: May 1, 2019 FieldDetermination. Date(s): April 11, 2019 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Site Number Centered Coordinates (decimal degrees) Latitude Longitude Estimated Amount of Aquatic Resource in Review Area (linear feet or acre) Type of Aquatic Resources Geographic Authority to Which Aquatic Resource "May Be" Subject UT1 (UT Rusk Fork) 35.6463 -82.9378 2,854 if ❑ Wetland /1 Section 404 1I Non -wetland Waters ❑ Section 10/404 UT2 (UT Rusk Fork)/1 35.6450 -82.9391 107 if ❑ Wetland El Section 404 ❑ Section 10/404 Non -wetland Waters UT2-1 (UT Rusk Fork) 35.6451 -82.9389 961E E. Wetland El Non -wetland Waters ASection 404 ❑ Section 10/404 UT3 (UT Rusk Fork) 35.6478 -82.9412 1,665 if ❑ Wetland ® Non -wetland Waters �1 Section 404 ❑ Section 10/404 UT4 (UT Rusk Fork)El 35.6447 -82.9406 2101E Q Wetland Non -wetland Waters 0Section 404 ❑ Section 10/404 W-A 35.6462 -82.9378 0.021 ac 0 Wetland Section 404 ❑ Section 10/404 0 Non -wetland Waters W-B 35.6457 -82.9385 0.009 ac Section 404 ❑ Section 10/404 Wetland ❑ Non -wetland Waters 7 W-C 35.6455 -82.9386 0.235 ac ►11 Wetland /1 Section 404 Q Non -wetland Waters ❑ Section 10/404 W-D 35.6447 -82.9397 0.012 ac ®Wetland ❑ Non -wetland Waters // Section 404 ❑ Section 10/404 W-E 35.6443 -82.9406 0.313 ac I Wetland ►1 Section 404 ❑ Non -wetland Waters ❑ Section 10/404 W-F 35.6443 -82.9406 0.051 ac I Wetland Section 404 ❑ Section 10/404 ❑ Non -wetland Waters W-G 35.6457 -82.9404 0.397 ac I Wetland Section 404 ❑ Section 10/404 ❑ Non -wetland Waters W-H 35.6457 -82.9402 0.008 ac I Wetland II Section 404 ❑ Non -wetland Waters ❑ Section 10/404 W-I 35.6482 -82.9414 0.023 ac ' Wetland ►Z/ Section 404 ❑ Non -wetland Waters ❑ Section 10/404 W-J 35.6482 -82.9414 0.161 ac El Wetland ❑ Non -wetland Waters �/ Section 404 ❑ Section 10/404 W-K 35.6424 -82.9411 0.033 ac I Wetland El Section 404 ❑ Non -wetland Waters 0 Section 10/404 W-L 35.6425 -82.9413 0.071 ac �/ Wetland Section 404 ❑ Section 10/404 ❑ Non -wetland Waters W-M 35.6419 -82.9419 0.048 ac Wetland Section 404 ❑ Section 10/404 ❑ Non -wetland Waters 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requestor of this PJD is hereby advised of his or her option to request and obtain an approved JD (AJD) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. 2. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could possibly result in less compensatory mitigation being required or different special conditions; (3) the applicant has the right to request an individual permit rather than accepting the terms and conditions of the NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply with all the terms and conditions of that permit, including whatever mitigation requirements the Corps has determined to be necessary; (5) undertaking any activity in reliance upon the subject permit authorization without requesting an AJD constitutes the applicant's acceptance of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of Corps permit authorization based on a PJD constitutes agreement that all aquatic resources in the review area affected in any way by that activity will be treated as jurisdictional, and waives any challenge to such jurisdiction in any administrative or judicial compliance or enforcement action, or in any administrative appeal or in any Federal court; and (7) whether the applicant elects to use either an AJD or a PJD, the JD will be processed as soon as practicable. Further, an, AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to * Note: W-J is erroneously reported here as 0.161 acres. This was actually the originally submitted area, which was subsequently reduced during the field visit with COE regulatory staff. However, the submitted revised maps (included here with this PJD), while showing the wetland boundary adjugtment, did not recalculate the new wetland area, which should be 0.075 acres. make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: ® Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: Michael Baker International ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. Michael Baker International ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. USGS map(s). Cite scale & quad name: Fines Creek. ® Natural Resources Conservation Service (NRCS) Soil Survey. Citation: Haywood County, NC ❑ National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ® Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map Nos. 3700872100J and 3700873100J, effective date Apr. 3, 2012 ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): Google Earth Pro, Nov. 2017, Oct. 2015, Mar. 2013, Jun. 2008, Jun. 2006, Apr. 1998, and Apr. 1995 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting scientific literature: ® Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site and flow into the channels. Wetland hydrology is enhanced with the abutting stream channels via normal down gradient flows and periods of high water. The streams on the property are UTs Rush Fork, which all exhibit physical ordinary high water mark (OHWM) indicators including, break in slope; developed bed and bank; changes in sediment texture and soil character; natural line impressed on the bank; shelving; absence of vegetation; leaf litter washed away; sediment deposition and sorting; presence of aquatic life; water staining; presence of debris; and scour. Some of the streams are depicted as solid blue lines on the USGS 7.5 minute quadrangle map Fines Creek and the most current Natural Resource Conservation Service Soil Survey for Haywood County. Solid blue line features on these mapping conventions typically represent perennial streams. The UTs Rush Fork flow into Rush Fork, which flows into Crabtree Creek, and then into the Pigeon River, a traditional navigable water and Section 10 waters below Waterville Dam. The Pigeon River flows into the French Broad River and merges with the Holston River to form the Tennessee River. The Tennessee River drains into the Mississippi River before entering the Gulf of Mexico. IMPORTANT NOTE: The information recorded on this form has not necessarily been verified by the Corps and should not be relied upon for later jurisdictional determinations. 9 David Brown, May 1, 2019 Signature and date of Regulatory staff member completing preliminary JD Michael Baker International / Micky Clemmons (per Agent Authorization) Signature and date of person requesting preliminary JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided. Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. 10