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20130988
Corps Submittal Cover Sheet
1. Project Name: Cullowhee River Club. LLC
2. Name, Mailing Address, Phone Number of Property Owner /Applicant
Company and /or Name: Cullowhee River Club, LLC Attn: Mr. Tim Newell
Address: PO Box 2405 Cullowhee. NC 28723
Phone: 828 - 606 -7973
3. Name of Consultant/Agent: Jennifer L Robertson
4. Related /Previous Action ID number(s): none
5. Site Address: South Wayehutta Road. Cullowhee, Jackson County
6. Subdivision Name: Cullowhee River Club
7. City: Cullowhee
8. County: Jackson
9. Lat: 035.305646 N Long: 083.166131 W
10. Quadrangle Name: 5yIva South
11. Waterway: Tuckasegee River (WS -III, B; Tr)
12. Watershed: Little Tennessee River Basin
13. Jurisdictional Features on the Site: (Approximations Only.)
Stream Length: 2,386 linear feet
Wetland Area: 0.004 acres
Open Water Area: no open water acres
14. Requested Action:
® Nationwide Permit # 3 13, 29, and 36
❑ General Permit #
❑ Jurisdictional Determination Request
❑ Pre - Application Request
mg—
The following information will be completed by Corps office:
AID: Prepare File Folder Assign number in ORM
Begin Date Authorization: Section 10 Section 404
Project Description / Nature of Activity / Project Purpose:
Site/Waters Name:
Keywords:
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A
August 21, 2013
US Army Corps of Engineers NC Division of Water Resources Water Quality
Attn: Mr. David Brown Surface Water Protection Section
151 Patton Ave, Room 208 Attn: Mrs. Karen Higgins
Asheville, North Carolina 28801 -5006 1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
Re: Cullowhee River Club — Nationwide 3/13/29/36 Permit Application
Residential Development, Cullowhee, Jackson County, North Carolina
David /Karen:
The attached Pre - Construction Notification (PCN) is being submitted on behalf of Mr. Tim Newell with
Cullowhee River Club, LLC to allow for the fill, restoration, and stabilization of streams and stream
banks on approximately 125 acres in Jackson County, North Carolina on South Wayehutta Road. The
Cullowhee River Club (CRC) is requesting approval of the enclosed Nationwide 3/13/29/36 permit
application. The permit application request is for stream fill related to the installation of 100 linear
feet of culvert and 40 linear feet of culvert for two new road crossings along the project's main
entrance road (NWP 29). The third impact request is for 9 linear feet along the Tuckasegee River for
a boat access ramp (NWP 36). There is also a NWP 13 request for 500 linear feet of bank
stabilization along the Tuckasegee River and a NWP 3 request for the removal of 80 linear feet of
culvert which will be restored and replaced with 40 linear feet of culvert resulting in no additional
impact per discussions with your office and field office during the site meeting on April 15, 2013. The
impact requests for streams total 149 linear feet of new fill, 40 linear feet of replacement, 80 linear
feet of restoration, and 500 linear feet of bank stabilization. There is no request for wetland or open
water impacts. The requested construction schedule will commence immediately upon permit
approval.
The proposed 80 linear feet of culvert removal under NWP 3 will include removal of the culvert, re-
sloping and shaping of the stream banks to match upstream stream dimension, and stabilization of
stream banks with seed, straw, and coir fabric. Additional stream bed material from the proposed
culvert locations may be added if needed. Once construction begins and depending on site specific
conditions log or rock sills may be included as well, if necessary, to assure grade control and prevent
headcutting.
ATLAS Environmental Inc
9700 Research Drive, Suite 142
Charlotte, North Carolina 28262
980 - 819 -7780 (o) / 980 -819 -7876 (f)
www.atiasenvi.com
Alb
The NWP 13 request for 500 linear feet of bank stabilization is necessary to stabilize a reach along
the Tuckasegee River where the banks are vertical and failing due to the lack of proper woody
vegetation. A dense stand of cane currently exists in this area and will be eliminated prior to
construction. Bank stabilization will involve rock armor at the toe of the bank, re- sloping the bank,
and stabilization with seed, straw, heavy coir matting and livestakes with native species. Additional
potted native woody shrubs and trees may also be used.
There have been no other previous permits issued for the Cullowhee River Club property. Enclosed
are the necessary permit documents and additional project information. Feel free to contact me with
questions.
Thanks,
�6+ d "ZtW-'6'
Jennifer L Robertson
3Robertson@)atlasenvi.com
828- 712 -9205 or 704 -512 -1206 mobile
Copies To:
Mr. Kevin Barnett, NC DWR — Swannanoa
Mr. Dave McHenry, NC WRC — Waynesville
ATLAS Environmental Inc
9700 Research Drive, Suite 142
Charlotte, North Carolina 28262
980 - 819 -7780 (o) / 980 - 819 -7876 (f)
vwvw.atlasenvi.com
MZ ow 7 i
AGENT AUTHORIZATION FORM
U.S. Army Corps of Engineers, Wilmington District
Attn: Ken Jolley, Chief, Regulatory Division
69 Darlington Avenue
Wilmington, North Carolina 28403
-and-
NC Division of Water Quality
Attn: Karen Higgins, Supervisor
1650 Mail Service Center
Raleigh, North Carolina 27699 -1650
I, the current landowner of the property identified below, hereby authorize Atlas Environmental
Inc to act on my behalf as my agent during the processing of permits to impact Wetlands and
Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act.
Federal and State agents are authorized to be on said property when accompanied by Atlas
Environmental Inc staff. Atlas Environmental Inc is authorized to provide supplemental
information needed for permit processing at the request of the Corps or DWQ.
Property Owner of Record: Cullowhee River Club. LLC
Project Address:
Project Address:
Mailing Address:
Mailing Address:
Phone Number:
Fax Number:
Email Address:
Owners Name:
Owners Signature:
Date:
South Wayehutta Rd.
Cullowhee, NC
PO Box 2405
Cullowhee, NC 28723
(828) 606 -7973
(404) 549 -4198
TnewelONewellLandGroup.com
Cullowhee River Club, LLC by:
Newell Land Group. LLC. Manager by:
Tim R. Newell, Managing Member
00-P 1, op�-
August 12, 2013
ATLAS Environmental Inc
9700 Research Drive, Suite 142
charlotte, North Carolina 28262
828 -712 -9205 (m) / 704512 -1206 (m) / 980 - 819 -7780 (o) / 980 -819 -7876 (i)
jrobertson @atlasenvi.com
www.atiasenvi.com
ot WW At��F9h
>
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Office Use Only:
Corps action ID no.
DWQ project no.
Form Version 1.4 January 2009
Pre - Construction Notification (PCN) Form
A. Applicant Information
1. Processing
1 a. Type(s) of approval sought from the
Corps:
®Section 404 Permit ❑Section 10 Permit
1 b. Specify Nationwide Permit (NWP) number: 3 / 13 / 29 / 36 or General Permit (GP) number:
1c. Has the NWP or GP number been verified by the Corps?
❑ Yes
® No
1d. Type(s) of approval sought from the DWQ (check all that apply):
® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit
❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization
le. Is this notification solely for the record
because written approval is not required?
For the record only for DWQ 401
Certification:
® Yes ❑ No
For the record only for Corps Permit:
❑ Yes ® No
1f. Is payment into a mitigation bank or in -lieu fee program proposed for
mitigation of impacts? If so, attach the acceptance letter from mitigation bank
or in -lieu fee program.
❑ Yes
® No
1g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
❑ Yes
® No
1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)?
❑ Yes
® No
2. Project Information
2a. Name of project:
Cullowhee River Club
2b. County:
Jackson
2c. Nearest municipality / town:
Cullowhee
2d. Subdivision name:
Cullowhee River Club
2e. NCDOT only, T.I.P. or state
project no:
3. Owner Information
3a. Name(s) on Recorded Deed:
Cullowhee River Club, LLC
3b. Deed Book and Page No.
1895 and 717
3c. Responsible Party (for LLC if
applicable):
Mr. Tim Newell
3d. Street address:
68 S Wayehutta Rd
3e. City, state, zip:
Cullowhee, NC 28723
3f. Telephone no.:
828 -606 -7973
3g. Fax no.:
404549 -4198
3h. Email address: I
TNewell @NewellLandGroup.com
Page 1 of 10
PCN Form — Version 1.4 January 2009
4. Applicant Information (if different from owner)
4a. Applicant is:
❑ Agent ❑ Other, specify:
4b. Name:
4c. Business name
(if applicable):
4d. Street address:
4e. City, state, zip:
4f. Telephone no.:
4g. Fax no.:
4h. Email address:
S. Agent/Consultant Information (if applicable)
5a. Name:
Jennifer Robertson
5b. Business name
(if applicable):
Atlas Environmental
5c. Street address:
9700 Research Drive, Suite 142
5d. City, state, zip:
Charlotte, NC 28262
5e. Telephone no.:
828 -712 -9205
5f. Fax no.:
980 -819 -7876
5g. Email address:
jobertson@atlasenvi.com
Page 2 of 10
PCN Form — Version 1.4 January 2009
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
Tax Pin 7559 -72 -3155 and Parcel ID 663100525007
1 b. Site coordinates (in decimal degrees):
Latitude: 35.3036072907381 Longitude: - 83.1665056316164
1c. Property size:
+/ -125 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Tuckasegee River
2b. Water Quality Classification of nearest receiving water:
WS -III, B; Tr
2c. River basin:
Little Tennessee
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application: Primarily mature hardwood forest with some actively farmed land along the river.
3b. List the total estimated acreage of all existing wetlands on the property: 0.004
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: UTs:1458 linear feet
Tuckasegee River: 7928 linear feet
3d. Explain the purpose of the proposed project: mixed use development with residential lots, cottages, cabins, condos, a
lodge for resident and community activities, as well as open areas, greenways, and river access for recreation.
3e. Describe the overall project in detail, including the type of equipment to be used: Large earth moving equipment will be
used to cut in new roads. The main entrance road will follow an existing logging road. Culverts will be used for stream
crossings.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream determinations by the
Corps or State been requested or obtained for this property /
project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
Comments: Site Visit on April 15, 2013
4b. If the Corps made the jurisdictional determination, what type
of determination was made?
❑ preliminary ❑ Final
4c. If yes, who delineated the jurisdictional areas?
Name (if known):
Agency /Consultant Company:
Other:
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
5. Project History
5a. Have permits or certifications been requested or obtained for
this project (including all prior phases) in the past?
❑ Yes ® No ❑ Unknown
5b. If yes, explain in detail according to "help file" instructions.
6. Future Project Plans
6a. Is this a phased project?
❑ Yes ® No
6b. If yes, explain.
Page 3 of 10
PCN Form — Version 1.4 January 2009
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
❑ Wetlands ® Streams - tributaries ❑ Buffers ❑ Open Waters ❑ Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
2b.
2c.
2d.
2e.
2f.
Wetland impact
Type of jurisdiction
Area of
number
Type of impact
Type of wetland
Forested
Corps (404, 10) or
impact
Permanent (P) or
(if known)
DWQ (401, other)
(acres)
Temporary
W1 -
Choose one
Choose one
Yes /No
-
none
W2 -
Choose one
Choose one
Yes /No
-
none
W3 -
Choose one
Choose one
Yes/No
-
none
W4 -
Choose one
Choose one
Yes /No
-
none
W5 -
Choose one
Choose one
Yes /No
-
none
W6 -
Choose one
Choose one
Yes /No
-
none
2g. Total wetland
Impacts:
none
2h. Comments: no comments
3. Stream Impacts
If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this
question for all stream sites impacted.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
Stream impact
Type of impact
Stream name
Perennial
Type of jurisdiction
Average
Impact
number -
(PER) or
(Corps - 404, 10
stream
length
Permanent (P) or
intermittent
DWQ — non -404,
width
(linear feet)
Temporary (T)
(INT)?
other)
(feet)
S1 P
Culvert
Ch 600
PER
Corps
3
100
S2 P
Culvert
Ch 400
PER
Corps
3
40
S3 P
Stabilization
Tuckasegee
PER
Corps
120
9
S4 P
Other (Type In)
Tuckasegee
PER
Corps
120
500
S5 P
Culvert
Ch 100
PER
Corps
3
40
S6 -
Choose one
-
-
149 new /
3h. Total stream and tributary
40 replace /
Impacts:
500
stabilization
3i. Comments: Ch 100 involves replacing an 80' culvert with a 40' culvert for no additional impact but the new culvert will be
located just upstream of the existing culvert. 9' of impact on the Tuckasegee River is for a boat ramp /access. 500' of bank
stabilization along the Tuckasegee River as discussed in the cover letter.
Page 4 of 10
PCN Form — Version 1.4 January 2009
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of
the U.S. then individually list all open water impacts below.
4a.
4b.
4c.
4d.
4e.
Open water
Name of waterbody
impact number -
(if applicable)
Type of impact
Waterbody
Area of impact (acres)
Permanent (P)
type
or Temporary
01 -
Choose one
Choose
none
02 -
Choose one
Choose
none
03 -
Choose one
Choose
none
04 -
Choose one
Choose
none
4f. Total open water
impacts:
none
4g. Comments: no comments
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
5b.
5c.
5d.
5e.
Wetland Impacts (acres)
Stream Impacts (feet)
Upland
Pond ID
Proposed use or purpose
(acres)
number
of pond
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
Choose one
none
none
none
none
none
none
none
P2
Choose one
none
none
none
none
none
none
none
5f.
Total:
none
none
none
none
none
none
none
5g. Comments: none
5h. Is a dam high hazard permit required?
❑ Yes ❑ No If yes, permit ID no: no dam proposed
5i. Expected pond surface area (acres):
not applicable
5j. Size of pond watershed (acres):
not applicable
5k. Method of construction:
not applicable
6. Buffer Impacts (for DWQ)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts
below. If any impacts require mitigation, then you MUST fill out Section D of this form.
6a.Project is in which protected basin?
❑ Neuse ❑ Tar - Pamlico ❑ Catawba ❑ Randleman ❑ Other: none
6b.
6c.
6d.
6e.
6f.
6g.
Buffer impact
number -
Reason for impact
Buffer
Zone 1
Zone 2
Permanent (P)
Stream name
mitigation
impact
impact
or Temporary (T)
required?
(square
(square
feet )
I feet
B1 -
none
none
Yes /No
none
none
B2 -
none
none
Yes /No
none
none
B3 -
none
none
Yes /No
none
none
134 -
none
none
Yes/No
none
none
65 -
none
none
Yes /No
none
none
136 -
none
none
Yes /No
none
none
6h. Total buffer Impacts:
none
none
6i. Comments: no comments
Page 5 of 10
PCN Form - Version 1.4 January 2009
D. Impact Justification and Mitigation
1. Avoidance and Minimization
la. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
Existing logging roads are being used where possible, Buildings and roads are primarily clustered on high ground away from
streams and wetlands.
1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
All crossings will be perpendicular to channels. Existing road will be used for construction access instead of existing old
railroad grade. 80' existing culvert is being replaced with a 40' culvert.
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
2a. Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑ Yes ® No
2b. If yes, mitigation is required by (check all that apply):
❑ DWQ ❑ Corps
2c. If yes, which mitigation option will be used for this
project?
❑ Mitigation bank
❑ ro Payment to in -lieu fee ram
y p g
❑ Permittee Responsible Mitigation
3. Complete if Using a Mitigation Bank
3a. Name of Mitigation Bank: none
3b. Credits Purchased (attach receipt and letter)
Type: Choose one
Type: Choose one
Type: Choose one
Quantity none
Quantity none
Quantity none
3c. Comments: none
4. Complete if Making a Payment to In -lieu Fee Program
4a. Approval letter from in -lieu fee program is attached.
❑ Yes
4b. Stream mitigation requested:
none linear feet
4c. If using stream mitigation, stream temperature:
Choose one
4d. Buffer mitigation requested (DWQ only):
none square feet
4e. Riparian wetland mitigation requested:
none acres
4f. Non - riparian wetland mitigation requested:
none acres
4g. Coastal (tidal) wetland mitigation requested:
none acres
4h. Comments: no comments
5. Complete If Using a Penmittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
not applicable
Page 6 of 10
PCN Form — Version 1.4 January 2009
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWQ
6a. Will the project result in an impact within a protected riparian buffer that
❑ Yes ® No
requires buffer mitigation?
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the
amount of mitigation required.
6c.
6d.
6e.
Zone
Reason for impact
Total impact
Multiplier
Required mitigation
(square feet)
(square feet)
Zone 1
none
none
3 (2 for Catawba)
none
Zone 2
none
none
1.5
none
6f. Total buffer mitigation required:
none
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank,
permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
not applicable
6h. Comments: no comments
Page 7 of 10
PCN Form — Version 1.4 January 2009
E. Stormwater Management and Diffuse Flow Plan (required by DWQ)
1. Diffuse Flow Plan
1 a. Does the project include or is it adjacent to protected riparian buffers identified
❑ Yes ® No
within one of the NC Riparian Buffer Protection Rules?
1b. If yes, then is a diffuse flow plan included? If no, explain why.
❑ Yes ❑ No
2. Stormwater Management Plan
2a. What is the overall percent imperviousness of this project?
13%
2b. Does this project require a Stormwater Management Plan?
® Yes ❑ No
2c. If this project DOES NOT require a Stormwater Management Plan, explain why:
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
A compreshensive plan including site layout, road schedule and construction details, and an itemized impervious
calculations table is currently being reviewed by Jackson County Planning Department.
2e. Who will be responsible for the review of the Stormwater Management Plan?
Jackson County
3. Certified Local Government Stormwater Review
3a. In which local government's jurisdiction is this project?
Jackson County
❑ Phase II
3b. Which of the following locally- implemented stormwater management programs
❑ NSW
❑ USMP
apply (check all that apply):
® Water Supply Watershed
❑ Other:
3c. Has the approved Stormwater Management Plan with proof of approval been
❑ Yes ® No
attached?
4. DWQ Stormwater Program Review
❑ Coastal counties
4a. Which of the following state - implemented stormwater management programs apply
❑ HQW
❑ ORW
(check all that apply):
❑ Session Law 2006 -246
❑ Other:
4b. Has the approved Stormwater Management Plan with proof of approval been
attached?
❑ Yes ® No
5. DWQ 401 Unit Stormwater Review
5a. Does the Stormwater Management Plan meet the appropriate requirements?
® Yes ❑ No
5b. Have all of the 401 Unit submittal requirements been met?
® Yes ❑ No
Page 8 of 10
PCN Form — Version 1.4 January 2009
F. Supplementary Information
1. Environmental Documentation (DWQ Requirement)
1a. Does the project involve an expenditure of public (federal /state /local) funds or the
❑ Yes ® No
use of public (federal /state) land?
1 b. If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
❑ Yes ❑ No
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
1 c. If you answered "yes" to the above, has the document review been finalized by the
State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval
letter.)
❑ Yes ❑ No
Comments:
2. Violations (DWQ Requirement)
2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated
Wetland Rules (15A NCAC 2H .1300), DWQ Surface Water or Wetland Standards,
❑ Yes ® No
or Riparian Buffer Rules (15A NCAC 26.0200)?
2b. Is this an after -the -fact permit application?
❑ Yes ® No
2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3. Cumulative Impacts (DWQ Requirement)
3a. Will this project (based on past and reasonably anticipated future impacts) result in
❑ Yes ® No
additional development, which could impact nearby downstream water quality?
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the
most recent DWQ policy. If you answered "no," provide a short narrative description.
4. Sewage Disposal (DWQ Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from
the proposed project, or available capacity of the subject facility.
Cullowhee River Club will be connecting to Western Carolina University sewer, water, and power system.
Page 9 of 10
PCN Form — Version 1.4 January 2009
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or
® Yes ❑ No
habitat?
5b. Have you checked with the USFWS concerning Endangered Species Act
® Yes ❑ No
impacts?
5c. If yes, indicate the USFWS Field Office you have contacted.
Asheville
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
NCDENR Natural Heritage Program Map Viewer, Known locations of Elktoe downstream but will not be affected by the
project
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑ Yes ® No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat?
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal
governments have designated as having historic or cultural preservation
❑ Yes ® No
status (e.g., National Historic Trust designation or properties significant in
North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
NCHPO GIS Service
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA- designated 100 -year floodplain?
® Yes ❑ No
8b. If yes, explain how project meets FEMA requirements: No permanent structures will be placed within FEMA floodway.
8c. What source(s) did you use to make the floodplain determination? NC FEMA floodmaps
Jennifer L. Robertson
�K+ d�
August 21,
2013
Applicant(Agent's Printed Name
Applicant/Agent's Signature
Date
(Agent's signature is valid only if an authorization letter from the applicant
is provided.)
Page 10 of 10
PCN Form — Version 1.4 January 2009
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Directions to S Wayehutta Rd
Goog L p 53.9 mi — about 1 hour 3 mins
v, (P20!3 GoogV : Map data @2013 Google -
Otis St
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you
should plan your route accordingly. You must obey all signs or notices regarding your route.
1. Head south on Otis St toward Patton Ave
go 20 ft
total 20 ft
ro
2. Turn right onto Patton Ave
go 0.4 mi
About 1 min
total 0.5 mi
3. Keep left at the fork, follow signs for US -19 S /US -23 S/1 -240 W/W Asheville and merge onto 1 -240 W
go 0.7 mi
About 56 secs
total 1.2 mi
nw"`
4. Keep right to continue on 1 -240 W/1 -26 E, follow signs for Interstate 240 W /Interstate 26 E /Interstate 40
go 3.2 mi
About 3 mins
total 4.4 mi
5. Take exit 31 B to merge onto 1 -40 W toward Canton /Knoxville
go 18.2 mi
About 17 mins
total 22.6 mi
74
6. Keep right to continue on US -74 W /Great Smoky Mountains Expy, follow signs for US- 19 /US- 23 /Clyde/Waynesville /Maggie
go 22.0 mi
Valley /Franklin /Murphy /Atlanta
total 44.6 mi
About 22 mins
7. Take exit 85 for US -23 BUS toward N Carolina 107 /Cullowhee/W Carolina University
go 0.3 mi
total 44.9 mi
23
8. Slight left onto US -23 BUS S
go 1.4 mi
About 2 mins
total 46.3 mi
107
9. Turn left onto NC -107 WE Main St
go 3.0 mi
Continue to follow NC -107 S
total 49.3 mi
About 6 mins
4
10. Turn left onto Old Cullowhee Rd /Old North Carolina 107 /State Road 1002
go 3.2 mi
About 7 mins
total 52.4 mi
11. Turn left onto Wayehutta Rd
go 0.9 mi
About 2 mins
total 53.3 mi
12. Turn right onto Edgewater Rd
go 112 ft
total 53.4 mi
13. Take the 1st right onto State Rd 1731
go 187 ft
total 53.4 mi
14. Take the 1st left onto S Wayehutta Rd
go 0.5 mi
About 1 min
total 53.9 mi
IS
Wayehutta Rd
These directions are for planning purposes only. You may find that construction projects, traffic, weather, or other events may cause conditions to differ from the map results, and you
should plan your route accordingly. You must obey all signs or notices regarding your route.
`k CRC - Tax Parcel Map
-W 4K
This map is prepared for inventory of real property within Jackson County. It is compiled from recorded deeds, plats, and public data
records. Users of this map are hereby notified that the aforementioned public information sources should be consulted for verification.
Jackson County or any County representative assumes no legal responsibility for the contents of this map.
Printed:Mar 15, 2013
35° 18'41"
35° 1 T 48"
Soil Map — Jackson County, North Carolina
(CRC - Soil Map)
v Map Scale: 1:11,600 if printed on A size (8.5" x 11 ") sheet
0
N Meters
A 0 150 300 600 900 m
Feet
0 500 1,000 2,000 3,000
USA Natural Resources
Conservation Service
Web Soil Survey
National Cooperative Soil Survey
3/15/2013
Page 1 of 3
35° 18' 47'
35" 1 T 50"
MAP LEGEND
Area of Interest (AOI)
Area of Interest (AOI)
Soils
Soil Map Units
Special
Point Features
U
Blowout
®
Borrow Pit
X
Clay Spot
Closed Depression
X
Gravel Pit
Gravelly Spot
Landfill
/t
Lava Flow
4Lj,
Marsh or swamp
R
Mine or Quarry
O
Miscellaneous Water
p.
Perennial Water
V
Rock Outcrop
+
Saline Spot
Sandy Spot
Severely Eroded Spot
0
Sinkhole
y�
Slide or Slip
0
Sodic Spot
Spoil Area
Q
Stony Spot
Soil Map - Jackson County, North Carolina
(CRC - Soil Map)
4Z Very Stony Spot
i Wet Spot
Other
Special Line Features
Gully
!" y Short Steep Slope
Other
Political Features
0 Cities
Water Features
Streams and Canals
Transportation
H+ Rails
Interstate Highways
US Routes
Major Roads
rV Local Roads
MAP INFORMATION
Map Scale: 1:11,600 if printed on A size (8.5" X 11 ") sheet.
The soil surveys that comprise your AOI were mapped at 1:12,000
Please rely on the bar scale on each map sheet for accurate map
measurements.
Source of Map: Natural Resources Conservation Service
Web Soil Survey URL: http : / /websoilsurvey.nres.usda.gov
Coordinate System: UTM Zone 17N NAD83
This product is generated from the USDA -NRCS certified data as of
the version date(s) listed below.
Soil Survey Area: Jackson County, North Carolina
Survey Area Data: Version 8, Jul 6, 2012
Date(s) aerial images were photographed: 9/21/2006
The orthophoto or other base map on which the soil lines were
compiled and digitized probably differs from the background
imagery displayed on these maps. As a result, some minor shifting
of map unit boundaries may be evident.
USl).% Natural Resources Web Soil Survey 3/15/2013
41-m-
Conservation Service National Cooperative Soil Survey Page 2 of 3
Soil Map — Jackson County, North Carolina
Map Unit Legend
CRC - Soil Map
Jackson County, North Carolina (NC099)
Map Unit Symbol Map Unit Name Acres In AOI
Percent of AOI
BaA Biltmore sand, 0 to 3 percent slopes, frequently 19.7
flooded
11.8%
BkC2
Braddock Gay loam, 8 to 15 percent slopes,
eroded
8.8
5.3%
BrC
Braddock -Urban land complex, 2 to 15 percent
slopes,
5.3
3.2%
CrD
Cowee -Evard -Urban land complex, 15 to 30
percent slopes
0.0
0.0%
EvC
Evard - Cowee complex, 8 to 15 percent slopes
26.9
16.2%
EvD
Evard - Cowee complex, 15 to 30 percent 34.9
slopes
21.0%
EvE
Evard -Cowes complex, 30 to 50 percent 26.7
slopes
18.1%
EvF
Evard -Cowes complex, 50 to 95 percent 22.6
slopes
13.6%
SvB
--TT
Statler loam, 1 to 5 percent slopes, rarely 3.7
flooded
22%
TrF
gravelly loam, 50 to 95 percent slopes, 8.3
stony I
5.0%
5.5%
W
Water 9.1
Totals for Area of Interest
166.0
100.0%
t a),\ Natural Resources Web Soil Survey 3/15/2013
.WIFE Conservation Service National Cooperative Soil Survey Page 3 of 3
-;'
Cullowhee River Club AL
Alll i
Innrm Naan�ni
Map, Cities
+ Benchmarks
DFIRM Grid
- Rivers and Streams
.- -- Transects (Coastan
0 County Boundaries
Coastal Bamer Resource Systems
Roads
- INC Highway
SUS Highway
iiiiiiiiinins Interstate Highway
Political Areas
Extraterritorial Jurisdictions
_ Coastal Sounds
IDOW Flooding - F!oodway (AE) 3000 Fe et
_ 100yr Flooding - Has BFE's (AE)
%// 100yr Flooding - No BFE's (A)
100yr Flooding -Velocity Zone
- `44yr Flooding (Shaded X i
North Carolina
- -- Base Flood Elevation (Symbo l Floodplain Mapping Program
Crow Sedans
North Carolina Waterbodies Listed by County
Note: Waterbodies are listed in more than one county if they cross county lines.
Name of Stream Description
Curr. Class
Tuckasegee River From source to WS- III,B;Tr,ORW
(East Fork Lake) Tennessee Creek
(Tanasee Creek)
Tuckasegee River From West Fork WS- III,B;Tr
Tuckasegee River to a
point 0.6 mile
upstream of Western
Carolina University
Power Dam
Tuckasegee River From a point 0.6 mile WS- III,B;Tr,CA
upstream of Western
Carolina University
Power Dam to Western
Carolina University
Power Dam (Western
Carolina University
water supply intake)
Tuckasegee River From Western Carolina B;Tr
University Power Dam
to Savannah Creek
Tuckasegee River From Savannah Creek to C;Tr
Dillsboro Dam
Tuckasegee River From Dillsboro Dam to C
Mack Town Branch
Tuckasegee River From Mack Town Branch B
to Cochran Branch
Tuckasegee River From Tennessee Creek WS- III,B;Tr
(East Fork Lake, to West Fork
Bear Creek Lake, Tuckasegee River
Cedar Cliff Lake)
Panthertown Creek From source to
Tuckasegee River
Frolictown Creek From source to
Panthertown Creek
Goldspring Branch From source to
Frolictown Creek
Neddie Creek From source to Bear
Creek Lake, Tuckasegee
River
Flat Creek From source to Bear
Creek Lake, Tuckasegee
River
Date Basin
Records Found. 281
Search Parameters:
County: Jackson
Class: %
SpDes:
Name:
Index #: %
Stream Index #
02/01/93 Little 2- 79 -(0.5)
Tennessee
09/01/96 Little 2- 79 -(24)
Tennessee
09/01/96 Little 2- 79- (29.5)
Tennessee
09/01/96 Little 2- 79 -(30)
Tennessee
04/01/71 Little 2- 79- (35.5)
Tennessee
04/01/71 Little 2- 79 -(38)
Tennessee
09/01/96 Little 2- 79- (40.5)
Tennessee
08/03/92 Little 2- 79 -(5.5)
Tennessee
WS- III;ORW
02/01/93
Little
2 -79 -1
Tennessee
WS- III;ORW
02/01/93
Little
2- 79 -1 -1
Tennessee
WS- III;ORW
02/01/93
Little
2- 79 -1 -1 -1
Tennessee
WS -III
08/03/92
Little
2 -79 -10
Tennessee
WS- III;Tr,HQW 08/03/92 Little 2 -79 -11
Tennessee
Page 1 of 13 2010 -01 -30 07:18:36
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Total Acreage of Site : +/- 125 acres
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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): 08/21/2013
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borougb: Jackson City: Cullowhee
Center coordinates of site (lat/long in degree decimal format): Lat. 35.3036072907381' R Long. - 83.1665056316164 0 .
Universal Transverse Mercator:
Name of nearest waterbody: Tuckasegee River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Tuckasegee River
Name of watershed or Hydrologic Unit Code (HUC): 06010203
❑ 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: 8/21/2013
® Field Determination. Date(s): 3/8/2013
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There ,Are !jj "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the
review area [Required]
❑ Waters subject to the ebb and flow of the tide.
❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain:
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There �zj "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent watem2 (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 1378 linear feet: 3 width (R) and/or 0.095 acres.
Wetlands: 0.004 acres.
c. Limits (boundaries) of jurisdiction based on: k987 Delineation Menu
Elevation of established OHWM (if known):
2. Non - regulated waters/wetlands (check If applicable).3
❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
' Boxes chocked 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).
'Supporting documentation is presented in Section 111.17.
SECTION III: CWA ANALYSIS
A. TNWs AND WETLANDS ADJACENT TO TNWs
The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWL If the aquatic resource is a TNW, complete
Section OI.A.1 and Section HLD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IH.A.1 and 2
and Section ID.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 Rapaoos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW Is also jurisdictional. If the aquatic resource Is not a TNW, but has year -round
(perennial) flow, skip to Section HLD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section HI.DA.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding Is not required as a matter of law.
If the waterbody' is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for
the tributary, Section HI.3.2 for any onsite wetlands, and Section ULB.3 for all wetlands adjacent to that tributary, both onsite
and offslte. The determination whether a significant nexus exists is determined In Section HI.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(1) General Area Conditions:
Watershed size: Pick Lis
Drainage area: rPick Lis
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through ck Lis tributaries before entering TNW.
Project waters are Ock Lisi river miles from TNW.
Project waters are Ock List river miles from RPW.
Project waters are Pck List aerial (straight) miles from TNW.
Project waters are Pick Lisp aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs:
Tributary stream order, if lmown:
Note that the lastructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid
West
5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that applvl:
Tributary is: ❑ Natural
❑ Artificial (man - made). Explain:
❑ Manipulated (man - altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side slopes: Pick Lis
Primary tributary substrate composition (check all that apply):
❑ Silts ❑ Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover:
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffle/ of complexes. Explain:
Tributary geometry: ick
Tributary gradient (approximate average slope): %
(c) Flow:
Tributary provides for: ck Li
Estimate average number of flow events in review area/year: ck Lis
Describe flow regime:
Other information on duration and volume:
Surface flow is: ck Li Characteristics:
Subsurface flow: ck Lis . Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM' (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
❑ changes in the character of soil
❑
❑ shelving
❑
❑ vegetation matted down, bent, or absent
❑
❑ leaf litter disturbed or washed away
❑
❑ sediment deposition
❑
❑ water staining
❑
❑ other (list):
❑ Discontinuous OHWM.7 Explain:
If factors other than the OHWM were used to determ
❑ High Tide Line indicated by: ❑
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings /characteristics
❑ tidal gauges
❑ other (list):
the presence of litter and debris
destruction of terrestrial vegetation
the presence of wrack line
sediment sorting
scour
multiple observed or predicted flow events
abrupt change in plant community
ine 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.
(W) Chemical Characteristics:
Characterize tributary (e.g., water color is clear, discolored, oily film, water quality; general watershed characteristics, etc.).
Explain:
Identify specific pollutants, if known:
°A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
7Ibid.
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ 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
(1) 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: ck Li . Explain:
Surface flow is: ck
Characteristics:
Subsurface flow: ck Lis . Explain findings:
❑ Dye (or other) test performed:
(c) Wetland Adiacencv 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 X4ck LW river miles from TNW.
Project waters are Ock_Lls aerial (straight) miles from TNW.
Flow is from: ck Lis
Estimate approximate location of wetland as within the ck L floodplain.
(ii) Chemical Characteristics:
Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed
characteristics; etc.). Explain:
Identify specific pollutants, if ]mown:
(iii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation typelpercent 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 wedand(s) being considered in the cumulative analysis: Pick Lis
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? OM Size (in acres) Directly abuts? OM Size (m acresl
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary Itself and the functions performed
by any wetlands adjacent to the tributary to determine If they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists If the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself; then go to Section M.D:
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section HIM:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
TNWs: linear feet width (ft), Or, acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly Into TNWs.
Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial: visible flow, OHWM, and macrobenthos observed in the field.
® 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:
Provide estimates for jurisdictional waters in the review area (check all that apply):
® Tributary waters: 1378 linear feet 3 width (ft).
® Other non - wetland waters: acres.
Identify type(s) of waters:
3. Non -RPWss that flow directly or indirectly into TNW&
❑ 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.
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: Obvious hydrologic connection observed in the field.
❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is
seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: 0.004acres.
5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly Into TNWs.
❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent
and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section III.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section M.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters s
As a general Wile, 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 UNTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE,
DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMAIERCE, INCLUDING ANY
SUCH WATERS (CHECK ALL THAT APPLY) :to
❑ 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:
aSee Footnote # 3.
9 To complete the analysis refer to the key in Section IRD.6 of the Instructional Guidebook.
'a Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described In the Corps/EPA Memorandum Regarding CWA Ad Jwiedicdon Following Ropaaoa.
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
® Wetlands: acres.
F. NON4URISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (mm).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
❑J Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the ogle potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet width (ft).
lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
[� Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply -chocked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Sylva South.
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
StateA ocal wetland inventory map(s):
FEMA/FIRM maps:
❑ 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):
or ® Other (Name & Date):
Previous determination(s). File no. and date of response letter:
ApplicableAupporting case law:
Applicabletsupporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
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): 08/21/2013
B. DISTRICT OFFICE, FH.E NAME, AND NUMBER:
C. PROJECT LOCATION AND BACKGROUND INFORMATION:
State: NC County/parish/borough: Jackson City: Cullowhee
Center coordinates of site Oat/long in degree decimal format): Lat. 35.30360729073810 11 Long. - 83.1665056316164° �.
Universal Transverse Mercator.
Name of nearest waterbody: Tuckasegee River
Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Tuckasegee River
Name of watershed or Hydrologic Unit Code (HUC): 06010203
® 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: 8/21/2013
Field Determination. Date(s): 3/8/2013
SECTION H: SUMMARY OF FINDINGS
A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There i a n� "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 J "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required]
1. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply) :'
TNWs, including territorial seas
Wetlands adjacent to TNWs
Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs
Non -RPWs that flow directly or indirectly into TNWs
Wetlands directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs
Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs
Impoundments of jurisdictional waters
Isolated (interstate or intrastate) waters, including isolated wetlands
b. Identify (estimate) size of waters of the U.S. in the review area:
Non - wetland waters: 7305 linear feet: 120 width (ft) and/or 20.12 acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: 987 Delineation Mann
Elevation of established OHWM (if known):
2. Non - regulated waters/wetlands (check if applicable):3
[] Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional.
Explain:
Boxes checked below shall be supported by completing the appropriate sections in Section ID 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 HLF.
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 HI.A.1 and 2
and Section HIMA.; otherwise, see Section IIIM below.
1. TNW
Identify TNW: Tuckasegee River.
Summarize rationale supporting determination: Property boundary follows centerline of Tuckasegee River.
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 (ilF 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 Ropmos have been met.
The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent
waters" (RPWs), i.e. tributaries that typically flow year -round or have continuous flow at least seasonally (e.g., typically 3
months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year -round
(perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
sldp 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 tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for
the tributary, Section HLB.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite
and offsite. The determination whether a significant nexus exists is determined in Section I I.0 below.
1. Characteristics of non -TNWs that flow directly or indirectly into TNW
(I) General Area Conditions:
Watershed size: ck Lis
Drainage area: Pick Lis
Average annual rainfall: inches
Average annual snowfall: inches
(ii) Physical Characteristics:
(a) Relationship with TNW:
❑ Tributary flows directly into TNW.
❑ Tributary flows through ck Lis tributaries before entering TNW.
Project waters are ck Lis river miles from TNW.
Project waters are F4ck Lisl river miles from RPW.
Project waters are rek Lis aerial (straight) miles from TNW.
Project waters are ck Li aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain:
Identify flow route to TNWs:
Tributary stream order, if known:
Note that the lastructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and
West.
s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW.
(b) General Tributary Characteristics (check all that @NW:
Tributary is: ❑ Natural
❑ Artificial (man - made). Explain:
❑ Manipulated (man - altered). Explain:
Tributary properties with respect to top of bank (estimate):
Average width: feet
Average depth: feet
Average side sloves:.Pick Li
Primary tributary substrate co osition (check all that apply):
❑ Silts 3 Sands ❑ Concrete
❑ Cobbles ❑ Gravel ❑ Muck
❑ Bedrock ❑ Vegetation. Type/% cover.
❑ Other. Explain:
Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain:
Presence of run/riffie/ ool complexes. Explain:
Tributary geometry: Pick Us
Tributary gradient (approximate average slope): %
(c) Flow-
Tributary provides for: ck Lis
Estimate average number of flow events in review area/year. ck Lis
Describe flow regime:
Other information on duration and volume:
Surface flow is: ck Lis Characteristics:
Subsurface flow: ck Lis . Explain findings:
❑ Dye (or other) test performed:
Tributary has (check all that apply):
❑ Bed and banks
❑ OHWM6 (check all indicators that apply):
❑ clear, natural line impressed on the bank
❑
the presence of litter and debris
❑ changes in the character of soil
❑
destruction of terrestrial vegetation
❑ shelving
❑
the presence of wrack line
❑ vegetation matted down, bent, or 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.1 Explain:
If factors other than the OHWM were used to determ
❑ High Tide Line indicated by: ❑
❑ oil or scum line along shore objects
❑ fine shell or debris deposits (foreshore)
❑ physical markings/characteristics
❑ tidal gauges
❑ other (list):
(iii) Chemical Characteristics:
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.
Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics , etc.).
Explain:
Identify specific pollutants, if known:
6A natural or man -made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where
the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow
regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break.
'lbid.
(iv) Biological Characteristics. Channel supports (check all that apply):
❑ Riparian corridor. Characteristics (type, average width):
❑ Wetland fringe. Characteristics:
❑ Habitat for:
❑ Federally Listed species. Explain findings:
❑ 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
(1) 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 Lis . Explain:
Surface flow is: ck Lis
Characteristics:
Subsurface flow: ck Lis . 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 benn/barrier. Explain:
(d) Proximity (Relationship) to TNW
Project wetlan:are a�Lls ck Lls river miles from TNW.
Project waters k Lis aerial (straight) miles from TNW.
Flow is from:
Estimate approximate location of wetland as within the ck Lis floodplain.
(11) 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:
(ii) Biological Characteristics. Wetland supports (check all that apply):
❑ Riparian buffer. Characteristics (type, average width):
❑ Vegetation typetpercent 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: ck Lis
Approximately ( ) acres in total are being considered in the cumulative analysis.
For each wetland, specify the following:
Directly abuts? OM Size (in acres) Directly abuts? ffM Size (in acres)
Summarize overall biological, chemical and physical functions being performed:
C. SIGNIFICANT NEXUS DETERMINATION
A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed
by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity
of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent
wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW.
Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow
of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent
wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a
tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or
outside of a floodplain is not solely determinative of significant nexus.
Draw connections between the features documented and the effects on the TNW, as identified In the Rapanos Guidance and
discussed in the Instructional Guidebook. Factors to consider include, for example:
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to
TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and
other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW?
• Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that
support downstream foodwebs?
• Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or
biological integrity of the TNW?
Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented
below:
1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself; then go to Section M.D:
2. Significant nexus findings for non -RPW and its adjacent wetlands, where the non -RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section M.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:
InTNWs: 7305 linear feet 120 width (ft), Or, 20.12 acres.
Wetlands adjacent to TNWs: acres.
RPWs that flow directly or indirectly into TNWs.
Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that
tributary is perennial:
® 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 M.B. Provide rationale indicating that tributary flows
seasonally:
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
❑ Other non - wetland waters: acres.
Identify type(s) of waters:
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:
Wetlands directly abutting an RPW that flow directly or indirectly into TNWL
❑ 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 11I.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 M.B and rationale in Section M.D.2, above. Provide rationale indicating that wetland is directly
abutting an RPW:
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
S. 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 M.C.
Provide acreage estimates for jurisdictional wetlands in the review area: acres.
6. Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs.
Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section III.C.
Provide estimates for jurisdictional wetlands in the review area: acres.
7. Impoundments of jurisdictional waters v
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):10
❑ 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:
'See Footnote # 3.
9 To complete the analysis refer to the key in Section IILD.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 Memorandwn Regarding CWA Ad lwrladicdon FoUowlsg Rapanos.
Provide estimates for jurisdictional waters in the review area (check all that apply):
❑ Tributary waters: linear feet width (ft).
Other non - wetland waters: acres.
Identify type(s) of waters:
❑ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers
Wetland Delineation Manual and/or appropriate Regional Supplements.
® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce.
❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the
"Migratory Bird Rule" (MBR).
❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain:
® Other: (explain, if not covered above):
Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR
factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional
udgment (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet width (ft).
Lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such
a finding is required for jurisdiction (check all that apply):
Non - wetland waters (i.e., rivers, streams): linear feet, width (ft).
Lakes/ponds: acres.
Other non - wetland waters: acres. List type of aquatic resource:
Wetlands: acres.
SECTION IV: DATA SOURCES.
A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked
and requested, appropriately reference sources below):
® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant:
® Data sheets prepared/submitted by or on behalf of the applicant/consultant.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report.
®Data sheets prepared by the Corps:
Corps navigable waters' study:
❑ U.S. Geological Survey Hydrologic Atlas:
❑ USGS NHD data
❑ USGS 8 and 12 digit HUC maps.
® U.S. Geological Survey map(s). Cite scale & quad name: Sylva South.
USDA Natural Resources Conservation Service Soil Survey. Citation:
National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
FEMA/FIRM maps:
100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ® Aerial (Name & Date):
or ® Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter.
Applicable/supporting case law:
Applicable/supporting scientific literature:
Other information (please specify):
B. ADDITIONAL COMMENTS TO SUPPORT JD:
WETLAND DETERMINATION DATA FORM — Eastern Mountains and Piedmont
Project/Site: Cullowhee River Club City /County: Jackson County
Applicant/Owner. Tim Newell
State: NC
Investigator(s): J. Robertson, J. McSwain Section, Township, Range:
Landform (hilislope, terrace, etc.): Hillslope Local relief (concave, convex, none): convave
Subregion (LRR or MLRA): Let: 35.304971 Long: - 83.165416
Soil Map Unit Name: Udorthents -Urban land complex, 2 to 50 percent slopes NWI classification:
Are climatic / hydrologic conditions on the site typical for this time of year? Yes X No (if no, explain in Remarks.)
Are Vegetation , Soil or Hydrology significantly disturbed? Are "Normal Circumstances' present? Yes X No
Are Vegetation , Soil , or Hydrology naturally problematic? (If needed, explain any answers in Remarks.)
SUMMARY OF FINDINGS — Attach site map showing sampling point locations, transacts, Important features, etc.
Sampling Date: 318/2013
Sampling Point: W 3000 / W 6000
Slope ( %): 0- 2%
Datum:
Hydrophytic Vegetation Present? Yes X No Is the Sampled Area
Hydric Soil Present? Yes x No within a Wetland? Yes X No
Wetland Hydrology Present? Yes x No
Remarks:
Small groundwater seeps. (linear wetland "3000" and linear wetland "6000 ")
HYDROLOGY
Surface Water (Al)
High Water Table (A2)
Saturation (A3)
Water Marks (81)
Sediment Deposits (132)
Drift Deposits (133)
Q Algal Mat or Crust (134)
Q Iron Deposits (85)
Q Inundation Visible on Aerial Imagery (137)
Q Water - Stained Leaves (139)
Aquatic Fauna (1313)
Marl Deposits (1315) (LRR U)
Hydrogen Sulfide Odor (Cl)
Oxidized Rhizospheres along Living Roots (C3)
Presence of Reduced Iron (C4)
Recent Iron Reduction in Tilled Soils (C6)
Thin Muck Surface (C7)
Other (Explain in Remarks)
Q Surface Soil Cracks (136)
Sparsely Vegetated Concave Surface (138)
Drainage Patterns (1310)
Moss Trim Lines (816)
Dry- Season Water Table (C2)
Crayfish Burrows (C8)
Q Saturation Visible on Aerial Imagery (C9)
Q Geomorphic Position (132)
Q Shallow Aquitard (D3)
Q Microtopogrephic Relief (D4)
Q FAC- Neutral Test (D5)
Surface Water Present? Yes X No Depth (Inches): 0 - 2
Water Table Present? Yes x No Depth (inches):
Saturation Present? Yes x No Depth (inches): 0 - 6* Wetland Hydrology Present? Yes X No
Describe
gauge,
previous
US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version
VEGETATION (Four Strata) - Use scientific names of plants.
Tree Stratum (Plot size: )
1.
2.
3.
4.
5.
6.
7.
8.
Sampling Point:
Absolute Dominant Indicator Dominance Test worksheet:
° Cover Suedes? Status Number of Dominant Species
That Are OBL, FACW, or FAC:
= Total Cover
50% of total cover. 20% of total cover.
Sapling /Shrub Stratum (Plot size: )
1 Anus serrulata OBL
2. Rhododendron catmWenm FACU
3. Ugustrum sinense FACU
4.
5.
6.
7.
8.
= Total Cover
50% of total cover. 20% of total cover.
Herb Stratum (Plot size:
1. Carex spp.
2. Leucothoe fontanesiana
3.
4.
5.
6.
7.
8.
9.
10.
11.
FACW
FACW
12.
= Total Cover
50% of total cover. 20% of total cover.
Woody Vine Stratum (Plot size: )
1.
2.
3.
4.
5.
observed, list
= Total Cover
50% of total cover. 20% of total cover
below).
Total Number of Dominant
Species Across All Strata:
Percent of Dominant Species
That Are OBL, FACW, or FAC:
(A)
(B)
(A/B)
Total % Cover of:
Multioly by:
OBL species
x 1 =
FACW species
x2=
FAC species
x3=
FACU species
x4=
UPL species
x 5 =
Column Totals:
(A) (B)
Prevalence Index = B/A =
Hydrophytic Vegetation Indicators:
1 - Rapid Test for Hydrophytic Vegetation
g 2 - Dominance Test Is >50%
Q 3 - Prevalence Index is 53.0'
a Problematic Hydrophytic Vegetation' (Explain)
'Indicators of hydric soil and wetland hydrology must
be present, unless disturbed or problematic.
Tree - Woody plants, excluding vines, 3 In. (7.6 cm) or
more in diameter at breast height (DBH), regardless of
height
Sapling/Shrub - Woody plants, excluding vines, less
than 3 in. DBH and greater than 3.28 ft (1 m) tall.
IHerb - All herbaceous (non - woody) plants, regardless
of size, and woody plants less than 3.28 ft tall.
Woody vine - All woody vines greater than 3.28 ft in
height.
Hydrophytic
Vegetation
Present? Yes x No
US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version
SOIL
or
Sampling Point:
Depth Matrix Redox Features
(inches) Color (moist) % Color (moist) Type, Loci Texture Remarks
'Type: C= Conoentretion, D= Depletion, RM= Reduced Matrix, MS= Masked Sand Grains. `Location: PL =Pore Lining M= Matrix.
Hydric Sall Indicators: (Applicable to all LRRs, unless otherwise noted.) Indicators for Problematic Hydric Soil93:
Histosol (A1)
Histic Epipedon (A2)
Black Histic (A3)
Hydrogen Sulfide (A4)
Stratified Layers (A5)
Organic Bodies (A6) (LRR P, T, U)
5 cm Mucky Mineral (A7) (LRR P, T, U)
Muck Presence (A8) (LRR U)
1 cm Muck (A9) (LRR P, T)
Depleted Below Dark Surface (Al 1)
Thick Dark Surface (Al2)
Coast Prairie Redox (A16) (MLRA 150A)
Sandy Mucky Mineral (S1) (LRR O, S)
Sandy Gleyed Matrix (S4)
Sandy Redox (S5)
Stripped Matrix (S6)
Dark Surface (S7) (LRR P, S, T, U)
Type:
Depth (inches):
Polyvalue Below Surface (S8) (LRR S, T, U) jj 1 cm Muck (A9) (LRR O)
Thin Dark Surface (S9) (LRR S, T, U)
2 cm Muck (A10) (LRR S)
Loamy Mucky Mineral (F1) (LRR O)
Reduced Vertic (F18) (outside MLRA 150A,B)
Loamy Gleyed Matrix (F2)
Piedmont Floodplain Soils (F19) (LRR P, S, T)
Depleted Matrix (F3)
_
Anomalous Bright Loamy Soils (F20)
Redox Dark Surface (F6)
❑
(MLRA 1538)
Depleted Dark Surface (F7)
Red Parent Material (TF2)
Redox Depressions (FS)
Very Shallow Dark Surface (TF12)
Marl (F10) (LRR U)
D
Other (Explain in Remarks)
Depleted Ochric (F11) (MLRA 151)
Iron - Manganese Masses (F12) (LRR O, P, T)
3Indicators of hydrophytic vegetation and
Umbric Surface (F13) (LRR P, T, U)
wetland hydrology must be present,
Delta Ochric (F17) (MLRA 151)
unless disturbed or problematic.
Reduced Vertic (F18) (MLRA 150A,1506)
Piedmont Floodplain Soils (F19) (MLRA 149A)
Anomalous Bright Loamy Soils (F20) (MLRA 149A,153C,1530)
Hydric Soil Present? Yes X No
US Army Corps of Engineers Eastern Mountains and Piedmont - Interim Version
NC DWO Stream Identification Form Version 4.11
Date: w C) 3
Project/Ske: of O
Latitude: W- 3p3(Op')
Evaluator: �'R� /5s�,
County: �'Cx j;
Longitude: 'Sq.. lf*(605
Total Points: ^�.-
Steam Is at least intermittent Ot�
Stream Determination KPemDnn1ea) on
Ephemeral Intermitten
Other cS', ( Val
e.g. Quad Na me: U
if a 19 or perennial K2 3ir
2. Sinuosity of channel along thatweg
So
A. Geomorphology Subtotal =
Absent
Weak
Moderate
Strong
1° Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thatweg
0
1
0.5
3
3. In- channel structure: ex. riffle -pool, step -pool,
ripple-pool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
S. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
2
3
3
7. Recent alluvial deposits
0
1
8. Headc uts
0
1
423
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
C No = 0
Yes = 3
. artificial ditches are not rated; see discussions in manual
B. Hydroloav (Subtotal = q )
12. Presence of Baseflow
0
1
2
3
13. Iron o)idizing bacteria
0
1
3
14. Leaf litter
1.5
20. Macrobenthos (note diversity and abundance)
0.5
0
15. Sediment on plants or debris
0
3
1
1.5
16. Organic debris lines or piles
0
C 0.
1
1.5
17. Soil -based evidence of high water table?
No = 0
es = 3
C. Bioloav (Subtotal = 1... A5 )
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
-07-
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
CQ
0.5
1
1 1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.
1.5
26. Wetland plants in streambed
FACW = 0.75; ABL
= 1.5 Other = 0
*perennial streams may also be Identified using other methods. See p. 35 of manual.
Notes:
Sketch:
VT +o To c�C -pis
�
j�,v�r
NC' nWan Stre9m identification Form Version 4.11
Date: 3 w. O _ Q
Project/Site: C��to,a
06
Latitude: 3s. 303 �vo�i
Evaluator:
County: ;jkCjfrOh
Longiitade: $7. HAAS j
Total Points:
Stream 1a at least intermittent �%
��• +
Stream Determination (ci a
Ephemeral Intermittent rennial
Other J t ✓A
e.g. Quad Nan ! S�p�
Nt 19 or erennialIfa 30•
3
2. Sinuosity of channel along thalwag
A. Geomorphology Subtotal =
0
Absent
Weak
Moderate
Str ng
18. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalwag
0
1
2
15. Sediment on plants or debris
3. In- channel structure: ex. riffle -pool, step -pool,
ri le- ool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active /relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
1
8. Headcuts
0
1
2
CTL
9. Grade control
0
0.5
1
1
10. Natural valley
0
0.5
1
2
11. Second or greater order channel
No = 0
(Yes= 3
artificial ditches are not rated; see discussions In manual --ftw-'W,
B. Hvdroloav (Subtotal = t i 1
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
20. Macrobenthos (note diversity and abundance )
15. Sediment on plants or debris
0
0.5
1
2
16. Organic debris lines or piles
0
1 0.5
1
.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Bioloov (Subtotal = 12. q5 )
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance )
0
1
2
21. Aquatic Mollusks
0
1
2
22. Fish
0
0.5
1
23. Crayfish
0
0.5
1
24. Amphibians
0
0.5
1
25. Algae
0
0.5
1
2
26. Wetland plants in streambed
EfgE=
0.75;
BL =1.5 Other = 0
*perennial streams may also be Identified using other methods.
Seep. 35 of manual.
Notes:
Sketch: f V� az �vew-
Representative Photographs
Channel "100"
Channel "200"
Channel "300"
" �yt•f .,fir i �.��'� �, b i •1'`:`. ��' �;
Or
.,L" ; 9r,
A -Omwr 4 f y e.
h r dam'` a% ,� /. - ;���• ca '
Channel "500"
Channel "600"
NC Department of Environment and Natural Resources
Natural Heritage Program - NHP Map Viewer
Natural Heritage Program Map Viewer
(Data last updated on January 2, 2012)
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1200 Canterbury Road, Nantahala National Forest, Cullowhee, 1
35.3056464035909 I- 83.1661312104327
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OR
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(decimal degrees)
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Natural Heritage Program Data
2 Mile Radius of 35.305646, - 83.166131
Elemental Occurances
TAXO_GROUP
SCI NAME
COM NAME
EO STATUS
ACCURACY
STATE_STAT
FED STAT
S RANK
G_RANK
count()
Amphibian
Cryptobranchus
alleganiensis
Hellbender
Current
3 - Medium
SC
FSC
S3
G3G4
1
Crustacean
Cambarus georgiae
Little Tennessee
Crayfish
Current
5 - Very Low
SC
S2S3
G2
1
Crustacean
Cambarus reburrus
French Broad River
Crayfish
Current
3 - Medium
SR
FSC
S3
G3
3
Freshwater Bivalve
Alasmidonta raveneliana
Appalachian Elktoe
Current
3 - Medium
E
E
S1
G1
1
Freshwater Bivalve
Lampsilis fasciola
Wavy -rayed
Lampmussel
Current
3 - Medium
SC
Si
IGS
1
Freshwater Bivalve
Villosa iris
Rainbow
Historical
3 - Medium
SC
Si
JG5CI
1
Freshwater Fish
Clinostomus sp.1
Smoky Dace
Current
3 - Medium
SC
FSC
S3
G3Q
1
Freshwater Fish
Etheostoma vulneratum
Wounded Darter
Current
3 - Medium
SC
FSC
S1
G3
2
Freshwater Fish
Moxostoma sp. 2
Sickiefin Redhorse
Current
3 - Medium
T
C
S1
G2Q
11
Mammal
Myotis leibii
Eastern Small- footed
Myotis
Current
3 - Medium
SC
FSC
S2
GiG3
1
Mammal
Myotis leibii
Eastern Small- footed
Myotis
Current
5 - Very Low
SC
FSC
S2
IGIG3
1
Moss
Cirriphyilum piliferum
Long Leaf Mustache
Current
3 - Medium
SR -P
S1
G5
1
Natural Community
Montane Alluvial Forest
(Large River Subtype)
Current
3 - Medium
S1
G2?
1
Natural Community
Montane Oak — Hickory
Forest (Basic Subtype)
Current
6 - Unknown
S3
G3
1
Natural Community
Rich Cove Forest (Montane
Rich Subtype)
Current
3 - Medium
S3
G3G4
2
Reptile
Eumeces anthracinus
Coal Skink
Historical
2 - High
SR
S2S3
G5
1
Vascular Plant
Corallorhiza wisteriana
Spring Coral -root
Historical
2 - High
SR -O
S1S2 IGS
1
Vascular Plant
Corallorhiza wisteriana
Spring Coral -root
Historical
3 - Medium
SR -O
S1S2
GS
1
Vascular Plant
Echinacea purpurea
Purple Coneflower
Historical
3 - Medium
SC -V
S1
G4
1
Vascular Plant
Geum lobatum
Lobed Barren-
Historical
3 - Medium
E
FSC
S1
G2G3
1
Vascular Plant I
Hexalectris spicata i
Crested Coralroot lHistorical
13
- Medium
SR -P I
IS2
G5
1
Vascular Plant
Hydrastis canadensis
Goldensea)
Current
3 - Medium
SR-0
S3
G4
1
Vascular Plant
Jeffersonia diphylla
Twinleaf
Current
3 -Medium
T
S1
G5
1
Vascular Plant
Lysimachia fraseri
Fraser's Loosestrife
Historical
3 - Medium
E
FSC
S3
G3
1
Vascular Plant
Lysimachia fraseri
Fraser's Loosestrife
Historical
4 - Low
E
FSC
S3
G3
1
Vascular Plant
Scutellaria nervosa
Veined Skullcap
Historical
14 - Low
I E I
IS1
IGS
1
Vascular Plant
Thaspium pinnatifidum
Mountain Thaspium
Historical
13 - Medium
T
FSC
S1
G2G3
1
Vascular Plant
Thaspium pinnatifidum
Mountain Thaspium
Historical
15 - Very Low
IT I
FSC
IS1
jG2G3
1
Natural Heritage Areas
SITE NAME
ACRES
OWNER
R_RATING
C RATING
Tuckasegee River
Aquatic Habitat
768.5
PW
R1
C2
Tuckasegee River
Hornblende Ravine
8.18
PRV
R4
C5
Cullowhee Mafic
Slope
6.53
PRV
R2
CS
East Laport River
Islands
3.28
PRV
R3
CS
East Laport River
Islands 10.37
IPRV
IR3
ICS
on the TUCKASEGEE
T-
T- I
T-1
%Z'. 300 CO;;R NTINAL- 7 Fr
kp
SECTION- W ROAD
O
z
e----------
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