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Home My WebLink About20201865 Ver 1_ePCN_Memo_&_Supporting_Documentation_20230106WILDLANDS ENGINEERING MEMORANDUM TO: 401/404 Permit Reviewer FROM: Ian Eckardt, Wildlands Engineering DATE: December 19, 2022 RE: Pre -Construction Notification - Supporting Documentation CORBREAD VALLEY MITIGATION SITE Macon County, NC USACE Action ID No. SAW-2020-02051 NC DWR Project No. 2020-1865 On behalf of the North Carolina Department of Mitigation Services (NCDMS), Wildlands Engineering, Inc. (Wildlands) is submitting a Pre -Construction Notification (PCN) for the Cornbread Mitigation Site (SAW- 2020-02051) in Macon County approximately six miles southwest of Franklin, NC in the Upper Little Tennessee River Basin (HUC 06010202). The project seeks a Nationwide Permit (NWP) 27 and Water Quality Certification 4134 for stream restoration, stream enhancement, wetland re-establishment, wetland rehabilitation, wetland enhancement, and wetland creation along Jones Creek and multiple unnamed tributaries. The project proposes to generate stream and wetland mitigation credits for the NCDMS. Existing project resources have been altered by historic agricultural practices resulting in impaired stream and wetland conditions. Streams exhibit channelization, incision, erosion, aggradation, and limited ecological function. Floodplain riparian wetlands proposed for re-establishment and rehabilitation are impaired by historic ditching, cattle grazing, stream incision, and the use of underground field drains. The project proposes to restore and enhance 8,298 linear feet of cold -water streams as well as 2 acres of wetland re-establishment, rehabilitation, enhancement, and creation. Stream restoration and enhancement II will be achieved through natural channel design including Priority 1 and Priority 2 approaches. Priority 1 restoration will involve the excavation of new channels within the existing floodplain and Priority 2 sections of channel will be constructed where needed to transition grade from existing to proposed elevations. Both approaches will include the installation of in -stream structures including boulder clusters, brush toes, brush pack, constructed riffles, cover logs, logj-hooks, angled log drops, logs sills, log vanes, rock drops, and rocks sills. Enhancement II will involve fencing out cattle, buffer planting, bank grading/benching, and limited in -streams structures. Wetland mitigation approaches include 0.566 acres of re-establishment, 0.629 acres of rehabilitation, 0.206 acres of enhancement, and 0.693 acres of wetland creation. Wetland uplift will involve restoring stream and floodplain connectivity, floodplain grading, filling existing ditches, fencing out cattle, and removing/treating invasive plants. A best management practice (BMP) is proposed above UT313 to slow and filter runoff from upland livestock trails. The restored stream and wetland complex will be planted with appropriate native riparian vegetation and protected by an 18-acre recorded conservation easement. Supporting Documentation Table of Contents 1 North Carolina Division of Water Resources Pre -Filing Meeting Request................................3 2 Figures....................................................................................................................................... 5 2 Landower Authorization Forms............................................................................................... 15 3 Categorical Exclusion Checklist............................................................................................... 18 4 Preliminary Jurisdiction Determination Documentation........................................................23 Please do not hesitate to contact me at 704-332-7754 or at ieckardt@wildlandseng.com should you have any questions. Sincerely, Ian Eckardt Senior Environmental Scientist, PWS Cornbread Valley Mitigation Site NC Division of Water Resources Pre -Filing Meeting Request From: lase rfiche(ancdenr.gov To: Jordan Hessler Subject: Pre -Filing Meeting Request Submittal for Cornbread Valley Mitigation Site Date: Monday, November 30, 2020 5:04:49 PM Attachments: DWR Pre -Filing Meetina Request Form.odf The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request Form for Cornbread Valley Mitigation Site that you submitted on 11/30/2020. Attached is a copy of your initial request. This email was automatically generated by Laserfiche workflow. Please do not respond to this email address, as responses aren't monitored. Cornbread Valley Mitigation Site Figures (Vicinity, USGS, Site, Soils, & Impacts) Hydrologic Unit Code (14-Digit) 0 Project Parcels ' c 060;10202040( Q$r n - � : �,It Cour• tin CIO. + �ny•Rd G�` � � ��r f CL PIM f) Rd G;cs$r a! Crack °3rtfi��utp�y-Fid �°sae Branch � J qC as "o v e c r aex 4;ht. 0601020�2020030 �btv G w r ch C1oeF Grannf Green t40Uy7taf17 �y fivvattOl S Crk fi i11±• r�! a '4 �•� as S oil C j1N ,� a c ...: , 44' ono �•�,�. h 1 f 060�,1 02002650010 / 4 ' ,r N r H.; rie_ n / F ark. 5 k 1 rf �' r ri r f a�� 9OJ Pariah Crtai� .,�=.. ` ar R / Z 06010202020020 ":\\ 4 '::,•F kenh � W6.m*WILDLANDS 0 1 2Miles ENGINEERING I I I c a.wo� Slre�nah rat 'o ry U L f?a010p�+tr fi Of 06W 020202001 Figure 1 Vicinity Map Cornbread Valley Mitigation Site Little Tennessee River Basin (06010202) Macon County, NC mt zroc cn r ! r fT 1I V ;pe Project Parcels 'Ldp✓�orul Gh i .Y �•,••''• ✓ {/ J Limits of Disturbance 1 � f._'--_ III` e ` � h. -" i i - - ��i�'• Site Coordinates C Ce. l' , Dobson Mtn s I um Cljapel ~\_ �OfCno6.3j `K_ Pieacan2 Cin! P, Site Coordinates: 35.1036224 N /-83.4535805 1? 1 g IT `X�Z, Chft n htnne Y Kr,r..b 1 Chimney Knob y „� w arc 1,6 P;ne Mtn.. Skeenah Gap ' cfl��ca , Gap s Prentiss, NC USGS 7.5 Minute Topographic Quadrangle I . L . . -, _,, ,, " -1 AN W I L D L A N D S 0 2,000 4,000 Feet ENGINEERING i I I I i man ;er5 1 T Figure 2 USGS Topo Map Cornbread Valley Mitigation Site Little Tennessee River Basin (06010202) Macon County, NC Project Parcels Limits of Disturbance Potential WetlandWaters IIntermittent Streams AMR Perennial Streams 17W Non Project Streams Weil nd^Y ARM andR Wetland I lWI Wetland Figure 3 Site Map W I L D L A N D S 0 300 600 Feet Cornbread Valley Mitigation Site Little Tennessee River Basin (06010202) Macon County, NC .J r• Wetland J - _ Ev4 '•+ WetlandR //� I Wetland) Wetland E and L Wetland H WetlandK Wetland D Wetland C — w tm�dr y�.:.s�; fill B NkA SbC .�' .. `.' Sc� WetlandX w - WetlandW Wetland Z Wetland BB TrE + . `�' �• ice- � DgB EvE ° c6 DgB IiI�l��Gidt Wetland DD t*y�ypt`� IN- QProject Parcels Limits of Disturbance "' ® Potential Wetland Waters Soils Dg13- Dellwood gravellyfine sandy loam, 0 to 5 percent slopes, freq uently flooded EvC - Evard-Cowee complex, 8 to 15 percent slopes OEvD -Evard-Cowee complex, 15 to 30 percent slopes Wetland U EvE - Evard-Cowee complex, 30 to 50 percent slopes NkA - Nikwasi fi ne sandy loam, O to 2 percent slopes, frequently flooded - SbC - Saunook gravelly loam, 8 to 15 percent slopes, stony lQi �SbD- Saunookgravelly loam, 15 to 30 percent slopes, stony � Sc13 - Saunook loam, 2 to 8 percent slopes ,47rT ScC - Saunook loam, 8 to 15 percent slopes ' TrE - Trimont gravelly loam, 30 to 50 percent slopes, stony Perennial Project Stream - ••••— Intermittent Project Stream R: Non -Project Stream W I L D L A N D S 0 300 600 Feet ENGINEERING 1 1 1 1 1 Figure 4.0 Soils Map Cornbread Valley Mitigation Site Little Tennessee River Basin (06010202) Macon County, NC Figure 5.0 Aquatic Resource Impact Map (Overview) W 1 L D L A N D S 0 300 600 Feet Cornbread Valley Mitigation Site \�� E N 01 N E E R I N G 1 1 1 1 1 t Little Tennessee River Basin (06010202) Macon County, NC Figure 5.1 Aquatic Resource Impact Map W I L D LAN D S 0 100 200 Feet Cornbread Valley Mitigation Site E N 01 N E E R I N G I i i Little Tennessee River Basin (03050101) Macon County, NC t3 Project Parcels Limits of Disturbance Poterldal Welland Waters Welland Impact - Permanent Welland Impact - Temporary Perennial Project Stream Intermittent Project Stream Stream Impact - Temporary Stream Impact - Permanent Stream Impact - Permanent (Culvert) N -Project Streams on :,.. ,ayF W22: Stream Restoration 513: Relo ion 517: Bank Grading ` W20: Stream Restoration W21 Bank Grading 1 S28: Fill W9: FI plain Gretling Construction Access W6: Stream •` rRestoration W7: Floodplain Grading ll'C3 / s •,� ,W8, Stream Restoration. W79: Stream Restoration 75. ulvert � ,/ W78: WeOand 1 Floodplain ,SY3: Relocation WaIf:WJV radinq W26: Floodplain Grading ' W5: Floodplain Grading4 Sib[ Culver) � _ �/ W70: Foodplain Grading- { W2A: Stream Restoration ��y/� •` > W23: Floodplain Grading! t � -. Construction Access �, ///� J W3: Floodplain Gratling !l PW29:, Flootlplain GradingW4:'Sfream Restoration Stream Restorati n 4- IF � 4 Construction Access 519: Relocation I/ Relocation t Relocat on V1: Floodplain Gra in � � m W31; Stream Restoration F :.y. W3D: ConstructionA teas ` c S3: flank ' • `bf Grading - _ 6 h '.- 5,1: Relocation ' Photography Qi. 9101WeHandJ UT3C J Stream oration W6: / S22:Bank ' / Grading � UT3Q UT3Q W5: Floodplain Grading / 321: Relocation + r W70: Foodplain Grading $27: Bank !/1'381 Grading ,55'r. ' W4: Stream Restoratic ;4 .r W2: Sty m Rest�o� I plaig :lion Access S19: Relocation '.� S19: Relocation \ _. `W1 Floodplain Grading— _ Bank Repair I Access 2019 Aeria! Photography Cornbread Valley Mitigation Site Landowner Authorization Forms LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Deed Book: 0-10 Page: 91 County: Macon Parcel ID Number: 6562715245 Street Address: 1765 North Jones Creek Road, Franklin NC 28734 Property Owner: Rita Byrd The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certification(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: 124 Byrd Farm Road, Franklin 28734 (if different from above) Property Owner Telephone Number: (828) 524 7122 I hereby certify the above information to be true and accurate to the best of our knowledge. (Property Owner Authorged Signature) • (Date) LANDOWNER AUTHORIZATION FORM PROPERTY LEGAL DESCRITION: Reed Book: D-25 Page: 1405 County: Macon Parcel ID Number: 6562725090 Street Address: 69 Allison Watts Road, Franklin, NC Property Owner (please print): Steven David Byrd The undersigned, registered property owner(s) of the above property, do hereby authorize Wildlands Engineering, Inc. to take all actions necessary for the evaluation of the property as a potential stream, wetland and/or riparian buffer mitigation project, including conducting stream and/or wetland determinations and delineations, as well as issuance and acceptance of any required permit(s) or certiiication(s). I agree to allow regulatory agencies, including the US Army Corps of Engineers, to visit the property as part of these environmental reviews. Property Owners(s) Address: (if different from above) Property Owner Telephone Number: 828-342-4248 We hereby certify the above infor idn to be true and accurate to the best of [cur ku ow Iedcc. C� r (Property Owner Autboofized Signature) (Date.) Cornbread Valley Mitigation Site Categorical Exclusion Checklist Appendix A Categorical Exclusion Form for Division of Mitigation Services Projects Version 2 Note: Only Appendix A should to be submitted (along with any supporting documentation) as the environmental document. Part 1: General Project Information Project Name: Cornbread Valley Mitigation Site County Name: Macon DMS Number: 100175 Project Sponsor: Wildlands Engineering, Inc. Project Contact Name: Kirsten Gimbert Project Contact Address: 1430 S. Mint Street, Suite 104, Charlotte, NC 28203 Project Contact E-mail: kgimbert@wildlandseng.com DMS Project Mana er: Paul Wiesner Project Description The Cornbread Valley Mitigation Site is being developed to provide stream mitigation in the Little Tennessee River Basin. The project will include restoration and enhancement on Jones Creek and six unnamed tributaries. The major goals of the stream mitigation project are to provide ecological and water quality enhancements to the broader Little Tennessee River Basin while creating these same benefits at the site level. This will be accomplished by excluding livestock from stream channels, stabilizing eroding stream banks, restoring and enhancing native floodplain, reconnecting incised streams to their floodplains, improving instream habitat, reducing sediment and fecal coliform input, and permanently protecting the site through establishing a conservation easement. For Official Use Only Reviewed By: 11 /22/2021 Date DMS Project Manager Conditional Approved By: Date For Division Administrator FHWA ❑ Check this box if there are outstanding issues Final Approval By: Date For Division Administrator FHWA 2: All Projects Regulation/QuestionPart .. Coastal Zone Management Act CZMA 1. Is the project located in a CAMA county? ❑ Yes ✓❑ No 2. Does the project involve ground -disturbing activities within a CAMA Area of ❑ Yes Environmental Concern (AEC)? ❑ No ✓❑ N/A 3. Has a CAMA permit been secured? ❑ Yes ❑ No N/A 4. Has NCDCM agreed that the project is consistent with the NC Coastal Management ❑ Yes Program? ❑ No ❑✓ N/A Comprehensive Environmental Response, Compensation and Liabilit Act CERCLA 1. Is this a "full -delivery" project? 0 Yes ❑ No 2. Has the zoning/land use of the subject property and adjacent properties ever been ❑ Yes designated as commercial or industrial? ❑✓ No ❑ N/A 3. As a result of a limited Phase I Site Assessment, are there known or potential ❑ Yes hazardous waste sites within or adjacent to the project area? ❑✓ No ❑ N/A 4. As a result of a Phase I Site Assessment, are there known or potential hazardous ❑ Yes waste sites within or adjacent to the project area? ❑ No ❑✓ N/A 5. As a result of a Phase 11 Site Assessment, are there known or potential hazardous ❑ Yes waste sites within the project area? ❑ No ✓❑ N/A 6. Is there an approved hazardous mitigation plan? ❑ Yes ❑ No ❑✓ N/A National Historic Preservation Act Section 106 1. Are there properties listed on, or eligible for listing on, the National Register of ✓❑ Yes Historic Places in the project area? ❑ No 2. Does the project affect such properties and does the SHPO/THPO concur? ❑ Yes ❑✓ No ❑ N/A 3. If the effects are adverse, have they been resolved? ❑ Yes ❑ No ❑✓ N/A Uniform Relocation Assistance and Real Property Acquisition Policies Act Uniform Act 1. Is this a "full -delivery" project? ✓❑ Yes ❑ No 2. Does the project require the acquisition of real estate? ✓❑ Yes ❑ No ❑ N/A 3. Was the property acquisition completed prior to the intent to use federal funds? ❑ Yes ✓❑ No ❑ N/A 4. Has the owner of the property been informed: ✓❑ Yes * prior to making an offer that the agency does not have condemnation authority; and ❑ No * what the fair market value is believed to be? ❑ N/A 3: Ground -Disturbing Activities Regulation/QuestionPart .. American Indian Religious Freedom Act AIRFA 1. Is the project located in a county claimed as "territory" by the Eastern Band of ❑✓ Yes Cherokee Indians? ❑ No 2. Is the site of religious importance to American Indians? ❑ Yes ❑✓ No ❑ N/A 3. Is the project listed on, or eligible for listing on, the National Register of Historic ❑ Yes Places? ❑ No ❑✓ N/A 4. Have the effects of the project on this site been considered? ❑ Yes ❑ No ❑✓ N/A Antiquities Act AA 1. Is the project located on Federal lands? ❑ Yes ❑✓ No 2. Will there be loss or destruction of historic or prehistoric ruins, monuments or objects ❑ Yes of antiquity? ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Archaeological Resources Protection Act ARPA 1. Is the project located on federal or Indian lands (reservation)? ❑ Yes ❑✓ No 2. Will there be a loss or destruction of archaeological resources? ❑ Yes ❑ No ❑✓ N/A 3. Will a permit from the appropriate Federal agency be required? ❑ Yes ❑ No ❑✓ N/A 4. Has a permit been obtained? ❑ Yes ❑ No ❑✓ N/A Endangered Species Act ESA 1. Are federal Threatened and Endangered species and/or Designated Critical Habitat ❑✓ Yes listed for the county? ❑ No 2. Is Designated Critical Habitat or suitable habitat present for listed species? ❑✓ Yes ❑ No ❑ N/A 3. Are T&E species present or is the project being conducted in Designated Critical ❑ Yes Habitat? ❑✓ No ❑ N/A 4. Is the project "likely to adversely affect" the species and/or "likely to adversely modify" ❑ Yes Designated Critical Habitat? ❑✓ No ❑ N/A 5. Does the USFWS/NOAA-Fisheries concur in the effects determination? ❑✓ Yes ❑ No ❑ N/A 6. Has the USFWS/NOAA-Fisheries rendered a "jeopardy" determination? ❑ Yes ❑ No ❑✓ N/A Executive Order 13007 Indian Sacred Sites 1. Is the project located on Federal lands that are within a county claimed as "territory" ❑ Yes by the EBCI? ❑✓ No 2. Has the EBCI indicated that Indian sacred sites may be impacted by the proposed ❑ Yes project? ❑ No ✓❑ N/A 3. Have accommodations been made for access to and ceremonial use of Indian sacred ❑ Yes sites? ❑ No ❑✓ N/A Farmland Protection Policy Act FPPA 1. Will real estate be acquired? ❑✓ Yes ❑ No 2. Has NRCS determined that the project contains prime, unique, statewide or locally ❑✓ Yes important farmland? ❑ No ❑ N/A 3. Has the completed Form AD-1006 been submitted to NRCS? ❑✓ Yes ❑ No ❑ N/A Fish and Wildlife Coordination Act FWCA 1. Will the project impound, divert, channel deepen, or otherwise control/modify any ❑✓ Yes water body? ❑ No 2. Have the USFWS and the NCWRC been consulted? ❑✓ Yes ❑ No ❑ N/A Land and Water Conservation Fund Act Section 6 f 1. Will the project require the conversion of such property to a use other than public, ❑ Yes outdoor recreation? ❑✓ No 2. Has the NPS approved of the conversion? ❑ Yes ❑ No ❑✓ N/A Ma nuson-Stevens Fishery Conservation and Manaciement Act Essential Fish Habitat 1. Is the project located in an estuarine system? ❑ Yes ❑✓ No 2. Is suitable habitat present for EFH-protected species? ❑ Yes ❑ No ❑✓ N/A 3. Is sufficient design information available to make a determination of the effect of the ❑ Yes project on EFH? ❑ No ❑✓ N/A 4. Will the project adversely affect EFH? ❑ Yes ❑ No ❑✓ N/A 5. Has consultation with NOAA-Fisheries occurred? ❑ Yes ❑ No ❑✓ N/A Migratory Bird Treat Act MBTA 1. Does the USFWS have any recommendations with the project relative to the MBTA? ❑✓ Yes ❑ No 2. Have the USFWS recommendations been incorporated? ❑✓ Yes ❑ No ❑ N/A Wilderness Act 1. Is the project in a Wilderness area? ❑ Yes ❑✓ No 2. Has a special use permit and/or easement been obtained from the maintaining ❑ Yes federal agency? ❑ No ❑✓ N/A Cornbread Valley Mitigation Site Preliminary Jurisdictional Determination Documentation U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action 1D: SAW-2020-02051 County: Macon U.S.G.S. Quad: Prentiss NOTIFICATION OF JURISDICTIONAL DETERMINATION Property Owner/Applicant: Wildlands Engineering, Inc. / Attn.: Jordan Hessler Address: 167-B Haywood Road Asheville, NC 28806 Telephone Number: 828-551-8582 Email: j hessler[a).wildlandseng.com Size (acres): 45.5 acre portion of lager tract Nearest Town: Franklin Nearest Waterway: UTs Jones Creek and Jones Creek Coordinates: 35.10362,-83.45358 River Basin/HUC: Upper Little Tennessee (06010202) Location description: The project site is located on a tract of land (PINS 6562-71-5245 and 6562-72-5090) at 1765 North Jones Creek Road and 69 Allison Watts Road in Franklin City, Macon 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 CWAIRHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination There are Navigable Waters of the United States within the above described property subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in 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 project area 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. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, maybe 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 notif ication. 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 in Morehead City, NC, at (252) 808-2808 to determine their requirements. Placement of dredged or fill material within waters of the US, including 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 pre]iininary jurisdictional determination form, D. Remarks: The potential waters of the U.S. at this site were verified by the Corps during a site inspection on September 10, 2021, and are as approximately depicted on the attached Delineation Map, Figures 3.0 — 3.4. submitted by Wildlands Engineering, Inc. E. Attention USDA Program Participants The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This delineation and/or, jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended.. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above) 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 OR ph i l ip. a. sliann i n (q)usace. army. m iI 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 UO days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by, NIA (preliminary jurisdictional determination). 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 Official: David Brown Issue Date of JD: October 28, 2021 Expiration Date: NIA preliminary jurisdictional determination 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 https_//re up lato_ry.ops_.usa_ce.anny.millctistoiner- scrvice-survey/ Copy Furnished {lay email}: None NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Wildlands Engineering, Inc./ Attn.: Jordan File Number: SAW-2020-02051 Date: October 28, 2021 Hessler Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Pcnuit or Leiter of ennission) A PROFFERED PERMIT {Standard Permit or Letter ofpermission) B PERMIT DENIAL C APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httu://www.usace.amiv.niil/Missions/CivilWorks/RceulatoryProp-raniandPeriiiits.ast)x 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 jurisdictiona] detenninations associated with the pen nit, • 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. 1f 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 pennit (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 farm 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 pennit 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 division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. Ifyou 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 It - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons far appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the iocation 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 if you only have questions regarding the appeal process you may also appeal process you may contact: contact: District Engineer, Wilmington Regulatory Division, Mr. Philip Shannin, Administrative Appeal Review Officer Attn: David Brown CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, North Carolina 28403 60 Forsyth Street, Room 1OM15 Atlanta, Georgia 30303-8801 828-271-7980, ext. 4232 (lavid.w.brownCUsace.arm)•.mil. Phone: (404) 562-5136 Email: philip.a.shanninoa usace.army.mil 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. Phillip Shannin, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5136 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: October 28, 2021 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: Wildlands Engineering, Inc. / Attn.: Jordan Hessler 167-B Haywood Road Asheville, NC 28806 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, SAW-2020-02051, NCDMS Cornbread Valley Mitigation Site D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The project site is located on a tract of land (PINS 6562-71-5245 and 6562-72-5090) at 1765 North Jones Creek Road and 69 Allison Watts Road in Franklin City, Macon County, North Carolina, State: NC County/parishlborough: Macon City: Franklin Center coordinates of site (tat/long in degree decimal format): 35.10362,-83.45358 Universal Transverse Mercator: NIA Name of nearest waterbody: UTs Jones Creek and Jones Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: October 28, 2021 FieldDetennination. Date(s): September 10, 2021 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION Estimated amount of Geographic authority Latitude Longitude aquatic resources in Type of aquatic to which the aquatic Site Number (decimal (decimal review area {acreage resources (i.e., wetland resource "may be" degrees) degrees) and linear feet, if vs. non -wetland subject (i.e., Section applicable waters) 404 or Section 10/404) Jones Creek 35.103136 -83.455442 2,788 LF Non-wetli}nd waters Section 404 UT1 35,099947 -83.45593 1,086 LF Non -wetland waters Section 404 UT1A 35.100066 -83.455664 173 LF Non -wetland waters Section 404 UTIB — Intermittent 35.100035 -83.455852 55 LF Non -wetland waters Section 404 UT1C— 35.099752 -83.455919 88LF Non-wct [and waters Section 404 Intennit tent UT2 35.103109 -83.456032 1,012 LF Non -wetland waters Section 404 UT2A 35.103235 -83.45373 500 LF Non -wetland waters Section 404 UT3 35,10683 -83.454349 1,554 LF Non -wetland waters Section 404 UT3A — 35.105557 -83.453026 75 LF Nan -wetland waters Section 404 Intermittent UT3A 35.105688 -83.454228 480 LF Non -wetland waters Section 404 UT313 35A06383 -81.45241 18 LF Non -wetland waters Section 404 UT3B 35.106433 -93.453222 539 LF Non -wetland waters Section 404 UT3B1 35A06293 -83.452603 77 LF Non-wctland waters Section 404 UT3C 35,107313 -83.452519 585 LF Non -wetland waters Section 404 UT3D — Intennittent 35.106556 -83.455321 47 LF Non -wetland waters Section 404 UT3E Intennittent 35.107943 -83.45299 61 LF Non -wetland waters Section 404 UT4 35.100383 -83.457508 174 LF Non -wetland waters Section 404 UT5 35.101461 -83.454977 192 LF Non -wetland waters Section 404 UTG 1 35.103564 -83.454031 243 LF Non -wetland waters Section 404 Site Number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resources in review area (acreage and linear feet, if applicable Type of aquatic resources (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) Wctland A 35.105586 -93.452981 0.155 AC Wetland waters Section 404 Wetland B 35.105969 -83.45431 0.314 AC Wetland waters Section 404 Wetland C 35.106531 -93.453929 0.040 AC Wetland waters Section 404 Wctland D 35.106548 -83.454101 0.006 AC Wetland waters Section 404 Wetland E 35.106634 -83.454056 0.003 AC Wetland waters Section 404 Wetland F 35.106526 -83.453584 0.028 AC Wetland waters Section 404 Wetland G 35.106477 -83.453355 0.033 AC Wetland waters Section 404 Wetland H 35.107422 -93.45191 0.058 AC Wetland waters Section 404 Wetland 1 35.107498 -83.452007 0.017 AC Wetland waters Section 404 Wetland J 35.107972 -83.45289 0.030 AC Wetland waters Section 404 Wetland K 35.106605 -93.45507 0.138 AC Welland waters Section 404 Wetland L 35.106712 -83.455475 0.002 AC Wetland waters Section 404 Wetland M 35.106687 -83.455877 0.052 AC Wetland waters Section 404 Wetland N 35.105684 -83.454692 0.600 AC Wctland waters Section 404 Wctland G 35.106231 -83.452418 0.070 AC Wethmd waters Section 404 Wctland P 35.106404 -83.452285 0.012 AC Wetland waters Section 404 Wetland Q 35.106318 -93.455065 0.027 AC Wetland waters Section 404 Wetland R 35.107784 -83.452956 0.015 AC Wetland waters Section 404 Wetland S 35.105301 -83.455744 0.229 AC Wetland waters Section 404 Wctland T 35.104518 -93.454429 0.044 AC Wetland waters Section 404 Wetland U 35.099246 -83.456017 0.214 AC Wetland waters Section 404 Wetland V 35.100585 -83.456352 0.346 AC Wetland waters Section 404 Wetland W 35.102749 -83.454412 0.117 AC Wetland waters Section 404 Wetland X 35.103486 -83.454932 0.279 AC Wetland waters Section 404 Wetland Y 35.103143 -83.456073 0.005 AC Wetland waters Section 404 Wetland Z 35.102791 -83.456559 0.007 AC Wetland waters Section 404 Wetland AA 35.102712 -83.456887 0.033 AC Wetland waters Section 404 Wetland BB 35.102699 -83.457062 0.006 AC Wetland waters Section 404 Wctland CC 35.100829 -93.455485 0.009 AC Wetland waters Section 404 Wctland DD 35.100914 -83.455407 0.010 AC Wetland waters Section 404 1. The Corps of Engineers believes that there may be jurisdictional aquatic resources in the review area, and the requester of this PJD is hereby advised of his or her option to request and obtain an approved JD (AID) for that review area based on an informed decision after having discussed the various types of JDs and their characteristics and circumstances when they may be appropriate. In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AID 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 AID before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AID 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 AID or a PID, the JD will be processed as soon as practicable. Further, an AID, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it becomes appropriate to make an official determination whether geographic jurisdiction exists over aquatic resources in the review area, or to provide an official delineation of jurisdictional aquatic resources in the review area, the Corps will provide an AID 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 he" navigable waters of the U.S. on the subject review area, and identifies a]1 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: Wildlands Engineering, Inc. ® Data sheets prepared/submitted by or on behalf of preliminary JD requester. Wildlands Engineering, Inc. ® 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: Prentiss ® Natural Resources Conservation Service (NRCS) Soil Survey. Citation: Macon County, NC ❑ National wetlands inventory (NWI) map(s). Cite name: ❑ State/Local wetland inventory map(s): ® Federal Emergency Management Agency (FEMA)1 Flood insurance Rate Map (FIRM) maps: Map No. 3700 6562 OOJ, effective date May 4, 2009 ❑ 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, Aug. 2005, Apr. 1998 and Apr. 1994 ® Other (Name & Date): SAW Regulatory Viewers — USGS Hydrography Dataset and LIDAR DEM, Hillshade and Slope ❑ 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). The streams on the property are UTs Jones Creek and Jones Creek. All exhibit physical ordinary high water marls (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 fish and other 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 Prentiss and the most current Natural Resource Conservation Service Soil Survey for Macon County. The UTs Jones Creek flow into Jones Creek, which flows into Cartoogechaye Creek, and then into the Little Tennessee River, a traditional navigable river. 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. David Brown, October 28, 2021 In File with submitted JD Request Signature and date of Regulatory Wildlands Engineering, Inc. staff member completing (signed and dated request preliminary JD per agent preliminary JD authorization) Please sign this Preliminary JD Form. Keep a signed copy for your record and return a signed form to the Asheville Regulatory Field Office by mail or e-mail. 17.E 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 estahiished time frame, the district may presume onncurrence and no additional follow up is necessary prior to finalizing an action. I ',_ }• _� dx � q'• ilect Parcels -ential Wetland Waters-n Project Streams �i rop �. Au f j m R 1 ` S Q•.. 1 j � �r3 ,- P s Ur31w0 ` I UTA ft Rgure3.3� ^ E I C r N j AA 1)ll .,.-.. BB --••-------------------------IT- � j ore 3,2 any I E'•:�-ter ,CC j u� Y Fe 0 Project Parcels Assessment Area - - . s Potential Wetland Waters ` H - — Intermittent Project Stream V — Perennial Project Stream ` Non -Project Stream q Stream Classification Point (SCR#) . D Wetland/Upland Data Paint (DP#) D' y WILDLANDS ��/ EN�.INEERINCy 0 100 200 Feet 1 I I I 11 P/ 1 Figure 3.1 Delineation Map Cornbread Valley Mitigation Site tittle Tennessee River Basin (03050201) Macon County, NC F I 0 Project Parcels j Assessment Area f ! Potential Wetland Waters --- Intermittent Project Stream Perennial Project Stream Non -Project Stream O Stream Gass icatior Pant (SCP#) O WedandlUpland Data Point (DR#) I1T3 {d7 LFj � ;W1LULANDS o 100 200Feet �/ EN�.INEERINCy Figure 3.3 Delineation Map Cornbread Valley Mitigation Site little Tennessee River Basin (06010202) Macon County, NC Project Parcels j Assessment Area Potential Wetland Waters — Intermittent Project Stream Perennial Project Stream Non -Project Stream O Stream Gass cation Pant (SCP#) O WedandlUpland Data Point (DP#) ,7 - 1 14 • y . J quo5 C owa _ HFeGintlR r r , - •_ i (0-045AC) 00- F+ t _ IND Ir Wetland E (0.003i4C1 Welland F 'rVerlanre G {0.028ACJ i fn.n77 AC,� Yyeflagd A {0.0061ICJ �, Welland C vr• r 1,� r LNeffarld J "- f0.030 AC.i - We1lal+d 1 , {0"'077AC1 's s � 1 SCP14E P15 pP UT3A I_ UT3A a. SCP72 r!�/�� •ems �iiii/�"�j (4HU LFj •III��1� I I I3 7 49,�-nafphotography W I L D L A N D S D 100 zoo Feet E rJG I N@E R I NG Figure 3.4 Delineation Nap Cornbread Valley Mitigation Site Little Tennessee River Basin (06010202) Macon County, NC