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HomeMy WebLinkAbout20150229 Ver 1_401 Application_20150315C�e r a r ater 2 0 1 5 0 2 2 9 ClearWater Environmental Consultants, Inc February 26, 2015 www.cwenv.com Mr. David Brown US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -2638 Ms Karen Higgins NC DWR, Webscape Unit 512 North Salisbury Street Raleigh, North Carolina 27604 RE: Gash Creek Restoration Project Henderson County, North Carolina Dear Mr. Brown and Ms Higgms The attached Pre - Construction Notification (PCN) is being submitted on behalf of WNC Resort Properties, LLC represented by Mr. Tim Rice The project site is located off Brickyard Road in Etowah, Henderson County, North Carolina The applicant is seeking a Nationwide Permit 27 for bank stabilization along Gash Creek Please do not hesitate to contact me at 828 -698 -9800 if you have any questions or comments regarding the enclosed PCN A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to Mr Zan Price of the NC Division of Water Resources, Asheville Regional Office Respectfully, -7&-`�­ a�� Kevin Mitchell R. Clement Riddle, P.W.S Biologist Pnncipal Copy Furmshed NC Division of Water Resources, Asheville — Zan Price NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Bryan Tompkins 224 South Grove Street, Suite F Hendersonville, NC 28792 828 - 698 -9800 Tel 828 - 698.9003 Fax Corps Submittal Cover Sheet Please provide the following info: 1. Project Name. Gash Creek Restoration Protect 2 Name of Property Owner /Applicant: WNC Resort Properties, LLC 3. Name of Consultant/Agent C1earWater Environmental Consultants, Inc *Agent authonzahon needs to be attached 4 Related/previous Action ID numbers(s): N/A 5. Site Address: 470 Brickyard Road, Etowah, NC 28729 6. Subdivision Name: N/A 7 City: Etowah 8. County. Henderson 9. Lat. 35.318657N Long - 82.601357W (Decimal Degrees, Please 10. Quadrangle Name- Horse Shoe 11. Waterway: Gash Creek 12. Watershed. French Broad 06010105 13. Requested Action• X Nationwide Permit # 27 _ General Permit # Jurisdictional Determination Request — Pre - Application Request The following information will be completed by the Corps office: AID- Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Protect Description/Nature of Activity/Project Purpose: Site/Waters Name Keywords: Cwa"r Department of the Army NCDENR Wilmington District, Corps of Engineers NC DWR, Webscape Unit Attn: Scott McLendon, Chief Regulatory Division Attn: Karen Higgins PO Box 1890 512 North Salisbury Street Wilmington, NC 28402 -1890 Raleigh, North Carolina 27604 I, the current landowner /managing partner of the property identified below, hereby authorize ClearWater Environmental Consultants, Inc (CEC) to act on my behalf as my agent during the processing of. jurisdictional determination requests and permits to impact Wetlands and Water of the US subject to Federal jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. CEC is authorized to provide supplemental information as needed at the request of the USACE or DWR. Additionally, I authorize representatives of the Wilmington District, US Army Corps of Engineers to enter upon the property herein described for the purposes of conducting on- site investigations and issuing a determination associated with Wetlands and Waters of the US subject to Federal ,jurisdiction under Section 404 of the Clean Water Act and /or Section 10 of the Rivers and Harbors Act of 1899. Property Owner of Record: Property Owner of Address: Phone Number Property Location. Owner/Managing Partner Printed Name: Owner/Managing Partner Signature: Date r 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828 -698 -9800 www.cwenv.com Parcel Information Henderson County, NC Tax Parcel Report Monday, February 16. 2015 Henderson County WARNING: THIS IS NOT A SURVEY. Geograplvc Irdomialion Systems (GIS) 200 North Grove Street All information or data provided (whether subscnbed, purchased or otherwise dwribuled) Is provided as is, without any Handersonvile, NC 28792 warranties, Including the warranties of merchantability or of fitness for a particular purpose. Henderson Cormly and its P (1128) 6985124 employees make no warranties or guarantees, either express or implied. Use of the tntormetion or data subscrmed, F (8261698-5122 purchased or otherwise dslnbuted. whether in hard copy or digital made, shall be at the user's own risk. WARNING: THIS IS NOT A SURVEY Parcel Information Parcel Number: 9963128 Pin: 9529524218 Listed to: RESORT PRO PRO PERTIES LLC Neighborhood: GOLF MTN ESTATES Mailing Address: 1310 -A PATTON AVE Township: Mills River Mailing City, State, Zip: ASHEVILLE, NC 281506 Municipality: UNINCORPORATED Physical Address: 470 BRICKYARD RD Fire District: Deed: 1601/251 Plat: Not Available Date Recorded: 12/1912014 Elementary School ETOWAH District: Revenue Stamps: 3933 Middle School District: RUGBY MIDDLE Property Description: Lot # GOLF COURSE High School District: WEST HIGH Map Sheet: 9529.D4 Soil: Delanco (dillard) loam, 2 to 7 percent slopes Assessed Acreage: 1718400 Voting Precinct: Etoway Valley Building Value: $3,715,700.00 Commissioner District 5 Land Value: $1,477,600.00 Agricultural District None Found Value To Be Billed: $5,193,300.00 Henderson County WARNING: THIS IS NOT A SURVEY. Geograplvc Irdomialion Systems (GIS) 200 North Grove Street All information or data provided (whether subscnbed, purchased or otherwise dwribuled) Is provided as is, without any Handersonvile, NC 28792 warranties, Including the warranties of merchantability or of fitness for a particular purpose. Henderson Cormly and its P (1128) 6985124 employees make no warranties or guarantees, either express or implied. Use of the tntormetion or data subscrmed, F (8261698-5122 purchased or otherwise dslnbuted. whether in hard copy or digital made, shall be at the user's own risk. Corps action ID no M Office Use Only o c DWQ project no Form Version 13 Dec 10 2008 Pre - Construction Notification PCN Form A. Applicant Information 1. Processing la Type(s) of approval sought from the Corps ® Section 404 Permit ❑ Section 10 Permit lb Specify Nationwide Permit (NWP) number 27 or General Permit (GP) number 1c Has the NWP or GP number been verified by the Corps? ❑ Yes ® No ld 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 El Yes ®No 1g. Is the project located in any of NC's twenty coastal counties If yes, answer 1 h below ❑ Yes ® No 1h Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a Name of project Gash Creek Restoration Project 2b County Henderson 2c Nearest municipality / town Etowah 2d Subdivision name: N/A 2e NCDOT only, T.1 P. or state project no 3. Owner Information 3a Name(s) on Recorded Deed WNC Resort Properties, LLC 3b Deed Book and Page No 16011251 3c Responsible Party (for LLC if applicable) Tim Rice 3d Street address 470 Backyard Road D 3e City, state, zip Etowah, NC 28729 3f Telephone no 828 -891 -7022 MAR 2 Mb 3g Fax no.: 3h Email address I timsrice @aol.com 401 8 BUFFER PERMITTING Page 1 of 12 PCN Form — Version 1.3 December 10, 2008 Version 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 5. Agent/Consultant Information (if applicable) 5a Name R Clement Riddle 5b Business name (if applicable). ClearWater Environmental Consultants, Inc 5c. Street address 224 South Grove Street, Suite F 5d City, state, zip Hendersonville, North Carolina 28792 5e. Telephone no 828 -698 -9800 5f Fax no.. n/a g Email address clement @cwenv com Page 2 of 12 PCN Form — Version 1 3 December 10, 2008 Version B. Project Information and Prior Project History 1. Property Identification 1a Property identification no (tax PIN or parcel ID) 9529524218 lb Site coordinates (in decimal degrees) Latitude 35 318657 N Longitude - 82.601357W (DD DDDDDD) ( -DD DDDDDD) 1c Property size Parcel is +/- 174 acres Approximately 1,400 linear feet of Gash Creek is in the project area 2. Surface Waters 2a Name of nearest body of water (stream, river, etc) to proposed project Gash Creek 2b Water Quality Classification of nearest receiving water C 2c River basin French Broad 06010105 3. Project Description 3a Describe the existing conditions on the site and the general land use in the vicinity of the at the time this project of application Existing conditions on site include a golf resort with a 27 hole golf course General land use in the vicinity is residential 3b List the total estimated acreage of all existing wetlands on the property There are no wetlands within the project area 3c List the total estimated linear feet of all existing streams (intermittent and perennial) on the property Approximately 1,400 linear feet of Gash Creek and approximately 150 linear feet of unnamed tributaries to Gash Creek are in the project area 3d Explain the purpose of the proposed project The purpose of the project is to use bioengineenng techniques to stabilize Gash Creek The Golf Club would like to address erosion along Gash Creek in order to prevent further degradation of the golf course and cart paths (See Attached Representative Photos). 3e Describe the overall project in detail, including the type of equipment to be used, The project includes the construction of four geolifts, one brush mattress, three constructed riffles, and one stone toe In addition, six areas will be sloped, seeded, matted, and live staked Reaches not proposed for grading, but lack woody vegetation will be live staked Woody vegetation will be installed during the dormant season A np rap apron is also proposed to accommodate an existing drainage pipe outlet at station 6 +00 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 - 4b If the Corps made the jurisdictional determination, what type ❑ Preliminary ❑ Final of determination was made? 4c If yes, who delineated the jurisdictional areas? Agency /Consultant Company Name (if known) 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 Page 3 of 12 PCN Form — Version 1 3 December 10, 2008 Version 6. Future Project Plans 6a Is this a phased project? ❑ Yes ® No 6b If yes, explain Page 4 of 12 PCN Form — Version 1 3 December 10, 2008 Version C. Proposed Impacts Inventory 1 Impacts Summary la 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 number — Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ — non -404, other) (acres) Temporary T W1 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W2 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W4 ❑ POT ❑ Yes ❑ Corps ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ 2g. Total wetland impacts 2h. 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 Temporary (T) (INT)? other) (feet) feet) S1 ®P ❑ T Bank Stabilization Gash Creek ® PER ❑ INT ® Corps ® DWQ 10 1,400 S2 ®P ❑ T Bank Stabilization UT Gash Creek ® PER ❑ INT ® Corps ® DWQ 3 20 S3 ® P ❑ T Bank Stabilization UT Gash Creek ® PER ❑ INT ® Corps ® DWQ 3 20 S4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S5 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ S6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h Total stream and tributary impacts 1,440 31 Comments, Bank stabilization impacts on Gash Creek include a combination of geolifts, brush mattresses, bank sloping, toe protection, constructed riffles, and rock apron Impacts on two unnamed hibutanes to Gash Creek are associated with bank sloping on Gash Creek In order to match graded slopes on Gash Creek, grading will need to occur on both tnbutanes. Page 5 of 12 PCN Form — Version 1 3 December 10, 2008 Version 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 type Area of impact (acres) Permanent (P) or Temporary T 01 ❑ PEI T 02 ❑P ❑T 03 ❑P ❑T 04 ❑P ❑T 4f. Total open water impacts 4g Comments 5. Pond or Lake Construction If Pond or lake construction proposed, then complete the chart below 5a 5b 5c 5d 5e. Pond ID Proposed use or purpose Wetland Impacts (acres) Stream Impacts (feet) Upland number of pond (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g Comments, 5h Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no* 51 Expected pond surface area (acres) 5j Size of pond watershed (acres): 5k Method of construction 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. ❑ Neuse ❑ Tar - Pamlico ❑ Other Project is in which protected basin? ❑ Catawba ❑ Randleman 6b 6c 6d 6e 6f. 6g Buffer impact number— Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Tem ora T impact required? B1 ❑P ❑T ❑Yes ❑ No B2 ❑P ❑T El Yes ❑ No B3 ❑ PEI T El Yes ❑ No 6h Total buffer impacts 6i Comments Page 6of12 PCN Form — Version 1 3 December 10, 2008 Version D Impact Justification and Mitigation 1. Avoidance and Minimization 1a Specifically describe measures taken to avoid or minimize the proposed impacts in designing project The proposed project is designed to utilize natural materials and methods for stream restoration and stabilization such as geolifts, brush mattresses, bank sloping, and constructed riffles 1b Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Silt fencing would be installed on the stream side of all temporary stockpiles Excess excavated material would be disposed of in upland areas or approved off -site waste area Work will be staged so that no more creek bank will be disturbed than can be stabilized at the end of the work day Construction equipment will be operated from high ground 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 ❑ Payment to in -lieu fee program ❑ Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a Name of Mitigation Bank* 3b Credits Purchased (attach receipt and letter) Type Quantity 3c Comments 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 linear feet 4c If using stream mitigation, stream temperature ❑ warm ❑ cool ❑cold 4d Buffer mitigation requested (DWQ only) square feet 4e Riparian wetland mitigation requested acres 4f Non - npanan wetland mitigation requested acres 4g Coastal (tidal) wetland mitigation requested. acres 4h Comments 5. Complete if Using a Permittee Responsible Mitigation Plan 5a If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan Page 7 of 12 PCN Form — Version 1 3 December 10, 2008 Version 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 requires buffer mitigation? ❑ Yes ® No 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 Zone 6c Reason for impact 6d Total impact (square feet) Multiplier 6e Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f Total buffer mitigation required: 6g If buffer mitigation is required, discuss what type of mitigation is proposed (e g , payment to private mitigation bank, permittee responsible ripanan buffer restoration, payment into an approved in -lieu fee fund) 6h Comments E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan 1a Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? ❑ Yes ® No 1b If yes, then is a diffuse flow plan included? If no, explain why Comments ❑ Yes El No Page 8 of 12 PCN Form — Version 1 3 December 10, 2008 Version 2 Stormwater Management Plan 2a What is the overall percent Imperviousness of this project? 0 2b Does this project require a Stormwater Management Plan? ❑ Yes ® No 2c If this project DOES NOT require a Stormwater Management Plan, explain why The proposed project would not add additional impervious surface to the project area 2d If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan 2e Who will be responsible for the review of the Stormwater Management Plan? ❑ Certified Local Government ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3 Certified Local Government Stormwater Review 3a In which local government's jurisdiction is this project? ❑ Phase II 3b Which of the following locally - implemented stormwater management programs ❑ NSW apply (check all that apply) ❑ USMP ❑ 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 El 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 9 of 12 PCN Form — Version 1 3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) la 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)? 1c If you answered "yes" to the above, has the document review been finalized by the State Cleanng 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 213 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 El 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 Wastewater will not be generated as a result of this proposed project Page 10 of 12 PCN Form — Version 1 3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a Will this project occur in or near an area with federally protected species or C9 Yes El 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 ❑ Raleigh ❑ Asheville 5d What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? USFWS County data and Natural Heritage Program (NHP) data The NHP data indicates a historical occurrence of the mountain sweet pitcherplant (Saracenia rubra ssp /onesn) within the property boundary NHP data indicated that recent searches were unsuccessful in locating mountain sweet pitcher plant There are also documented findings of swamp pink (Helonras bullata) within 2 miles of the project area Both species occur in mountain bogs or other weltand habitats Suitable habitat does not exist within the project site (See Attached Respresentative Photographs) It is the opinion of CEC that the proposed project is not likely to adversely affect the mountain sweet pitcher plant or swamp pink 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? South Atlantic Habitat and Ecosystem IMS Impact will not occur in a marine system 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'? National Register of Historic Places records maintained by the NC State Historic Preservation Office (SHPO) and available on SHPO's HPOWEB GIS Service The Bryn Avon House (HPO Site ID HN0072) is located approximately 2 4 miles to the southeast of the project site It is the opinion of CEC that the proposed project will not threaten the integrity of this site S. Flood Zone Designation (Corps Requirement) 8a Will this project occur in a FEMA- designated 100 -year Foodplain? ® Yes ❑ No 8b If yes, explain how project meets FEMA requirements* Applicant will comply with the Henderson County Floodplain ordinance and obtain approval by Henderson County and /or FEMA prior to construction 8c What source(s) did you use to make the floodplam determination? FEMA Map Service Center FEMA map number 3700952800K, effective date October 2, 2009; 3700952900J , effective October 2, 2008 G-<_1 Cl yr ` v- a Applicant/Agent's Printed Name A licant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided Page 1 l of 12 PCN Form — Version 1 3 December 10, 2008 Version Gash Creek Restoration Project G Gash Rd c r Brannon Kd Etowah Valley, Golf Club ys Sha � z �a •Y �. ,, Ir Approximate Project Location ' a Ot�G� 4r !Rd 11� ,t+nel Q v td sk w Etowah 'Pd r 1 scp '0 �. 4� P t0 " • Fade Rd n Riverwind pr Aria Csr @tip N a ,c Rd 0 Legend >k Project Ot 0 0.25 0.5 1 Drawn br. RKM 2.20.2015; CEC Project# 798 ,,aL C, 1, leas 3 ! rimes .� M Crone Henderson County, CLearWater Site Vicinity North Carolina Figure 1 224 South Grove Street, Suite F Flcndmonvillc, North Carolina 28792 Gash Creek Restoration Protect r t � � l_ • t t • one d •'i all* • ���� • i Approximate Project Location ) / ' , • �r • 1000, • • • V V. • N ' f • •.../ • • • N Legend �� : • 0 500 1,000 2,000 ' =.=.=3m-- Project Location / .2D15; CEC P -� • Feet Henderson County, CLear\/ater USGS Topographic Map North Carolina Horse Shoe Quad 224 South Grove Street, Suite F Figure 2 Hendersonville, North Carolina 28792 Figure 3 Site Plans - Sheets 1 -7 GASH CREEK RESTORATION PROJECT ETOWAH VALLEY GOLF CLUB & LODGE ETOWAH , NC BRICKYARD ROAD li� INDEX 9: TITLE 2: NOTES AND SYMBOLS 3-4: PLANS 5 -7: DETAILS PROJECT REACH ETMAH VALLEY GOLF CLUE A LODGE a a a w Q u1 o Z z O C) Vn 0-w �fy U V) w 0 =�8 : m2,r;� z = m � V N 0 co C co ma L L W r UJ n ILL OJ LLOU , Z UZWQ O 0p�w w p� O w DI ATE: FEB. 2015 SCALE: NTS TITLE SHEET 1 OF 7 ul Z= �! v a z =�8 : m2,r;� z = m � V N 0 co C co ma L L W r UJ n ILL OJ LLOU , Z UZWQ O 0p�w w p� O w DI ATE: FEB. 2015 SCALE: NTS TITLE SHEET 1 OF 7 NOTES: 1. 2. 3. 4. 5. 6. 7. 8. 9. Fft DESIGN PROFILE FOLLOWS EXISTING STREAM THALWEG, WITH MINOR ALIGNMENT SHIFTS AS INDI CA TED ON PLANS. ALL TREES, UTILITIES AND OTHER SITE FEATURES SHALL BE PROTECTED UNLESS MARKED FOR REMOVAL. CONTRACTOR SHALL HAVE UTILITIES MARKED IN THE FIELD PRIOR TO STARTING CONSTRUCTION. WORK MUST PROCEED IN ACCORDANCE WITH 401, 404 AND FLOODPLAIN PERMIT CONDITIONS. WORK SHALL BE STAGED SUCH THAT NO MORE CREEK BANK IS DISTURBED THAN CAN BE STABILIZED AT THE END OF THAT WORK DAY. EXCESS EXCAVATED MATERIAL MUST BE DISPOSED IN APPROVED UPLAND AREAS OR OFF -SITE. ALL EQUIPMENT SHALL BE CLEANED PRIOR TO MOBILIZATION AND SHALL BE MAINTAINED TO BE FREE OF LEAKS. FUELING SHALL BE PERFORMED IN A CONTAINED AREA AT LEAST 200 FEET FROM FLOWING WATER. TREES AND LOGS REMOVED DURING GRADING SHALL BE SALVAGED FOR ON -SITE USE AS IN THE PROJECT UNLESS DIRECTED OTHERWISE. LOGS AND CLEARING DEBRIS NOT USEFUL TO THE PROJECT SHALL BE DISPOSED OFF -SITE. GEOLIFTS, BRUSH MATTRESSES AND LIVE STAKES SHALL BE INSTALLED DURING THE DORMANT SEASON, TYPICALLY DECEMBER THROUGH APRIL. a a Q W Q � o z o O a w cr- U w 0 LEGEND EXISTING PROPOSED m O = lA U TOP OF BANK TOP OF BANK r EDGE OF WATER — — — — BRUSH MATTRESS _ €a �_ THALWEG — GEOLIFTS i CART PATH — — — — — — — TREE REMOVAL X TREE STONE TOE DRAINAGE PIPE _ — CONSTRUCTED RIFFLE N a RIPRAP APRON a a Q W Q � o z o O a w cr- U w 0 OD H UJ W LL wC)0U waOZ U 0 w Q O ~QO W H = U w0 W DATE: FEB. 2015 SCALE: NTS NOTES AND SYMBOLS SHEET 2 OF 7 FD CD co N p .4 O m O = lA U Cr) r =V� = _ €a �_ O W C i N Z N 7 " 4? c x m O O „©"'p LL t N a a z OD H UJ W LL wC)0U waOZ U 0 w Q O ~QO W H = U w0 W DATE: FEB. 2015 SCALE: NTS NOTES AND SYMBOLS SHEET 2 OF 7 FD CD co N p .4 O m O = lA U r N N N = m N U O W C i N Z N 7 Gtr 4? c x m O O cn 'm a O t N a OD H UJ W LL wC)0U waOZ U 0 w Q O ~QO W H = U w0 W DATE: FEB. 2015 SCALE: NTS NOTES AND SYMBOLS SHEET 2 OF 7 / TO CLUBHOUSE I UNNAMED TRIB. � 2 #3 GREEN i -`STAGING / \ �� � STOCKPILE/ � \ CONFORM PIPE OUTLET TO GEOLIFTS 80 LF GtQLIFT - - - - CART PATH 100 LF GEOLIFTS - ACCOMMODATE TRIBUTARY OUTLET � -Z+o- - - - IN BANK GRADING UNNAMED -� TRIB. ss s GASH CREEK ss ss -- ss — ACCOMMODATE ss ss ss _ ss - TRIBUTARY OUTLET IN BANK GRADING CART PATH 0' 50' 100' 150' n r Z m m cn 90 n w a w Q (/) o Z _O o (!) w Li 0 aU� c _ `z m m HD UJ U u- 0 0 W d z U0WQ O cl) C� 0 W w0 w DATE: FEB. 2015 SCALE: V = 50' PLAN SHEET 3 OF 7 CL z aU� c _ `z m m HD UJ U u- 0 0 W d z U0WQ O cl) C� 0 W w0 w DATE: FEB. 2015 SCALE: V = 50' PLAN SHEET 3 OF 7 D n 2 r Z m 2 m W CART PATH 90 USE CART PATH AND BRIDGES FOR — _ — — — _ — ' — EQUIPMENT ACCESS 60 LF GEOLIFTS UNNAMED 1 _! Rl�S RT OaMS -J CO �i I UNNAMED \ TRIB. #3 TEE TRIB. UNNAMED � CONFORM RIFFLE TRIB. TO INV. OF LEFT BARREL DBL 7'X7' RCB SS SS ---- ALIGNMENT UNCERTAIN/ �/ STAGING // S SS SS SS _ _ _ _ _ i i STOCKPILE SS SS - -- JS / �l CART PATH — 90 LF BRUSH MATT4SS CONFORM EXISTI - - - - - -- _ �/ / WINGW� #2 GREEN 1 / i ro / JG / LL / l J� a a w a cn o Z O_ o cn F- j a w cr- U w 0 m H D U 'J U j J LL w�OV Lu z UZ O W a _ ~QO 0p =w I- Q w0 OC H w DATE: FEB. 2015 SCALE: PLAN SHEET 4 OF 7 s OD OD m ,, S) E =mss `al z ���� o U N C = mfmaNO c Oi m Z 0 � Lbr m r- 0 !p > ii Cl m „a „Z m H D U 'J U j J LL w�OV Lu z UZ O W a _ ~QO 0p =w I- Q w0 OC H w DATE: FEB. 2015 SCALE: PLAN SHEET 4 OF 7 s OD OD m ,, S) E =mss _ ���� • U N C = mfmaNO c Oi m Z 0 � Lbr m r- 0 !p > ii Cl m m H D U 'J U j J LL w�OV Lu z UZ O W a _ ~QO 0p =w I- Q w0 OC H w DATE: FEB. 2015 SCALE: PLAN SHEET 4 OF 7 LIVE ROLANKA BIO -D BLOCK 12 -31 SAND /CLAY MIXTURE WITH 3 -5% ORGANICS 4' MIN. �� GEOLIFT NOTES: 1. GEOLIFTS MUST BE INSTALLED BETWEEN DECEMBER AND APRIL. CLASS 1 2. LIVE CUTTINGS SHALL BE A MIX OF SILKY DOGWOOD, SILKY WILLOW, AND NINEBARK. 3. OFFSET IS 1.5' FOR ALL GEOLIFTS EXCEPT IN REACH 2, WHERE DIMENSION IS 2.0'. 6" TEMP. DIVERSION SEE DETAIL 1/6 TOP OF BANK NATU TOE OF BANK EDGE OF TF AND 0 ONC i vr- 18" MIN. -SEE NOTE 3 10'+/ BRUSH MATTRESS 0 co ' a a Z °_ 2 8 _ 10 26 of mCC L mo�� =W w ~ o 0- : N Z c ■ 4.0' O 6 „ - - - -ENOTE CD a t N Q (I) BASE FLOW _ -- --_o a z > 3.5 r 2 U w CREEK BED 1 , t n, o 1 GEOLIFTS 5 NTS EROSION CONTROL MATTING W/ MATTING STAKES TOPSOIL TWI SECTION SH MATTRESS STAKE CUTTINGS 12" MIN. DI A AI 2 BRUSH MATTRESS 5 NTS TYP 1 STONE BASE FLOW i STREAM BED 4” 18" 2" f BRUSH MATTRESS STAKE IVE CUTTINGS, SLIGHT CRISS -CROSS 'ATTERN, MIN. 15 STEMS PER SQUARE YARD, SAME SPECIES AS GEOLIFTS. BRUSH MATTRESS NOTES: VARIES 4' TO CART PATH 1. BRUSH MATTRESSES MUST BE INSTALLED BETWEEN DECEMBER AND APRIL. 2. DRIVE STAKES HALFWAY INTO BANK BETWEEN CUTTINGS. WRAP TWINE AROUND STAKES AND OVER CUTTINGS TIGHTLY. DRIVE STAKES FURTHER TO TIGHTEN TWINE AND SECURE CUTTINGS TO SLOPE. 3. FILL VOIDS BETWEEN CUTTINGS WITH LOOSE TOPSOIL. 4. INSTALL EROSION CONTROL MATTING OVER TOPSOIL, USING 18" LONG MATTING STAKES. 5. PLACE STONE TOE OVER END OF MATTRESS AND MATTING. 3 TYPICAL POOL GRADING, REACH 2 5 1"= 10' 6' NO GRADING RIGHT BANK 2.5 0 NOTE 1 - - 4 TYPICAL BANK SLOPING, REACH 1 5 1"= 10' 5'BENCH DOTE 1 - - - - - -- 2 1 5 1 NOTE 1 2.5 BANKFULL & TOP OF BANK 5 TYPICAL GEOLIFTS, REACH 1 5 j 1"= 10' TYPICAL SECTION NOTES: 1. GRADED CREEK BANKS NOT RECEIVING GEOLIFTS OR BRUSH MATTRESSES SHALL BE ROUGHENED PERPENDICULAR TO SLOPE, SEEDED, MULCHED, COVERED WITH EROSION CONTROL MATTING AND LIVE STAKED. 2. SLOPES FLATTER THAN 4:1 DO NOT REQUIRE MATTING. 3. REACHES WHERE THE LEFT BANK IS NOT GRADED BUT LACKS WOODY VEGETATION SHALL BE LIVE STAKED PER THE DETAIL. m H= UJ j J O O � U waOZ U Z W Q _O U) ~ Q O Q9 >I- C70QW U w0 W DATE: TE: FEB.2015 SCALE: AS SHOWN DETAILS SHEET 5 OF 7 0 co ' oy." °_ 2 8 _ 10 26 of mCC L mo�� =W : 0- : N Z c ■ x(628 CD a t N Q a z m H= UJ j J O O � U waOZ U Z W Q _O U) ~ Q O Q9 >I- C70QW U w0 W DATE: TE: FEB.2015 SCALE: AS SHOWN DETAILS SHEET 5 OF 7 0 co ' °_ 2 8 _ 10 26 of mCC L mo�� : c : N Z c ■ x(628 CD a t N Q m H= UJ j J O O � U waOZ U Z W Q _O U) ~ Q O Q9 >I- C70QW U w0 W DATE: TE: FEB.2015 SCALE: AS SHOWN DETAILS SHEET 5 OF 7 /-MATTING PLACED FLUSH WITH BANK SURFACE, 1' MIN. OVERLAP LAP OVER DOWNSTREAM /DOWNSLOPE SEAMS -i'� -I 12" WOOD STAKE WITH HOOK, PLACED T O.C. IN A DIAMOND PATTERN ATTING ANCHORED AT TOE OF SLOPE. SMOOTH SURFACE, REMOVE ALL DEBRIS AND SEED & MULCH BEFORE PLACING MATTING NOTE: SECTION 1. MATTING SHALL BE ROLANKA BioD -Mat 70 OR APPROVED EQUAL 100% COIR FIBER. EROSION CONTROL MATTING 6 NTS � � co N E • d C lL U o m 0 W V N C • Er°0 O O SUDS POINTED Z $_ � ` �pp t U in m a. D D Q ASE CUT' J, ,0" O L w A au" Ml AAI CLASS 1 STONE OVERLAIN BY ON -SITE GRAVEL AND COBBLE SEE A' 2 NODES REVEALED MIN. 3 NODES BELOW GRADE IN DIAMOND PATTERN 'TO FIRST ROW 4 BASE FLOW Q C/'�TI/'1A1 NOTES: 1. LIVE STAKES SHALL INCLUDE AT LEAST 3 OF THE FOLLOWING 4 SPECIES: SILKY DOGWOOD, SILKY WILLOW, NINEBARK AND ELDERBERRY. 2. LIVE STAKED MUST BE INSTALLED BETWEEN DECEMBER AND APRIL. 3. STAKES SPLIT DURING INSTALLATION WILL NOT BE ACCEPTED. 8" MIN. AFTER COMPACTION �INISHED GRADE PER PROFILE SCARIFY SUBGRADE PRIOR TO STONE PLACEMENT SECTION A -A' 2 CONSTRUCTED RIFFLE 6 NTS BANK D_ a CUT TOP AT 150 AFTER INSTALLATION 0 co N E • d C lL U o Z —1/2" TO 2" W V N C • Er°0 o SUDS POINTED Z $_ � ` �pp t U in m a. w UPWARD Q ASE CUT' J, ,0" O L w w 0 3 LIVE STAKES 6 NTS 4 STONE TOE 6 NTS 0 co N E • d C lL U _ Q L —1/2" TO 2" W V N C • Er°0 mo °iu Z $_ � ` �pp t U in m a. L Q ASE CUT' J, ,0" O AT 450 w 19m �z LIVE STAKE DETAIL 3 LIVE STAKES 6 NTS 4 STONE TOE 6 NTS m H � -OW W U i LL O -j O U W (L Z 'BELOW BED U Z O j Q _p:_3: (D O=O �a U� w0 w DATE: FEB. 2015 SCALE: AS SHOWN DETAILS SHEET 6 OF 7 0 co N E • d C lL U _ Q L W V N C • Er°0 mo °iu Z $_ � ` �pp t U in m a. L Q m H � -OW W U i LL O -j O U W (L Z 'BELOW BED U Z O j Q _p:_3: (D O=O �a U� w0 w DATE: FEB. 2015 SCALE: AS SHOWN DETAILS SHEET 6 OF 7 E CLASS B STONE APRON 12" THICK AND UNDERLAIN BY NON -WOVEN FILTER FABRIC EXISTING 10" CORRUGATED PLASTIC PIPE rl_,� RIPRAP APRON 7 NTS 6' MAX. TEEL T -POST + - fi L- FILTER FABRIC 2 SILT FENCE 7 NTS a 6 5 PERMANENT SEED MIX* RATE: 1 LB /1,000 SF COMMON NAME SCIENTIFIC NAME PERCENTAGE SWITCHGRASS PANICUM VIRGATUM 25 VIRGINIA WILD RYE ELYMUS VIRGINICUS 25 DEER TONGUE PANICUM CLANDESTINUM 15 REOTOP AGROSTIS GIGANTEA 15 SHOWY TICKSEED BIDENS ARISTOSA 5 LANCED LEAVED COREOPSIS COREOPSIS LANCEOLATA 5 FOX SEDGE CAREX VULPINOIDEA 10 TOTAL 1 100 • APPLY 1 BALE STRAW MULCH PER EACH 1,000 SF OF DISTURBANCE. FILTER FABRIC COMPACTED FILL FLOW —� CREEK SIDE 1.5' IN. SECTION NOTES: 1. SILT FENCE SHALL BE PLACED ON STREAM SIDE OF ALL STOCKPILES. 2. SILT FENCE SHALL BE REMOVED UPON COMPLETION OF EARTHWORK. TEMPORARY SEED MIX (APPLIED WITH PERMANENT MIX) APPUCAT10N DATES COMMON NAME RATE (LB/1.ODD SF) AUGUST 15 TO MAY 1 RYE GRAIN 1.0 MAY 1 TO AUGUST 15 BROWNTOP MILLET 0.5 r3' SEED MIXES Qj NTS a a- Q w Q � o Z O o cn w Of U ry V) O m H UJ W LL Oi O U waOZ UZ O WQ _ Q ~j0 Cep =W �Q c� WO w DATE: FEB. 2015 SCALE: AS SHOWN DETAILS SHEET 7 OF 7 in co N p O p 5 w H -`Ova > co o0 ! m :E C c Z r m c x O O � >a 'lZ b' �5 , t a z m H UJ W LL Oi O U waOZ UZ O WQ _ Q ~j0 Cep =W �Q c� WO w DATE: FEB. 2015 SCALE: AS SHOWN DETAILS SHEET 7 OF 7 in co N p O p 5 w H ! fn Q Ol c co o0 ! m :E C c Z r m c x O O � >a m t m H UJ W LL Oi O U waOZ UZ O WQ _ Q ~j0 Cep =W �Q c� WO w DATE: FEB. 2015 SCALE: AS SHOWN DETAILS SHEET 7 OF 7 Gash Creek Restoration Project of .fir i N Legend IA IN, Ha - Hatboro Loam d. 0 126 250 500 Project Location Feel wrft—w-m 6. 1pgc Henderson County, r nm Lea USDA Soils Map North Carolina Figure 4 224 South Grove Street, Suite IF liendersonvilIc. North Carolina 29792 77� - 4116� ke .1107— NIM% .xV 'Ike, �'ntR Eta ♦ ♦ % lo 125 250 500 Gash Creek Restoration Project III � 0 N., POP 125 250 500 Project Location FEMA Floodplain Map Henderson County, CLearMter Map Panels 3700952900J, ;I North Carolina 224 South Grove Street, Suite F 3700952800K 14cndersonville, North Carolina 28792 Figure 6 Representative Photographs FA M-I 46- M-I Gash Creek Stabilization Project Representative Photographs Looking Upstream, Sta. 9 +00 Looking Downstream, Sta. 13 +00 Confluence Engineering, PC February 2015 Supporting Data C O t0 O n r- 0 d W Supporting Data Gash Creek Stabilization Project — Etowah, Henderson County, NC XS 1 1+60 Ground Points • Bankfull • Water Surface Indicators Points Wblf = 13 8 Dblf = ! 05 Pb)f = 25.5 Horizontal Distance (ft) XS3 8 +70 c Ground Points • Bankfull • Water Surface Indicators Points Wbhf = 16 2 DbVf = 1 97 Abkf = 32 Horizontal Distance (ft) C O m d n C O N N 1 XS2 4 +85 Ground Paints • Bankfull • Water Surface Indicators Points Wblf = 10.2 Dbtf = 2 Ablf = 20 5 Horizontal Distance (ft) XS4 10 +60 Ground Points • Bankfull • Water Surface Indicators Points Wbr•f = 11 6 Db)f = 2 33 Abkf = 27.1 Horizontal Distance (ft) Confluence Engineering, PC February 2015 Supporting Data Gash Creek Stabilization Project — Etowah, Henderson County, NC C u- U N a- bar near 12 +50 Particle Size (mm) Confluence Engineering, PC February 2015 O N O O O II V W L U U) ca V-1i (4) u01jena13 0 0 LO 9— h cu N i cn cm 0 cu U cu co 0 LL U 00 °0 w w m o ► . o + x (4) u01jena13 0 0 LO 9— h cu N i cn cm 0 cu U cu co 0 Jurisdictional Determination Information 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 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION State NC County/pansh/borough Henderson City Etowah Center coordinates of site (fat/long in degree decimal format) Lat. 35 318657° 8i, Long -82 601357° w Universal Transverse Mercator Name of nearest waterbody Gash Creek Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows French Broad Name of watershed or Hydrologic Unit Code (HUC) French Broad 06010105 ® Check if map /diagram of review area and/or potential Jurisdictional areas is/are available upon request. ® Check if other sites (e g, offstte mitigation sites, disposal sites, etc ) are associated with this action and are recorded on a different JD form D REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination Date ® Field Determination Date(s). SECTION il: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There ME "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 AM "waters of the US" within Clean Water Act (CWA) junsdiction (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): i ® TNWs, including territorial seas ® Wetlands adjacent to TNWs ® Relatively permanent waters' (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 junsdichonal 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 1,550 linear feet 2 -10 width (ft) and/or acres Wetlands acres c. Limits (boundaries) of jurisdiction based on atablisbHW_W Elevation of established OHWM (if known) 2. Non - regulated waters /wetlands (check if applicable):3 Q Potentially jurisdictional waters and /or wetlands were assessed within the review area and determined to be not jurisdictional Explain i Boxes checked below shall be supported by completing the appropriate sections in Section III below 2 For purposes of this form, an RPW is defined as a tributary that is not a 7NW and that typically flows year -round or has continuous flow at least "seasonally" (e g, typically 3 months) I Supporting documentation is presented in Section III F SECTION 111: 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.I and Section III.D.I only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.I and and Section II1.D.l.; otherwise, see Section HLB below 1. TNW Identify TNW. Summarize rationale supporting determination Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent" B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes Information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non - navigable tributaries of TNWs where the tributaries are "relatively permanent 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 III D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the 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 1H.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section HLB3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below 1. Characteristics of non -TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size Drainage area �Lfst Average annual rainfall inches Average annual snowfall inches (ii) Physical Characteristics: (a) Relationship with TNW ❑ Tributary flows directly into TNW ❑ Tributary flows through 7LPisd tributaries before entering TNW Project waters are , c1[I:ftil river miles from TNW Project waters are clk river miles from RPW Project waters arc ekLitit aerial (straight) miles from TNW Project waters are R Llat aerial (straight) miles from RPW Project waters cross or serve as state boundaries Explain Identify flow route to TNW5 Tributary stream order, if known 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West ` Flow route can be desenbLd by identifying, c 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 apply). 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 y;� ,feert- Average side slopes _i7 -JR. Primary tributary substrate composition (check all that apply) ❑ silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation Type/% cover ❑ Other Explain ❑ Concrete ❑ Muck Tributary condition/stability [e g , highly eroding, sloughing banks] Explain Presence of run/ntfle/pool complexes Explain Tributary geometry Tributary gradient (approximate average slope) % (c) Flow Tributary provides for List Estimate average number of flow events in review area/year Describe flow regime: Other information on duration and volume Surface flow isek't. Characteristics Subsurface flow List 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 ❑ ❑ 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.r 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 markmgs/charactenstics ❑ tidal gauges ❑ other (list). (iii) Chemical Characteristics: 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 inc lateral extent of CWAjunsdiction (check all that apply) Mean High Water Mark indicated by ❑ survey to available datum, ❑ physical markings, ❑ vegetation linestchanges 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 'Ibid (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 ❑ Aquatictwildlife diversity Explain findings 2 Characteristics of wetlands adjacent to non -TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics Properties Wetland size acres Wetland type. Explain Wetland quality Explain. Project wetlands cross or serve as state boundaries Explain (b) General Flow Relationship with Non -TNW Flow is Explain Surface flow is: litlt�List Characteristics Subsurface flow. L t Explain findings ❑ Dye (or other) test performed- (c) Wetland Adjacency Determination with Non -TNW ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection Explain ❑ Ecological connection Explain ❑ Separated by berm/bamer Explain- (d) Proximity (Relationship) to TNW Project wetlands are PIWIM river miles from TNW Project waters are deli 0 aerial (straight) miles from TNW Flow is from: "LW. Estimate approximate location of wetland as within the ekIast 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 known (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer Characteristics (type, average width) ❑ Vegetation type/percent cover Explain ❑ Habitat for ❑ Federally Listed species Explain findings ❑ Fish/spawn areas Explain findings ❑ Other environmentally - sensitive species Explain findings ❑ Aquatic/wildlife diversity Explain findings 3 Characteristics of all wetlands adjacent to the tributary (if an ) All wetland(s) being considered in the cumulative analysis EM Approximately ( ) acres in total are being considered in the cumulative analysis For each wetland, specify the following Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysts 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 TNW9 • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and bfecycle 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 III 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 iII D D DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY)- I 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 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year -round are junsdictional Provide data and rationale indicating that tributary is perennial Gash Creek appears as a blue line stream on the USGS Map, Tributaries have strong bed and bank and continuous flow ® 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 forjunsdictional waters in the review area (check all that apply) ® Tributary waters 1,550 linear feet 2 -10 width (ft) ® Other non - wetland waters acres Identify type(s) of waters 3. Non -RPWs8 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 111 C Provide estimates for junsdictional 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 TNWs. 0 Wetlands directly abut RPW and thus are junsdictional as adjacent wetlands 0 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 0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally " Provide data indicating that tributary seasonal in Section 111 B and rationale in Section III D 2, above Provide rationale indicating that wetland is directly abutting an RPW Provide acreage estimates forjunsdictional wetlands in the review area acres 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 arejunsidictional 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 junsdictional Data supporting this conclusion is provided at Section III.0 Provide estimates for jurisdictional wetlands in the review area acres 7. Impoundments of jurisdictional waters. As a general rule, the impoundment of a junsdictional 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 is 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 "See Footnote g 3 To complete the analysis refer to the key in Section III D 6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent eilh the process described in the Corps/EPA Memorandum Regarding CHIA Act Jurisdiction Following Rapanos. Identifv water body and summarize rationale supporting determination: Provide estimates for Junsdictional 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): Q If potential wetlands were assessed within the review area, these areas did not meet the cntena 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- lunsdictional waters to the review area, where the sole potential basis of junsdiction is the MBR factors (i e , presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional Judgment (check all that apply) ® Non - wetland waters (i C, rivers, streams) linear feet width (ft) Q Lakes/ponds acres ® Other non - wetland waters acres List type of aquatic resource ® Wetlands acres Provide acreage estimates for non -junsdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for Junsdiction (check all that apply) I* NNon - wetland waters (i e, rivers, streams) linear feet, width (ft) Lakes/ponds acres Other non - wetland waters acres List type of aquatic resour e 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 Q 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 1.24K, Horse Shoe ® USDA Natural Resources Conservation Service Soil Survey Citation Q National wetlands inventory map(s) Cite name ® State/Local wetland inventory map(s) ® FEMA/FIRM maps ® 100 -year Floodplam Elevation is (National Geodectic Vertical Datum of 1929) ® Photographs ® Aerial (Name & Date) NCCGIA, 2010 or ❑ Other (Name & Date) Previous determination(s) File no and date of response letter Applicable/supporting case law ® Applicable/supporting scientific literature Q Other information (please specify) B ADDITIONAL COMMENTS TO SUPPORT JD: JD form applies to Gash Creek and unnamed tributaries within the project area