HomeMy WebLinkAbout20240286 Ver 1_22.3002-Appendices final_20240215APPENDICES
1. Impacts Map
2. Construction Plan Set
3. NCHPO Map
4. IPAC Consultation Package
5. Preliminary Jurisdictional Determination (PJD) Request Package
6. FEMA FIRM Map Panel # 8656
APPENDIX 1
Impacts Map
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APPENDIX 2
Construction Plan Set
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APPENDIX 3
NCHPO Map
APPENDIX 4
IPAC Consultation Package
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United States Department of the Interior
FISH AND WILDLIFE SERVICE
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
Phone: (828) 258-3939 Fax: (828) 258-5330
In Reply Refer To:
Project Code: 2024-0039448
Project Name: Rhoda Street Flood Damage Repair
January 23, 2024
Subject: List of threatened and endangered species that may occur in your proposed project
location or may be affected by your proposed project
To Whom It May Concern:
The enclosed species list identifies threatened, endangered, proposed, and candidate species, as
well as proposed and final designated critical habitat, that may occur within the boundary of your
proposed project and/or may be affected by your proposed project. The species list fulfills the
requirements of the U.S. Fish and Wildlife Service (Service) under section 7(c) of the
Endangered Species Act (Act) of 1973, as amended (16 U.S.C. 1531 et seq.).
New information based on updated surveys, changes in the abundance and distribution of
species, changed habitat conditions, or other factors could change this list. Please feel free to
contact us if you need more current information or assistance regarding the potential impacts to
federally proposed, listed, and candidate species and federally designated and proposed critical
habitat. Please note that under 50 CFR 402.12(e) of the regulations implementing section 7 of the
Act, the accuracy of this species list should be verified after 90 days. This verification can be
completed formally or informally as desired. The Service recommends that verification be
completed by visiting the IPaC website at regular intervals during project planning and
implementation for updates to species lists and information. An updated list may be requested
through IPaC by completing the same process used to receive the enclosed list.
The purpose of the Act is to provide a means whereby threatened and endangered species and the
ecosystems upon which they depend may be conserved. Under sections 7(a)(1) and 7(a)(2) of the
Act and its implementing regulations (50 CFR 402 et seq.), Federal agencies are required to
utilize their authorities to carry out programs for the conservation of threatened and endangered
species and to determine whether projects may affect threatened and endangered species and/or
designated critical habitat.
A Biological Assessment is required for construction projects (or other undertakings having
similar physical impacts) that are major Federal actions significantly affecting the quality of the
human environment as defined in the National Environmental Policy Act (42 U.S.C. 4332(2)
(c)). For projects other than major construction activities, the Service suggests that a biological
ucuti.ti;u cod 2021 00 91/18
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evaluation similar to a Biological Assessment be prepared to determine whether the project may
affect listed or proposed species and/or designated or proposed critical habitat. Recommended
contents of a Biological Assessment are described at 50 CFR 402.12.
If a Federal agency determines, based on the Biological Assessment or biological evaluation, that
listed species and/or designated critical habitat may be affected by the proposed project, the
agency is required to consult with the Service pursuant to 50 CFR 402. In addition, the Service
recommends that candidate species, proposed species and proposed critical habitat be addressed
within the consultation. More information on the regulations and procedures for section 7
consultation, including the role of permit or license applicants, can be found in the "Endangered
Species Consultation Handbook" at: https://www.fws.gov/sites/default/files/documents/
endangered-species-consultation-handbook.pdf
Migratory Birds: In addition to responsibilities to protect threatened and endangered species
under the Endangered Species Act (ESA), there are additional responsibilities under the
Migratory Bird Treaty Act (MBTA) and the Bald and Golden Eagle Protection Act (BGEPA) to
protect native birds from project -related impacts. Any activity, intentional or unintentional,
resulting in take of migratory birds, including eagles, is prohibited unless otherwise permitted by
the U.S. Fish and Wildlife Service (50 C.F.R. Sec. 10.12 and 16 U.S.C. Sec. 668(a)). For more
information regarding these Acts, see Migratory Bird Permit I What We Do I U.S. Fish & Wildlife
Service (fws.gov).
The MBTA has no provision for allowing take of migratory birds that may be unintentionally
killed or injured by otherwise lawful activities. It is the responsibility of the project proponent to
comply with these Acts by identifying potential impacts to migratory birds and eagles within
applicable NEPA documents (when there is a federal nexus) or a Bird/Eagle Conservation Plan
(when there is no federal nexus). Proponents should implement conservation measures to avoid
or minimize the production of project -related stressors or minimize the exposure of birds and
their resources to the project -related stressors. For more information on avian stressors and
recommended conservation measures, see https://www.fws.gov/library/collections/threats-birds.
In addition to MBTA and BGEPA, Executive Order 13186: Responsibilities of Federal Agencies
to Protect Migratory Birds, obligates all Federal agencies that engage in or authorize activities
that might affect migratory birds, to minimize those effects and encourage conservation measures
that will improve bird populations. Executive Order 13186 provides for the protection of both
migratory birds and migratory bird habitat. For information regarding the implementation of
Executive Order 13186, please visit https://www.fws.gov/partner/council-conservation-
migratory-birds.
We appreciate your concern for threatened and endangered species. The Service encourages
Federal agencies to include conservation of threatened and endangered species into their project
planning to further the purposes of the Act. Please include the Consultation Code in the header of
this letter with any request for consultation or correspondence about your project that you submit
to our office.
Attachment(s):
■ Official Species List
2 d 7
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OFFICIAL SPECIES LIST
This list is provided pursuant to Section 7 of the Endangered Species Act, and fulfills the
requirement for Federal agencies to "request of the Secretary of the Interior information whether
any species which is listed or proposed to be listed may be present in the area of a proposed
action".
This species list is provided by:
Asheville Ecological Services Field Office
160 Zillicoa Street
Asheville, NC 28801-1082
(828) 258-3939
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PROJECT SUMMARY
Project Code: 2024-0039448
Project Name: Rhoda Street Flood Damage Repair
Project Type: Culvert Repair/Replacement/Maintenance
Project Description: The project is located in Canton, NC and involves replacement of an
undersized culvert and stabilization of eroded streambanks.
Project Location:
The approximate location of the project can be viewed in Google Maps: https://
www.google.com/maps/(a)35.5211873,-82.83347743163445,14z
P�.
Counties: Haywood County, North Carolina
ENDANGERED SPECIES ACT SPECIES
There is a total of 8 threatened, endangered, or candidate species on this species list.
Species on this list should be considered in an effects analysis for your project and could include
species that exist in another geographic area. For example, certain fish may appear on the species
list because a project could affect downstream species.
IPaC does not display listed species or critical habitats under the sole jurisdiction of NOAA
Fisheriesi, as USFWS does not have the authority to speak on behalf of NOAA and the
Department of Commerce.
See the "Critical habitats" section below for those critical habitats that lie wholly or partially
within your project area under this office's jurisdiction. Please contact the designated FWS office
if you have questions.
1. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an
office of the National Oceanic and Atmospheric Administration within the Department of
Commerce.
MAMMALS
NAME STATUS
Gray Bat Myotis grisescens Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/6329
Indiana Bat Myotis sodolis Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5949
Northern Long-eared Bat Myotis septentrionalis Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9045
Tricolored Bat Perimyotis sub flavus Proposed
No critical habitat has been designated for this species. Endangered
Species profile: https://ecos.fws.gov/ecp/species/10515
CLAMS
NAME STATUS
Appalachian Elktoe Alasmidonta raveneliana Endangered
There is final critical habitat for this species. Your location does not overlap the critical habitat.
Species profile: https://ecos.fws.gov/ecp/species/5039
5 off7
INSECTS
NAME STATUS
Monarch Butterfly Danaus plexippus Candidate
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/9743
FLOWERING PLANTS
NAME STATUS
Small Whorled Pogonia Isotria medeoloides Threatened
Population:
No critical habitat has been designated for this species.
Species profile: htips://ecos.fws.gov/ecp/species/1890
LICHENS
NAME STATUS
Rock Gnome Lichen Gymnoderma lineore Endangered
No critical habitat has been designated for this species.
Species profile: https://ecos.fws.gov/ecp/species/3933
CRITICAL HABITATS
THERE ARE NO CRITICAL HABITATS WITHIN YOUR PROJECT AREA UNDER THIS OFFICE'S
JURISDICTION.
YOU ARE STILL REQUIRED TO DETERMINE IF YOUR PROJECT(S) MAY HAVE EFFECTS ON ALL
ABOVE LISTED SPECIES.
6 o�
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IPAC USER CONTACT INFORMATION
Agency: McGill Associates, P.A.
Name: Jonathan Herman
Address: 1240 19th Street Lane NW
City:
Hickory
State:
NC
Zip:
28601
Email
jonathan.herman@mcgillassociates.com
Phone:
8283282024
7d
APPENDIX 5
Preliminary Jurisdictional Determination (PJD) Request Package
urisdictional Determination Reauest
Ids Army Corps.
of Engineers.
Mmicnglon Disind
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project
manager of the county in which the property is located. A current list of project managers by
assigned counties can be found on-line at:
http: //www. saw. usace. army. mil/Mi ssions/RegulatoryPermitProgram/Contact/CounlyLocator. asps
by calling 910-251-4633, or by contacting any of the field offices listed below. Once your
request is received you will be contacted by a Corps project manager.
ASHEVILLE & CHARLOTTE REGULATORY
FIELD OFFICES
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828)271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
INSTRUCTIONS:
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-4610
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
All requestors must complete Parts A, B, C, D, E, F and G.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part H.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that
all JD requests must include the current property owner authorization for the Corps to
proceed with the determination, which may include inspection of the property when
necessary. This form must be signed by the current property owner(s) or the owner(s)
authorized agent to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for
JD requests associated with North Carolina Department of Transportation (NCDOT)
projects will be conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD
may not be valid for the wetland conservation provisions of the Food Security Act of
1985. If you or your tenant are USDA Program participants, or anticipate participation in
USDA programs, you should also request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
Version: May 2017 Page I
Jurisdictional Determination Request
A. PARCEL INFORMATION
Street Address: Located off Rhoda Street
City, State:
Canton, North Carolina 28716
County: Haywood
Parcel Index Number(s) (PIN): N/A - Drainage Easement
B. REQUESTOR INFORMATION
Name: Jonathan Herman
Mailing Address: 1240 19th Street Lane NW
Hickory, NC 28601
Telephone Number: 828-328-2024
Electronic Mail Address: Jonathan.herman@mcgillassociates.com
Select one:
I am the current property owner.
W] I am an Authorized Agent or Environmental Consultant'
Interested Buyer or Under Contract to Purchase
Other, please explain.
C. PROPERTY OWNER INFORMATION
Name: Town of Canton
Mailing Address: 85 Summer Street
Canton, North Carolina 28716
Telephone Number: 828-648-2363
Electronic Mail Address: nscheuer@cantonnc.com
' Must provide completed Agent Authorization Form/Letter.
z Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record).
Version: May 2017 Page 2
Jurisdictional Determination Request
D. PROPERTY ACCESS CERTIFICATION',4
By signing below, I authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Jonathan Herman
Print Name
Capacity: ❑ Owner ❑✓ Authorized Agents
1 /23/2024
Date
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a projector perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources under Corps authority.
I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
❑✓ I intend to construct/develop a project or perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my permit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
❑ A Corps JD is required in order obtain my local/state authorization.
LoI intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
❑ I believe that the site may be comprised entirely of dry land.
❑ Other:
3 For NCDOT requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
s Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
Jurisdictional Determination Request
F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One)
✓❑ I am requesting that the Corps provide a preliminary JD for the property identified herein.
A Preliminary Jurisdictional Determination (PJD) provides an indication that there may
be "waters of the United States" or "navigable waters of the United States"on a property.
PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all
waters and wetlands on the property will be treated as if they are jurisdictional "waters of
the United States". PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is
"preliminary" in the sense that an approved JD can be requested at any time. PJDs do
not expire.
❑ I am requesting that the Corps provide an approved JD for the property identified herein.
An Approved Jurisdictional Determination (AJD) is a determination that
jurisdictional "waters of the United States" or "navigable waters of the United
States" are either present or absent on a site. An approved JD identifies the limits of
waters on a site determined to be jurisdictional under the Clean Water Act and/or
Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit
decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be
posted on the Corps website. A landowner, permit applicant, or other "affected
party" (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years
(subject to certain limited exceptions explained in Regulatory Guidance Letter 05-
02).
❑ I am unclear as to which JD I would like to request and require additional information
to inform my decision.
G. ALL REQUESTS
Map of Property or Project Area. This Map must clearly depict the boundaries of the
I I review area.
Size of Property or Review Area 0.39 acres.
❑ The property boundary (or review area boundary) is clearly physically marked on the site.
Version: May 2017 Page 4
Jurisdictional Determination Request
H. REQUESTS FROM CONSULTANTS
W] Project Coordinates (Decimal Degrees): Latitude: 35.5212
Longitude:-82.8335
A legible delineation map depicting the aquatic resources and the property/review area.
Delineation maps must be no larger than 1 Ix 17 and should contain the following: (Corps
signature of submitted survey plats will occur after the submitted delineation map has been
reviewed and approved).'
■ North Arrow
■ Graphical Scale
■ Boundary of Review Area
■ Date
■ Location of data points for each Wetland Determination Data Form or tributary
assessment reach.
For Approved Jurisdictional Determinations:
Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404
wetlands, etc. Please include the acreage of these features.
Jurisdictional non -wetland features (i.e. tidal/navigable waters, tributaries,
impoundments) should be labeled as Non -Wetland Waters of the US, stream, tributary,
open water, relatively permanent water, pond, etc. Please include the acreage or linear
length of each of these features as appropriate.
Isolated waters, waters that lack a significant nexus to navigable waters, or non -
jurisdictional upland features should be identified as Non -Jurisdictional. Please
include a justification in the label regarding why the feature is non jurisdictional (i.e.
"Isolated", "No Significant Nexus", or "Upland Feature"). Please include the acreage
or linear length of these features as appropriate.
For Preliminary Jurisdictional Determinations:
Wetland and non -wetland features should not be identified as Jurisdictional, 404,
Waters of the United States, or anything that implies jurisdiction. These features can be
identified as Potential Waters of the United States, Potential Non -wetland Waters of
the United States, wetland, stream, open water, etc. Please include the acreage and
linear length of these features as appropriate.
F] Completed Wetland Determination Data Forms for appropriate region
(at least one wetland and one upland form needs to be completed for each wetland type)
6 Please refer to the guidance document titled "Survey Standards for Jurisdictional Determinations" to ensure that the
supplied map meets the necessary mapping standards. b=://www.saw.usace.army.mil/Missions/Regulatoa-Permit-
Pro eram4misdiction/
Version: May 2017 Page 5
Jurisdictional Determination Request
Completed appropriate Jurisdictional Determination form
• PJDs, please complete a Preliminary Jurisdictional Determination Form' and include the
Aquatic Resource Table
• AJDs, please complete an Approved Jurisdictional Determination Form'
A Vicinity Map
Aerial Photograph
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
W] Landscape Photos (if taken)
NCSAM and/or NCWAM Assessment Forms and Rating Sheets
NC Division of Water Resources Stream Identification Forms
Other Assessment Forms
www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL 08-02 App A Prelim JD Fonn fillable.pdf
' Please see http://www.saw.usace.army.mil/Missions/Regulatoa-Permit-Program/Juiisdiction/
Principal Purpose: The information that you provide will be used in evaluating your request to determine
whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory
authorities referenced above.
Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local
government agencies, and the public, and may be made available as part of a public notice as required by federal
law. Your name and property location where federal jurisdiction is to be determined will be included in the
approved jurisdictional determination (AJD), which will be made available to the public on the District's website
and onthe Headquarters USAGE website.
Disclosure: Submission of requested information isvoluntary; however, if information is not provided, the
request for an AJD cannot be evaluated nor can an AJD be issued.
Version: May 2017 Page 6
I vim,
E,�Ihapiny
mcgill, 191
F.0101 Q i C-1111111 0101
PROJECT NAME. Rhpb 219d Fled rage 99W
PROPERTY LEGAL DESCRIPTION. N/A --p
PARCEL ID, NIA,- Orainzqge Easemeryt
STREET ADDRE55: NYA .... . .... n
Property/Easement. Owner: Jg_vgj_qLCAqtg_i2i
'Prop erty/Fasemeet Owner Representative,,
Representative Title: IPM Ml.arr.g, t
The undersigned do hereby autkrize;
Ajgx Lmderrnilk jpInalhan H
(Contractor i Agent) (Narne of consulting f1i
to act on my behalf and III alil actions necessarV for the processing, issuance and acceptance of III permit or
certification and any and allf standard and special conditioms attached,"
Representative's Address (if different than property above):
K3-tj—M—M-e-r3Ue1P-t
Canton, North Carollina,28716
We hereby certlify the above information submitted in this, application is true and accurate to, the best Df our
knowledge,
Authorized Signature
1 11 1191111 1 11 � 0 � I
Date r I
M,(11C,,11 III nASS(lif", I A. FS1?40 r9I i SAAFF I'll AINIF WW, HICKORY, I�JC )P601 / a,') nrLUH: ?0)4 /hACCA 6 ASW(1IATFAC0IA
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 1 /30/2024
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Jonathan Herrman, McGill Associates P.A., 1240 19th Street Lane NW Hickory, NO 28601
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Haywood City: Canton
Center coordinates of site (lat/long in degree decimal format):
Lat.: 35.5212 Long.:-82.8335
Universal Transverse Mercator:
Name of nearest waterbody: UT -Pigeon River
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
0 Office (Desk) Determination. Date: 1 /24/2024
0 Field Determination. Date(s): 1 /23/2024
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (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)
si-
REACH 1
35.5216
-82.8340
115 L.F.
Non -Wetland Waters
404
S
REACCH 2
35.5214
-82.8337
48 L.F.
Culvert
404
si-
REACH 3
35.5211
-82.8334
271 L. F.
Non -Wetland Waters
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD or a PJD, the JD will be processed
as soon as practicable. Further, an AJD, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJD to accomplish that result, as soon as is practicable. This PJD finds
that there "may be"waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (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 the PJD requestor:
Map:Location, Soil, USGS, Delineation
❑ Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ Office concurs with data sheets/delineation report.
❑ Office does not concur with data sheets/delineation report. Rationale:
❑ 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: Canton, NC 1=500'
❑■ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ State/local wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑■ Photographs: ■❑ Aerial (Name & Date): 1/1/2019 - NC OneMap
or ■❑ Other (Name & Date): 1 /23/2024
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
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.
Signature and date of
Regulatory staff member
completing PJD
Signatu a and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
' Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.
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USDA United States
Department of
Agriculture
Natural
Resources
Conservation
Service
A product of the National
Cooperative Soil Survey,
a joint effort of the United
States Department of
Agriculture and other
Federal agencies, State
agencies including the
Agricultural Experiment
Stations, and local
participants
Custom Soil Resource
Report for
Haywood County
Area, North
Carolina
Rhoda St. Flood Damage Repair
January 23, 2024
Preface
Soil surveys contain information that affects land use planning in survey areas.
They highlight soil limitations that affect various land uses and provide information
about the properties of the soils in the survey areas. Soil surveys are designed for
many different users, including farmers, ranchers, foresters, agronomists, urban
planners, community officials, engineers, developers, builders, and home buyers.
Also, conservationists, teachers, students, and specialists in recreation, waste
disposal, and pollution control can use the surveys to help them understand,
protect, or enhance the environment.
Various land use regulations of Federal, State, and local governments may impose
special restrictions on land use or land treatment. Soil surveys identify soil
properties that are used in making various land use or land treatment decisions.
The information is intended to help the land users identify and reduce the effects of
soil limitations on various land uses. The landowner or user is responsible for
identifying and complying with existing laws and regulations.
Although soil survey information can be used for general farm, local, and wider area
planning, onsite investigation is needed to supplement this information in some
cases. Examples include soil quality assessments (http://www.nres.usda.gov/wps/
portal/nres/main/soils/health/) and certain conservation and engineering
applications. For more detailed information, contact your local USDA Service Center
(https:Hoffices.sc.egov.usda.gov/locator/app?agency=nres) or your NRCS State Soil
Scientist (http://www.nres.usda.gov/wps/portal/nres/detail/soils/contactus/?
cid=nres142p2_053951).
Great differences in soil properties can occur within short distances. Some soils are
seasonally wet or subject to flooding. Some are too unstable to be used as a
foundation for buildings or roads. Clayey or wet soils are poorly suited to use as
septic tank absorption fields. A high water table makes a soil poorly suited to
basements or underground installations.
The National Cooperative Soil Survey is a joint effort of the United States
Department of Agriculture and other Federal agencies, State agencies including the
Agricultural Experiment Stations, and local agencies. The Natural Resources
Conservation Service (NRCS) has leadership for the Federal part of the National
Cooperative Soil Survey.
Information about soils is updated periodically. Updated information is available
through the NRCS Web Soil Survey, the site for official soil survey information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its
programs and activities on the basis of race, color, national origin, age, disability,
and where applicable, sex, marital status, familial status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal, or because all or a
part of an individual's income is derived from any public assistance program. (Not
all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille, large print,
audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice
and TDD). To file a complaint of discrimination, write to USDA, Director, Office of
Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or
call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity
provider and employer.
Contents
Preface....................................................................................................................
2
SoilMap..................................................................................................................
5
SoilMap................................................................................................................6
Legend..................................................................................................................7
MapUnit Legend..................................................................................................
8
MapUnit Descriptions..........................................................................................
8
Haywood County Area, North Carolina...........................................................10
DuC—Dillsboro-Urban land complex, 2 to 15 percent slopes.....................10
HeD—Hayesville-Urban land complex, 15 to 30 percent slopes.................11
Soil Information for All Uses...............................................................................13
Suitabilities and Limitations for Use....................................................................13
Land Classifications........................................................................................13
Hydric Rating by Map Unit...........................................................................13
Soil Map
The soil map section includes the soil map for the defined area of interest, a list of
soil map units on the map and extent of each map unit, and cartographic symbols
displayed on the map. Also presented are various metadata about data used to
produce the map, and a description of each soil map unit.
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Custom Soil Resource Report
Map Unit Legend
Map Unit Symbol
Map Unit Name
Acres in AOI
Percent of AOI
DuC
Dillsboro-Urban land complex, 2
to 15 percent slopes
0.3
90.3%
HeD
Hayesville-Urban land complex,
15 to 30 percent slopes
0.0
9.7%
Totals for Area of Interest
0.3
100.0%
Map Unit Descriptions
The map units delineated on the detailed soil maps in a soil survey represent the
soils or miscellaneous areas in the survey area. The map unit descriptions, along
with the maps, can be used to determine the composition and properties of a unit.
A map unit delineation on a soil map represents an area dominated by one or more
major kinds of soil or miscellaneous areas. A map unit is identified and named
according to the taxonomic classification of the dominant soils. Within a taxonomic
class there are precisely defined limits for the properties of the soils. On the
landscape, however, the soils are natural phenomena, and they have the
characteristic variability of all natural phenomena. Thus, the range of some
observed properties may extend beyond the limits defined for a taxonomic class.
Areas of soils of a single taxonomic class rarely, if ever, can be mapped without
including areas of other taxonomic classes. Consequently, every map unit is made
up of the soils or miscellaneous areas for which it is named and some minor
components that belong to taxonomic classes other than those of the major soils.
Most minor soils have properties similar to those of the dominant soil or soils in the
map unit, and thus they do not affect use and management. These are called
noncontrasting, or similar, components. They may or may not be mentioned in a
particular map unit description. Other minor components, however, have properties
and behavioral characteristics divergent enough to affect use or to require different
management. These are called contrasting, or dissimilar, components. They
generally are in small areas and could not be mapped separately because of the
scale used. Some small areas of strongly contrasting soils or miscellaneous areas
are identified by a special symbol on the maps. If included in the database for a
given area, the contrasting minor components are identified in the map unit
descriptions along with some characteristics of each. A few areas of minor
components may not have been observed, and consequently they are not
mentioned in the descriptions, especially where the pattern was so complex that it
was impractical to make enough observations to identify all the soils and
miscellaneous areas on the landscape.
The presence of minor components in a map unit in no way diminishes the
usefulness or accuracy of the data. The objective of mapping is not to delineate
pure taxonomic classes but rather to separate the landscape into landforms or
landform segments that have similar use and management requirements. The
delineation of such segments on the map provides sufficient information for the
development of resource plans. If intensive use of small areas is planned, however,
Custom Soil Resource Report
onsite investigation is needed to define and locate the soils and miscellaneous
areas.
An identifying symbol precedes the map unit name in the map unit descriptions.
Each description includes general facts about the unit and gives important soil
properties and qualities.
Soils that have profiles that are almost alike make up a soil series. Except for
differences in texture of the surface layer, all the soils of a series have major
horizons that are similar in composition, thickness, and arrangement.
Soils of one series can differ in texture of the surface layer, slope, stoniness,
salinity, degree of erosion, and other characteristics that affect their use. On the
basis of such differences, a soil series is divided into soil phases. Most of the areas
shown on the detailed soil maps are phases of soil series. The name of a soil phase
commonly indicates a feature that affects use or management. For example, Alpha
silt loam, 0 to 2 percent slopes, is a phase of the Alpha series.
Some map units are made up of two or more major soils or miscellaneous areas.
These map units are complexes, associations, or undifferentiated groups.
A complex consists of two or more soils or miscellaneous areas in such an intricate
pattern or in such small areas that they cannot be shown separately on the maps.
The pattern and proportion of the soils or miscellaneous areas are somewhat similar
in all areas. Alpha -Beta complex, 0 to 6 percent slopes, is an example.
An association is made up of two or more geographically associated soils or
miscellaneous areas that are shown as one unit on the maps. Because of present
or anticipated uses of the map units in the survey area, it was not considered
practical or necessary to map the soils or miscellaneous areas separately. The
pattern and relative proportion of the soils or miscellaneous areas are somewhat
similar. Alpha -Beta association, 0 to 2 percent slopes, is an example.
An undifferentiated group is made up of two or more soils or miscellaneous areas
that could be mapped individually but are mapped as one unit because similar
interpretations can be made for use and management. The pattern and proportion
of the soils or miscellaneous areas in a mapped area are not uniform. An area can
be made up of only one of the major soils or miscellaneous areas, or it can be made
up of all of them. Alpha and Beta soils, 0 to 2 percent slopes, is an example.
Some surveys include miscellaneous areas. Such areas have little or no soil
material and support little or no vegetation. Rock outcrop is an example.
Custom Soil Resource Report
Haywood County Area, North Carolina
DuC—Dillsboro-Urban land complex, 2 to 15 percent slopes
Map Unit Setting
National map unit symbol. Ibyh
Elevation: 1,200 to 2,000 feet
Mean annual precipitation: 45 to 70 inches
Mean annual air temperature: 46 to 57 degrees F
Frost -free period: 100 to 150 days
Farmland classification: Not prime farmland
Map Unit Composition
Dillsboro and similar soils: 70 percent
Urban land: 25 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Dillsboro
Setting
Landform: Fans, stream terraces
Landform position (two-dimensional): Summit, shoulder, backslope
Landform position (three-dimensional): Tread
Down -slope shape: Linear
Across -slope shape: Convex
Parent material: Old alluvium and/or old colluvium derived from igneous and
metamorphic rock
Typical profile
Ap - 0 to 10 inches: loam
Bt1 - 10 to 15 inches: clay
Bt2 - 15 to 43 inches: sandy clay loam
2BC - 43 to 87 inches: cobbly sandy clay loam
Properties and qualities
Slope: 2 to 15 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Runoff class: Medium
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: Moderate (about 7.4 inches)
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 3e
Hydrologic Soil Group: B
Ecological site: F130BY010WV - Terraces
Hydric soil rating: No
10
Custom Soil Resource Report
Description of Urban Land
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 8
Hydric soil rating: No
HeD—Hayesville-Urban land complex, 15 to 30 percent slopes
Map Unit Setting
National map unit symbol. IbzO
Elevation: 1,200 to 3,500 feet
Mean annual precipitation: 35 to 61 inches
Mean annual air temperature: 46 to 57 degrees F
Frost -free period: 130 to 180 days
Farmland classification: Not prime farmland
Map Unit Composition
Hayesville and similar soils: 50 percent
Urban land: 30 percent
Estimates are based on observations, descriptions, and transects of the mapunit.
Description of Hayesville
Setting
Landform: Mountain slopes, ridges
Landform position (two-dimensional): Summit, backslope
Landform position (three-dimensional): Upper third of mountainflank, side slope
Down -slope shape: Convex
Across -slope shape: Linear
Parent material: Residuum weathered from igneous and metamorphic rock
Typical profile
Ap - 0 to 6 inches: clay loam
Bt - 6 to 33 inches: clay loam
BC - 33 to 45 inches: loam
C - 45 to 80 inches: fine sandy loam
Properties and qualities
Slope: 15 to 30 percent
Depth to restrictive feature: More than 80 inches
Drainage class: Well drained
Runoff class: High
Capacity of the most limiting layer to transmit water (Ksat): Moderately high to high
(0.57 to 1.98 in/hr)
Depth to water table: More than 80 inches
Frequency of flooding: None
Frequency of ponding: None
Available water supply, 0 to 60 inches: High (about 9.7 inches)
11
Custom Soil Resource Report
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 4e
Hydrologic Soil Group: B
Ecological site: F130BY007VVV - Low Mountain Mesic Residuum
Hydric soil rating: No
Description of Urban Land
Interpretive groups
Land capability classification (irrigated): None specified
Land capability classification (nonirrigated): 8
Hydric soil rating: No
12
Soil Information for All Uses
Suitabilities and Limitations for Use
The Suitabilities and Limitations for Use section includes various soil interpretations
displayed as thematic maps with a summary table for the soil map units in the
selected area of interest. A single value or rating for each map unit is generated by
aggregating the interpretive ratings of individual map unit components. This
aggregation process is defined for each interpretation.
Land Classifications
Land Classifications are specified land use and management groupings that are
assigned to soil areas because combinations of soil have similar behavior for
specified practices. Most are based on soil properties and other factors that directly
influence the specific use of the soil. Example classifications include ecological site
classification, farmland classification, irrigated and nonirrigated land capability
classification, and hydric rating.
Hydric Rating by Map Unit
This rating indicates the percentage of map units that meets the criteria for hydric
soils. Map units are composed of one or more map unit components or soil types,
each of which is rated as hydric soil or not hydric. Map units that are made up
dominantly of hydric soils may have small areas of minor nonhydric components in
the higher positions on the landform, and map units that are made up dominantly of
nonhydric soils may have small areas of minor hydric components in the lower
positions on the landform. Each map unit is rated based on its respective
components and the percentage of each component within the map unit.
The thematic map is color coded based on the composition of hydric components.
The five color classes are separated as 100 percent hydric components, 66 to 99
percent hydric components, 33 to 65 percent hydric components, 1 to 32 percent
hydric components, and less than one percent hydric components.
In Web Soil Survey, the Summary by Map Unit table that is displayed below the
map pane contains a column named 'Rating'. In this column the percentage of each
map unit that is classified as hydric is displayed.
13
Custom Soil Resource Report
Hydric soils are defined by the National Technical Committee for Hydric Soils
(NTCHS) as soils that formed under conditions of saturation, flooding, or ponding
long enough during the growing season to develop anaerobic conditions in the
upper part (Federal Register, 1994). Under natural conditions, these soils are either
saturated or inundated long enough during the growing season to support the
growth and reproduction of hydrophytic vegetation.
The NTCHS definition identifies general soil properties that are associated with
wetness. In order to determine whether a specific soil is a hydric soil or nonhydric
soil, however, more specific information, such as information about the depth and
duration of the water table, is needed. Thus, criteria that identify those estimated
soil properties unique to hydric soils have been established (Federal Register,
2002). These criteria are used to identify map unit components that normally are
associated with wetlands. The criteria used are selected estimated soil properties
that are described in "Soil Taxonomy" (Soil Survey Staff, 1999) and "Keys to Soil
Taxonomy" (Soil Survey Staff, 2006) and in the "Soil Survey Manual' (Soil Survey
Division Staff, 1993).
If soils are wet enough for a long enough period of time to be considered hydric,
they should exhibit certain properties that can be easily observed in the field. These
visible properties are indicators of hydric soils. The indicators used to make onsite
determinations of hydric soils are specified in "Field Indicators of Hydric Soils in the
United States" (Hurt and Vasilas, 2006).
References:
Federal Register. July 13, 1994. Changes in hydric soils of the United States.
Federal Register. September 18, 2002. Hydric soils of the United States.
Hurt, G.W., and L.M. Vasilas, editors. Version 6.0, 2006. Field indicators of hydric
soils in the United States.
Soil Survey Division Staff. 1993. Soil survey manual. Soil Conservation Service.
U.S. Department of Agriculture Handbook 18.
Soil Survey Staff. 1999. Soil taxonomy: A basic system of soil classification for
making and interpreting soil surveys. 2nd edition. Natural Resources Conservation
Service. U.S. Department of Agriculture Handbook 436.
Soil Survey Staff. 2006. Keys to soil taxonomy. 10th edition. U.S. Department of
Agriculture, Natural Resources Conservation Service.
14
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Table—Hydric Rating by Map Unit
Map unit symbol
Map unit name
Rating
Acres in AOI
Percent of AOI
DuC
Dillsboro-Urban land
complex, 2 to 15
percent slopes
0
0.3
90.3%
HeD
Hayesville-Urban land
complex, 15 to 30
percent slopes
0
0.0
9.7%
Totals for Area of Interest
0.3
100.0%
Rating Options—Hydric Rating by Map Unit
Aggregation Method: Percent Present
Component Percent Cutoff.- None Specified
Tie -break Rule: Lower
17
Photo One: View looking northwest at stream
Reach 2. Note erosion along banks.
Photo Three: View looking southeast at stream
Reach 1. Road culvert is in background.
C3
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Photo Two: View looking southeast at stream
Reach 2. Note existing erosion along right bank.
Photo Four: View looking south at stream Reach
1. Note existing gabion wall along right bank.
DATE
1/29/2024
RHODA STREET
FLOOD DAMAGE REPAIR
SHEET
mcgill
8-18:« y e a 4W
�I d!n'g, Nc?r'DD I
PROJECT #
22.03002
TOWN
OF
CAN
TO
N
PH OTOSHEET
rvc: F"" a e,-ex cc
M.gi1—ooiaY-..M
PROJECT MANAGER
M. HANSON
HAYWOOD COUNTY, NORTH CAROLINA
NC DWO Stre-nnl THRntiNv,-tHnn 17nv— �' 1 I 1
note, l
20414
ProjacilSite: ,1
�'ta�rq �,
°,
Latit,d�
Evaluator:
I County:
Longitude,
Total Points: 7 (,
at j `I
bite:
Stream Determination (cir nzj
Ephemeral
Other
ffzStr19 mareis
wl
if? i9 or per=nnial if � 3r1 "
of
Intermittent erenn I
a 1
�.g Quad i lame,
A, Ueomorpholo y (Subtotal = t f -
1"Continuity of channel bed and bank
Absent
0
Mak
1
Moderate
Strong
3
2. Sinuosity of channel along thalviag
0
1
2
3
3, In -channel structure: ex. riffle -pool, slap-paol,
ripple -pool sequence
0
1
2
3
4. Particle size of stream substrata
0
1
2
3
5. Activelrelict floodpl&
0
I 1
2
3
6. Oeoositional bars or benches
I 0
I 1
Il 2
3
7. Recent alluvial deposits
I 0
1
3
S. Headcuts
0
2
3
9, Grade control
0
0.5
10. Natural valley
0
0.5
: _i-
1.5
11, Second or greater order channel
J:t_L__ -
No
II[ 111pIlUdl
B. H drolo Subtotal W j�
\
p,���
12, Presence of Baseflow
0
1
2
13, Iron oxidizing bacteria
1
2
3
14. Lear War
1,5
1
0.6
0
15, Sediment on plants or debris
0
0.5
1.5
16. Organic debris lines or plies
0
17. Soil -based evidence of high treater table?
No
= 0
C BiOlo y (Subtotai
a
18, Fibrous roots in streambed
2
1
0
19. Hooted upland plants in streambed
�3
1
0
20. Macrobenthos (note diversity and abundance)
0
2
21. Aquatic Mdusks
3
22. Flsi
0
1
2
3
23, Cratffish
0,5
1
1
1.5
1.5
24. Amphibians
0
5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants,in streambed F— Y1= OBL = 1.5 Other = 0
tperYnnial streams may also be identiried using other methods. Sae p. 35 of manual.
Notes:
Sketch;
APPENDIX 6
FEMA FIRM Map Panel # 8656
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