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HomeMy WebLinkAbout20151150 Ver 1_401 Application_20151115CLearW,,, aLer C1earVVater Environmental Consultants, Inc. www.cwenv.com October 29, 2015 Mr. David Brown PAD US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801 -2638 Ms. Karen Higgins NC DWR, 401 & Buffer Permitting Unit 512 North Salisbury Street, 9h Floor Raleigh, North Carolina 27604 RE: Pardee Memorial Hospital ( +/- 3 Acres) Nationwide Permit 39 Application Henderson County, North Carolina Dear Mr. Brown and Ms. Higgins, 20151150 The attached Pre - Construction Notification (PCN) is being submitted on behalf of Henderson County represented by Mr. Marcus Jones. The project site is located off North Oak Street in Henderson County, North Carolina. Henderson County is seeking a Nationwide Permit 39 for the construction of a parking lot and installation of a sewer line. A copy of this package has been sent to Ms. Andrea Leslie of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the U.S. Fish and Wildlife Service for review. A copy of this application has also been submitted to Mr. Zan Price of the N.C. Division of Water Resources, Asheville Regional Office. Please do not hesitate to contact me at 828 - 698 -9800 if you have any questions or comments. Sincerely, 76� Kevin Mitchell Biologist Copy Fumished: NC Wildlife Resources Commission — Andrea Leslie US Fish and Wildlife Service — Bryan Tompkins NC Division of Water Resources, Asheville — Zan Price 32 Clayton Street Asheville, NC 28801 828- 698 -9800 Tel R. a ent Riddle j Principal Preliminary ORM Data Entry Fields for New Actions SAW — 201 - BEGIN DATE [Received Date]: Prepare file folder F-1 Assign Action ID Number in ORM 1. Project Name [PCN Form A2a): Pardee Memorial Hospital 2. Work Type: Private R institutional Government Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The project includes the construction of a parking lot and installation of a new sewer line ,for Pardee Memorial Hospital. 4. Property Owner / Applicant [PCN Form A3 or A41: Henderson County 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: ClearWater Environmental Consultants 6. Related Action ID Number(s) [PCN Form 135b]: N/A 7. Project Location - Coordinates, Street Address, and /or Location Description [PCN Form 131b]: 35.320654, - 82.469456; Site is located off North Oak Street in Hendersonville, NC. 8. Project Location -Tax Parcel ID [PCN Form 131a]: 9568 -59 -1656 9. Project Location —County [PCN Form A2b]: Henderson 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Hendersonville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Unnamed Tributaries t0 Britton Creek 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 62c]: French Broad /06010105 Authorization: Section 10 F� Section 404 17 Section 10 & 404 Regulatory Action Type: Standard Permit Pre - Application Request ✓ Nationwide Permit # 39 Unauthorized Activity Regional General Permit # Compliance Jurisdictional Determination Request F_� No Permit Required Revised 20150602 Ater 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 1, the current landowner /managing partner of the property identified below, hereby authorize Cleat-Water 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: Henderson County Property Owner of Address: 1 Historic Courthouse Sq Hendersonville, NC 28792 Phone Number: 828 697 -4809 Property Location: Conner Ave, Hendersonville NC Owner/Managing Partner Printed Name: Marcus A. Jones Owner/Managing Partner Signature: _ &� D-� on. xu Ioa7 iawoi a,oc Date: 224 South Grove Street, Suite F Hendersonville, NC 28792 Phone: 828 - 698 -9800 www.cwenv.com Parcel Information Henderson County, NC Tax Parcel Report Wednesday, October 14, 2015 _ • nr 1 1 4 I rm i •w rr no r1 71t 91 91 lot F--7-.1 971 � eoe t w - ! m 917. HendersoriCounty WARNING: THIS IS NOT A SURVEY. Geographic Information Systems (GIS) 200 North Grove Street All Informabon or data provided (whether subu robed, purchased or otherwise distributed) is provided as is, wdhoul any Hendersonville, NC 29792 warranties, Including the wananbes of merdhantab9lty or of Mass for a particular purpose. Henderson County and its R (029) 99&5124 employees make no warranties or guarantees, adhher express or implied. Use of the information or date subscribed, F (929) 999 -5122 purchased or otherwise dlsbibuied, whether in hard copy or d9tal macho, shall be at he user's own nak. WARNING: THIS IS NOT A SURVEY rPnrcellrtromlefbn''`_1 Parcel Number. 9946583 Pin: 9568591656 Listed to: HENDERSON COUNTY Neighborhood: HOSPITAL AREA Mailing Address: 800 N JUSTICE ST Township: Hendersonville Mailing City, State, Zip: HENDERSONVILLE, NC Municipality: HENDERSONVILLE 28791 Physical Address: 0 NO ADDRESS ASSIGNED Fire District: Deed: 1620/591 Plat: Not Available Date Recorded: 06/19/2015 Elementary School District: BRUCE DRYSDALE Revenue Stamps: 600 Middle School District: ME DD NDERSONVILLE Property Description: Lot # CONNOR AVE High School District: HENDERSONVILLE HIGH Soil: Hayesville loam, 7 to 15 Map Sheet 9568.07 percent slopes Assessed Acreage: 2.7200 Voting Precinct: Hendersonville 1 Building Value: $0.00 Commissioner District 3 Land Value: $94,800.00 Agricultural District None Found Value To Be Billed: $0.00 HendersoriCounty WARNING: THIS IS NOT A SURVEY. Geographic Information Systems (GIS) 200 North Grove Street All Informabon or data provided (whether subu robed, purchased or otherwise distributed) is provided as is, wdhoul any Hendersonville, NC 29792 warranties, Including the wananbes of merdhantab9lty or of Mass for a particular purpose. Henderson County and its R (029) 99&5124 employees make no warranties or guarantees, adhher express or implied. Use of the information or date subscribed, F (929) 999 -5122 purchased or otherwise dlsbibuied, whether in hard copy or d9tal macho, shall be at he user's own nak. O�0� W A 7' fg h r Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Pre- Construction Notification PC Form A. AppHeant Information 1. Processing 1a. Type(s) of approval sought from the Corps: ® Section 404 Permit ❑Section 10 Permit 1b. Specify Nationwide Permit (NWP) number: 39 or General Permit (GP) number: 1c. Has the NWP or GP number been verified by the Corps? ❑Yes ® No 1d. Type(s) of approval sought from the DWQ (check all that apply): ® 401 Water Quality Certification — Regular ❑ Non -404 Jurisdictional General Permit ❑ 401 Water Quality Certification — Express ❑ Riparian Buffer Authorization le. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: ❑ Yes ® No For the record only for Corps Permit: ❑ Yes ® No 1 f. 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 in4leu fee program. ❑ Yes ® No 1g. Is the project located in any of NC's twenty coastal counties. if yes, answer 1 h below. ❑ Yes ® No 1h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? ❑ Yes ® No 2. Project Information 2a. Name of project: Pardee Memorial Hospital 2b. County: Henderson 2c. Nearest municipality / town: Hendersonville 2d. Subdivision name: N/A 2e. NCDOT only, T.I.P. or state project no: N/A 3. Owner Information 3a. Name(s) on Recorded Deed; Henderson County 3b. Deed Book and Page No. 1620/591 3c. Responsible Party (for LLC if applicable): Marcus Jones 3d. Street address: 1 Historic Courthouse Square 3e. City, state, zip: Hendersonville, NC 28792 3f. Telephone no.: 828 -697 -4809 3g. Fax no.: N/A 3h. Email address: majones @hendersoncounty.org Page 1 of 10 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): CiearWater Environmental Consultants, Inc. 5c. Street address: 32 Clayton Street 5d. City, state, zip: Asheville, NC 28801 5e. Telephone no.: 828 -698 -9800 5f. Fax no.: n/a 5g. Email address: clement @cwenv.com Page 2 of 10 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): 9568591656 1b. Site coordinates (in decimal degrees): Latitude: 35.320654 Longitude: - 82.469456 (DD.DDDDDD) (- DD.DDDDDD) 1c. Property size: +/- 3 acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: UTs to Britton 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 project at the time of this application: The project site is currently forested /undeveloped. Land use within the surrounding area is primarily commercial hospital. 3b. List the total estimated acreage of all existing wetlands on the property: 0.0 acres 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Approximately 968 linear feet. 3d. Explain the purpose of the proposed project: The project includes construction of a 110 space parking lot and realignment of an existing sewer line. The sewer line is being realigned in order to accommodate the proposed parking lot for a new Pardee Memorial Hospital building. 3e. Describe the overall project in detail, including the type of equipment to be used: The project includes the construction of a parking lot and realignment of an existing sewer line for Pardee Memorial Hospital. Typical construction and earth moving equipment will be used (i.e. backhoe). The sewer line will join an existing sewer line on the northeast side of an unnamed tributary to Britton Creek. 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? Comments: ❑ Yes ® No ❑ Unknown 4b. If the Corps made the jurisdictional determination, what type of determination was made? ❑ Preliminary ❑ Final 4c. If yes, who delineated the jurisdictional areas? Name (if known): Agency /Consultant Company: I Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for this project (including all prior phases) in the past? ❑ Yes ® No ❑ Unknown 5b. If yes, explain in detail according to "help file" instructions. 6. Future Project Plans 6a. Is this a phased project? ❑ Yes ® No 6b. If yes, explain. Page 3 of 10 PCN Form — Version 1.3 December 10, 2008 Version C. Proposed Impacts Inventory 1. Impacts Summary 1a. 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 ❑ No ❑ Corps ❑ DWQ W2 []PEI T ❑ Yes ❑ No ❑ Corps ❑ DWO W3 ❑ P ❑ T ❑ Yes ❑ Corps ❑ No ❑ DWQ ❑ Yes ❑ Corps W4 ❑ P ❑ T ❑ No ❑ DWQ W5 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ DWQ W6 ❑ P ❑ T ❑ Yes ❑ No ❑ Corps ❑ 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) 1 ®P ❑ T Impact #1 Culvert UT Britton Creek ® PER ❑ INT ® Corps ® DWQ 3 148 2 ❑ P ®T Impact #2 Utility Crossing UT Britton Creek ® PER ❑ INT ® Corps ® DWQ 3 20 3 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 4 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 5 ❑P ❑T ❑PER El Corps ❑ INT ❑ DWQ 6 ❑ P ❑ T ❑ PER ❑ Corps ❑ INT ❑ DWQ 3h. Total stream and tributary impacts 168 31. Comments: Page 4 of 10 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 ❑P ❑T 02 ❑P ❑T 03 []PDT 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. Wetland Impacts (acres) Stream Impacts (feet) Upland Pond ID Proposed use or purpose (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded number of pond P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? ❑ Yes ❑ No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: 6. Buffer Impacts (for DWO) 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 E] 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) Temporary T impact required? El Yes 131 ❑P ❑T ❑ No El Yes B2 ❑P ❑T ❑ No ❑ Yes B3 ❑ P ❑ T ❑ No 6h. Total buffer impacts 6i. Comments: Page 5 of 10 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. Stream impacts were avoided to the maximum extent practicable. The sewer line will be placed beneath the stream. The line will be trenched in and contours will be returned to preexisting conditions. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Equipment will be operated from high ground during construction. Sediment and erosion controls will be utilized to prevent sediment from leaving the site. Stream banks will be restored to existing conditions (Figures 3.2 -3.3). 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 El 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 in4ieu 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 - riparian 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 6 of 10 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 riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 7 of 10 PCN Form — Version 1.3 December 10, 2008 Version 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 ❑ Yes ® No within one of the NC Riparian Buffer Protection Rules? 1b. If yes, then is a diffuse flow plan included? If no, explain why. ❑ Yes ❑ No Comments: 2. Stormwater Mana ement Plan 2a. What is the overall percent imperviousness of this project? 57% 2b. Does this project require a Stormwater Management Plan? ® Yes ❑ No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: A stormwater management permit application was approved by the city of Hendersonville on August 18, 2015. The permit is for the construction, operation, and maintenance of the subject project and the stormwater BMPs (Attachment A). ® Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? ❑ DWQ Stormwater Program ❑ DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Hendersonville ® Phase II 3b. Which of the following locally4mplemented stormwater management programs ❑ NSW El apply (check all that apply): El ❑ 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 ❑ HQW 4a. Which of the following state - implemented stormwater management programs apply ❑ ORW (check all that apply): ❑ Session Law 2006 -246 ❑ Other: 4b. Has the approved Stormwater Management Plan with proof of approval been ❑Yes ❑ No attached? 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? ❑ Yes ❑ No 5b. Have all of the 401 Unit submittal requirements been met? ❑ Yes ❑ No Page 8 of 10 PCN Form = Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1a. Does the project involve an expenditure of public (federal /state /local) funds or the ® Yes ❑ No use of public (federal /state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State ❑ Yes ® No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (If so, attach a copy of the NEPA or SEPA final approval ❑ Yes El No letter.) Comments: J 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 2B.0200)? 2b. Is this an after - the -fact permit application? ❑ Yes ® No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in ❑ Yes ® No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. 4. Sewage Disposal (DWQ Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non - discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. Wastewater generated from the new medical facility will use the new sewer crossing to connect to an existing sewer line. Wastewater will be treated by the existing local municipal facility. Page 9 of 10 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 ❑ Yes ® No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act ❑ Yes ® No impacts? ❑ Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. ❑ Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? FWS County data and the Natural Heritage Program GIS data. Potential habitat for the Northern long -eared bat may exist within the project boundary. However, necessary tree clearing will occur outside of the May 15- August 15 tree clearing moratorium. 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 West Side Historic District (HN0250), the Cedars (HN0046), and the Oakdale Cemetery (HN0114) are located within approximately 0.25 miles of the proposed sewer line. It is the opinion of CEC that project construction will not negatively affect the integrity of these historic sites. & Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA - designated 100 -year floodplain? ❑ Yes ® No 8b. If yes, explain how project meets FEMA requirements: 8c. What source(s) did you use to make the floodplain determination? FEMA Map Service Center; map number 3706956800.1 panel 9568 (effective 1012/2008). R. Clement Riddle 1 A)" , Applicant/Agent's Printed Name Date Applicant/Agenfs Signature (Agent's signature Is valid only if an authorization letter from the applicant Is rovided. Page 10 of 10 PCN Form — Version 1.3 December 10, 2008 Version Pardee Memorial Hospital ( +/- 3 AC) 'oi '., 0 C1. 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M J Project Boundary Feet a► n d rawn Wl VVY 10. 21-20 ; C EC ro7W INU Q a Henderson County, CLea y Ae r Site Vicinity North Carolina 32 Clayton street Figure 1 Asheville, North Carolina 28801 Pardee Hospital Memorial Hospital ( +/- 3 AC) Figure 3 Impact Maps /Site Plans w w 0 c� PROI 1 S I f' CONNOR AVENUE i I . I I. I SUMMARY PROPOSED PERMANENT STREAM IMPACTS 148 LF ®PROPOSED TEMPORARY STREAM IMPACTS 20 LF TY ,R Y SED 20 LF RARY A IMPACT ED TI ON KISTING TREAM 1111111 !/ Q.92 Preli�nin�r� Not fdtr d8 Atncction WGLA Engineering, PLLC PARDEE MEMORIAL HOSPITAL CONSULTING ENGINEERS do LAND PLANNERS STREAM IMPACTS NC License No: P -1342 CITY OF HENDERSONVILLE FIGURE 3.1 24 N. King Street Hendersonville, NC 28792 HENDERSON COUNTY JOB #: 15152 (828) 687 -7177 DATE: 10/23/2015 LRva wglo.com NORTH CAROLINA SCALE: 1" =80' To be used for minor stream crossing locations NOTES: 1.) MATTING SHALL BE COIR FIBER, 750 GRAM PER SO. METER WITH NOMINAL 0.50 IN. OPENING SIZE, 2.) SEEDING FOR RIPARIAN AREAS SHALL COMPLY WITH SECTION 6.24 OF THE NC EROSION AND SEDIMENTATION CONTROL MANUAL. SEE CHART BELOW FOR TEMPORARY SEEDING. PERMANENT SEED MIX WILL BE RECOMMENDED BY THE INSTALLER AND REVIEWED FOR COMPLIANCE BY THE ENGINEER. 3.) BACKFILL STREAMBED WITH +/— 6" OF NATURAL STREAM SUBSTRATE. ANCHOR MATTING IN 8" TRENCH � 1' MIN. SMOOTH SURFACE, REMOVE ALL DEBRIS AND SEED /MULCH BEFORE PLACING MATTING MATTING PLACED FLUSH WITH BANK SURFACE, LAP OVER DOWNSTREAM /DOWN SLOPE SEAMS 12' WOOD STAKE PLACED IN 3' O.C. DIAMOND PATTERN STREAM BED " I EXTEND MATTING A MIN. OF MATTING ANCHORED DEPTH VARIES BELOW STREAM BED. 1' BELOW STREAM BED PROPOSED UTILITY PIPE LINE Temporaqv Seeding Recommendations Rate per Common Name Sclentiric Name Acre MounlWns Rye grain Secale cereale 30 Ibs Aug. 15 . May 15 Wheat Trificum aestiwm 30 Ibs Aug. 15 - May 15 German mlUet Selaria ilalica 10 Ibs May 15 - Aug. 15 Brownlop mlllel Urochloa ramosa 10 Ibs May 15 • Aug. 15 CA,' Q Fr?eliminary Not fir d6iffitriction WGLA Engineering, PLLC PARDEE MEMORIAL HOSPITAL STREAM BANK CONSULTING ENGINEERS do LAND PLANNERS STABILIZATION NC License No: P -1342 CITY OF HENDERSONVILLE FIGURE 3.2 24 N. King Street Hendersonville, INC 28792 HENDERSON COUNTY W9 (828) 687 -7177 NOT TO SCALE wglc.com NORTH CAROLINA 4 YIN -- NATURAL NATURAL GROUND GROUND I. J, 3 EXTEND FILTER FABRIC 17" NTO CHANNEL BAN( /`. CLASS B RPPRAP (18" M NIYUY THICRNSS) TEMP, 10" CUP FILTER FABRIC BLANKET FOR STREAM FLOW (MIRA� 14ON OR APPROVED EQUAL) SECTION AA TEMP. 16' C FOR STREAM FLOW ff B' OF /57 WASHED STONE SANDBAGS 1' 7 BE I DFCAVATED 7. �wTEalu TRCN WD FILTER FABR'C VA ES CLASS B RPRAP (REMOVE AFTER CONSTRUCTION OR REUSE FOR STREAM BANK STABILIZATION) TOP STREAM BANK PROPOSED WATER OR SEWER UN_ SECTION AB Z SANOBACS TDAP. 15' CMP NOTE. STABILIZE STREAM BANK PER FOR STREAM ROW DETAL AFTER PIPE INSTALLATION 0 # N a< FL Ow PROPOSED WATER OR SEWER 6' OF 157 LINE WASHED STONE PIPRAP CAM `r I 1 A \ 1 A VVTLT11111111 +/` CAR Pre�irniria'r� PLAN Not Mr d6 i9trgc_tion VOTE. ALL DISCHARGE FROM DEWATERING THE WORK • AREA SMALL BE PUMPED 10 DT-ER A TEMPORARY ��•. �E'N�IN ��,,0(v�`� SEDKENT TRAP ON DEWATERNG SLi BAG PER DElAIS ,'I,}^,J�0 L DER���•``� SMALL STREAM CROSSING DETAIL + +H 1111 T1,1 N.T.S. WGLA Engineering, PLLC PARDEE MEMORIAL HOSPITAL SMALL STREAM CONSULTING ENGINEERS & LAND PLANNERS CROSSING DETAIL NC License No: P -1342 CITY OF HENDERSONVILLE FIGURE 3.3 24 N. King Street Hendersonville, NC 28792 HENDERSON COUNTY JOB #: 15152 (828) 687 -7177 DATE: 10/23/2015 wglo.com NORTH CAROLINA SCALE: N.T.S. A a IV AL � ` � „•.o. i� : rte. � �f.� !� i r i• W1 ILegend L. r! Boundary Project Project Boundary rf k - - f f- [U.J (Y VI 0 62.5 125 250 L- 6 L Pardee Memorial Hospital ( +/- 3 AC) Legend HyC - Hayesville Loam L Project Boundary Henderson County, North Carolina w rip- r � r HyC CLearWater 32 Clayton Street Asheville, North Carolina 28801 1 l f _ N 0 50 100 200 Feet USDA Soils Map Figure 5 Pardee Memorial Hospital ( +/- 3 AC) r-; ` Project Boundary ) 100 -Year Floodplain d N Legend I ® 100Year Floodplain 0 250 500 1,000 �_______� Project Boundary '� _ Feet 10.22.2oi ; ss4 7 CLear\/ater FEMA Floodplain Map Henderson County, FEMA Map Service Center North Carolina 32 Clayton Strccl Map Panel 3700956800) Asheville. North Carolina 28801 Figure 6 Pardee Memorial Hospital ( +/- 3 AC) Potentially iunadicbonal wetlands and waters Identified on this map have been located Within wbdheler axuracy utilizing a Trimble mapping grade Global Positioning System (GPS) and the subsequent differential correction of that dale. GPS points may demonstrate unconreclable errors due to topography, vegetative cover, enWor mulbpath signal error Nob The illustrated wetland and stream locations are appro>umele These areas have been flogged in the field, however, they have not been surveyed Although Clearwater Environmental Conwltants, Inc (CEC) is confident in our assessment. the US Army Corps of Engineers (Corps) Is the only agency that can make final decisions regarding jurisdictional wetland and waters of the US delineations Therefore. all preliminary determinations are subject to change until written verification is obtained. CEC strongly recommends that written verification be obtained from me Corps prior to closing on the property, beginning any site work, or making any legal reliance on this determination This map was prepared by CEC using the best information available to CEC at the time of production This map Is for informational purposes only and should not be used to determine prease boundaries, roadways, property boundary lines, nor legal descriptions This map shall not be construed to be an i>Rtial survey of any dais d"cled Source Data Topo is from Henderson County. Potentially Jurisdictional Water Streams (LF) S1 525 S2 S3 ` 252 Tote I / Legend Contours -- Culvert Stream . -_ _ J Project Boundary try 1 0.71201 5; CEIDPlojectS 934 Henderson County, North Carolina t� i� r i 7— -- Project Boundary i . �- - \\ t ^!_ ! It V: N 0 62.5 125 250 Feet CLear VV A aaIC er L Stream & Wetland Delineation Map Delineated October 22, 2015 32 Clayton Street Asheville, North Carolina 28801 Figure 7 r 525 �t 191 ` 252 / 968 Legend Contours -- Culvert Stream . -_ _ J Project Boundary try 1 0.71201 5; CEIDPlojectS 934 Henderson County, North Carolina t� i� r i 7— -- Project Boundary i . �- - \\ t ^!_ ! It V: N 0 62.5 125 250 Feet CLear VV A aaIC er L Stream & Wetland Delineation Map Delineated October 22, 2015 32 Clayton Street Asheville, North Carolina 28801 Figure 7 Approved Jurisdictional Determination Forms "Rapanos Forms" 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 is BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: PROJECT LOCATION AND BACKGROUND INFORMATION: State:Norih Carolina County /parish/borough: Henderson City: Hendersonville Center coordinates of site (]at/long in degree decimal format): Lat. 35.320654° N, Long. - 82.469456° W. Universal Transverse Mercator: Name of nearest waterbody: UT Britton 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 istare available upon request. ® Check if other sites (e.g., offsite mitigation sites, disposal sites, etc... ) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ® Office (Desk) Determination. Date: 91 Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RNA SECTION 10 DETERMINATION OF JURISDICTION. There M�eno "navigable waters ojthe U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required) ® Waters subject to the ebb and flow of the tide. ® Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There 0 "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ® TNWs, including territorial seas Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ® Non -RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ® Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non -RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional•waters Isolated (interstate or intrastate) waters, including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Non - wetland waters: 968 linear feet: 3 width (ft) and/or acres. Wetlands: 0.00 acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known): Non - regulated waters/wetlands (check if applicable):3 ® Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ' Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RP W is defined as a tributary that is not a TN W and that typically flows year -round or has continuous flow at least "seasonally" (e.g.. typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and and Section III.D.1.; otherwise, see Section HIM 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 II1.DA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that Is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine'if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and,all of its adjacent wetlands is used whether the review area identified In the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Secdon III.B.2 for any onsite wetlands, and Section III.B3 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 now directly or indirectly into TNW (1) General Area Conditions: Watershed size: rl tJc'tLlat Drainage area: ck+Llst Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through M tributaries before entering TNW. Project waters are river miles from TNW. Project waters are IMM river miles from RPW. Project waters are aerial (straight) miles from TNW. Project waters are Mrs aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: 4 Note that the Instructional Guidebook contains additional information regardingswales, ditches, washes, and erosional features generally and in the and West. s Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that 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: feet Average side slopes: P[e] ER. 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/riffle/pool complexes. Explain: Tributary geometry: Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for:_Liat Estimate average number of flow events in review area/year: Wc�tLpi"et Describe flow regime: Other information on duration and volume: Surface flow is: �le3tl[.le. Characteristics: Subsurface flow: '�?I.ist. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ the presence of litter and debris ❑ changes in the character of soil ❑ destruction of terrestrial vegetation ❑ shelving ❑ the presence of wrack line ❑ vegetation matted down, bent, or absent ❑ sediment sorting ❑ leaf litter disturbed or washed away ❑ scour ❑ sediment deposition ❑ multiple observed or predicted flow events ❑ water staining ❑ abrupt change in plant community ❑ other (list): ❑ Discontinuous OHWM .7 Explain: If factors other than the OHWM were used to determine lateral extent ofCWA jurisdiction (check all that apply): ® High Tide Line indicated by: ® Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 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. id. °Ib (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 (f) 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 Nan -TNW: Flow is; ]Let. Explain: Surface flow is: POWER Characteristics: Subsurface flow: P11 Msst. 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/barrier. Explain: (d) Proximity Relationshin) to TNW Project wetlands are WA river miles from TNW. Project waters are ILis_tt aerial (straight) miles from TNW. Flow is from: List. Estimate approximate location of wetland as within the �I —M -Lif 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: (111) 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 any) All wetland(s) being considered in the cumulative analysis:lek <,I t 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 analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists If the tributary, in combination with all of'its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non -RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 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): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ® TNWs: linear feet width (ft), Or, acres. ® Wetlands adjacent to TNWs: acres. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year -round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Continuous bed and bank, prescence of flow without precipitation. ® 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 II1.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 968 linear feet 3 width (ft). ® Other non - wetland waters: acres. Identify type(s) of waters: Non -RPWs8 that flow directly or Indirectly into TNWs. E Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ® Tributary waters: linear feet width (fl). Other non - wetland waters: acres. Identify types) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ® Wetlands directly abutting an RPW where tributaries typically flow year- round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: 0 Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: 0.00 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 are juAsidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: 0.00 acres. 6. Wetlands adjacent to non -RPWs that now directly or indirectly into TNWs. ® Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters .9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Q Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ® Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA- STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 Q which are or could be used by interstate or foreign travelers for recreational or other purposes. ® from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ® which are or could be used for industrial purposes by industries in interstate commerce. ® Interstate isolated waters. Explain: ® Other factors. Explain: Identify water body and summarize rationale supporting determination: sSee Footnote # 3. 9 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 with the process described In the Corps/EPA Memorandum Regarding CWA Ad Jurisdiction Following Rapanes. Provide estimates for jurisdictional waters in the review area (check all that apply): Q Tributary waters: linear feet width (ft). Other non - wetland waters: acres. Identify type(s) of waters: ® Wetlands: acres. F. NON - JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ® Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non- wetlarid waters (i.e., rivers, streams): linear feet width (ft). d Lakes/ponds: acres. Q Other non - wetland waters: acres. List type of aquatic resource: ® Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ® Non - wetland waters (i.e., rivers, streams): linear feet, width (ft). ® Lakes /ponds: acres. ® Other non - wetland waters: acres. List type of aquatic resource: ® Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ® Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ® U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: 1:24K Hendersonville Quad. USDA Natural Resources Conservation Service Soil Survey. Citation: ® National wetlands inventory map(s). Cite name: ® State/Local wetland inventory map(s): ® FEMA/FIRM maps: ® 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): NCCGIA (2011). or ❑ Other (Name & Date): Q Previous determination(s). File no. and date of response letter: ® Applicable/supporting case law: Applicable/supporting scientific literature: ® Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This JD form applies to all streams on site (S 1, S2, S3). Attachment A Stormwater Management Plan CITY COUNCIL: BARBARA G. VOLK Mayor RON STEPHENS Mayor Pro Tern STEVE CARAKER JERRY A. SMITH, JR. JEFF MILLER Jared Deridder, PE WGLA Engineering, PLLC 214 N. King Street Hendersonville, NC 28792 Dear Mr. Deridder: CITY OF HENDERSONVILLE The City of Four Seasons ENGINEERING DEPARTMENT Brent G. Detwiler, P.E. City Engineer OFFICERS: JOHN F. CONNET City Manager SAMUEL H. FRITSCHNER City Attorney TAMMIE K. DRAKE City Clerk August 18, 2015 Re: 15617 —Oak St Parking Lot - Pardee Stormwater Management Plan - Approval The Engineering Department has reviewed the Stormwater Management Plan for the proposed Oak St Parking Lot. Upon review of the stormwater plan submitted 8/6/2015 and supporting documents submitted through 8/18/2015, the Engineering Department has granted approval of the stormwater management plan. Please note that upon completion of the project: and before a certificate of occupancy (CO) is granted, the following must be provided to the Engineering Department for rEmew: Surveyed "as- built" plans for all stormwater management facilities or practi ces (to be: provided after final construction is completed). The "as- built" plarisistiall show the final design; specifications fort all stormwater management facilities and * k� practices and the field locatioh, size, .depth, elevation, and planted vegetation of all measures, controls, and devices, as installed. -- A certification, under seal, that the completed,project is, in accordance with th6,'approved stormwater management plans and designs and that the as-built stormwater, measures, controls, aril devices:,compty "4 ''the approved stormwater management plans and designs. ; If you have any questions„ do, nohhesitate to contact Brent Detwiler or myself. 1,• , Sincerely, CITY OF HENDERSONVILLE Brendan Shanahan, P.E. Civil Engineer t Cc: Susan Frady, City of Hendersonville Sue Anderson, City of Hendersonville Dave Hazzard, City of Hendersonville Brent Detwiler, City of Hendersonville Keith Fogo, City of Hendersonville H \Site Plan Stormwater Reviews \plan rewews\2015 \15617 PardeeParkingLotOakSt\Aoaroval\20150818 SWPIanAooroval doc 305 Williams Street bdetwiler @cityofhendersonville.org Phone: 828.697.3000 Hendersonville. NC 28792 -4461 www.cityofhendersonville.org Fax: 828.697.3066