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HomeMy WebLinkAbout20071194 Ver 2_401 Application_20080108J? 11941 CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. January 2, 2008 Ms. Lori Beckwith US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Pi'~~'~~?E~'T ~ ~ ~' ~~ ~~ fq ~ ~ ~ 2Q ~- i~s~pSTpR~QU,gUn, ~grFkQ~C RE: Wildcat Cliffs Country Club, Inc. Macon County, North Carolina Ms. Beckwith, The attached Pre-Construction Notification (PCN) is being submitted on behalf of Wildcat Cliffs Country Club, Inc. (Wildcat Cliffs). Wildcat Cliffs currently owns approximately 12 acres within the existing Wildcat Cliffs development near Highlands in Macon County, North Carolina and is seeking permit authorization under Nationwide Permit 29 for impacts associated with the extension of an existing culvert and installation of three new culverted road crossings. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr. David McHenry of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. A copy of this application has also been submitted to Mr. Kevin Barnett of the NC Division of Water Quality, Asheville Regional Office. Respectfully, Rebekah L. Newton Project Biologist ,~,~ f,, ,~. ~ R. lement Ri dle, P.W.S Principal Copy Furnished: NC Wildlife Resources Commission -David McHenry NC Division of Water Quality -Kevin Barnett US Fish and Wildlife Service -Bryan Tompkins 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Wildcat Cliffs 2. Name of Property Owner/Applicant: Wildcat Cliffs Country Club, Inc. 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. *Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): unknown 5. Site Address: Lake Villas Way 6. Subdivision Name: The Birches at Wildcat Cliffs 7. City: Highlands 8. County: Jackson 9. Lat: 35.083707N Long: 83.155654W (Decimal Degrees Please) 10. Quadrangle Name: Highlands 11. Waterway: Cullasaja River 12. Watershed: Upper Little Tennessee 06010202 13. Requested Action: X Nationwide Permit # 29 General Permit # Jurisdictional Determination Request Pre-Application Request ..................................................................................................................................................... The following information will be completed by the Corps office: AID: -Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: Dep~u-lment of the Army ~~~iliuington District, Coips of En~rineers Attn::[ en Jolly, Chief Regulatory Division PO Box 1890 ~t~~ihllington, North Carolina 28402-1890 -alid- NC Division of ~tlater Quality Atti1: Cyndi 1Caroly 1650 Mail Service Center Raleigh, NC `L7699-1650 1, the current landolvner/managing partner of the propel~:y identified belotiv, hereby authorize ClearVJater Environmental Consultants, Inc. (CI:C) to act on my behalf ors my agent during the processing of penx~its to impact Wetlands and ~~iaters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. Cl/C is authorized to provide supplemental inf'onnation needed for permit processing at the request of the USACL ar DWQ. ..- Prope~ty Owner of Record: f`s~ `` ; ~ ~5 ... - f , k ~ t ~; ~ ~ o .~: ,,- . Property Owner ~.ddress: r i f• °. ~ ~:E: . _. .. ~ '. Pl7onG' nLllTl(7e1-: ,. r. . s, P~'ope~ ~y T ocation: '` ~' ' i "- ~ `;' _ } , , Ooh-.nc-r,~lvlanaging partner Signature: ~~ ---- ~ ---------- Date; i i ~ Oakland S~reet I-frndc-rscnvilie, ~lorti~ Carolina 8791 Procne: a?e-~9a-9ooo r-~,<: ens-~s~~-9Go5 Iv ~~'F: - '~ ` ~~ _.' Office Use Only: Form Version March OS USACE Action ID No. DWQ No. (1t any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) I. Processing Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further detailsD, check~~here~~], II. Applicant Information ~ ~`~ ~.. .~ D 1. Owner/Applicant Information JAN 4 ?008 Name: Wildcat Cliffs Count Club Inc. oEr~~ - `~~~~ ~~'~u"~"~i' ~ Mailing Address: Attn: Bill Nellis 770 Country Club Drive Highlands, North Carolina 28741 Telephone Number: 828-526-2163 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: R. Clement Riddle Company Affiliation: C1earWater Environmental Consultants, Inc. Mailing Address: 718 Oakland Street Hendersonville, North Carolina 28791 Telephone Number: 828-698-9800 Fax Number: 828-698-9003 E-mail Address: clementna,cwenv.com Updated l1/1/2005 Page ] of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Wildcat Cliffs Country Club and Culvert Extension (East Extension 2. T.I.P. Project Number or State Project Number (NCDOT Only): n/a 3. Property Identification Number (Tax PIN): 0519615, 0503256, 0503546, 0504370 4. Location County: Jackson Nearest Town: Highlands Subdivision name (include phase/lot number): Wildcat Cliffs Country Club Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take Interstate 26 East, to Highway 280. Take Highway 280 toward Brevard to Highway 64. Take Hi hway 64 toward Highlands/Cashiers. The site is on the right within the Cullasaja Club before the town of Highlands. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.083707 °N 83.155654 °W 6. Property size (acres): +/-12 acres 7. Name of nearest receiving body of water: Cullasaia River/Lake Ravenel 8. River Basin: Little Tennessee River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admir~/maps/.) Updated 11/1/2005 Page 2 of 9 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The site is wooded and undeveloped. General land use in the vicinity is residential and recreational. 10. Describe the overall project in detail, including the type of equipment to be used: This project includes the "east extension" of an existing culvert within the Cullasaja River and the proposed installation of three culverted road crossings. Typical construction and earth moving equipment will be utilized on site. 11. Explain the purpose of the proposed work: The Cullasaja Club and Wildcat Cliffs have adjoining_property. It was discovered that the road in question which was a part of the Cullasaja Club was actually on Wildcat Cliffs property. Cullasaja Club did not want residents of Wildcat Cliffs utilizing the road because they felt like it caused a breach in security. Wildcat Cliffs chose to sue Cullasaja Country Club for not roviding use of the road. The resulting lawsuit and eventual compromise is two parallel roads• one road within each subdivision. The culvert needs to be extended on either side to accommodate the two roads. The "west extension" is on Cullasaja Club property the "east extension" is on Wildcat Cliffs property. In addition to the culvert extension three culverts will be installed to provide road access to residential homesites. lV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. unknown V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future protect plans are anticipated at this time. Updated 11/1/2005 Page 3 of 9 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The proposed impacts associated with this project include the installation of a 25-foot culvert extension• and the installation of three culverts totaling 97 linear feet A map of jurisdictional waters and all associated data forms has been include in Appendix A. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) No WL impact. Total Wetland Impact (acres) p 3. List the total acreage (estimated) of all existing wetlands on the property: ,,, 0 acre 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Updated 11/1/2005 Page 4 of 9 Stream Impact Number (indicate on ma) Stream Name Type of Impact Perennial or Intermittent? Average Stream Width Before Im act Impact Length (linear feet) Area of Impact (acres) 2 (Figure 3B) Cullasaja River Culvert Ext. P 8 25 0.0055 3 (Figure 3A) UT Culvert P 5 31 0.0036 4 (Figure 3A) UT Culvert P 5 50 0.0057 5 (Figure 3A) UT Culvert P 5 l6 0.0018 Total Stream Impact (by length and acreage) 122 0.0166 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Site Number (indicate on ma) Name of Waterbody (if applicable) Type of Impact Type of Waterbody (lake, pond, estuary, sound, bay, ocean, etc.) Area of Impact (acres) No OW impact. Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters ~f the i T_~. reenltinu from the „r~;P~t• Stream Impact (acres): 0.0166 Wetland Impact (acres): 0 Open Water Impact (acres): p Total Impact to Waters of the U.S. (acres) 0.0166 Total Stream Impact (linear feet): 122 7. Isolated Waters Do any isolated waters exist on the property? ^ Yes ®No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. 8. Pond Creation - No pond proposed. If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Updated 11/1/2005 Page 5 of 9 Describe the method of construction (e.g., dam embankment, excavation, installation of draw-down valve or spillway, etc.): n/a Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Current land use in the vicinity of the pond: n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts on site have been minimized to the maximum extent practicable. The existing culvert will be utilized to provide road access to the two residential communities. Culverted crossings have been minimized to the maximum extent practicable through the use of headwalls. Lots A B and C share a driveway VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/ncwetlands/strm~ide.html. Updated 11/1/2005 Page 6 of 9 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation in the form of avoidance and minimization has taken place on site 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount ofNon-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Updated I I/1/2005 Page 7 of 9 Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact (s uare feet) Multiplier Required Miti ation l 3 (2 for Catawba) 2 1.5 Total Gone 1 extends out 3U feet perpendicular from the top of the near bank of channel; Zone 2 extends an additiona120 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration /Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 2B .0242 or .0244, or .0260. XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss Stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. Multifamily residential units will be located on the southwestern portion of the property. Stormwater controls in the form of infiltration trenches and rainwater cisterns have been designed for the site. All information pertaining to stormwater has been attached as Appendix B (DWQ co iep s only). The locations of the stormwater controls can be seen on the master plan (FiPure 3A). XII. Sewage Disposal (required by DWQ) 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. Wildcat Cliffs Country Club has a private wastewater treatment facility. Wastewater generated by the new development will be treated at the existing facility. Updated 11/1/2005 Page 8 of 9 XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ^ No Is this an after-the-fact permit application? Yes ^ No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: And goods and services needed by the residence of this development can be obtained from the nearby towns of Cashiers and Highlands. This project will not result in additional development which would impact nearby downstream water quality. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). Applicant/Agent's Signature ~ ~ Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 9 of 9 o`a~a~l ~ r~ ~'a ~~ ~~ ~~~ ~~~~ d - 0 t '~ ~Q,b a k~ s~ ~~~ _pyL U ~~ c$ - _ ~ ~ ~ ~" x s~', P s v 7 ~~ [5 ~ `}.~ Wlfdcat Cfifls ~['~ ~~gF'~ Cauatry Cfub a ,~ rya. .i a - ~fi ~~ 2~"~ ` {,*~ Cuffasaja Cfub ,~ ~. ~ i c~ i' sf ~~ ~a ~T~ ~~tK" ~ c.°~~fi ~ ~ ~~~ River C't ~rnC`•"~' . ~,`'~ -Approximate wite Location i w ~~ ~ ~ ~ ~~, a Q 400 m 120 ft CLEARWATER Wildcat Cliffs Environmental Consultants. Inc. 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B18.1g I.IM7 F: 828.181,1449 SHEET NUMBERd. ';C~~., w HIGHLAND TOWNSHIP, MACON COUNTY, NC ~O "'' ~```` v~.LandDa,ign.mm '4.<~' '1~.` NC Engineering Llcensa d 00009510 n,nn ~ Issued for Conscru<uon NC Landscape Architec[ure license d L00000385 M N ~, bA IMPERVIOUS AREA CALULATIONS TOTAL SITE AREA :535,204 sq. h. TOTAL IMPERVIOUS AREA :86,138 sq. h. PERCENTIMPERIOUS:16% Impact 25' Cul ension IMPACT #5 D ~~8 1TY ~R 8R4tiCFi TREATING BUILDINGS 9 AND 10 LandDe,~ign s Grove Arcade Building One Page Avenue, Suire 220 Asheville, NC 28801 V: 828.281.1447 F. 828.281.1449 vrvnv.LandDesign.com STREAM IMPACTS AT THE BIRCHES AT WILDCAT CLIFFS U ~. ~~ 2an~ _ .art Wildcat Cliffs Macon County North Carolina CLEARWATER Environmental Consultants. Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 USDA Soils Map Web Soil Survey Figure 5A ~'y , i _a ,, ~ , axe a~a ,a~,'~ .~r~~ 4 MAP LEGEND' MAP INFC7F~MATIQN Jtir~ ifT l~detest{11011 ~ V[rY 3.h'1}' SGd'. iJr:7a~i~, 59x1 SJN~ery' fRap Shee18'NE1!? pfepaTe~ a1 piJJi3Ce31.30n 5 31E. :\rr.i '..' k't :C!C ~. ',+X.al' ,y t^: ~5 `~ V; £*:."tom SG3sfa dff~ .`ri9ilttn C~ 5~Ce33E~ ~IJYr'9'v87, ih~'( Yary tT4^? thH J i " " orgsnal. Pisa rety ors the ua= scale on ~a~h map sfie~1 for pr~;,ar Soih ~ .~y,t,~. T~ n'3e a5 Jre^f1Eiflg. ~~y:. ~t.~~ l:rCn Spacial Line Features :~4dlrr$ Dt ta!ap: Nal!a! i~.e54tJ~C95 c015@N31i6T1 Senrrg Spec isl Point Featues _ ~. J!.: Was Sore 5urv®y URL: Mtp:llv.~e~so ~:~s ur've'y.nrc3.u s~a.a,'v +<_•~ 3':;x~~,^: Caordmate Sysie~^:: UTRS ~~ne 1'N .si 1x.`f: ~ 9C:: S+LL:C ® „-,~•„•r~: Thisproduetisaerreratedfron•:theUSQA-N RCSoerlr(saJdataasoi ~ •v:t'x ltye uersion da~1s i iisffid 5ei~m•. 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USDA Soils Legend Macon County 718 Oakland Street Web Soil Survey North Carolina Hendersonville, NC 28791 Figure 5B Parcel ID Address finer Name Map,~Bbck~ Pin Property f}escriptian Township Zane D~escriptian Neighborlioad Description SUbdiVlSlan De~CtlptlOn Map Sheet Number of Buildings Ac rea~ge Land Description Utllfty D~eSCClptlOn Date Apprasied Billing Ad rre ss Billing Address 2 Billing City Billing State Billing ZIP :~JTH~'iEBTC:C'RPJER •_~F F'R{+PERTY WILDCAT CLIFFS COUNTRY CLLR INC r 551.4 a 6G~~522 ~JTH~"tESTC:ORNER~~F PR~~PERTS` H K;H LAND:a RESIDENT4:L '~"+ILC{:AT CLIFFS COL~NTR`r' ~~LUB ?551.54 a a.n2 ~.~ ~~ ~ R~.yLLING .i~/-~ ~ 4 p ELECTRIC 2llUp 1Sk~24.21•Y]d DeNk • 'dVATf=R +~,~~~_ s ~. ?~4 CGIINTRY CLUBI~1VaiVpS ANr) STORMWA? tk ;~^AY~GH H K;H LANGo NC ?41 Wildcat Cliffs CLEARWATER Tax Map and Property Owner Macon County Environmental Consultants, Inc. Information North Carolina its Oakland street (taken from Macon County GIS) I Ie~~dersonville_ NC 28791 Flgufe 7 Appendix A Jurisdictional Determination Information L I ~~ __ _ ~j ~ r.°:~ `~V :' ~~ Y ~ x '~ t~ ,q~. .+.j ~ e:C) S d Q .. iwo'~ ~.. 1~\ \ !~ '1 • Y ~ ~ ~~ .~~ i ~,~, r~l ''~'+ ~, ~~ /'` 'i ~~ ,~ • ~ " '"~ ~.•• ~, ~ ~ • .~ ,' cl~ ~' ~'~~• ~~ ,.~ ~ ~ ~:~~ U ~' ~~~~ ~ ~~a~ .~ U G O ~ O ~~~ ~ ~~~ ~~ ;... G ~ ~, T3 •d ~ a ~o~'~~ a ti ~ ~ ~"° ~~ ~~ ~~. ° ~~ ~ o '~ .~ ~~ ~~ ~ ~ ' ~~~~~. ~~ .~ on •~ ~~ U U U'n, J 718 OAKLAND ST I INCH = 125 FEET WILDCAT CLIFFS SHEET N0. C e a r~ a t e r HENDERSONVILLE NC 28791 PHONE: (828) 698-9800 DRAWNBY:_ CEC STREAM AND WETLAND MAP Environmental Consultants, InC. FAX: (828) 698-9003 DOTE: j - Q ^ '(r'"•~ CEC PROJECT NO.: 458 MACON COUNTY OF / ~~~~ 'd •~ ~ Cap y r,~ .y /// 4 '. O ~ Q uU ,, 'm o Maintain Min. Road 2' of Cover Pavement Compacted 111=III 111-III III III= -III=111 III III-'' ~-Undisturbed -' ~ I=1 11=1 11=1 11=1 11=1 I I- ~~" ~~` ":°' I-III-I 11-1 ~ I- Earth '' -III,-III,;,IIII~IIIlilll_111-111=111111111 11,;,111-'' -~ Diameter See Note # 1 of Pipe NOTE: 1. CULVERTS THAT ARE LESS THAN 48 INCHES IN oo _° DIAMETER SHOULD BE INSTALLED WITH 20% OF THE ~~ ~ 1~ DIAMETER OF THE CULVERT PLACED BELOW THE o ~ ~ ~'°- ~~ LEVEL OF THE STREAM BOTTOM TO ALLOW THE ~~ ~ ACCUMULATION OF STREAM BED MATERIALS 1N THE ~ CULVERT AND TO FACILITATE AQUATIC LIFE PASSAGE ~ DURING PERIODS OF LOW STREAM FLOW. LARGER DIAMETER CULVERTS SHOULD BE PLACED ONE FOOT BELOW THE STREAM BOTTOM. CULVERTS SHOULD BE PLACED IN THE MAIN FLOW CHANNEL. PARTIAL BURIAL OF CULVERTS IN THIS MANNER ALSO MAY REQUIRE INCREASING THEIR SIZE TO ACCOMMODATE FLOW REQUIREMENTS. Land]ae:~ign Grove Arcade Building One Page Avenue, Suhe 220 Asheville, NC 28801 V: 828.281.IM7 P: 828.281.IM9 www.LandDeslgn.com TYPICAL CULVERT CROSSING DETAIL THE BIRCHES AT WILDCAT CLIFFS Figure 4 I2/I 1/07 PROJECT NO. 6007075 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Macon City: Highlands Center coordinates of site (lat/long in degree decimal format): Lat. 35.083707° Pick List, Long. 83.155654° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Cullasaja River Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Cullasaja River/Lake Ravenel Name of watershed or Hydrologic Unit Code (HUC): 06010202 ® Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the US."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [ReguiredJ ^ 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 Pick: List "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Reguirecfj 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 watersz (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 1125 linear feet: 5 width (ft) and/or 0.13 acres. Wetlands: acres. c. Limits (boundaries). of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ^ Potentiallyjurisdictiona] 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 111 below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section II1.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 IILA.1 and Section IlLD.l. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HLA.1 and 2 and Section IILD1.; otherwise, see Section HLB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapauos 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 IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HI.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick'List Drainage area: -Pick. List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TN W. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: ]dentify flow route to TNWS: Tributary stream order, if known: ' Note that the htstructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. 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 applyl~ Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/%cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: PickList Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA 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: `'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agriculniral practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TPiW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationshio with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick-List. 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 Pick'Lst river miles from TNW. Project waters are Pick List aerial (straight) miles from T'NW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick!List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List 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/N1 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: 2. Significant nexus f-endings 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 IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLl~: 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (fr), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: OHW mark, bed and bank. ^ 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 111.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 1125 linear feet 5 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWsB that flow directly or indirectly into TNWs. ^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ^ Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 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 ItPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an I2PW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. 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 ^ Demonstrate that water meets the criteria for one of the categories presented above (] -6), or ^ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: RSee Footnote # 3. To complete the analysis refer to the key in Section 111.D.6 of the Instructional Guidebook. 'D 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 Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): ^ Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: ^ Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPL1~: ^ 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-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates for non-jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicanUconsultant: ^ Data sheets prepared/submitted by or on behalf of the applicanUconsultant. ^ 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:1:24,000 Highland. ^ USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form applies to Channels RA, RB, DC, DD, and DE. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Macon City: Highlands Center coordinates of site (lat/long in degree decimal format): Lat. 35.083707° Pick List, Long. 83.155654° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Cullasaja River Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: Cullasaja River/Lake Ravene] Name of watershed or Hydrologic Unit Code (HUC): 06010202 Check if map/diagram of review area and/or potential jurisdictional areas islare 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: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick Liist "navigable waters of the U.S."within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Reguired] 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 Pick: List "waters of the US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [ReguiredJ 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ~ ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ ]solated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 90 linear feet: 5 width (ft) and/or 0.01 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ~ Boxes checked below shall be supported by completing the appropriate sections in Section lIl below. ' For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically Flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION ID: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdictiion 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 2 and Section IH.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CIIARACTERISTICS 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 HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section HI.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody" is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section IH.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section HI.C below. i. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TN W. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TN W. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: ldentify flow route to TNWS: Tributary stream order, if known: ~ Note that the Instructional Guidebook contains additional infomtation regarding swales, ditches, washes, and erosional features generally and in the grid West. ' 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 TN W. (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: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick'-List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OH WMb (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.' Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ]f factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ^ High Tide Line indicated by: ^ Mean High Water Mark indicated by: ^ oil or scum line along shore objects ^ survey [o 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: Identity specific pollutants, if known: ~'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground; or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OH WM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat tor: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TIVW that flow directly or indirectly into TiVW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List 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 news findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: D. DETERMINATIONS OF JURISDICTIONAL FIlVDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLI~: 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TN Ws where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: OHW mark, bed and bank. ^ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 901inear feet 5 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an ItPW 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 1ZPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an IZPW: Provide acreage estimates forjurisdictional wetlands in the review area: acres. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an IZPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section 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 ^ 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)a° ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: "See Footnote # 3. ~ To complete the analysis refer to the key in Section ll1.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 Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (fr). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLl~: ^ 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-wetland waters (i.e., rivers, streams): linear feet width (fr). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicanbconsultant. ^ 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:1:24,000 Highland. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or (] Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case ]aw: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form applies to Channel DB. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish borough: Macon City: Highlands Center coordinates of site (lat/long in degree decimal format): Lat. 35.083707° Pick List, Long. 83.155654° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Cullasaja River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Cullasaja River/Lake Ravenel Name of watershed or Hydrologic Unit Code (HUC): 06010202 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk} Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Pick List "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): 1 TNWs, including territorial seas ^ Wetlands adjacent to TNWs Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments of jurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 150 linear feet: 5 width (ft) and/or 0.02 acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section 111 below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at ]east "seasonally" (e. g., typically 3 months). 3 Supporting documentation is presented in Section lI1.F. (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: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/%cover: ^ Other. Explain: . Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick<List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.' Explain the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ]f factors other than the OHWM were used to determine lateral extent of CWA 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: `'A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-'I'NW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick'List. Explain findings: ^ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-7'NW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Piek List 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 IILD: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 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 IILD: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLl~: 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. 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: OHW mark, bed and bank. ^ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally- Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 150 linear feet 5 width (fr). Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a T"NW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). '^ Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an ItPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an 12PW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. 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 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):to ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: eSee Footnote # 3. ~ To complete the analysis refer to the key in Section IILD.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (fr). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLI~: 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-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ^ Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ^ Lakes/ponds: acres. ^ Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ^ USGS NHD data. ^ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:1:24,000 Highland. ^ USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form applies to Channel SC and SD. APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/pazish/borough: Macon City: Highlands Center coordinates of site (lat/long in degree decimal format): Lat. 35.083891 ° Pick List, Long. 83.155768° Pick List. Universal Transverse Mercator: Name of nearest waterbody: Cullasaja River Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Cullasaja River/Lake Ravenel Name of watershed or Hydrologic Unit Code (HUC): 06010202 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ^ Office (Desk) Determination. Date: ^ Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ^ Waters subject to the ebb and flow of the tide. ^ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Pick List "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [ReguiredJ Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): ~ TNWs, including territorial seas ^ Wetlands adjacent to TNWs ® Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ^ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments ofjurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 50 linear feet: 8 width (ft) and/or 0.0] acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Established by OHWM. Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable):3 ^ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: ~ Eioxes checked below shall be supported by completing the appropriate sections in Section Ill below. 2 For purposes of [his form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section Il1.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 2 and Section III.D.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and oflsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: PiickList Drainage area: Piick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TN W. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: 'Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the arid West. ' 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 TN W. (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: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope}: (c) Flow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick''<Lst. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ^ Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ ^ High Tide Line indicated by: ^ oil or scum line along shore objects ^ fine shell or debris deposits (foreshore) ^ physical markings/characteristics ^ tidal gauges ^ other (list): ine lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ^ survey to available datum; ^ physical markings; ^ vegetation lines/changes in vegetation types. (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: ~A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TiWV that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: . (c) Wetland Adiacency Determination with Non-TNW: ^ Directly abutting ^ Not directly abutting ^ Discrete wetland hydrologic connection. Explain: ^ Ecological connection. Explain: ^ Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters aze Pic1t List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List 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 ezample: • 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: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 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 lI1.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLl~: 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (fr), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: OHW mark, bed and bank. ^ 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 I11.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: 50 linear feet 8 width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ^ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section II1.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 type(s) of waters: 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 12PW: Wetlands directly abutting an 1ZPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ^ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.' As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. ^ Demonstrate that impoundment was created from "waters of the U.S.," or ^ Demonstrate that water meets the criteria for one of the categories presented above (] -6), or ^ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA-STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):10 ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: °See Footnote # 3. 9 To complete the analysis refer to the key in Section 1II.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 Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLE: ^ 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-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included incase file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicantJconsultant: ^ Data sheets prepared/submitted by or on behalf of the applicanUconsultant. ^ 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 ] 2 digit HUC maps. ^ U.S. Geological Survey map(s). Cite scale & quad name:1:24,000 Highland. ^ USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: ^ State/L,ocal wetland inventory map(s): ^ FEMA/FIRM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form applies to Channel SA. "?sG3 LITTLE TE1dPIE;'r3EE EI'JEE BA3IId C'lar..: Idaut~ <~t Str•=am D~o-~crip~ti~~n Cla:_:r. B1a111e Branch Fri7rn SUUrr,F to C 03?03j92 2-19-13 ''arr_ac~gechays 'reek Dob~~otl Branch Fr,-~rn cc+unve to 08 o~,'c2 2-1•?-14 Cart0<uaeCha'y6 lresk :Cdlla•^- Br 31Yr11 FYOrn CUUY+.e tv +_ ~J3r G3: 4~ _-1_~-15 +=3rt0{.gech3Ya +_r-ek TrinlGlit Branch Fri ~rn CGllY+'B to n3113e=• - += ~]3jG3i42 ~-1_~-1s-1 er3n•_li ~'ullasaja F.1veL' fA.a:r=net From c<-glri7@ t~~ t-13c•~li ~c~1nt'; ~tiS-III; Tr ~]3;G; +gf c-21-•:] ~1 Laka i S:F. 154E , . S d1tr+~C} Sr a1L_h Fr+~rn .^iUllrCa to "~tL1133dja riS-III ~]3 Gi:`42 2-21-1 Ri ~rer Ammons Branch From source to• ~u113caja Itis-III •]86iG% _.. ~-21-2 A.1;~er Mlll •:'reek Frorn cUUrce to F11rrc~r Lakes, 'viS-LII;Tr +]3~Gir'92 2_21_; +'[1113 Eaja Pit~er Satll1.41"i Branch (Harrlc Ldke:• FY~![n t:9tlri:9 tC [d111 'reek ~S-III 08 G3;`92 2-21-~-1 F.a~:en=1 Lake IIltlre Lake and Gu111]ecthlg iS-III;Tr 08:'M1i;'92 2-i1-3-:. ~tre3m to Mill ~~reek +'+111a~.3j3 Elver i1~11rrvr Lakes L~k~ S-, - -hi Frr!rn tdac.on Ccluit SP. 1545 - rS-III; Tr;~^~; J3?C•sjS2 2-21-•:;.El __, _ e'IUi_,d t~: darn at Ld}..t egquuY3h MC•ID7cr •~reek FYnrn 3%}Urea t~~ 3 pe+13iC r).5 +iS-III mils upctraam c•f tt.s. H*y~. b4 Me•nJar •~reek (C1~~ Lakei Fn_~m .a p.,4nt ti,5 mil=- ~S-III;<_.~ uFstsearn of V... HvrY 64 to Lake sequ~yall, iullacaia F1-.er Eig +.r=ek 5rm cf L3k_ Sa~Tlc~,;ah, Culla'saj3 F.i;~er eig Craek reaniall Lake; lt~~rt~ sn Prong e.ad erarrcli Hc+_i~tcai Branch •: Hi+alilandc P.e~criuir:• HGlr3t Gli Br3111711 Fr :4R 3•JAira to V.S. H;vy. 54 ".~S-III; Tr, C}t er ic~~a~ From source to a point ~].? iiS-II;Tr H~~n mil_ upstream ~~f muur_li , Frorn coun,a tr_, gig Creek ~S-II;Tr,H~~A From courca to gig Creek tiS-II;Tr,Hpn Frorn 6ULlrrr U~ Darn 3t :tiS-I;H;~n HLa111a]ids Pe•~^Br':01r From Darn at Highlands ;iS-II;H(;~W Ras._r;oir to eiq ~r=•ek elg ~_rsek 03 ts;`G2 2-21-4-f11 'J3;'C~~;`G'c e-21-5 'J8;`C's;'92 2-21-5-1-1 08jD;;92 _-21-5-1-2 ~]8 6;,%S•2 c-21-5-1-5- (li OS%b;i52 _-21-s-1-;-[2i From a p:•int J.? rn11=• iiS-II;Tr,HVn;+.'A ~]3iC,,;52 2-21-5-1-{4? B ,, - ukstrearn of mouth to Laka sa+~uoyah, Cullasaja F,'1Ver +~_tllasaja Elver From darn at La}:e se•7u~ ~yali e; Tr 1~] `pl;`F' ~-21- •; s . 5 i to Little TetIl1aC-sae F.iVer S}att~ Creek. .~_liffsid~ Fr~~rn course to Darn at e: Tr '),::r,l;,~, 2_21-~-fii La}:a? Cliffci9a La}_a CLEARWATER Wildcat Cliffs Environmental Consultants, Inc. DWQ Stream Classification Macon County 718 Oakland Street North Carolina Hendersonville, NC 28791 828-698-9800 Appendix B Stormwater Information Permit No. (to be provided by DWQ) of W n rF9 O~ QG h Y NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out; printed and submitted. The Required Ifems Checklist (Part 111) must be printed, filled out and submitted along with all of the required information. 1. P OJ`~CT [,.ORf~f01J~,,, ~ -. ~ ~m ~-- ~ .~ _ _ A Project name The Wildcat Cliffs Contact person Hudson Owen Phone number 828 281 1447 Date December 4th 2007 Drainage area number infiltration Trench #1 Collecting Half the roof of Building #9 Y-S HIV ~~~~' !I ~ ~F . ~ . _ t~ _ ".J r ~~~:1 ~_r Site Characteristics _ Drainage area 2,327.00 ff2 Impervious area 2,327.00 ft Percent impervious 100.0% Design rainfall depth 1.0 in Peak Flow Calculations Is pre/post control of the 1-yr 24-hr peak flow required? N (Y or N) 1-yr, 24-hr runoff depth 3.47 in 1-yr, 24-hr intensity 1.51 in/hr I Pre-development 1-yr, 24-hr peakflow i 0.028 ft3/sec Post-development t-yr, 24-hr peak flow 0.076 ft3/sec Pre/Post 1-yr, 24-hr peak flow control 0.0 ft3/sec Storage Volume: Non-SR Waters Minimum volume required ig2 ft3 Volume provided 187 ft3 OK for non-SR waters I Storage Volume: SR Waters 1-yr, 24-hr rainfall depth in Pre-development 1-yr, 24-hr runoff ft3 Post-development 1-yr, 24-hr runoff ft3 i Minimum volume required ft3 Volume provided ft3 Soils Report Summary SoiltYpe n r-~W~~~t~1L. ~-r~"i~~l~ ~PocLT X02. t-~~v~~~ a~~~+V Infiltration rate 0.52 in/hr _ SHWI" elevation fmsl Trench Design Parameters Drawdown time 2 days OK Perforated pipe diameter 30 in Perforated pipe length 20 ff Stone type (if used) #57 washed Stone void ratio 40% Stone is free of fines? Y (Y or N) OK Trench Elevations Bottom elevation 3996.00 fmsl OK Storage/overflow elevation 4000.00 fmsl Top elevation 4000.00 fmsl Form SW401-Infiltration Trench-Rev.1 Parts I. & II. Design Summary, Page 1 of 2 Trench Dimensions Length (long dimension) Width (short dimension) Height (depth) Additional Information Total runoff volume captured by trench Length of vegetative filter for overflow Number of observation wells Distance to structure Distance from surface waters Distance from water supply well(s) Separation from impervious soil layer Naturally occuring soil above SHWT Bottom covered with 4-in of clean sand? Recorded drainage easement provided? Capures all runoff at ultimate build-out? Bypass provided for larger storms? Trench wrapped with geotextile fabric? Pretreatment device provided Permit 26 ft 4 ft 4 ft OK 0.18 ac-in OK 30 ft OK 2 OK 15 ft OK 30 ft OK for non-SA waters Min 200 ft OK ~nI A t'i-'r N L ft C-~o~zH tZEPofL-~ ft y (Y or N) OK y (Y or N) OK y (Y or N) OK y (Y or N) OK y (Y or N) OK (to be provrded by DWp) Form SW401-Infiltration Trench-Rev.t Parts I. 8 II. Design Summary, Page 2 of 2 Permit No. (to be provided by DWQ) ~~F W /+TFgO O G ~-.'^ ~i NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Ifems Checklist (Part lll) must be printed, filled out and submitted along with all of the required information. Project name Contact person Phone number Date Drainage area number The Wildcat Cliffs Hudson Owen 828 281 1447 December 4th 2007 Infiltration Trench #2 Treating Runoff from half the roof area of Buildings 9 and 10 ~ -~ Site Characteristics ' - Drainage area 4,655.00 ft2 Impervious area 4,655.00 f~ Percent impervious 100.0% Design rainfall depth 1.0 in Peak Flow Calculations Is pre/post control of the 1-yr 24-hr peak flow required? N (Y or N) 1-yr, 24-hr runoff depth 3.47 in 1-yr, 24-hr intensity 1.51 in/hr Pre-development 1-yr, 24-hr peak flow 0.04 ft3/sec Post-development 1-yr, 24-hr peak flow 0.153 ft3/sec Pre/Post 1-yr, 24-hr peak flow control 0.1 ft3/sec Storage Volume: Non-SR Waters Minimum volume required 365 ft3 Volume provided 374 ft3 OK for non-SR waters Storage Volume: SR Waters 1-yr, 24-hr rainfall depth in Pre-development 1-yr, 24-hr runoff ft3 Post-development 1-yr, 24-hr runoff fta Minimum volume required ft3 Volume provided ft3 Soils Report Summary Soil type P.wl,~z .+v c.. G~ ~~ ~t~ ~~PoCL ~ Infiltration rate 0.52 in/hr _ SHWT elevation fmsl Trench Design Parameters Drawdown time 2 days OK Perforated pipe diameter 30 in Perforated pipe length 40 ft Stone type (it used) Washed #57 Stone void ratio 40% Stone is free of fines? Y (Y or N) OK Trench Elevations Bottom elevation 4000.50 fmsl OK Storage/overflow elevation 4004.50 fmsl Top elevation 4004.50 fmsl Form SW401-Infiltration Trench-Rev.t Parts I. & II. Design Summary, Page 1 of 2 Permit No. (to be provided 6y DWQ) Trench Dimensions Length (long dimension) 4g ft Width (short dimension) 4 ft Height (depth) 4 ft OK Additional Information Total runoff volume captured by trench 0.36 ac-in OK Length of vegetative filter for overflow 30 ft OK Number of observation wells 1 OK Distance to structure 15 ft OK Distance from surface waters 30 ft OK for non-SA waters Distance from water supply well(s) Min 200 ft OK Separation from impervious soil layer W p ~-~,,~y` ft o~ Naturally occuring soil above SHWT („~o;~-ZN ft 12e-'~'02 ~ Bottom covered with 4-in of clean sand? y (Y or N) OK Recorded drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build-out? y (Y or N) OK Bypass provided for larger storms? y (Y or N) OK Trench wrapped with geotextile fabric? y (Y or N} OK Pretreatment device provided y Form SW401-Infiltration Trench-Rev.1 Parts I. & II. Design Summary, Page 2 of 2 Permit No. (to be provided by DWO) ~O~ W ATFAQ O G v~ ~ NCDENR STORMWATER MANAGEMENT PERMIT APPL-CATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out, printed and submitted. The Required Items Checklist (Part ill) must be printed, filled out and submitted along with all of the required information. _~"0~.~IORMr~O .~ ~ q Project name The Wildcat Cliffs Contact person Hudson Owen Phone number 828 281 1447 Date December 4th 2007 Drainage area number Infiltration Trench #3 Collecting Half the roof of Building #10 ,~ .. - r' ~ ±I ~. _ C s ~, ~,:: ~. :~ .. F Sit harac teristics ~'~ Drainage area 2,327.00 ftZ Impervious area 2,327.00 ft Percent impervious 100.0% Design rainfall depth 1.0 in Peak Flow Calculations Is pre/post control of the 1-yr 24-hr peak flow required? 1-yr, 24-hr runoff depth 1-yr, 24-hr intensity Pre-development 1-yr, 24-hr peak flow Post-development 1-yr, 24-hr peak flow Pre/Post 1-yr, 24-hr peak flow control Storage Volume: Non-SR Waters Minimum volume required Volume provided Storage Volume: SR Waters 1-yr, 24-hr rainfall depth Pre-development 1-yr, 24-hr runoff Post-development 1-yr, 24-hr runoff Minimum volume required Volume provided Soils Report Summary Soil type Infiltration rate SHWT elevation Trench Design Parameters Drawdown time Perforated pipe diameter Perforated pipe length Stone type f if used) Stone void ratio Stone is free of fines? Trench Elevations Bottom elevation Storage/overflow elevation Top elevation N (Y or N) 3.47 in 1.51 in/hr 0.028 ft3/sec 0.076 ft3/sec 0.0 ft3/sec 182 ft3 187 fta in ft3 ft3 ft3 ft3 OK for non•SR waters P~At~it~lL Lfa'«~.~ 0.52 in/hr fmsl 2 days OK 30 in 20 ft #57 washed 40% Y (Y or N) OK 4001.00 fmsl OK 4005.00 fmsl 4005.00 fmsl ~-~Po ~ ~ Form SW401-Infiltration Trench-Rev.1 Parts I. & II. Design Summary, Page 1 of 2 Permit No. (to be provided by DWQ) Trench Dimensions Length (long dimension) 26 ft Wldth (short dimension) 4 ft Height (depth) 4 ft OK Additional Information Total runoff volume captured by trench 0.18 ac-in OK Length of vegetative filter for overflow 30 ft OK Number of observation wells 2 OK Distance to structure 15 ft OK Distance from surface waters 30 ft OK for non-SA waters Distance from water supply well(s) Min 200 ft OK Separation from impervious soil layer ~-Arrtrt~ft old Naturally occuring soil above SHWT L raj-~L_~ ft ~~otz~ Bottom covered with 4-in of clean sand? y (Y or N) OK Recorded drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build-out? y (Y or N) OK Bypass provided for larger storms? y (Y or N) OK Trench wrapped with geotextile fabric? y (Y or N) OK Pretreatment device provided v Form SW401-Infiltration Trench-Rev.t Pars I. & II. Design Summary, Page 2 of 2 Permit No. ' (to be provided by DWQ) ~F W A TF9 ~ ~? OG ~...^ g NCDENR STORMWATER MANAGEMENT PERMIT APPLICATION FORM 401 CERTIFICATION APPLICATION FORM INFILTRATION TRENCH SUPPLEMENT This form must be filled out printed and submitted. The Required Items Checklist (Part Ill) must be printed, filled ouf and submitted along with all of the required information. i~0~,~T llif~RINATIa'l~J °- _-_ ~.~ , ~~~.. . ~~" $~ "~;, ~,, ',: Project name The Wildcat Cliffs Contact person Hudson Owen Phone number 828 281 1447 Date December 4th 2007 Drainage area number Infiltration Trench #4 Collecting Half the roof of Building #11 Site Characteristics Drainage area 2,327.00 ftz Impervious area 2,327.00 ft2 Percent impervious 100.0% Design rainfall depth 1.0 in Peak Flow Calculations Is pre/post control of the 1-yr 24-hr peak flow required? N (Y or N) 1-yr, 24-hr runoff depth 3.47 in 1-yr, 24-hr intensity 1.51 inmr Pre-development 1-yr, 24-hr peak flow 0.028 ft3/sec Post-development 1-yr, 24-hr peak flow 0.076 ft3/sec Pre/Post 1-yr, 24-hr peak flow control 0.0 ft3lsec Storage Volume: Non-SR Waters Minimum volume required 182 ft3 ', Volume provided 187 ft3 OK for non-SR walers Storage Volume: SR Waters 1-yr, 24-hr rainfall depth in i Pre-development 1-yr, 24-hr runoff ft3 Post-development 1-yr, 24-hr runoff ft3 Minimum volume required ft3 Volume provided fta Soils Report Summary Soil type few to t ~ : v.~ c- . C-~-zS'c~c_K ~-~ P o Cam- ~ Infiltration rate 0.52 in/hr _ SHWT elevation fmsl Trench Design Parameters Drawdown time 2 days OK Perforated pipe diameter 30 in Perforated pipe length 20 ft Stone type (if used) #57 washed Stone void ratio 40% Stone is free of fines? Y (Y or N) OK Trench Elevations Bottom elevation 4010.00 fmsl OK Storage/overflow elevation 4014.00 fmsl Top elevation 4014.00 fmsl Form SW401-Infiltration Trench-Rev.t Parts I. & II. Design Summary, Page t of 2 Permit No. Trench Dimensions (to be provided by DWQ) Length (long dimension) 2g ft Width (short dimension) 4 ft Height (depth) 4 ft OK Additional Information Total runoff volume captured by trench 0.18 ac-in OK Length of vegetative filter for overflow 30 ft OK Number of observation wells 2 OK Distance to structure 15 ft OK Distance from surface waters 30 ft OK for non-SA waters Distance from water supply well(s) Min 200 ft OK Separation from impervious soil layer V`lc,~ ~ „~ ~ ft ~ p (L Naturally occuring soil above SHWI ~ ~-~-~ K ft ~~ ~ 0 2 Bottom covered with 4-in of clean sand? y (Y or N) OK Recorded drainage easement provided? y (Y or N) OK Capures all runoff at ultimate build-out? y (Y or N) OK Bypass provided for larger storms? y (Y or N) OK Trench wrapped with geotextile fabric? y (Y or N) OK Pretreatment device provided v Form SW401-Infiltration Trench-Rev.t Parts I. & II. Design Summary, Page 2 of 2 NOTES: 1. SUBMIT SHOP DRAWINGS FOR APPROVAL PRIOR TO FABRICATION. 2. EXTEND OVERFLOW AND FLUSH 42" CONTAINMENT TOP VIEW PARTIAL SLOPE ®2~ AWAY COLLAR ( ) FROM COLLAR 22" FLGD. MANWAY VALVE BOX & RISER W/2-4" NPT FTGS. LINES TO DAYLIGHT AND PROVIDE ST. 42"x3' WATER STL. BUG SCREENS. TIGHT TURBINE 3. PROVIDE TIE DOWN STRAPS AND ENCLOSURE -~ ANCHORS AS PER MFR'S TO DISTRIBUTION RECOMMENDATIONS. SYSTEM SUBMERSIBLE PUMP, SEE PLUMBING DRAWINGS - NOTES: ® HOLD DOWN STRAP CLIP ~ ~ HOLD DOWN STRAP LOCATION ~ TOP MOUNTED LIFT LUG ~ SIDE MOUNTED LIFT LUG QA PRECAST CONCRETE TANK MAY ALSO BE ACCEPTABLE FOR THIS USE. VOLUME MUST REMAIN AS NOTED. SUBMIT SHOP DRAWINGS. WATER TIGHT PENETRATION TYP_~ III 1111111-III SEE OVERFLOW DETAIL 12" PIPE 12" INLINE BASKET STRAINER W/ STAINLESS STEEL BASKET INFLOW FROM ROOF 6" COL SECTION SYSTEM ~AS ED STONE 4" 12" FLG. CONNECTION ~ 4" TANGENTIALLY MTD. FLGD. PLATE GUSSET Ni Z~LE (OVERFLOW PORT) 4" TANGENTIALLY MTD. FLGD. PLATE GUSSET r 4" ~IyOZZLE (FLUSH PORT) 2 ~~ ~~ 3 ~~ ~~ 4 ~~ ~~ 5 ~~ ~~ 6 ~~ ~~ 7 TO INFILTRATION BASIN ~~~~~ ~- 4" PLUG VALVE ~, 16-t/2 W/ VALVE BOX rn'• & RISER STEM BEDDING AND COMPACTION PER TANK MFR. RECOMMENDATIONS ~i Grove Arcade Building One Page Avenue, Suiu 220 Asheville, NC 28801 V: 828.281.1447 F: 828.281.1449 www.LandDesign.com THE BIRCHES AT WILDCAT CLIFFS 12/1 1/07 PROJECT NO. 6007075 0 I 1,200 00 ~ GAL. Z TANK RAINWATER CISTERN DETAIL EXISTING SLOPE EMERGENCY OVERFL01 BERM "LEVELED" 2" x 6" TIME 1" ABOVE GROUND AS LEVEL SPREADER EC FULL LENGTH OF SWAL EXISTING SLOPE~SW NON-WOVEN GEOT; FILTER FABRIC 2:1 CUT SLOPE WITH FESCUE BLEND SEED. MATTING TO BE USED IF WINTER INSTALLATION OCCURS. 8"4 CLEANOUT WITH ROUND ED STONE 30"~ HPDE PIPE WITH 1" PERFORATED HOLES. 8"~ PVC PIPE FROM ROOF LEADERS DIRECTED TO INFILTRATION TRENCH. ROUND ED STONE SAND LandDesign Grove Arude Building One Page Avenue, Suhe 220 Asheville, NC 28801 V: 828.281.IM7 F: 628261.IM9 vrww.landDesign.com INFILTRATION TRENCH DETAIL THE BIRCHES AT WILDCAT CLIFFS 12/i I/07 PROJECT NO. 6007075 ~- - 4'