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. Vicinity Map
Macon County 718 Oakland Street
Hendersonville, NC 28791 FlgUre 1
North Carolina
828-698-9800
CLEARWATER
Wildcat Cliffs Environmental Consultants, Inc. USGS Topographic Map
Macon County 718 Oakland street Highlands Quad
North Carolina Hendersonville, NC 28791 Figure 2
828-698-9800
I
I
r
pp fTl
y4yD N A S ~ y A s ~ O I rte" <F1 Z -VII ~ ITI
Dm Oy 9~ C 9 ; A (mj Z r`I r Z n Z
\. O p F
1: yGD
\, ~ SA~
om
,e \ _~ ~~ ;
ILA- Y 1 ~ I\ m V t~r
2 N M~ 7 %% ~ pA ]1
z['IN ~a ~ O ~ m ~ A ~ o fn7 N ~ m x ~ i°$yx°~~' `~ ~}~~/{{/', ;'i~ ~1 =-c ~
!~ F //y`~ ~~ ~ N o
Mp ~r~•1 V<1 p m y rl~,K `~~~+1r yj ; O A O r^ S vyNN~IZG ~ 4-\ `\~'\ ',~\/.\ ~5
2 jj r ~ ~ f•1 ~ O ~ ~ O Z V N15[j1AjC~O ~?^t/~ ~' ` \\\.. \\ 1_oA/1
y ~Z ~ A ~ ~ Z Z ~ A m p 1y~mDZ ~// ;~ ~ \~\\~ \' \ •k; •~ z
n G1 r~r~ O (Zj j A 2 y N 0 a 2_S Nd l I ~ n
p 2 z m ~ ~ z r-n z mpp D.~ ~!1~1111 'li/~ )~ 1• ) ~ t `'r\ 2
v o~z~v k '/.. z;'-.., Isar //r ;~~~~I
VIN O_ ~DVI ' mI Y, ;' \ l'L
~R $rcr~ c~~7 ~ \ p
Dp8O $ Nv F / / ' ~~ ~$mA Sm3: ,is~2 5..Q
ad's / / /'r"~~i'.. /4 A.o `iZZ~ ^Orarl AJC r QA
(~Z ~ // J p vD',
rno t~7 vzi 3 ' rl f m ~m~ ~Zti ~p~ ~J \1 ,t` `/LF
-alj;2 jQ ~ ~ Fr ~ m dZjZj Z:./ \[1 J\
_ _ ~. I
~r~ ~ O~ f_' X ~~ i r. ~ ~~~ x 146r J IIY~
„ a rn Z / X ~-t ! / I
m ~ .: --~-~~ ~ ~j/~~ ~ .y c I 1 .:1~ 11
~ m_v Aym :fl \~'~/ \`~ pC ~•om m$ F/i ~ ~ 117 +/1[~
!`i O Z
v^I Om ~ ~\ ~ m0 NN La I I 1/
~-m \Qi jL +r m~± O I
:~ e ~1
2~ / \ i \~ p y +, ~ C7mm D,~ ~$~
w A; ~1 ~ ~ A`y„.j vss % \ A ~ / mm \' mC~ j mnp
Z ~ ` \ u/ zz Cl // 30 mm Z Z
V~, \\ x =~ 'S "F "pom \
OJT \ Y\ \, 1\ v. 2 ~ tiA `\ \~
_ \ ` ~'\~v 4Th d + *, •\ \\\' ~" ~ ~
1- <\~ ~ i ~•'uv ~ \ !-`(•`' \ \ ~ r°n I. ~ v m ~ » o e w ~ ., ~ ,. u v . 8 A
m s p o= ~~ \\ ,\ ``.. x_.., v m..?~ o e ro O N ~~~ m
~ pC OOin\` v'' \~ \Y. \\'•-"~~\•`< ss`f ~ 0 0000 0 0 0 0 00 ~O ~
m voNOr~r ~\' ~0 ~ 1 .f t A'uh,y\. ~~y "~' g °°a ~ ~~ = c7
2 F--Ti a o' c u~ (\ yr - ~!G.• -,[[ it
~ PI as ~ \ ~'[ ~ ;. n
~~
~o
..~
~~ ~
~ ~/ i ~ ~
/ ;
~/ /
y
,~~~ w ~ ~ ~
%~~T_ ~ ~
t' p `J'am ~ / /r ./ / < ~~~
c1 z p C ` ~ m ~ ^` `t, g~ ~`
;yyNL z \~ ~\~ ~ \•, 1y ~~ / L
\ ~ ~''"\ _
\ ~ ", ^`\ 2
Q 7v~7q [. F
1 `)
;A ~
to ~ \\ 's ~ ~I1 to ./Ci ~
m^5 v~ \ 1 ~1t ~~'[: t~ ~\~'' z
~VI \\ ~. \ \L ~-`(y../ ~\V,1 r~Xi ~y O~VITA<~
~; ~ \ ~\\\vA\l~ i\k vI'I~A VIF°m
q O O r y\\~'~ \
m
z ~~. m
m ~ ~ -~ n _, O u~ ~ d (n
>, I
mN \',\~ i. <<_-ie~ ,~' D a ~ ~W1~I~oAZ/,~ ~av1aL~. - ~o
`~ `~yr .d Z B ~ ~ Z~A V~~ ~ 0170 ~sA A
A ~\ m ~~', NZfy]. m~C A .llmfrl ~O
\_."A ` I Jr- m ~l ~ \ __.~-m 8~ VI-2VlI pU f1':(~Il yy yy r1
SC. ~O ~ $ 2 0 0 ~ (.J J r $ \v.-___--_~_ r N C rrCt 7C A yp
•. 2 T` 2:TfZ D -1 G ~2~Zr'm1~
~ ~ ' ~~ ~~ ~~ O ~m~~o~~
F ~ ~ mI CO
N
;v ~ ; `~
DESIGNED BY: NS , iu~„
DATE: 1113!07 REVISIONS: THE BIRCHES AT WILDCAT CLIFFS ~"°``°r`°°a`r°`°°n
DRAWN BY: NS '
o-.,,
CHECKED 8Y: HO `` LandDesign
SCALE: I'= 50' •=~.i `o~''y'=. a Issued for Permiaing O
Q.D. BY: MK GRADING & EROSION CONTROL PLAN ~~ k
Figure 3 A P- [~s Gruv. Arcade Building.
PROJECT d: 6007075 =t ';m b f '"~ T ~ One Page Avenue, Suite 110 Asheville, NC 18801
~~'~.± :~^•L`` Issued for Pricing V. 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•.
PoOlical Features r,~-o~g gurN~gy,area: Y.datvn Courrty~, North Caro€!na
• Cc~d 1e::rC"5~IC:n Munk:ipalilies
Suruey l~+ea !}ala: very:on 6, Jan tg, c'~'1Q7
Dateiai aerial images •~ere photographed: 2~`3,19E~3; 25~1~5
.. Gra>x~)y SCc:". ~ ~-::ari .A=._tirn
Tr1e 9TltrtlphJlO ofother 'lase m~ on whrh the 5flk1 ie7e5 were
~ -anc!!ii Wa1ex Features ~sAr pr'igd ar-d dag1ized pro'3auy ~1Ters ir~a~, tkte backgroumJ
~ '1'aa:c~ =^'~`J£'ry lisp eyed 4n 1!5658 t".aps. F,5 a re5i/y, StatT0.a !?3fr70r stliliing
r1 -~:y
,,h, 4t^",ap unit ~~i,-~a; ~~r :~ e~~~tt
0
+~ V,ne csr Ocr3r~~.' ~^-~' ~: e:irrn and :.artad5
~,i~cx?18nExlus'."ia:e^ Transpcrrtetieti
~ ~'e!Hlr1ia11'wi'.!i
R ttatl s
~J '[i3:X o`~'J t;; ry`F k1kf~.".21.a hH~'iW6i}'+
- :i.1 r.1 ]L.G'e
~]Y' tt,tjhx'~ys
`
~ ,, ~ ~ ,.. ~F rr ~-
~.~ 1 .
' -
.. ~q ~r ,,,~~•• •~~
Y
p ~c,:ic S:x:: ~~ ~
~i
~
7
=_ Baez! .Area ;
;
~IICr, . ~~~~f .
N05AN;.
~ ;... ,. ~ .. ,
Map Ul~~t Lage~d ,
M~acan Caunt~r, North Canrtina [NC113~
AA~Caap U nit Symtrol Map Unit Name Acrns in I4Q1 Percent aF AClI
EdC E'dnaY'v ,-~:rNStn 1. _]T;~~x.5 i.L J.3';~
to 15 pa*c~rn 5-saes, slonp
EdC Edna~v ;e-Cnsstn:n .oTSp~;x. t.L =~.7'%;,
15 t:; ~~ percent 5+upes, stony
P::G P oft i_ne sandy ~'r:, 15 to :r9 2.~~ 15.B~L
oervent 5ropes, ~-targ'
P:rE P »tt f+7a 5arndy' na^•, 3Q to 5J ~t.-1 3.3'>;,
aa•~~en1 s~pes, stogy
-~~.A 'oxea~ay soar, 7b 2 percent 3.5 2J.•t',~,
5 +7p85, ~~ilent3y f'~adai ~~
iL'% J ~ a __ ~ i~£•- i'1i nt8 5 td~e •t .2 3 Z. V "~i,
=,7":D max, 5to 35 pa-fig ~t
soaas
-'o1as fa• A•aa ai Ime*a5t ;.4~1i ~ Y2.9 ~ 'i~_10.~7 ~i,
CLEARWATER
Wildcat Cliffs Environmental Consultants, Inc. 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'