20080299 Ver 1_401 Application_20080208

ENV
Ernvironmental Consulting services Inc.
643 Green Way Road
Suite K-3
Boone, NC 2860
Ph: 828-264-8880
Fx: 828-264-8890
February 13, 2008
Ms. Cyndi Karoly
Division of Water Quality
401/ Wetlands Unit
2321 Crabtree Blvd., Suite 250
Raleigh, NC 27604
RE: Linville Land Harbor
Dam Reconstruction Project
Transmitted with this letter are 5 copies of the 404/401 permit application for the
Linville Land Harbor Dam Reconstruction Project. The contact for this application is
Mike Simpson, General Manager of Linville Land Harbor, 828-733-8300. ENV is the
consultant for this project, could you please copy us on any correspondence with the
applicant. Cumulative permanent impacts for this project consist of .14 acres of open
water impacts. All other impacts associated with this project are temporary.
Enclosed is a check for $570.00
If you have any questions regarding this application please contact us at 828-264-8880.
Sincerely,
Jo Vilas
President, ENV Environmental Consulting Services, Inc. ~ O
~~~
0 ~~
Cc: Mark Landis - Schnabel Engineering ~~~
Mike Simpson -Linville Land Harbor ~' F F 8 ~ ~ 2
Amanda Jones - USACE ~;1~~~'~ ~ ~ ~
Ron Linville - WRC ,~ ~~~~°R°~wP~~`~~
.~~
;.

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Office Use Only: Form Version March OS
USAGE Action ID No. DWQ No.
(If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".)
I. Processing
1. 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: NWP 3
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 details), check her(e~? (^
II. Applicant Information ~ ~i' / ~°-'~~ D
1. Owner/Applicant Information FEB ~ ~ 2008
Name: Linville Land Harbor (contact: Mike Simpson) _ , r~GR Qtlpt~?'~_ ~~~
Mailing Address: P.O. Box 160 _.._,., ~ I~SaN®s~'~~
Linville, NC 28646
Telephone Number: 828-733-8300 Fax Number: 828-733-1918
E-mail Address: ~eneralmanager(a~linvillelandharbor.com
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: John Vilas
Company Affiliation: ENV-ECS, Inc.
Mailing Address: 643 Greenway Road
Suite K3
Boone, NC 28607
Telephone Number: 828-264-8880 Fax Number: 828-264-8890
E-mail Address: iohn(a~env-ecs.com
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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: Linville Land Harbor Dam Rehabilitation
2. T.LP. Project Number or State Project Number (NCDOT Only):

3. Property Identification Number (Tax PIN): 284410364189
4. Location
County: Avery Nearest Town: Linville
Subdivision name (include phase/lot number): Linville Land Harbor
Directions to site (include road numbers/names, landmarks, etc.): From Boone take Hwy
105 SW to Linville, take a right on Hw~0.6 mile), take a left on NC 181 / Hwy 221 (2.2
miles), take a right at the entrance of Linville Land Harbor. Take an immediate left on
Harbor Lake Road (0.4 miles), then take a right on Harbor Lane. Harbor Lane dead ends at
the Linville Lake Dam.
' S. Site coordinates (For linear projects, such as a road or utility line, attach a sheet
separately lists the coordinates for each crossing of a distinct waterbody.)
Decimal Degrees (6 digits minimum): 36.04039 °N 81.88799

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6. Property size (acres): < 4 acres (immediate project area)
7. Name of nearest receiving body of water: Linville River (Tr)
8. River Basin: Catawba 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.ne.usladmin/maps/.)
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 land use around Land Harbor Lake is primarily residential
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with a golf course within the community. The Linville Land Harbor waste water treatment
facility is located adjacent to the project site, and slightly downstream from the dam.
The existing dam is approximately 500 feet long and consists of three sections, 5 ag tes,
earthen dam, and an emergencypill wa~see p~gures). Wetlands were found at the
mouth of Anthony creek and below the dam within braided sections of the Linville River. A
section of the wetlands found within the Linville River are formed on sediment deposits.
There were no other significant areas of wetlands found within the project area. Wetland and
stream data sheets, for those jurisdictional areas in the vicinity of the project site, are located
in Appendix A of this application. The dominant vegetative communities consist of: Pinus
virginiana, Betula alle>;haniensis, Betula ni~ra, and Acer rubrum. The soil types for the
project are listed in the below table (see Soil Ma~p~ 4 of fi uresZ
Pro'ect Soil T es
CrE Crossnore-Jeffre com lex, 30 to 50 ercent slo es, ve ston
FeE2 Fannin sand cla loam, 30 to 50 ercent slo es, eroded
Rs6 Rosman sand loam, 0 to 5 ercent slo es, fre uentl flooded
UdC Udorthents-Urban land com lex, 2 to 15 ercent slo es
WtD Whiteoak fine sand loam, 15 to 30 ercent slo es, ve ston
Land Harbor Lake is located within the Upper Catawba River Basin (03-08-30). The Land
Harbor Lake has two main tributaries, Anthony Creek (C, Tr) and Linville River (B, Tr .The
existing lake has a drainage area of approximatel~9 square miles, a surface area of
approximately 43 acres and contains roughly 340 acre-feet of volume. An evaluation was
completed to assess the potential for federally listed Threatened or Endan er~pecies, it
was determined that no suitable habitat was identified within the construction vicini for any
of the federally listed species of the area.
10. Describe the overall project in detail, including the type of equipment to be used: This
permit application is for the repair and replacement of the dam at Linville Land Harbor under
NWP 3. This is a four phase project; please see the impact maps to assist with the following
description of each phase. The construction footprint for this project will be approximately
3.89 acres, the area of disturbance, in andjurisdictional water, will be limited to no more than
150 feet from the existing structure. The only exception to this will be for impacts associated
with temporary access to the construction site.
Phase 1 (see p~ 10 in figures): Activities in this phase are associated with access and
logistical issues that must be resolved prior to commencement of major construction
activities on the dam. Phase 1 activities are proposed to commence during the summer of
2008 and conclude in early springy 2009. Approximately 150 feet downstream of the existing
dam is an aerial sewerline that must be moved in order to allow access to the dam site by
lame trucks and equipment. This line has been dammed three times from debris and flood
events in the past and should be moved to prevent future damage. As part of this project the
line is proposed to be moved downstream approximately 130 feet to a narrower section of the
river. The new section of line will be installed underground. There will be approximatel~10
linear feet of temporary stream impact associated with this activity.
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A temnorarv access road is proposed from Pineola Road south of the site (see p~ 13 in
' fiaures). This road is necessary because the interior roads of the Land Harbor development
are not suitable for the volume of construction traffic and do not facilitate access at
~propriate locations. In addition, there would be significant safety issues with a lame
' volume of construction traffic passing through residential resort neighborhoods during the
summer months. The Temporary access road will be 20 feet wide and will cross one
intermittent stream (UT-LR-T4) and one small perennial stream (UT-LR-T3). Both crossings
will involve the installation of temporarYpipe culverts. At the completion of the project the
pipes will be removed and the streams will be restored to pre-project conditions.
' The final Phase 1 activity will be the draw-down of the lake. This will occur over an
approximate 14 damperiod unless excessive rain prolongs the effort. A 14-day drawdown
period will increase downstream flows b~approximately 12 cfs during the period; this
' represents less than a 30% increase over mean annual baseflow and would not be expected to
cause any adverse impact to habitat downstream of the dam site.
Phase 2 (see pg 11 in figures): Activities in this phase will commence immediately following
' the draw-down of the lake and will include all activities through the completion of the new
concrete portion of the dam. The sequence of activities is as follows:
• Construct a diversion channel from the existing flow line of the river to the existing
' emer enc~pillway. Once this channel is completed the river will be diverted and
follow the existin~flOw path below the emergency spillway to the to the tie-in with
the river approximately 260 feet below the dam. The diversion channel will be sized
' fora 10-year flow event. The diversion channel will be operated such that
approximately 4 feet of storage will remain in the lake, this water is necessary to
provide irrigation to the golf course.
' • After the river is diverted, coffer dam # 1 will be constructed to seal off the existing
concrete portion of the dam. The contractor will prepare the final designs for the
cofferdams; they will consist of earth and rock fill and synthetic wrap on the upstream
' side to temporarily control seepa~ps will be required to keep this area dry. All
construction site water will be treated in a settling basin and filtered before discharge
' back into the river.
• Construct coffer dam #3 below the existing dam to prevent tailwater from flooding
back up into the construction site.
• Demolish existing dam, excavate and pour new footings, construct remainder of
' labyrinth dam construct earth tie-in to existing earth dam, remove erosion control
measures, re-establish downstream primary flow path, and stabilize.
' Phase 3 (see p~ 12 in figures): Activities in this phase will commence following the
completion of the new concrete labyrinth dam and will proceed through the completion of the
' project. The sequence of activities is as follows:
• Remove coffer dam #3, remove coffer dam #1 and allow flow to pass through
primary spillway of new dam.
' • Construct coffer dam #2, demolish remainder of old emergency spillway, construct
earth dam to extend from western end of existing earth dam across area of emer~ency
sp> llway.
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• Stabilize new earth dam remove coffer dam #2 remove erosion control measures
stabilize all disturbed areas and areas of temporary impact. Remove temporary
culverts placed for access road and stabilize stream.
• Fill lake behind new dam.
The following is the proposed schedule for construction: The project is expected to take
about a year to complete.
Linville Land Harbor Pro osed Construction Schedule
Prior to Lake Draw Down Summer 08 Installation of the new sewer line and removal of the aerial sewer line
Februa -March 2009 Draw down of the lake be ins, Construct Access Road
March - A ril 2009 Place erosion control devices in and around the construction site
Late March /Earl Aril 2009 Construct stream diversion and coffer dam and divert stream
A ril - Ma 2009 Demolition of the old ated structures
Ma - Se tember 2009 Construction of the new dam
Se tember -November 2009 Divert stream throw h newt constructed dam
October -November 2009 Reconstruct the earthen art of the dam
October -December 2009 Stabilize entire site/ com letion of ro'ect
A Tier I and Tier II analysis will be completed to analyze the accumulated sediment before
droving operations take place. It is anticipated that the results from the Tier II analysis
should be received b~v May. The Tier I anal s~ is reported the followin f~dings:
"On-site there is no evidence or indication of current or past environmentally threatening /
hazardous activities that would cause sediment contamination. Off-site there are no observed
recognized, or known environmentally threatenins; /hazardous conditions, activities, or sites
existing in the vicinity of the subject property that might result in the accumulation of contaminants.
However, the presence of four golf courses within the subject watershed has given cause for further
concern of possible metals or or;;anic compound accumulation within the sediment behind the dam."
Dredged material will be placed in an approved upland area that will be identified on the
final erosion control plan. Andtemporary fill placed during construction will be removed in
its entirety. The entire site will be stabilized prior to the completion of the project. The
structure will be maintained by the Linville Land Harbor to ensure public safety.
11. Explain the purpose of the proposed work: The purpose of the project is to repair /replace
the damaged existing dam and to remove the existing aerial sewer line to allow for
construction access of lar ergequipment. The Land Quality Dam Safety Program has labeled
the dam as a priorit~~h hazard project. The repair /replacement of the dam will
commence in 2009, with preparation beginning in the summer of 2008.
' IV. 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
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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. General 404 Permit Verification, Action ID: 2007-3120-306 for NWP 6
& 33 on October 11, 2007. This permit was obtained for a temporary crossing in order to
complete a geo-technical study to develop the scope of work that must be completed to repair /
r_place the dam. The work was completed in November 2007.
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.
It is anticipated that there will be no further permit requests associated with this project once the
dam is completed.
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 dam design was chan eg_d
from a strai>;ht dam to the labyrinth design due to Leo-technical issues relating to the stability
of the underl~g bedrock. With this change; the dam footprint will be slightly larger
primarily because of the larger footing required under the labyrinth dam. The dam design
was shifted to the north to lessen the impacts to the Linville River and wetlands; permanent
impacts that occur within Land Harbor Lake consist of the concrete portion of the dam
footprint and earthen fill from the extension of the earthen dam. Temporary impacts are
associated with divertin>; the Linville River, three coffer dams, excavation inside the coffer
dams and other temLorary construction activities needed to complete the project. These areas
will be removed of any fill and returned to their on ig nal grade. The aerial sewer line
spanning 382 if will be removed and placed underground throu;;h either directional drillin>;
or conventional excavation, the placement of the underground line will be approximatelyy 175
feet downstream from the existing aerial line. The installation of the new line will likely
result in 10 to 15 linear feet of temporary impact to the Linville River. Other impacts are a
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result of temporary culverted crossings needed to span UT-LR and 2UT-LR for access to the
' construction site via an old farm road. These crossings will each be 40' wide. After
construction is complete, both crossings will be removed along with any temporary fill, and
the area will be returned to its existing_grade. The cumulative impact table below has the
' quantitative values for permanent impacts only.
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
Floodplain Nearest
Stream Impact
(acres)
(indicate on map) herbaceous, bog, etc.) ( es/no (linear feet)
W-Tl Temporary Fill Vegetated Flat Yes Adjacent .001
Coffer Dam (3)
W-T2 Temporary Fill Herbaceous Wetland Yes Adjacent .0003
Coffer Dam (3)

Total Wetland Impact (acres)
3. List the total acreage (estimated) of all existing wetlands on the property: .15 acres
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.
Stream Impact
Perennial or Average Impact Area of
Number Stream Name Type of Impact
Intermittent? Stream Width Length Impact
indicate on ma Before Im act linear feet acres
Temp-Within Braided
LR-1 Linville River Construction Perennial
35, 15 30 .03
Limits
LR-Tl Linville River Temp- (3jfer Dam perennial 80 32 .10

LR-T2 Linville River Temp -Excavation perennial 50 10 .02
for Sewer Line
UT-LR-T3 UT-Linville River Temp. Fill / X-ing Perennial 11 40 .O1
2UT-LR-T4 2UT- Linville Temp. Fill / X-ing Int. 3 40 .003
River
Total Stream Impact (by length and acreage) 152 .163
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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.
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Open Water Impact
Name of Waterbody Type of Waterbody Area of
Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact
(indicate on ma) ocean, etc. (acres)
L-Tl Land Harbor Lake Temp - (1 j fer Dam Lake .27
Temp -
fer Dam
L-T2 Land Harbor Lake (j Lake .18

L-T3
Land Harbor Lake Temp -Diversion
Lake
.14
Channel
L-T4 Land Harbor Lake Temp -Disturbed Lake .07
Area
L-TS Land Harbor Lake Temp -Disturbed Lake .24
Area
L-1 Land Harbor Lake Change in Dam Lake .07
Footprint
L-3 Land Harbor Lake Fill from Earthen Dam Lake .06
Fill for to connect
L-4 Land Harbor Lake concrete dam with Lake .O1
earthen dam
Total Open Water Impact (acres) 1.04
6. List the cumulative impact to all Waters of the U.S. resulting from the project:
' * Temporary impacts are not calculated in as cumulative impacts.

Stream Im act (acres): 0.00
Wetland Im act (acres): 0.00
O en Water Im act (acres): 0.14
Total Im act to Waters of the U.S. (acres) 0.14
Total Stream Im act (linear feet): 0
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
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
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Describe the method of construction (e.g., dam/embankment, excavation, installation of
' draw-down valve or spillway, etc.):
Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond,
local stormwater requirement, etc.):
Current land use in the vicinity of the pond:
Size of watershed draining to pond: Expected pond surface area:
' 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. The Linville Land Harbor Lake
dam has a dam high hazard classification by the NC Division of Land Ouality Dam Safety
Program, causing a threat to all those persons and properties downstream. The dam, originally
constructed in the 1920's, first dammed in the 1940 flood, and further damaged in 2004,
contains 5 gates, an earthen dam and an emergency spillway. The concrete portion of the existing
' dam is in particularlypoor condition because of a condition known as Alkali-Silica Reactivity.
This condition causes the concrete to become weak and unstable from the inside out. The NC
Division of Land Resources, Dam Safety Program considers this dam to be a high priority for
' repair or rehabilitation due both to the failing condition of the dam and the potential for extreme
property damage and loss of life in the event the existing dam fails. Financially, Linville Land
Harbor Property Owners Association is entirely responsible for this project. The money is being
' acquired from a special assessment for each property within the Land Harbor. The dam design
and planning effort has been concentrated on keeping impacts out of wetlands and out of the
Linville River to the greatest extent practicable within the existing financial and site constraints.
' The new dam will be located in essentially the same footprint as the existing dam. The normal
pool elevation, volume and surface area of the lake will not change. The new concrete ,portion of
the dam will be a labyrinth design instead of a straight concrete dam with gates and will have a
' lar eg r footprint resulting in approximately 0.07 acres of new permanent impact on the lake side
of the dam. This section of the new design was shifted north about 30' from the original design
to avoid impacting the wetlands below the dam. The labyrinth design was selected because of the
' fractured nature of the underl~g bedrock that was not considered suitable for the higher loads
associated with the straight dam design. An advantage of the labyrinth is that it provides both
primary and overflow capacity in a single structure, eliminating the need to rehabilitate the
exi tingesemergency overflow. As a result, the existin emergency overflow structure will be
demolished and replaced with a section of earth dam. There will be 0.07 acres of permanent fill
impact to the existing lake bed associated with the expansion of the existing earth dam structure.
' In addition to 0.14 acres of permanent impacts, there will be 0.0013 acres of temporary wetland
impact, 62 linear feet of temporary stream impact, and 0.9 acres of temporary lake bed impact
associated with coffer dams, the temporary diversion channel, sediment control measures, and
' other activities in the immediate vicinity of the dam. These activities and associated temporary
impacts are essential to facilitate construction, safety, and water management during' this project.
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The sewer line needs to be moved because of the damage received during high flow events and
access issues. The aerial line makes it impossible for large equipment to move under it, therefore,
limiting_access to the dam construction site. Moving the aerial line to an underground line will
lessen the possibility of future damage to the line and/or contamination to the river. Access to the
site remains an issue, no access can be provided due east or west of the dam site due to the
residential streets of Linville Land Harbor, safety issues, and close proximity of structures and
buildings. The only viable alternative for access is to enter the site from the south using an
existing farm road that does from Pineola Rd. to the waste water treatment plant (WWTP); this
access road was moved south of the WWTP slightly to keep impacts out of an existing wetland.
All impacts listed within this permit are necessary to complete the project and its goals; an effort
has been made to keep the construction area as condensed as possible while still allowing
adequate space for efficiently and effectively completing the project.
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 (see DWQ website for most current
version.).
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,
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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 for this project takes the form of avoidance and minimization efforts and
' restoration of temporar~mpacts. Several minor changes in the design have been made to
avoid wetlands, specifically with the shift northward of the labyrinth structure and shifts in
the access road location. The removal of temporary fills in the lake bed, the restoration of the
floodplain area below the dam and the removal of the two temporarypipes installed under
the access road may all be considered as mitigating efforts.
' 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
[phone] 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:%/www.nceep.net/pa~eslinlieureplace.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):
Amount of buffer mitigation requested (square feet):
Amount of Riparian wetland mitigation requested (acres):
Amount ofNon-riparian wetland mitigation requested (acres):
' Amount of Coastal wetland mitigation requested (acres):
' 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 es does the ro'ect re uire re aration of an environmental document ursuant to the
Y~ p J q p p p
requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)?
' Note: If you are not sure whether aNEPA/SEPA document is required, call the SEPA
coordinator at [phone] 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
Updated ] 1/1/2005
Page 11 of 13

1
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
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

1
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
1 3 (2 for Catawba)
2 1.5
Total
* Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an
additional 20 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. There will be no Chan eg_in impervious acreage in
' response to this project
t 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.
There will be no wastewater generated from this project.
' Updated 11 / 1 /2005
Page 12 of 13
1

02!13/2008 15:01 828-733-1918 LAND HARBOR POA PAGE 01
'
02/13/2008 11:1 62@268690 ENU ECS ING: FAGS 021 Q2
XIII. Violatiaas (required by DVVQ)
Is this site in violation of DWQ Wetla:ul Rul$s (15A NCAC 2H .OS00) oar stay .Bu~fcx Rules?
' Y'es ^ No ~
Is this sax after-the-fact permit application? Yes ~j lvo ~
' XIV. Gtmnulatir~e Xmpacts (,reg~ifix+ed by AwQ)
Will this pmject (ba,~ed oza prix axad reasoaaably aaxticipated futwe impacts) result in additional
' developaxaenty wlucb. could iuoapact ueaxi~v dowr~atJreaiao. watez qual;iry? Xes ^ Nca
zf v$s, please submit a qualitative or quantitative cumulative impact analysis is accardamce with
the most rec~zaf North ~arcal9raa Di'visao~ o9f water Quality policy posted ors our wcbsite at
httza:/!h~,~,,e.,~,,r,~tn~.~,e;',~~,u~ettanc~s. Ifna, Qlease gzovide a short narrative description;
' 7~V. Other Cireuws#tnees (Optional.):
It is tl~s ap~ilicatit's responsit~ility to submit the a~lication sufficiently in advancs of desired
' cob.stzuctiotx dates m allow processing time for these permits. However, sn applicant may
rhoo9t to 1zSt'coaxs'k[ai~zxts associated with coastructioa or seclucnoing that may impose limits ors
~vazk schedules (e,g., draw-down schedules foz lakes, dates associated with End~agcrod axad
'Thceatetted Species, accessibility problems, qr other issues outside of the applicant's control).
Applicaiatl.A.gerat's Signs re Date
' (Agents signature is valid only if an autharizatian letter from the applicant is provided.)

~opd.ka :, n ~znos
Page !4 of lA

I

I

List of Figures
Location Map 2
Vicinity Map 3
Soil Map 4
Photo Sheet 1 7
Photo Sheet 2 8
Existing Conditions 9
Phase I Impact Map 10
Phase II Impact Map 11
Phase III Impact Map 12
Access Road Aerial 13
' Page 1

~f
F soi+
_-~ .~r
Linville Land Harbor Dam
G ern i
Linville Land Harbor
Avery County, North Carolina
404-401 Permit Application
Location Map
~~;~.~ .
Envinonrr+ental Cons~g se.vices Inc.
*Data from Avery County, Geographic Information System, December 2007

e.~"i" Linville Land Harbor
E""'ro'"'~'~'CO1S""~~"~'"~• Dam Reconstruction Project
Linville, North Carolina
~ To Linville Vicinity Map
s _ - ~ ~ ,. t
.. ~ ~ a' ~ ~ a ar Y ,~~ ~ Y` h~~a .~ t x rte'*,~'~- i~ n~ ~ w
~~ ,~~!". ae ~ Y ~,. ~ ,~,~ ~ §~, s~ ~'" .fix ~ ~ A~ ,.~ .+,~"« _° "~
} 4s ~ 5 y '~ is t I4 ~~ r : F:
p P. y ~ ~ fR j{` k ,<"fit ! ~
d "" + ~"
,«
" ate` ° ~ ~':s': ~ "`" ~. '°' " `~ r ' '~ '' ~' ~ ' _ ~' ex _' # ~ ~ ~'a t
r +"~t '~° ~ 4 ~~ i ~~ ,''t, rt ~ a ~ a~~
5f- °' i ~ ~'' a isi ~ ~'• ~.. „'r"tt. t- x* ~t
~ ~,;
f4 4 ~
. ,. _ , +
eS S 3 aid ~ ~ ~ ~ a . ,, sT"• *d
'~ P.. 'sa y_ ~' + ~ A: "" ~ iJ . c y, k'~ '~C' a~ ~ "~ rte.. viw~. "~ E ~ '"' r -` ~ s s e ~ 'Xd ~:
f t~~' ' ~ ~,~ 't~+" ~ r ., gym. . ~ "~ A v «~ ti ,h '~ .; ~'€~ '~ I ~ ~r. ~ .y ! ~ ~ ~ ~
u t
~.
d "~ Y ... kn 2 ~' ~ Fs b w„
,~
;;
«-.
~~ _ ,
~~ _os"" c ? p ~ y ~,_ ?~+t
~~ ~
w
' "~` a air ~ ~ ~ ~
Y ~ 7~,
. ~° ~ ~ E k fF~ ' 4r ~ ~` `it ' ~ ~~ '4 ''s r ~ aA 3
~' ~~ ~ "a, .s' ,~ ~: ~ ~ a~a m."` w ~ . d~A `s5«. ~ ~~LL~ 1~ ' ~ a "a'ariv° 7 !~ ~"" ~ 4„ ,~`~'~` ~r, F ` ;` r~ Fa
~`~ ;~? ~~ .' ~" ~,. ~ ",~ i` "tom .~ ~' i~ r .sue '" ~l~`"~ '" x m y an g ~ ~~ r F'.~ '~ ;~`", s ~ .
r .« br r, ,
~~~. ~ ~ ~ ~ ~ ~ ~ ~~ ~ 3-~ ~ ~ ~4 ~
,~~ ~~ ~;
s
s:
f C, A
~^° `r `'s. ga. ~ } 6~'",'.i t~ ~
^ teas ~, . , .~ ~ ' #~2 ,?;~~ ..~ '° ~ -: ~. q~„a t~` ~i ~ ~~i f ~,~w o- ~ ,u x ~4..q~ ^ ~._C
,y
.~
F "
z t<
` $ ~x,
" ~ ~
., ` ~
}#
.,
r y `To Pineola -- ~ ~" ,~ •~
Project Area
W

Soil Map-Avery County, North Carolina
(Linville Lantl Harbor)
Page 4
N Meters
A 0 10 20 00 60
Feet
0 a5 90 180 270
~;SD-~ Natural Resources Web Soil Survey 2.0 6/13/2007
~ Conservation Service National Cooperative Soil Survey Page 1 of 3

Soil Map-Avery County, North Carolina
(Linville Land Harbor)
MAP LEGEND
MAP INFORMATION
area of Interest (aol) ~ very Stony Spot Original soil survey map sheets were prepared at publication scale.
{ Area of Interest (AOp
t S
t
W Viewing scale and printing scale, however, may vary from the
- ~ e
po original. Please rely on the bar scale on each map sheet for proper
Soils ~ Other map measurements.
Soil Map Units
special
Line Features
Source of Map: Natural Resources Conservation Service
Special Point Features Gully Web Soil Survey URL: http://websoilsurvey.nres.usda.gov
,.; Blowout Coordinate System: UTM Zone 17N
Short Steep Slope
® Borrow Pit This product is generated from the USDA-NRCS certified data as of
... other the version date(s) listed below.
y~~,. Clay Spot
Political Features Soil Survey Area: Avery County, North Carolina
Closed Depression Municipalities Survey Area Data: Version 8, Jan 18, 2007
;;{ Gravel Pit ~ Cities Date(s) aerial images were photographed: 4/8/1994
.. Gravelly Spot Q Urban Areas The orthophoto or other base map on which the soil lines were
~ Landfill water Features compiled and digitized probably differs from the background
~i Oceans imagery displayed on these maps. As a result, some minor shifting
Jt Lava Flow __ of map unit boundaries may be evident.
,~ Marsh - Streams and Canals
5; Mine or Quarry Transportation
.~.i. Rails
~o Miscellaneous Water
Roads
QQ Perennial Water ry,,. Interstate Highways
~ Rock Outcrop US Routes
+ Saline Spot State Highways
.. Sandy Spot ,y Local Roads
Severely Eroded Spot Other Roads
~. Sinkhole
~~ Slide or Slip
p Sodic Spot
Spoil Area
~ Stony Spot
1• ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
t':SDA Natural Resources Web Soil Survey 2.0 6/13/2007
~ ~~ Conservation Service National Cooperative Soil Survey Page 2 of 3

Soil Map-Avery County, North Carolina
Linville Land Harbor
Map Unit Legend
Avery County, North Carolina (NC011)
Map Unit Symbol Map Unit Name Acres in AOI Percent of AOI
CrE Crossnore-Jeffrey complex, 30 0.4 5.6%
to 50 percent slopes, very
stony
FeE2 Fannin sandy clay loam, 30 to 1.6 22.5%
50 percent slopes, eroded
Rs6 Rosman sandy loam, 0 to 5 0.9 13.3%
percent slopes, frequently
flooded
UdC Udorthents-Urban land 2.0 28.0%
complex, 2 to 15 percent
slopes
W Water 1.3 18.7%
WID Whiteoak fine sandy loam, 15 to 0.8 11.9%
30 percent slopes, very stony
Totals for Area of Interest (AOI) 7.0 100.0%
~ ~~>~ Natural Resources
'~ Conservation Service
Web Soil Survey 2.0
National Cooperative Soil Survey
6/13/2007
Page 3 of 3
Page 6

Linville Land Harbor
Photo Sheet 1
Gates and wing wall near earthen
portion of the dam.
•~ ~ <:
a ~ ~ ~ ~ ~ ~~~ ~~`
.~• .~;~.
~,.
~~ ` ,~..
°~
~~
~~ n~"
Existing main spillway.
.~
} .:~
~;~~•
~~. x ~ ~ N~
*w
~ ~_,
s,R ~ x~ .~
"~c~.
~:
~.. ,~'~~~ . Wa . ~ ~ ~o ,. . s.
Vegetated area between the Linville
River and the emergency spillway.
Page 7
Dam deterioration from
Alkali-Silica Reaction
Gates as seen from
downstream of the dam.
Wing wall along the east bank of the
Linville River.

Linville Land Harbor
Photo Sheet 2

UT-LR at temporary crossing Aerial sewer line above access road.
Note height limitations for access
equipment
{,>..

r ~~°
~^'
Z4 ~
"'
~ ~ V
~ `Y
$a
~, ~
' s~ rf ` ~
"'1,

,:Yi ;;
:;t .~ ~:
~ v
dry' ~ ~,° dr~M< a ~ T
d ^s t`.
4 ~_, ~
., o- 4 . ~~
Looking across UT-LR toward
existing access road from WWTP
where new access road will tie in.
Page 8
Seasonal Drainage
2UT-LR
W4 where UT-LR goes subsurface.

' i:.~ r
Fsvirorxr~er,~~ C.onsulNng Servixs Ine.
~, , 643 Greenway Road
Suite K-3
Boonc, North Carolina 28607
Ph:828-264-8880
Fr 82R-2fi4-8890
' N
W -~ --E
3
1 "=80'
' 0 20 40 80
t
1
1
1
p~E
RA 7
Page 9
Linville Land Harbor
Dam Reconstruction Project
Linville, NC
Existing Conditions

0
m
m
a
ENV
~,~i consult~g services rnc.
643 Greenway Road
Suite K-3
Boone, North Cazolina 28607
Ph:828-264-8880
Fx:828-264-8890
N
W -~~ `~~~ E
~,
s
1 "=80'
0 20 40 60
/ ,
Linville Land Harbor
Dam Reconstruction Project
Linville, NC
Phase I Impact Map
Phase I and Pre-Construction Activities:
• Phase I Consists of Pre Dam Construction Activities
• The underground sewer line will be put into place in Summer 2007 -Temp. Impact LR-T2 (.02 acres)
• The aerial sewer line will be taken out once the new sewer line is installed and functioning properly in Summer 2007
• The Access Road will be Constructed -Temp. Impact UT-LR-T3 (.01 acres), Temp. Impact 2UT-LR-T4 (.003 acres) March 2009
• Lake Drawdown Begins March 2009
i /

__
Basemap Provided by Schnabel Engineering

m
a
EEti`V
Envir~nnmental cas„Itina services Inc.
643 Greenway Road
Suite K-3
Boone, North Carolina 2860'7
Ph: 828-264-8880
Fx:828-264-8890
Linville Land Harbor
Dam Reconstruction Project
Linville, NC
Phase II -
Phase II:
~ • Construct Diverson -Temp. Impact L-T3 (.14 acres)
W ~( ~ e • Start Diverting Linville River
-~%~ • Construct Coffer Dam (1) -Temp. Impact L-T1 (.27 acres)
s • Construct Coffer Dam (3) -Temp. Impact LR-T1 (.10 acres), W-T1 (.001 acres), W-T2 (.0003 acres)
1 °=so' • Construct Concrete Portion of Dam -Impacts L-1 (.07 acres) , LR-1 (.03 acres)
~ ~ • Construct Earth Tie in To Existing Earthen Dam
o zo ao so • These efforts will result in an area of disturbance -Temp. Impact L-TS (.24 acres)
,~

Impact Map
Basemap Provided by Schnabel Engineering

Envirorotx~rttal Consulting services Inc.
643 Greenway Road
Suite K-3
Boone, North Cazolina 28607
Ph: 828-264-8880
Fx:828-264-8890
Linville Land Harbor
Dam Reconstruction Project
Linville, NC
Phase III -Impact Map
N
~~ Phase III:
~, ' • Re-Divert the Linville River through the new spillway
s • Construct Coffer Dam (2) -Temp. Impact L-T2 (.18 acres)
• Construct Earthen Part of Dam- Impact L-3 (.06 acres)
~ -80 • These efforts will result in an area of disturbance -Temp. Impact L-T4 (.07 acres)
0 20 40 80

m ii
Basemap Provided by Schnabel Engineering

~ ~ ~ s ~ ~ ~ ~ ~ ~ ~ ~ ~
1_':VV
Environ,nenrai Consuttng Services Inc.
v
W
~ ~ ~ ~ ~ ~
Linville Land Harbor
Dam Reconstruction Project
Aerial Photo from Avery County, GIS -February

1

1

Appendix A
Linville River
Delineation Map
Data Sheets
JD Form
UT-Linville River
Delineation Map
Data Sheets
JD Form
Appendix A

i
'` /
EMS REST_~gi.
rt
,,~
B CONCRETE
7
' ;~+` MASS ~ B ~~
~~_~ CONCRETE A
a ~
r~
0
t
("1 r~ ~
~~i
c~
f~~ ,
~~
~.
1
1

~, b~~tla~tct ~'alculatiou Table
'
',"°~`- l : l 170 sf
rb'-?: 332 sf
'v'~'-3: 174 sf
'ege tated Flat: 3,483 sf

,/~/ l:d~e of ~~%ater
"~;
I Jurisdictional Wetlands
,lttrisdictianal Bankful 8ounda~v
' lurisdictic>nal Ve~etatcd Flat
/'~~~/' Jw~isdictional Inter-Stream Upland Island
~~'~./ ~~E~rt-Jurisdictional C)~~erflow Chartni

Z
t 1 fp 11 ~a~

~~ r
~~ ir~c
$TEEI PIPFj~ ~-y-
a8~ RtVEiED ~5 j:
~~ ,Y
'i,
yl`~ ~~`~
/~~' ~CiG
i~`
~ ~~
~" ~",r
~' ,~`
L.
/~.
~~
C~
g' X
MANHC~t83.7'
EtEV~ "
I POLE
_ Linville Land Harbor
yy-~? 5,..E
~i
s Stream and Wetland Delineation
•=80'
o z®o Prelinlinazy Jurisdictional Detcrtnination
~~,,,,I„u,_,,,t~,~,,, ,. Site Investigation: June 14, 2Q07

1
1

1

w~,ad x~-wets
' 1.D.: Plot I.D.: 4 `v ;. 'sr"+J LD.: Plat I.D.:
Do normal cvcttrces exist an the site? ? T}
Si • cros ~ situation ? ' -
Ls this a acre? Yes
No Do Hamel e~ m the site?
S' ~ situaticn ?
Is this a ~? ~ ;
a. ,
~yQ
v y
Domi~tt sttatma Ittitator S
„. ., sin Indkator
z ~~
3 j,,i ,m
4 ' ' ~ ~ r.__c _ . _ ~ -i ' ~-
5 ' _, -
/'' `^
~
? ~; ~
$ r< .~ ;
Percent of dominants U L, FAC W cx FAC Perce~ of dantnants OBL, FAC W ~ FAC z
1 Retoarks: R~~y;
1
H _ - g
~ Field Ohserv Depth of Surface Water t =_(in-?
Depth to Free Water_ ' >;,w _ (in.}

Depth Yo Saturated Soil ~ ~- ~, ; "{in,)
i Field Ohservations: Depth of Surfacx Watar.~~.____tin•7 {
Depth to Free Water ~~ s____(in,)

Depth to Satauated Soil._ ~ ,'.-~r_tin.}
P Ittdicrtors ludianton Itudicators Itsdk^atot~s
Inundated Oxidized cs Lrundatai Oxidized .
Saturated <12" ~„! Water-stained leaves Saturated X22"' W~.~~ leaves
Watcx Marks I-,oral sail mrv data Water Marks l..ocal soil surv data
. Sediment its FAC-neutral test Sediment FAC-cbut:al tee -~
e Patterns <r Other Remarks _..._ _. Pattems Other Remarks
Reims-rks: Ttemarka:
i
i
Solis ___
SoU IJdit Name: Soil L~~f Nauue:
' Procne Desert : p~~
~ Depth
inches. $orizon Madeiz Odor Mottle Teztore
Coiots
- Dept Hort:os A3atris Color Mottle Colors ~
-~ ~ ' ' _i d~ ..4-. I '

li drk Solt Iad4cators $ Soft Lratk~tors
` Histosol Caxxexiaa Hiswsoi Cio~
Histic i "c Content Histic
Sutf~eiic Odor "c Suifidic Oda
~ is Moisture Local H dric Soils List is Moisture R Local H dric Sods List
Kz~iu Catditions Naticnal H eiric Soils List Conditiats National H "Soils List ~
~ _ Gle •ed or Low-Chrana Other Rentsrlts Gl ed ~ Law-Chrome Other Rcanarks
Rentati~s:
i
____ Retnarics:

Wetland Aetermiaation wethma Detera~ioia
` H " tic V 'on Present? ~'" H 'c Ve 'a- Pfesmtt? --~'
~WetlaxtdH of Present? ~ WetlaodH drol Pr~uot?
-
H uric Soils Present? H "e Soils Present?
t is this S lin Pottri Within a Wetla~? ~~' Is 8tis S Pcdnt Within a Wetland?
RemArks: Reatarita; !
i
I
.`.___._..__ _ t
Appendix A
WETLAND DELINEATinx naTe Pinola

North Carolina Division of Water Quality -Stream identification Farm, Version 3.1

4 Soil texture or stream substrate sorting 0 1 2 s

5 Actlvelrelic floodplain ~
_- _._..__..._._____ _ _.. __
0
_ -
~
._ - __
'" 3

6 Depositional bars or benches
_
0
1 C
3
7 Braided channel p ,~ ~ - - __.
2
8. Recent alluvial deposits
...__ ___~~ __ - _ __ 0
~---y.. 2 3

9 e Natural levees
d ,
.
'~'T _ __ _
2 ~ _ 3 -

_10 Headcuts
__
0 -
1 _.-'~ _ ~_._ _ _
2 3
11 Grade controls
__~ ~~ V 0 .
^l ... 0 5
` 1 ,
12 Natural vane or draina ewa
~- -- _._. __ Y 9 y 0 ~
- 0.5 ~ 1

13- Second or greater order channel on existing _
_
~ ~-

~~
`=
.~
USGS or NRC5 map or other documented No = 0 ='
Yes
3
`;
evidence. ~
',~...a.._
__ ~--..
Date: : t ~+ ~ Project:
y-jam
Latitude:
/~ ,,( }' -
yr
!`valuator:~~~~- ~ Site: ~ Longitude:
Total Paints:
Stream is at least i»termitte»t ~
G~'
County
~ ,~ '----
pier ~~ - -~~~~
if a 19 or ere»»ia1 if Z 30 ir'-~~ e.g. Quad Name:
_- .
___
A. Geomar holo Subtotal =-,~~
a ___Absent - _ .:...._ _ Weak Moderate _
S
1
. Continuous bed and bank ~~ 0 1 2 ~
3

2. Sinuosit
_.._.-- y - __-_ -_ -

--_____._ .. _
_ _~.
~ 0 -- i'`~ 2
_ -- - _..__
__ ; y
~
--
3

3. In-channel structure: riffle-pool sequence .
__._ .. . ___ _ __T
0 2 ._.~__.~t.
'_
Man-made ditches are not rated; see discussions in manual
B. H drolo Subtotal #;~LL` )
~ .
~
gy
y

-.. _
..
----..
_ - -
14 Groundwater flowldischarge _
0 1
_ ~ 2
~ 3
15 Water In channel and > 4$ hrs since rain or
0 1 ~
2
~ 3
-
,
Water ~n channel --.dry or~row3ng season, ,.~„~ ,
16. Leaflitter _ _~1 6 ,., 1 0 5 0
17 Sediment on plants or debris
- -- - - _ _.- 0 _ ~ 0,5
___ ~.._...,r- 1
__ __ 1.5
18. Organic debris lines or piles ;Wrack lines) ~ _ - 0 0 5 1 1.5
99 Hydric soils (redoximorphic Features} present? __y No 0
__-- Yes - 1.5
C. Biology (Subtotal = ~ .~~ ) _

20b Fibrous roots ~n channel
__- _ _-__ v __._._-- _._ _.
r 3 2
_ .
1 _.._.
0

-- _ _
21° Rooted plants in channe! ,-~ 2 1 0

22 Crayfish
0 9
-- -.
1 1.5
23 Bivalves 0 ~ 1 2 --
-
24 Fish 0 0 1 ~- ~ .
25 Amphibians 0 fl 5 1 1.5 ,
26 Macrobenthos (note diversity and abundance} 0 0 5 1 1 5 ~ w
_.
27 Filamentous algae; periphyton 0 `~~ '+ 2 3
28 Iron oxidizing bacterialfungus. i"" 0~ 0 5 1 1 5
~ ____._
_.~~
29 Wetland plants in streambed FAC 0.5; FACW 0 7 ~ OBL 1 5 AV = 2.0, Other 0
Items 20 and 21 focus on the presence of upland plants, Item 29 focuses on the presence ~tland plants.
Hates: (use back side of this form for additional notes.} Sketch:
Appendix A

North Carolina Division of Water Quality -Stream Identification Form; Version 3.1

1

Date: u Jr~'/ ~? "~
Evaluator:
~~ r~a~~ ~~~ - ~~
Total Paints:
Stream is at least intermittent ;~ '~ _} ~
if >_ 19 or perennial rf ~ 30 -' ° °+~`
A. Geomor~holo~~subtatai
_...__.
1~. Continuous bed and bank
Latitude:
Longitude:
Otfier
e.g Quad Name:
bsent Weak Moderate Str~ rig __._
2 ~ -- ~ ~
d ~
' Notes: (use book side of this farm fior additional Hates.}

Project. ~~ j~ ~;~
Site: ~ ~
County:
Sketch:
Appendix A

1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
North Carolina Division of NVater Quality -Stream identification Form; Version 3.1

Date: ~ ~, ~ Project;
- ~„ .~
~ ~~~`
~~~
~ t.atitude:
. -
~
Evaluator: `~, ~_~ ~9 Site: ~ _ ~ Longitudrr:

Total Paints: ----
_
_._ ~._---.-----
Stream is at least intefmittent ~]
~ County: Other
if ~ 19 or erennia! if z 30 ~ ! ° {~--~c~ e.g. Quad Name:
A. Geomor holy Subtotal - A sent
__ _ Weak
~. M late
- _- Strang
1 Continuous bed and bank p 1 ~ ~ ~
2 S~nuos~ty
~.- __ _ __ _ __._ 0 j; -a _ _.
2 _. __
3

3 In channel structure: riffle-pool sequence
_ __ -
0
_..
1 __
2 __ _._
3
4 Sod texture or stream substrate sorting ~ p 1 - 2 ~
5 Activetrelic floadplain - '~"`{

~`'"` 1 2
-- --
3
6 Depgsitionai bars or benches 1 2
3-- -

7 raided channel
__ __ __~
_ ___
,' 0

-_
° ~ -
~ _. __~
2
-- 3 -
8 Recent alluvial deposits -_ _ _ _.~ -.- - _ ~ _.
9 Natural levees _ 2 ~
10. Headcuts 0
- _ _ ~ 1
- 2 g

11. Grade controls

0 .
r ""v'"°"~ -
. 0.5 ~ .

1

1.5

12. Natural vane or drama ewa
~ _
~ ~` _

1 _ .__
~~ ~~
15
13 Second ar greater order channel on existing _ -~
USGS or NRCS map or other documented No = 0 ~ Yes = 3
evidence. .~ ~
Man-made ditches are not rated; see discussions in manual ~
B
Hydroiogy
SSubtotal
-
__
_
_ "
_
14 Groundwater flowldischarge
0 __._
1
_, .

_ _ 2

3
15. Water in chorine! and > 4$ hrs since rain or 0 1 --~

Water m channel dry, or growing season
__ 3

1a Leaflitter -
1 ~
1 -
_? ~
- _
17 Sediment on plants or debris
- ~ - Q~„,._._ 0 b ~ 1 1 5
18 Organic debris lanes or piles (Wrack hues} r' 4 0.5
=--a---v:~, -
_ 19 Hydric soils (redoxEmarph~a features) present? __ ' No =~
_.
C Biology (Subtotal = __ }
-_ -
20~. Fibrous roots in channel 3 2
21 °. Rooted plants in channel 3 2
22 Crayfish 0 ~--- ___.
---_ _-___ t' ~5"'
~t 0 ,~ ~...~-.
23. Bivalves -
24 Fash 0
25 Amphibians - Q
26. Macrobenthos {note diversity and abundance) 0
27. Filamentous algae, per,phyton
28 Iron axtdizing bactenaJfvngus
29 ° _Wetland plants in streambed _ j°` FAC - t
~ items 20 and 2i focus on the presence of upland plants, ~fvC
Notes: {use back side of ttris form for additional notes.}
- ___... 1 1.5
0.
Yes = 1.5
1.~
1.5
1
`tl"5 1 "~ 1.5
- _ 3
0.5 '( 1 6
FACW = 0.75; OBL 1 5 SAV 2 0; Other 0
on the presence of aqua#ic or wetland plants.
Sketch:
Appendix A

North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
,~ ~
Date. ~ /1 °~ Project: ;~,f,,~ k~~.sr .~r ~,~~tLatitude:
~~. -
Evaluator r ~ ~ Site: ~ _
;~' /-f !_.~ ~ ~. ' / ~j Longitude:
~_ __ ~ ~ r _.. -. --
Total Points: ----
Stream is at least intermittent ~'~ ~ ~-j County Utter
if a 79 or erennia! if ~ 30 ,-~ ~ ' ~ _ , ~ ~Li ~7 e. g. CTuad Name: ,
A. Geomor polo subtotal =_
_..__....... _ _.___. _~ __ ~Y...-(_~ --
1a. Continuous bed and bank
2. Sinuosity _~
3. In-channel structure. riffle-pool sequence
4. Soil texture or stream substrate sorting
_5 Activefrelic floodpiain __
6. depasttional bars or benches
---__..
7. Braided channel
-.-_ __
8. Recent alluvial deposals
98 Natural levees
--- _
10 Headcuts
Absent We
0 1
- . 0
_ _ 0 1
0 1
- `_~+ ...
2
2
2
z
2
2
a
2
2
..._
=

11 Grade controls
_.
0
_ _. 0 5
_ -
_ -~--~' _. _
1 5
12 Natural valley or drainageway ____. _ ~ _ 0 8
~
. 1 1 5

13. Second or greater order channel on existin ---- --._
---- - ---
~- __,
USGS or NRCS map ar other documented No = 0 ~' Yes = 3
evidence. ~~__,_,
Man-made ditches are not rated; see d
i
scussions in manual ""
~
'
-B_ H~idrology
(Subtotai
= ~!~" j
_
__
14. Groundwater filow/discharge
0 1 4 ~-~;4--..____-_ _....
2 ....__._.__
3
95 Water m channel and > 4$ hrs since rain, or

0 1
-- - -
r.-
3_..__... __._ .
_ Water an channel day or growing season
_
. _ ~_? y., -
16. Leaflitter
_ 1 5
__~ 0.5 0
17 Sediment on plants or debr+s
18 Orgarnc debris Imes or piles (Wrack (inesl 0 - 13.5
0
5 1
1 1 5__
1 5
__ .__
19 Hydric soils (redoximorphic features} present?
-- -
_
_ ~`° N p ~
Yes - 1 5
-
_ _v _ _.

_ _
._
,,-
C Biology (Subtotal - ~)
_
20G Fibrous roots in channel
_._. ;.' °"3 '~~Y 2 - 1 _. 0 _

21b Rooted pfants ~n channel _.
t 2 -- _
1
0
22 Crayfish 0 5
0 1 1 5
_.
....... _. - ____ _ _
23 Bivalves
2
F _
~
____
0
'
~
~~~~_ _
4
FSh ~
0
5 1 1.5
25. Amphibians 0 0 5 r 1 1 5
26 Macrobenlhos {note drversity and abundance} 0 0.5 _
, 1 1 5
27 Filamentous_algae; penphyton 0 1 , 2 3
28 iron oxidizing bacterialfungus. _ ---_ - --- ~

29 ° Wetland plants m streambed -._.__ ~ -. _~~_ --~~ 1 1.5
---
FAC = 0. FACW = 0.75; BL - 1 5 SAV 2 0 Other = 0
items 20 and 21 focus on the presence of upland planis, ite m 29 focuse ere of aquatic or wetland plants.
Notes: {use back side of this form for additional Hates.)
_ Sketch:
_._. ---
Appendix A

North Carolina Division of Water Quality -Stream Identification Form, Version 3.1
1

t~ A ~/
Date: ` ~ ' ~,, Project,~,~ ?tom "~ r ~ Latitude:
.-.--...~-4 ~itl 'Py f
~vaiuator: 11 , l._ <-' Site; ~? ton ttude;
Total Points: ~~ ~ Other
Stream is at least intermittent County
if z 19 or Decennial if z 30 ~°f'a'.,~1 e.g. Quad Name: j
A. Geomor halo ~ (subtotal =~_ (`
t 1a Continuous bed and bank
2 Sinuosity
3 In_channet structure riffle-pool sequence

Absent Weak ' Moderate Strong
4 . _. _ ,- 1 --,- ~ . 2..__ _ __.
_..
'• 3
~_
..~f- __ -
,~ ~ , __
2 3
- ---
2 _ 3
a. you texture or stream substrate sorting 0 ~
"`
~~ 2 ~
- 3

5. Active/relic floodpiain
0 r
~
q _ _
3
6 Depositional bars ar benches 0 1 ~ 2 ~
7 Braided channel

..__ _._ ___ -.. ___. _ _ __... _

.__ ~..

_....__~ 1

2
__-._._.
3
8 Recent alluv~ai de osits .-.....___ _ ---
~ -~~~ ~~~ ~-~~
9 a Natural levees

0
-

1
_ _ _..___ _ , __._ . _ _--

2 ~ ._ ~.
___
3
10 Headcuts 4 _ 1_.._._. _.._._ 2 ._- ____ :_--

11. Grade controls
0
0 5
1 .__.
1.5
12 Natural valley or dralnageway_ _
- - - ~ . _ 0
____ .._ _ 0 8 - ~,,, ~„_..~~ ~ ~ 1.5 - --

13. Second or greater order channel on existin _ ._. ... __. _ _ _. _ A...~ _ .
__.. __
-----,...,~
USGS or NRCS map or other documented No = 0 Yes
~ = 3
evidence. ~ .~-~`
Man-made ditches are not rated; see discussions in manual v~
~1
B Hydrology
(Subtotal = r~-~--
.
14 Groundwater flowldischarge
~~; _
1 _ __
2 _ __
3
15 Water in channel and > 48 hrs since rain, or ~
0 "~ ~ ~, ~_~-.
1 ~~~~~~ ~~--~-- - _ __
Water in channel d or rowan season
-_ _._ _ ry g _ 9 _._
__
_~~_.._ 2 3
16 Leaflitter
_____~_ _ . __ _.. 1 5
__ _ ___ 1 _
0 5- - p---
t,.~..--
17 Sediment on plants or debns_... -_,_. _ ~ ___..... 0 __ ' 0 8 1 1 5
18 Organic debris lines or piles (Wrack Imes} 0 0 5 1 ~ 5
_
19 Hydric sails (redoxlmorphlc features} present? r"" No = 0 5 __.
Yes = 1
_ ....
-- --- .
C: Biology (Subtotal= r }
20 Fibrous roots In channel
_ _. 3 2 1 ~0
21 Rooted plants in channel 3 2 1

22. Crayfish
~;
0 5
1 ...
1.5
_ _-__
23 Bivalves _ 1 2 3
24 Flsh ~ 0 0.5 1 1.5
25. Amphibians
26. Macrobenthos (note
27. Filamentous al
_ _-
and abundance
28, Iron oxidizing bacteria/#ungus.
29 Wetland plants in streambed S
Items 20 and 21 focus an the presence of upland plants. Il
Notes (use back side of this farm for additional notes.)
0 5 1 -- 1 5
1 15
_ ._
ACW = 0.78; OBL = 1.5 SAV = 2.0; Other = 4
- _ _.
on the presence of aquatic ar wetland plants.
Sketch:
Appendix A

' APPROVED JURISDICTIONAL DETERMINATION FORM
U.S. Army Corps of Engineers
This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook.
SECTION 1: BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD):
B. DISTRICT OFFICE, FILE NAME, AND NUMBER:
t C. PROJECT LOCATION AND BACKGROUND INFORMATION: Linville River
State:NC County/pazish/borough: Avery City: Linville
Center coordinates of site (lat/long in degree decimal format): Lat. 36.04039° ill, Long. 81.88799° W.
Universal Transverse Mercator:
' Name of nearest waterbody: Linville River
Name of nearest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Linville River
Name of watershed or Hydrologic Unit Code (HUC): 03050101
® Check if map/diagram of review area and/or potential jurisdictional azeas is/aze 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):
' ^ Oflice (Desk) Determination. Date:
^ Field Determination. Date(s):
SECTION II: SUMMARY OF FINDINGS
' A. RHA SECTION 10 DETERMINATION OF JURISDICTION.
There Are "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: Linville River is navigable.
B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
t There Pick List "waters of the U.S."within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review azea. [Required)
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
^ 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: lineaz feet: width (fr) and/or acres.
Wetlands: acres.
c. Limits (boundaries) of jurisdiction based on: Fick List
' 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 III 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 III.F.
Appendix A

' 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 III.B below.
' 1. TNW
Identify TNW: Linville River.
t Summarize rationale supporting determination: Liville River is navigable by small non-motorized boats..
2. Wetland adjacent to TNW
Summarize rationale supporting conclusion that wetland is "adjacent": The wetlands assocaited with this project aze within the
jurisdictional boundaries of the Linville R.
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. Ifthe aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
' though a significant nexus finding is not required as a matter of law.
If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 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 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 TNW.
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:
'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 azea, to flow into tributary b, which then flows into TNW.
' Appendix A

' Tributary stream order, if known:
(b) General Tributarv Characteristics (check all that applv):
' 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
t ^ 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 azea/yeaz: Pick List
Describe flow regime:
Other information on duration and volume:
' Surface flow is: Pick List. Chazacteristics:
Subsurface flow: Pick List. Explain findings:
t ^ Dye (or other) test performed:
Tributary has (check all that apply):
^ Bed and banks
' ^ OHWM6 (check all indicators that apply):
^ clear, natural line impressed on the bank ^ the presence of litter and debris
^ changes in the character of soil ^ destruction of terrestrial vegetation
^ shelving ^ the presence of wrack line
' ^ vegetation matted down, bent, or absent ^ sediment sorting
^ leaf litter disturbed or washed away ^ scour
^ sediment deposition ^ multiple observed or predicted flow events
^ water staining ^ abrupt change in plant community
^ other (list):
^ Discontinuous OHWM.~ Explain:
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 severjurisdiction (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.
t Appendix A

' (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-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 (Relationshinl 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 Lisf 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.
' Appendix A

' For each wetland, specify the following:
Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/Nl 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
1

1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
® TNWs: 7001inear feet 50width (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:
[] 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:
Appendix A

Provide estimates for jurisdictional waters in the review area (check all that apply):
^ Tributary waters: lineaz feet 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 IILC.
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 aze jurisdictional as adjacent wetlands.
^ Wetlands directly abutting an RPW where tributazies typically flow yeaz-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 RPW where tributazies 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.
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 similazly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this
conclusion is provided at Section IILC.
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 aze jurisdictional. Data supporting this
conclusion is provided at Section IILC.
' Provide estimates for jurisdictional wetlands in the review azea: 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):'0
^ 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:
aSee Footnote # 3.
~ To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Appendix A

' 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 APPLY):
^ If potential wetlands were assessed within the review azea, 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" standazd, 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.
r 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 applicantlconsultant.
^ 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:
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-yeaz Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ®Aerial (Name & Date):2005, Avery County, GIS.
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:
Appendix A

r_:~ i
~^^~~ Linville Land Harbor
643 Greenway Road
Suite K_3 Dam Reconstruction Project
Boone, North Carolina 28607
Ph:BZS-z6a-8880 L1nV111e NC
Fx:828-264-8890 >
N UT-LR Delineation
S
i Wetlands ~
i
1 "=40' I - --- - ~'~---------
j W4 Herbaceous .03 acres
0 10 20 40

Basemap Provided by Schnabel Engineering
Appendix A

WETLAND DELINEATION DATA FORM
I Prof: +_.~ > ~ ~ l t', . ~-, ,.; <-~ & wf d = ~ bate: ~ . ,,. ,~~; ----~,
AntXhvser. ~~-.~~ ~ t °'~a~.~ C`emlr: ~ --I
1

w~ N~,..wenwa
' I.b.: Plat Lb.: I.D.: 3?lot I,b.:
Ib ncxaial cirtatr exist on the site? et: ~ Do ivxmal exist on the site? Yes
SI CetII dlStittbarYDL' SItLBTtOII ? ~ O ` $' dirRtM~e Sltt3at10rt ? t.Va
Is this a 'al area? ~ Is this a area? Na

V V
Dominant SYtyn~oua irtdkator Darattb>~t Strattana Itrdiattor

"
r
4 ~ a ~, . ~ ~
f ~

5
:~ ~ ...~ .----~--~
fi
~7
,g
Percent of daninsnts OBL., FAC W or FAC Perre~ of damvtants OBI, FAC W or FAC
Remarks: Remnria:
i
i
i
H rlrokt H '
~ Ficld Observattaoa: Depth of Surface W ater~o ~{irs.)
Depth to Free Water 1;,a - + <-. ~(in.)
Depth to Sauu~ated Soil t i ~° ~ ~- (in.} FkM Okaervatt+una: lle~h of S ace water `....._{in.)
Depth to Free Water ~`.:.. ~" (in.)
I3epth to Saturated Soil l o;.."~ ,_(in.)
t Inundated IndicaWrs Oxidised ~ Inundated Indicators Oxidizod Indicators
i Saturateri <I Z° W a>~-stained leaves Sattuate~d <I2'" watu-stained leaves
Y_ Watear Marks Local soil sure data wear Marks I.otxt sail data
Sediment its FAC-neutral test 3edimarrt its FAC-neutral test
e Patterns Other Remarks Draim Patterns CNher Remarks
Rearwrks: Rennrks:
I

Soils Seib
Soil Uaft Notate: Soil Uo6t hiamr:

Profsle Descrt ~
ProAl~e
Depth
fnches. Hariaon Matt#x Color Mottle 'Certure
Colors Aepth
bnchc.+. Horizas- Mataitt Color Mottle Colors
'~' ' °a i' ,r. .~ r-: (° Ale.

~~ H ric Sob Indicators
____. H Sail Indicators `
His2asol Cotxsetiotvs Histosol Coacmtians
Histic E t C Convent HistrC F ' 'c Corttemt
~ Su3fidiC Odcx 'C Sulfidic Odor ~C
is Moisture te°' L.ocal H dnic Soils List is Moisture Loeai H drie Soils List ~
Redo ' Conditions National H driG Soils List R Conditions hiationai H Soils List
Gle ed or how-Chrcxna Other ) (31 od or Law-Gtuonw Other (Remarks
Remarks: Rernarl~: ~
t
~ ---
,
wet3and Detenahaation
` Wetland Detertr~atlon
H ~ .e V 'on PrcseriL? H V '~ Presatt?
~ Wetland H drol Present? Wdisnd H to Prrseat? ~-
a Hvdnc Sods }y[esetit? H dnc Soils Presort?
Is this S !in Poird Within a Wetland? Is this Point within a Wednrid?

Remarlo:
's
~_ ~ <:.
Remarks:

E
E
' Appendix A

' North Carallna Division of Water Quality -Steam ldenti~catian Farm, Version 3.1
Date. ~ .. ~ ,'`c2 Project:
~W
~ ~ Latitude;

j Evaluator. , <,. Site: , ~
.. ~, ~
_ Longitude:
~,
,,. ~
Total Points: der
Stream Is at feastintetmittent ~ , ~`,- County: e.g. Quad Neme:
if 2 9 9 or erenniat ff a 30
_.
~~
S
)
A. Geomorphology (Subrotal = ~~_ Absent trong
Weak Moderate
1~. Continuous bed and bank ___~~
~
'
' 0 _ ~. ~ 1
~ ~ 2 3
ity
_
2. Sinuas ~ _ a ~
_..
t _ _ -__-__
3. in-channel structure: riffle-pool sequence__
.__~__~ __f 0 _ ~__ _ 1
__. 2 3
_
__
4. Sail texture or s#ream substrate sorting ___T_~ - ~ _--- `-~~ ~_-- _-- 2 3 --
5. Active/relic floodpiain
~__.. _ . ._ -- - ---- 0
- ~. 1
_ -
- ____ 2 '
_____ _.._ _._ } ._ 9
6. Depositional bars or benches 0 w 2 3
7. Braided channel ~
_. ~ 1
..y.___.__ 2 3
___
---- ---- -
8. Recent alluvial deposits 0 _
~'°~ ~ 2 ! 3
__ _
9 g Natural levees
-------- ~ ___•__ ~~r;
~.. 2 3
_ _ _~
.
10. Headcuts ~ 2 3
11. Grade controls
__ ---____r__ _ 0.5
_
______-. 1 1.5
_. _.
.~ -___.._..
12. Natural valley or drainageway _ ~ __ .
___ _. ~`....____ __._
T ~- _~ _ ._.._._.._ 1.5~ _
1 13. Second or greater order channel on xistin
USGS ar NRCS map or other documented ` . nNo = 0 Yes = 3
evidence.
' Man-made ditches are not rated: see discussions in menuaE
~.m,
B. Hydrology Subtotal= )_-____.__~_.
14. Groundwaterflow/discharge ~ . _ ..~...-.__.~'"~._e___ 2 ~
__
? 5. Water in channe! and ~ 4$ hrs since rain, Qr ~ t~ 1 2 3
Water in channel -- dry o~rowing season__ ~ ~ „
~ _
_~._
16. l.eaflitter
_ 1 5_ ...
._ . __ - ? _ _
~...`
~ _.
1 .. Sediment on plants ar debris ___ .. ._ ._ ~ ~'S 1 1.5
' 1$. C3rganic debris lines or piles (Wrack lines} 0 d 5 . 1 _ .-, 1.5
19. Hydric soils (redaximorphic features) present? No 0 YeS = 1.5
C. Biology {Subtotal ~ -~ ~ '
20b. Fibrous roots in channel
_... ~...____. 3 2 1 ~
_. __
`21 ~ Rooted plants in channel ~_ _ ____ -- -_.___ .-~-._ _ ~ __. 2 ` 1 _ ~
22. Crayfish
_. _ __ _.....
___ ---- ~
._ ~ ~.5
- -- ?
- ------r-----
-_ 3 _-_.
_23. Bivalves _
_.._...... ~ ~
_ _._
-24. Fish C} 0.5 1 1.5
_
25 Amphibians _..._ ___-...._._.,_ _
_ _d --
_ _. fl.5 1 1.5
' ~
26. Macrabenthos {note diversity and abundance)
C
_____
d.5
1 --
1.5
27- Filamentous algae; periphyton ~"- ~ 1 2 3
2$. Iron oxidizing bacterialfungus. _ ~~- Q~--~ _ ~_ X3.5 1 1.5
' 29 °. Wetland plants in streambed FAC d. ACW = 0 75; OBL = 1.5 5AV = 2.0; Other = 0
items 20 and 21 focus on the presence of upland plants , Item 29 focuses on °~ nce of aquatic or wetland plants.
Sketch:
' Notes. !use back side of this form for additianai notes1 _~._ _._.
- _ v_
.. - - ~ ~:. __s-
_._
--..._ _ _~ __
- ~
~__-._r-.p{s_ ~

"t
.~
.> .
.._ ,., ~.
' Appendix A

' North Carolina Division of Water 4uality -Stream Identification Form; Version 3.1

1

1
1
1
~ ,~ .~
Date: ~ - ~;.~ Project: Latitude:
~ Evaluator: -t~_..- Site: m~ ,~, ;~µLongitude:
Total Paints: ri ~att,er
Stream is et !east tntarmittent C, i County: ~'*~',~;,,,~;
its !9 or erennial Nz 30 `''`'"~ ~ e.g- Quad Name:
A. Geomorphology {Subtotal = -~, Absent Weak ~ Modem strong
18. Continuous bed and bank _~__ ~ 0 _____ 1 ~-~_~~ 3
2. Sinuosity 0 1 2
~ Q~°
f_3, in-channel structure: riffle-pool sequence _ _ 0 _..._ 1 _ _ 3
4. Boil texture or stream substrate sorting 0 1 ~ .~ •~ 3
5. Active/relic floodplain 0 1 2 ~ ~~'rt. `
~6. Depositional bars or benches _ _ 0 __ __ _ _? _ 2 -
~_7. Braided channel 0 1 _-- ~'~~-=' _ ___-. .__
8. Recent alluvial deposits
_ ______-~ 0 _..~.._~ ~_ 2 3
_ ---
9~ Natural levees 0 1 'Y-2,_..' 3
10. Headcuts . _-__ 0 -_. ~~ "~ 2 _ ~ 3
~11 Grade controls
- 0
~ C},5 .
~ .._ i
~ _. ~_~___. 1.5
__
,
. _ .-.._.._ W-- ___
12. Natural valley or drainageway 0 _______0.5 ~ ~" 1,_ : _ 1.5
13. Second or greater order channel an xistin - - -
USGS ar NRCS map or other documented ~'Na = 0, ; Yes = 3
evidence.
Man-made ditches are not rated: see discussions in manual
~ ,
B. Nvdrology (Subtotal = l
._
____--_-
_-- _--_-_ ~___
_~_---~__-- -~.~
..--
___ ~
~_~ _~_
14. Groundwater flowldischarge ___ 0 1
~ ~ `~ 3
_ _____
15. Water in channel and > 48 hrs since rain, or 0 ~ ~ `~ 2 ; 3
Water in channel -- dry ar growing season ___~
' -- -._ ___ __ _.___ _ __-`
stter
16. 1_eafl
____
17. Sediment on plants ar debris

0

` - Q 5 .~;_

q..e__ 1
-

1.5 _
18. Organic debris lines or piles (Wrack lines} - o
_- `~Q 5
_ - 1 ~
-- 1 S
_.
19. Hydric soils {redoximorphic features} presents
No - 0 _
~s = 1.5
~ _

~--.
_ C. Biology {Subtotak = ~ =•b )

3

2

.;
~1
~--
0
2~ Fibrous roots in channel _ __.•
21 °- Rooted plants in channel
___.__..___
___ 3 ~~~
___ _._.. _..._
._~__ 1
0
_ _.
22. Crayfish 0 0.5 `~~`": 1.5
23. Bivalves 0 ~ ~' ~
24. Fish
~~_ :> 0 Q 5 1 1.5
25. Amphibians -~~ _ ~_ Q 0 ~ '° 1 1.5
26. Macrobenthos (note diversity and abundance) 0 ' 0.5 _ 1 1.5
27. Filamentous algae; per'sphytan 0 v } ~
5 2
~ 3
1
5
Iron oxidizin bacteriaNungus.
28 0 1 .
.
29 . Wetland plants in streambed FAC = 0. ~,,,~ACW = 0 75;k OBL = 1.5 SAV = 2.0; Other = 0
Items 2D and 21 focus on the presence of upland plants. Item 29 focuses on the presence of aquatic or wetland plants.
Sketch _ ~~ ~ -~ ~ ~-~ . ~•...
Notes. ;use back side of this farm for additional notes.) ____.
~e
t~
,..~ • t .. ~,~ ~~ ~ ,.~.
_._ .. ._~-_.. . _-_..f_....._...1a__.:~_ ....__.~.~-...- ..
€ ~~ E
Y v.
1
_. w
Appendix A

' 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:
t C. PROJECT LOCATION AND BACKGROUND INFORMATION: UT-LR, 2UT-LR, and W4
State:NC County/pazish/borough: Avery City: Linville
Center coordinates of site (lat/long in degree decimal format): Lat. 36.04039° lit, Long. 81.88799° V4'.
Universal Transverse Mercator:
' Name of nearest waterbody: Linville River
Name of neazest Traditional Navigable Water (TNW) lnto which the aquatic resource flows: Linville River
Name of watershed or Hydrologic Unit Code (HUC): 03050101
® Check if map/diagram of review azea and/or potential jurisdictional azeas 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 .Appear to be no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR pazt 329) in
the review area. [Required)
^ Waters subject to the ebb and flow of the tide.
^ Waters aze presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce.
Explain: Linville River is navigable.
' B. CWA SECTION 404 DETERMINATION OF JURISDICTION.
There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review azea. [Required]
' I. Waters of the U.S.
a. Indicate presence of waters of U.S. in review area (check all that apply):'
^ TNWs, including temtorial 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: 1075 linear feet: average 10' width (ft) and/or acres.
Wetlands:.13 acres.
c. Limits (boundaries) of jurisdiction based on: Established by OHWM.
' Elevation of established OHWM (if known):unknown.
2. Non-regulated waters/wetlands (check if applicable):3
Potentially jurisdictional waters and/or wetlands were assessed within the review azea and determined to be not jurisdictional.
' Explain:
' 'Boxes checked below shall be supported by completing the appropriate sections in Section III 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 least "seasonally"
(e.g., typically 3 months).
' 'Supporting documentation is presented in Section II[.F.
Appendix A

' 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 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. 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
t months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round
(perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow,
skip to Section III.D.4.
' A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and
EPA regions will include in the record any available information that documents the existence of a significant nexus between a
relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even
though a significant nexus finding is not required as a matter of law.
' If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the
waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must
consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for
' analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is
the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 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 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: SOacres
Drainage area: 1.877 acres
Average annual rainfall: 57 inches
Average annual snowfall: 58 inches
' (ii) Physical Characteristics:
(a) Relationship with TNW:
® Tributary flows directly into TNW.
' ^ Tributary flows through Pick List tributaries before entering TNW.
Project waters are 1 (or less) river miles from TNW.
Project waters are 1 (or less) river miles from RPW.
' Project waters are 1 (or less) aerial (straight) miles from TNW.
Project waters are 1 (or less) aerial (straight) miles from RPW.
Project waters cross or serve as state boundaries. Explain: No.
' Identify flow route to TNWS: Flows directly into TNW.
Tributary stream order, if known: unknown.
' ° 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 TNW.
' Appendix A

(b) General Tributary Characteristics (check all that applvl:
Tributary is: ®Natural
^ Artificial (man-made). Explain:
' ^ Manipulated (man-altered). Explain:
Tributary properties with respect to top of bank (estimate):
' Average width: 2 feet
Average depth: <6" feet
Average side slopes: 4:1 (or greater).
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: good condition.
Presence of run/riffle/pool complexes. Explain: substrate mostly sands, not many pebbles.
Tributary geometry: Relatively straight
' Tributary gradient (approximate average slope): 2
(c) Flow:
Tributary provides for: Seasonal flow
Estimate average number of flow events in review azea/year: 20 (or greater)
' Describe flow regime: flow after high rain events.
Other information on duration and volume: unknown.
' Surface flow is: Discrete and confined. Chazacteristics: flows out of wetland into next wetland.
Subsurface flow: hiu. Explain findings: no groundwater flow seems to be present during normal conditions.
^ Dye (or other) test performed:
' Tributary has (check all that apply):
^ Bed and banks
® OHWM6 (check all indicators that apply):
®cleaz, natural line impressed on the bank ^ the presence of litter and debris
t ^ changes in the character of soil ^ destruction of terrestrial vegetation
^ shelving ^ the presence of wrack line
^ vegetation matted down, bent, or absent ^ sediment sorting
^ leaf litter disturbed or washed away ^ scour
' ^ sediment deposition ^ multiple observed or predicted flow events
^ water staining ^ abrupt change in plant community
^ other (list):
' ^ Discontinuous OHWM.' Explain:
If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply):
High Tide Line indicated by: (Q Mean High Water Mazk indicated by:
' ^ oil or scum line along shore objects ^ survey to available datum;
^ fine shell or debris deposits (foreshore) ^ physical markings;
^ physical markings/chazacteristics ^ 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: water seems to be of good quality when flowing, it is a stem of UT-LR that breaks off at W4, it flows between
W4 and W6 during really high flow events..
Identify specific pollutants, if known: No known pollutants..
6A natural or man-made discontinuity in the OHWM does not necessazily 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.
' Appendix A

' (iv) Biological Characteristics. Channel supports (check all that apply):
® Riparian corridor. Characteristics (type, average width): 2.
® Wetland fringe. Chazacteristics: hydric soils are found along this trib in most areas.
' ^ 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-T'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-1NW:
' ^ 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 Lick 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):
^ Ripazian buffer. Chazacteristics (type, average width):
' ^ Vegetation type/percent cover. Explain:
^ Habitat for:
^ Federally Listed species. Explain findings:
^ Fish spawn azeas. 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 aze being considered in the cumulative analysis.

' Appendix A

' For each wetland, specify the following:
Directlv abuts? (Y/N) Size (in acres) Directlv abuts? (Y/l~ Size (in acresl
' Summazize 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 identif-ed 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 reazing 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 tributazy, 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:
I. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain
findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D:
2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into
TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its
adjacent wetlands, then go to Section III.D:
' 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of
presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to
Section IILD:
' D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL
THAT APPLY):
' 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area:
^ TNWs: linear feet width (fl), Or, acres.
^ Wetlands adjacent to TNWs: acres.
' 2. RPWs that flow directly or indirectly into TNWs.
(~ Tributaries of TNWs where tributazies typically flow year-round aze jurisdictional. Provide data and rationale indicating that
tributary is perennial: scored 36.5 on the NC DWQ Stream Identification Form.
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:
1
Appendix A

' Provide estimates for jurisdictional waters in the review area (check all that apply):
Tributary waters: 1075 linear feet average 10' jurisdictional 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 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 aze jurisdictional as adjacent wetlands.
Wetlands directly abutting an RPW where tributaries typically flow yeaz-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: Tributary flows directly through two wetlands before entering the Linvill River.
^ Wetlands directly abutting an RPW where tributazies 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 RPW:
Provide acreage estimates for jurisdictional wetlands in the review azea:.03acres.
' S. 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 aze 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 aze adjacent and
with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this
conclusion is provided at Section IILC.
' Provide estimates for jurisdictional wetlands in the review azea: 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):ro
^ which aze or could be used by interstate or foreign travelers for recreational or other purposes.
^ from which fish or shellfish aze 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:
' gSee Footnote # 3.
y To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook.
' 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for
review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos.
Appendix A

' Provide estimates for jurisdictional waters in the review azea (check all that apply):
^ Tributazy waters: lineaz feet width (ft).
^ Other non-wetland waters: acres.
Identify type(s) of waters:
^ Wetlands: acres.
F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY):
If potential wetlands were assessed within the review area, these azeas 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 azea 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 jwisdiction 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 resowce:
^ Wetlands: acres.
Provide acreage estimates for non jwisdictional waters in the review area that do not meet the "Significant Nexus" standazd, where such
' a finding is required for jurisdiction (check all that apply):
^ Non-wetland waters (i.e., rivers, streams): lineaz 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 applicantlconsultant:
Data sheets prepazed/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:
^ USDA Natural Resources Conservation Service Soil Survey. Citation:
^ National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
^ FEMA/FIRM maps:
^
1

100-yeaz Floodplain Elevation is: (National Geodectic Vertical Datum of 1929)
Photographs: ®Aerial (Name & Date):2005, Avery County, GIS.
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: UT-LR -perennial flow, 2UT-LR -intermittent /seasonal flow
WI-abutting wetland to UT-LR
' Downstream wetlands not included in delineation because they are outside of the scope of the project..
Appendix A