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HomeMy WebLinkAbout20080674 Ver 1_401 Application_20080408CLEARWATER ENVIRONMENTAL CONSULTANTS, INC. April 9, 2008 Ms. Lori Beckwith US Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-2638 Mr. Kevin Barnett NC Division of Water Quality 2090 US Highway 70 Swannanoa, North Carolina 28778 RE: Woolmington-Smith Ventures, LLC Ridgecrest Haywood County, North Carolina Ms. Beckwith and Mr. Barnett, PAYMEr~~T ~ECEI~'~D ~~., ., _. APR ~ ~ ~'~':~~ DEFiR- ST0-2MWInr~~''~-~ut,~ai:;~1, y~t~NDS AND The attached Pre-Construction Notification (PCN) is being submitted on behalf of Mr. Craig Woolmington of Woolmington-Smith Ventures, LLC. Mr. Woolmington currently owns approximately 24 acres near Maggie Valley in Haywood County, North Carolina and is seeking after-the-fact permit authorization under Nationwide Permit 29 for impacts associated with development of asingle-family residential community. The NC Division of Water Quality issued a Notice of Violation for this project on January 28, 2008. Should you have any questions regarding the attached PCN and supplemental information please do not hesitate to contact me at 828-698-9800. A copy of this package has been sent to Mr. David McHenry of the NC Wildlife Resources Commission and Mr. Bryan Tompkins of the US Fish and Wildlife Service for review. Respectfully, '~J .-~~,zc,~Yvvl Rebekah L. Newton Project Biologist Copy Furnished: NC Wildlife Resources Commission -David McHenry 0 8- 0 6 7 4 ------ r /~. R. C Riddl , P.W. Principal US Fish and Wildlife Service -Bryan Tompkins NC Division of Water Quality, Raleigh -Danny Smith NC Division of Water Quality, Raleigh - Cyndi Karoly (5 copies) 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www. cwenv. com Corps Submittal Cover Sheet Please provide the following info: 1. Project Name: Ridgecrest 2. Name of Property Owner/Applicant: Woolmington-Smith Ventures, LLC 3. Name of Consultant/Agent: C1earWater Environmental Consultants, Inc. `Agent authorization needs to be attached. 4. Related/previous Action ID numbers(s): none 5. Site Address: Jonathan Creek Road 6. Subdivision Name: Ridgecrest 7. City: Maggie Valley 8. County: Haywood 9. Lat: 35.536594N Long: 83.023563W (Decimal Degrees Please) 10. Quadrangle Name: Dellwood 1 1. Waterway: UT Jonathan Creek 12. Watershed: Pigeon 06010106 13. Requested Action: X Nationwide Permit # 29 General Permit # Jurisdictional Determination Request Pre-Application Request The following information will be completed by the Corps office: AID: Prepare File Folder Assign number in ORM Begin Date Authorization: Section 10 Section 404 Project Description/Nature of Activity/Project Purpose: Site/Waters Name: Keywords: C~~~W~~~ Ezy~.O~T.~ ~®~vsuL~~vTS, Svc. Department of the Army Wilmington District, Coxps of Engineers Attn: Ken Jolly, Chief Regulatory Division PO Box 1890 Wilmington, North Carolina 28402-1890 -and- NC Division of Water Quality Attn: Cyndi Karoly 1650 Mail Service Center Raleigh, NC 27699-1650 I, the current landowner/managing partner of the property identified below, hereby authorize C1earWater Environmental Consultants, Inc. (CEC) to act on my behalf as my agent during the processing of permits to impact Wetlands and Waters of the US that are regulated by the Clean Water Act and the Rivers and Harbors Act. CEC is authorized to provide supplemental information needed for permit processing at the request of the USACE or DE~W//~~Q. / _ - Property Owner of Record: VU4`B~/rl ~N ~~ ` ~~ ~ ~ ~~ ~ ~ r~U ~~ ,Q 5 Property Owner Address: U f l~ ~ ~~o ~ ~ J 3 ~ ' ~~p ~ ~ Phone number: Properly Location: 9~Zs- as ~ - 5~9~ Owner/Managing partner Signature: Date: ~~13•C~ 718 Oakland Street Hendersonville, North Carolina 28791 Phone: 828-698-9800 Fax: 828-698-9003 www.cwenv.com Cr,~Y 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 Check all of the approval(s) requested for this project: ® Section 404 Permit ^ Riparian or Watershed Buffer Rules ^ Section 10 Permit ^ Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ^ Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: NW 29 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ^ 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ^ 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Mana eme ~,, ~tgfn Environmental Concern (see the top of page 2 for further details), check her p ~!~~ _ `~v~" II. Applicant Information f~PR ~ ®Z%08 Owner/Applicant Information Di:N~-wA7i:r~a~iAUTti y,}ETIpNDS AND STORP~INfATER Bf2P3dGH Name: Mr. Craig Woolmington Mailing Address: Woolmington-Smith Ventures, LLC 120 Village Square, Suite 100 Orinda. California 94563 Telephone Number: 925-253-9696 Fax Number: 925-253-9797 E-mail Address: cwoolmington(a~ccim.net 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: R. Clement Riddle Company Affiliation: Clearwater Environmental Consultants, Inc. Mailing Address: 718 Oakland Street Hendersonville, North Carolina 28791 Telephone Number: 828-698-9800 Fax Number: 828-698-9003 E-mail Address: clementncwenv.com Updated ] 1/1/2005 Page ] of 9 III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Rid~ecrest 2. T.I.P. Project Number or State Project Number (NCDOT Only): Property Identification Number (Tax PIN): 8607-34-5642 4. Location County: Haywood Nearest Town: Maggie Valley Subdivision name (include phase/lot number): Ridgecrest Directions to site (include road numbers/names, landmarks, etc.): From Asheville, take I-40 West to Exit 20 (NC Hi jhwa~). Turn south on NC Highway 276 and travel approximately 5 miles. The entrance to the site will be on the left just before Jonathan Vallev Church. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 35.536594 °N 83.023563 °W 6. Property size (acres): +/- 24 acres 7. Name of nearest receiving body of water: UT Jonathan Creek 8. River Basin: French Broad River Basin (Note -this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) n/a Updated 11/1/2005 Page 2 of 9 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: The project site consists of an existing "bed and breakfast" and a newly constructed road network with driveways and house pads. The site was historically maintained as pasture. The land use in the vicinity is mostly residential with some commercial properties. 10. Describe the overall project in detail, including the type of equipment to be used: The project includes impacts to wetlands as a result of the development of asingle-family residential subdivision and all associated infrastructure. The applicant will also install a culvert pipe in an existinP driveway to restore the hydrolog two a previouslyimpacted wetland. Impacts to wetlands have been completed- the applicant is seeking after-the fact- authorization. 11. Explain the purpose of the proposed work: The purpose of the proposed work was to provide driveway access to residential home sites. Wetland impacts have been completed on site. The purpose of culvert installation is to restore hydrology to the wetland system that was disrupted throuPh the installation of a driveway. 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 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. On January 24, 2008, a site visit was conducted by Kevin Barnett and Linda Wi~~s of the DWQ; David McHenry of the WRC- and Marc Pruett and Jennifer Bradish of the Haywood County Erosion Control Office. On January 28 2008 the DWQ issued a Notice of Violation; no DWO Project number was identified on the NOV. On February 12 2008 Mr Craig Woolmington submitted a response to the NOV. On February 29 2008 C1earWater Environmental Consultants, Inc. (CEC) had a telephone conversation with Kevin Barnett of the DWQ reParding the response. Mr. Barnett indicated that the February 12 2008 response was sufficient to meet the condition that required Mr. Woolmington to respond with 30 days. CEC indicated that a permit for the unauthorized activity is forth comin>;. V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. No future project plans are anticipated at this time. Updated 11/1/2005 Page 3 of 9 VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: The impacts associated with this project include the installation of driveways that have impacted wetlands. These driveways will provide access to Lots 2, 20, and 27. A culvert will be installed in the driveway accessing Lot 2 so that the h d~gical connection between wetlands is reestablished. The lot lines on site have been redrawn so that additional impacts to wetlands are avoided. The site plan illustrates the current condition of the property. Lot 20 will be accessed via a shared driveway with Lot 2. The driveway for Lot 22 will be constructed in an area that was previously impacted. The driveways for Lots 2, 23 and 27 will remain as constructed and illustrated on the site plan. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Type of Wetland Located within Distance to Area of Site Number Type of Impact (e.g., forested, marsh, 100-year Nearest Impact (indicate on map) herbaceous, bog, etc.) Floodplain Stream (acres) (yes/no) (linear feet) A Fill Herbaceous No Adjacent 0.06 B Fill Herbaceous No Adjacent 0.01 Total Wetland Impact (acres) 0.07 3. List the total acreage (estimated) of all existing wetlands on the property: ~ 0.17 acre (prior to impactl Updated 11/1/2005 Page 4 of 9 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 map) Before Impact (linear feet) (acres) No Stream Impacts Total Stream Impact (by length and acreage) 0 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, flooding, drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) T e of Im act YP P lake and estua sound ba ( , P ~ rY> Y> Im act P (indicate on ma) ocean, etc.) (acres) No OW Impacts Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the nroiect: Stream Impact (acres): 0 Wetland Impact (acres): 0.07 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0.07 Total Stream Impact (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. Updated 11/1/2005 Page 5 of 9 8. Pond Creation -No Pond Proposed If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ^ uplands ^ stream ^ wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): n/a Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): n/a Current land use in the vicinity of the pond: n/a Size of watershed draining to pond: n/a Expected pond surface area: n/a VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. Impacts on site have been minimized to the maximum extent practicable. The main road through the subdivision avoids wetlands completely. All lots have high-ground access with the exception of Lots 2 22 23 and 27. Lot lines have been reconfigured to ensure these lots are accessible without further wetland impact. Lot 20 will share a driveway with Lot 2 and Lot 22 will be accessed through an area that is already impacted. 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. Updated 11/1/2005 Page 6 of 9 If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o. enr. state.nc. us/ncwetlands/stnngide.html. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite}, affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. Mitigation in the form of avoidance and minimization has taken place on site 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wm/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): n/a Amount of buffer mitigation requested (square feet): n/a Amount of Riparian wetland mitigation requested (acres): n/a Amount ofNon-riparian wetland mitigation requested (acres): n/a Amount of Coastal wetland mitigation requested (acres): n/a IX. Environmental Documentation (required by DWQ) 1. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ^ No 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ^ No ^ 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ^ No ^ Updated 11/1/2005 Page 7 of 9 X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. 1. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 2B .0259 (Tar-Pamlico), 15A NCAC 02B .0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ^ No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact Multiplier Required (square feet) Mitigation 1 I I 3 (2 for Catawba) 2 1.5 Total I . * Zone I 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 I. 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. The project site is approximately 24 acres. Impervious surface area on site is 2.20 acres. This yields impervious surface cover of approximately 9%. The project will not exceed 20% impervious surface cover. Updated 11/1/2005 Page 8 of 9 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. Wastewater will be treated via a municipal wastewater treatment facility. XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ® No ^ Is this an after-the-fact permit application? Yes ® No ^ XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes ^ No ^ If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at http://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: And foods and services needed by the residence of this development can be obtained from the nearby Town of Ma~~ie Valley. This project will not result in additional development which would impact nearby downstream water quality. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). " ~pplicant/Agent's Signature Date (Agent's signature is valid only if an authorization letter from the applicant is provided.) Updated 11/1/2005 Page 9 of 9 ~a~i ,,~a01 ta0p m i I 4;,pp ft ~Clyd~r ~li~y 6D ZaDB hiapQuest Enc. * -Approximate Site Location Ridgecrest Haywood County, NC CLEARWATER Environmental Consultants, Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 V~vTEO rrr FEND Site Vicinity Map Figure 1 i 27) Cem Ile If Sil t1. It sk 7 ! ' A3 MAe 10 5°W ' 1 CLEARWATER Ridgecrest Environmental Consultants, Inc. USGS Topographic Map Haywood County, NC 718 Oakland Street Dellwood Quad Hendersonville, NC 28791 Figure 2 828-698-9800 Ridgecrest Project Data Total Project Area Jurisdictional Waters of the US Streams 0 if Wetlands 0.17 ac Open Water 0 ac Jurisdictional Impacts Wetlands 0.07 ac Avoidance Wetlands 0.10 ac 718 OAKLAND 5T I INCH = 150 FEET R I DG ECREST SHEET N0. ear a to r HENDERSONVILLE NC 28791 PHONE: (828) 698-9800 oRAWNBY CEC IMPACT MAP Environmental Consultants, InC. FAX: (8Z8) 698-9003 DATE: 04.02.2008 CEC PROJECT NQ. 547 WOOLMINGTON-SMITH VENTURES, LLC HAYWOOD COUNTY ,~ Y, 9 R J~.~ ~~ ~~ @W+• G 'i~ ia:~ 1tG Iii aat V iGG 4[G eii •. iti. Ridgecrest Haywood County, NC CLEARWATER Environmental ConSUltants. Inc. 718 Oakland Street Hendersonville, NC 28791 828-698-9800 USDA Soils Map Figure 4a MAP LEGEND MAP INFORMATION ArwdlnMr~s1 +,4011 w vary SSOrrr ~..oo'. Or'i~iriyi y3YI'SUrwyn`,~F'~'~~:'s'~'E rc pre~IrEJ ~: FnlOiirry7Uri sc;a~. I _.J Ivoacr rraos(n':: ~ ! .ho, moo, ~hnuin motile ynd ;rin;n sw 'iUnw~.'Cr, ritV )' ~r5 YOri~ :11e 9 y h' ` ~ U:.~~n~. RC8'~C rNll C.rl 71e !:a 5.,.t~n_ JI eac31 rILSf) 'DICE: yr ;,',~: ~`. SOb L'7xt 'i~~'IYSf~ren~errs. w huo x>" Spawe Lm~ F~»u na ~c:urpE d! ~%. '~Y. oral F(e~surc;E~ C2if19erv~lyuri 3EriyUE SpK 4Y Palr11 FYtUfH _ •;iifly. '~'iCC SCS+i Sur: C,' Jf%_. 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Sl'J(I'y' t_.~~ L~:~JflflCfllti, lil~irTi'J Ridgecrest Haywood County, NC CLEARWATER Environmental Consultants, Inc. 718 Oakland Street }lendersonville, NC 28791 828-698-9800 USDA Soils Map Legend Figure 4b DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: Ridgecrest Date: 02/19/08 Applicant /Owner: Woolmington-Smith Ventures, LLC County: _ Haywood Investigator: CEC State: NC Do normal circumstances exist on the site? Yes X No Community ID: UPL Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Festuca spp H UPL 9. 2. 10. 3. 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 0% Remarks: Dominant species on site is upland grass. Site was maintained as a pasture. HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other Inundated Saturated in Upper 12" x No Recorded Data Available water Marks Drift Lines Field Observations: Sediment Deposits Drainage Patterns in Wetlands Depth of Surface Water: 0 (in.) Secondary Indicators: Depth to Free Water in Pit: >l2 (in.) Oxidized Roots Channels in Upper 12" WaterStained Leaves Local Soil Survey Data Depth to Saturated Soil: > 12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3 A 10YR5/6 loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes Wetland Hydrology Present? Yes Hydric Soils Present? Yes No x Is the Sampling Point No x Within a Wetland? Yes No x No x Remarks: DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Determination Manual) Project /Site: RidQecrest Date: 02/19/08 Applicant /Owner: Woolmin~ton-Smith Ventures, LLC County: Haywood Investigator: CEC State• NC Do normal circumstances exist on the site? Yes X No Community ID: WL Is the site significantly disturbed (Atypical situation)? Yes No X Transect ID: Is the area a potential problem area? Yes No X Plot ID: (explain on reverse if needed) VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1. Juncus effusus H FACW+ 9. 2. Scirpus spp H OBL 10. 3. Eupatorium maculatum H FACW- 11. 4. 12. 5. 13. 6. 14. 7. 15. 8. 16. Percent of Dominant Species that are OBL, FACW, or FAC excluding FAC-). 3/3 = 100% Remarks: HYDROLOGY Recorded Data (Describe In Remarks): Wetland Hydrology Indicators Stream, Lake, or Tide Gauge Aerial Photographs Primary Indicators: Other x Inundated X Saturated in Upper 12" x No Recorded Data Available x Water Marks Drift Lines Field Observations: ~ Sediment Deposits X Drainage Patterns in Wetlands Depth of Surface Water: 0-2 (in.) Secondary Indicators: Depth to Free Water in Pit: 0-6 (in.) a Oxidized Roots Channels in Upper 12" X Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 0-6 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: SOILS Map Unit Name (Series and Phase): Drainage Class: Taxonomy (Subgroup): _ Confirm Mapped Type? Yes No Profile Description: Depth Matrix Colors Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moist) (Munsell Moist) Abundance/Contrast Structure, etc. 0-3 A IOYR3/2 loam 3-12+ A 10YR4/2 7.SYR4/6 few/distinct loam Hydric Soil Indicators: Histosol Concretions Histic Epipedon High Organic Content in Surface Layer in Sandy Soils x Sulfidic Odor Organic Streaking in Sandy Soils Aquic Moisture Regime Listed On Local Hydric Soils List x Reducing Conditions Listed on National Hydric Soils List x Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes x No Wetland Hydrology Present? Yes x No Hydric Soils Present? Yes x No Is the Sampling Point Within a Wetland? Yes x No Remarks: APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Haywood City: Dellwood Center coordinates of site (IaUlong in degree decimal format): Lat. 35.536594° N, Long. 83.023563° W. Universal Transverse Mercator: Name of nearest waterbody: UT Jonathan Creek Name of nearest Traditional Navigable Water (TN W) Into which the aquatic resource flows: Pigeon River Name of watershed or Hydrologic Unit Code (HUC): 06010106 Pigeon Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Pick List "navigable waters of the US." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [ReguiredJ ^ Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S" within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR par[ 328) in the review area. [Requirer/~ 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ^ TNWs, including territorial seas ^ Wetlands adjacent to TNWs ^ Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs ^ Non-RPWs that flow directly or indirectly into TNWs ® Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ^ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ^ Impoundments ofjurisdictional waters ^ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: none on property linear feet: width (ft) and/or acres. Wetlands: 0.10 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established O}1WM (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 Ill below - For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically Mows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). ' Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section llI.A.l 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 IH.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 Rapanoshave been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. if the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section Ill.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.I for the tributary, Section III.B.2 for any onsite wetlands, and Section HI.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ^ Tributary flows directly into TNW. ^ Tributary flows through Pick List tributaries before entering TN W. Project waters are Pick List river miles from 'I"N W. Project waters are Pick List river miles from RPW. Project waters are Pick List aerial (straight) miles from "I'N W. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: identity flow route to TNWS: "tributary stream order, if known: ' Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid West. ' Plow 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 "IN W. (b) General Tributary Characteristics (check all that apply)~ Tributary is: ^ Natural ^ Artificial (man-made). Explain: ^ Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ^ Silts ^ Sands ^ Concrete ^ Cobbles ^ Gravel ^ Muck ^ Bedrock ^ Vegetation. Type/% cover: ^ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): (c) Flow: Tributary provides for: Pick'List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: PiekList. Characteristics: Subsurface flow: Pick List. Explain findings: ^ Dye (or other) test performed: Tributary has (check all that apply): ^ Bed and banks ^ OHWM6 (check all indicators that apply): ^ clear, natural line impressed on the bank ^ ^ changes in the character of soil ^ ^ shelving ^ ^ vegetation matted down, bent, or absent ^ ^ leaf litter disturbed or washed away ^ ^ sediment deposition ^ ^ water staining ^ ^ other (list): ^ Discontinuous OHWM.~ Exp{ain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check al] that apply): ^ }-Iigh 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: Identity specific pollutants, if known: "A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ^ Riparian corridor. Characteristics (type, average width): ^ Wetland fringe. Characteristics: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Exp]ain: 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 (Relationship) to TNW Project wetlands are Pick List river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Pick List floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ^ Riparian buffer. Characteristics (type, average width): ^ Vegetation type/percent cover. Explain: ^ Habitat for: ^ Federally Listed species. Explain findings: ^ Fish/spawn areas. Explain findings: ^ Other environmentally-sensitive species. Explain findings: ^ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( )acres in total are being considered in the cumulative analysis. Eor each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TN W? 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 IILD: 2. Significant nexus Endings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section IILD: 3. Significant nexus Endings 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 APPL1~: TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ^ TNWs: linear feet width (ft), Or, acres. ^ Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ® Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: bed and bank, macro inverts, perennial flow. ^ Tributaries of TNW where tributaries have continuous flow "seasonally" (e. g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section I11.E3. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ® Tributary waters: none on property linear feet width (ft). ^ Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWsB that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section 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: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut IZPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an 1tPW: Wetland is contiguous with channel. Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: ~ 0.10 acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ^ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section 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 are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general vile, 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):10 ^ which are or could be used by interstate or foreign travelers for recreational or other purposes. ^ from which fish. or shellfish are or could be taken and sold in interstate or foreign commerce. ^ which are or could be used for industrial purposes by industries in interstate commerce. ^ Interstate isolated waters. Explain: ^ Other factors. Explain: Identify water body and summarize rationale supporting determination: "See Footnote # 3. To complete the analysis refer to the key in Section I11.D.6 of the ]nsinictional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON~TURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLl~: If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ^ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ^ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ^ Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: ^ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ^ Office concurs with data sheets/delineation report. ^ Office does not concur with data sheets/delineation report. ^ Data sheets prepared by the Corps: ^ Corps navigable waters' study: ^ U.S. Geological Survey Hydrologic Atlas: ^ USGS NHD data. ^ USGS 8 and ] 2 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad name: Dellwood 1:24,000. ^ USDA Natural Resources Conservation Service Soil Survey. Citation: ^ National wetlands inventory map(s). Cite name: ^ State/Local wetland inventory map(s): ^ FEMA/F1RM maps: ^ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ^ Photographs: ^ Aerial (Name & Date): or ^ Other (Name & Date): ^ Previous determination(s). File no. and date of response letter: ^ Applicable/supporting case law: ^ Applicable/supporting scientific literature: ^ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: This form is applicable to Wetland RA, RB. and RC.