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HomeMy WebLinkAbout20071841 Ver 2_401 Application_20080508['1 cwsi May 5, 2008 550 E WESTINGHOUSE BLVD. CHARLOTTE, NC 28273 704-527-1177 (v) 704-527-1133 (fax) Ms. Loretta Beckwith U.S. Army Corps. of Engineers 151 Patton Avenue, Room 208 Asheville, NC 28801 D'.p'4m fiiAW ? Y?o PAYI'-^!T Subject: REVISED Section 404 Individual Permit Application ?C E Asheville Regional Airport Expansion Fletcher, North Carolina CWS Project No. 2007-1889 The Asheville Regional Airport Expansion site is located adjacent to Interstate 26, on existing Airport Authority property in Fletcher, North Carolina (Sheets 1 and 2, enclosed). The purpose of this project is to develop approximately 33 acres into a mixed general aviation (GA) component for the airport which will include hanger space, offices and opportunity for the transfer and transport of goods and materials between groundside, at a four lane interstate highway, and airside, from the existing commercial grade airstrip, to serve Buncombe County and the Asheville region. Applicant Name: Asheville Regional Airport Authority, David N. Edwards, Jr. - Airport Director Mailing Address: 61 Terminal Dr., Suite 1, Fletcher, NC 28732 Phone Number of Owner/Applicant: 828-684-2226 Street Address of Project: Terminal Drive, Fletcher, NC Waterway: UT's to French Broad River Basin: French Broad (HU# 06010105) City: Asheville County: Buncombe Decimal Degree Coordinate Location of Project Site: N35.44612°, W82.54223° USGS Quadrangle Name: Skyland, North Carolina, 1991 Current Land Use The current land use for the project area is a commercial service airport. Dominant vegetation within the project area consists of red maple (Acer rubrum), ironwood (Carpinus caroliniana), tag alder (Alnus serrulata), black gum (Nyssa sylvatica), black willow (Salix nigra), silky dogwood (Cornus amomum), soft stem rush (Juncus effusus), false nettle (Boehmeria cylindrica), jewel weed (Impatiens capensis), cinnamon fern (Osmunda cinnamomea), Christmas fern (Polystichum acrostichoides), and various sedges (Carex spp.) (Sheet 4, enclosed). According to the Soil Survey of Buncombe County l, on-site soils consist of Tate Loam, 2-8% slopes (TaB), Hayesville Loam, 15-25 % slopes (HyE), Hayesville-Urban Land Complex, 2-15 % slopes and Braddock-Urban Land Complex, 2-15 % slopes (Sheet 3, enclosed). National Wetlands Inventory The National Wetlands Inventory maps did not show any part of the project site mapped as wetlands (Sheet 5, enclosed). 1 United States Department of Agriculture, Web Soil Survey. Soil Survey of Buncombe County, North Carolina. NORTH CAROLINA • SOUTH CAROLINA j 7- ??ylv? WWW.CWS-INC.NET May 5, 2008 Ms. Loretta Beckwith Page 2 of 10 FEMA Floodplain No portion of the project area or the proposed development is located within a FEMA regulated floodplain (Sheet 6, enclosed), therefore no FEMA floodplain will be impacted by the project activities. Buncombe County Zoning The existing site and proposed expansion are zoned for industrial use (Sheet 7, enclosed). No portion of the site will be rezoned for the purpose of this project. Jurisdictional Delineation On June 13, 2007 CWS's Ron Johnson, PWS, Matt Jenkins, WPIT, Paul Bright, and Anthony Nardo delineated (flagged in the field) and classified on-site jurisdictional waters of the U.S. using the U.S. Army Corps of Engineers (USACE) - Routine On-Site Determination Method. On March 12, 2008, CWS delineated additional areas at the request of the USACE. Jurisdictional waters of the U.S. were classified according to recent North Carolina Division of Water Quality (NCDWQ)2 and USACE guidance. NCDWQ Stream Classification Forms and USACE Stream Quality Assessment Worksheets representative of Streams A - E are enclosed (SCP 1 - SCP7). On-Site waters were determined to be jurisdictional according to the EPA/USACE Approved Jurisdictional Determination Forms. The results of the on-site field investigation indicate that there are five jurisdictional stream channels (Streams A - E) and six jurisdictional wetland areas (Wetlands AA - FF) located within the project area (Sheet 8, enclosed). Routine On-Site Data Forms representative of Wetlands AA - EE as well as non jurisdictional upland areas have been enclosed (DPI - DP5). On-Site jurisdictional waters of the U.S. include unnamed tributaries to French Broad River. French Broad River is within the Upper French Broad basin (HU# 06010105)3 and is classified as "B;Tr" waters by the NCDWQ. On-Site jurisdictional waters of the U.S. were mapped by CWS using a sub-meter capable GPS unit and total approximately 0.770 acre (33,541 square feet). Linear footage and acreage of on-site jurisdictional waters are summarized in Table 1. Table 1. Summa of On-Site Jurisdictional Waters Jurisdiction Classification Approximate Length `(I f) Approximate Acreage Stream A Perennial 1540 0.243 Stream B Unimportant Intermittent 92 0.005 Stream C Perennial 393 0.023 Stream D Unimportant Intermittent 46 0.003 Stream E Perennial 62 0.005 Stream Subtotal: 2,133 0.279 Wetland AA Herbaceous 0.028 Wetland BB Forested 0.009 Wetland CC Forested 0.288 Wetland DD Herbaceous 0.015 Wetland EE Herbaceous 0.031 Wetland FF Herbaceous 0.148 2 North Carolina Division of Water Quality, 1999. Stream Classification Method. Version 2.0. 3 "HU#" is the Hydrologic Unit Code. U.S. Geological Survey, 1974. Hydrologic Unit Map, State of North Carolina. May 5, 2008 Ms. Loretta Beckwith Page 3 of 10 Jurisdiction I Classification Approximate Length (if) Approximate Acreage Wetland Subtotal: 0.491 On-Site Total: 1746 0.770 Perennial Streams Stream A flows through the middle portion of the property and is approximately 1,540 linear feet in length (Sheet 8, enclosed). This channel exhibited average ordinary high water widths of 4-5 feet, perennial flow, moderate sinuosity, and substrate consisting of fine sand to small cobbles. Biological sampling of Stream A resulted in a weak presence of crayfish and amphibians, and a weak presence of benthic macroinvertebrates. USACE Stream Quality Assessment scores for Perennial Stream A ranged from 49 to 53 out of a possible 100 points and ranged from 33.5 to 36.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP1 through SCP3, enclosed). Photographs of Perennial Stream A are enclosed as Photographs A and B. Stream C flows east for approximately 393 linear feet until its confluence with Perennial Stream A (Sheet 8, enclosed). This channel exhibited an average ordinary high water width of 1-2 feet, perennial flow, weak sinuosity, and substrate consisting of silt to large gravel. Perennial Stream C scored 55 out of a possible 100 points on the USACE Stream Quality Assessment Form and 30 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP5, enclosed). A Photograph of Stream C is enclosed as Photograph F. Stream E flows north for approximately 62 linear feet until its confluence with Perennial Stream A (Sheet 8, enclosed). This channel exhibited an average ordinary high water width of 1-2 feet, perennial flow, weak sinuosity, and substrate consisting of silt to large gravel. Perennial Stream E scored 56 out of a possible 100 points on the USACE Stream Quality Assessment Form and 30 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP7, enclosed). Intermittent Streams Stream B flows north and is approximately 92 linear feet in length (Sheet 8, enclosed). This channel exhibited average ordinary high water widths of 3-4 feet, weak ground water flow, and substrate consisting of silt to large gravel. Unimportant Intermittent Stream B scored 27 out of a possible 100 points on the USACE Stream Quality Assessment Form and 23.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP4, enclosed). A photograph of Unimportant Intermittent Stream B is enclosed as Photograph G. Stream D flows north and is approximately 46 linear feet in length (Sheet 8, enclosed). This channel exhibited average ordinary high water widths of 2-3 feet, weak ground water flow, and substrate consisting of silt to small gravel. Unimportant Intermittent Stream D scored 29 out of a possible 100 points on the USACE Stream Quality Assessment Form and 22.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP6, enclosed) Wetlands Wetland AA is located in the central portion of the property, adjacent to Stream A and is approximately 0.028 acre in size (Sheet 8, enclosed). Dominant vegetation within this area includes silky dogwood (Corpus amomum), Christmas fern (Polystichum acrostichoides), cinnamon fern (Osmunda cinnamomea), common rush (Juncus effuses), and jewelweed (Impatiens capensis). This area exhibited low chroma soils (2.5Y 4/1), few prominent mottles (5YR 4/6), drainage patterns, and May 5, 2008 Ms. Loretta Beckwith Page 4 of 10 saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland AA is enclosed (DP2). Wetland BB is located is located downstream of Perennial Stream A and Unimportant Intermittent Stream B (Sheet 8, enclosed). This forested linear wetland is approximately 0.009 acre is size. Dominant vegetation within this area includes red maple (Acer rubrum), ironwood (Carpinus caroliniana), hazel alder (Alnus serrulata), common rush (Juncus effuses), and various sedges (Carex spp.). Wetlands DD, EE, and FF are located adjacent to Perennial Stream A. These wetland areas were exposed due to clearing activities and currenly are dominated by common rush, privet and various sedges. These wetland areas exhibited low chroma soils (2.5Y 4/1, 2.5Y 4/2), few distinct mottles (5YR 4/6, 7.5YR 5/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland BB is enclosed (DP3). A Photograph of Wetland BB is enclosed as Photographs E. Wetland CC is located at the downstream portion of Perennial Stream A (Sheet 8, enclosed). This forested wetland area is approximately 0.172 acre is size. Dominant vegetation within this area includes black gum (Nyssa sylvatica), black willow (Salix nigra), ironwood (Carpinus caroliniana), silky dogwood (Corpus amomum), false nettle (Boehmeria cylindrical), common rush (Juncus effuses), jewelweed (Impatiens capensis), and various sedges (Carex spp.). This area exhibited low chroma soils (IOYR 4/1), inundation to 2 inches, drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland CC is enclosed (DP4). Photographs of Wetland CC are enclosed as Photographs C and D. A Routine On- Site Determination Form representative of on-site non jurisdictional upland areas is also enclosed (DP 1). Agency Correspondence Cultural Resources A letter was forwarded to the State Historic Preservation Office (SHPO) on June 5, 2007 to determine the presence of any areas of architectural, historic, or archaeological significance that would be affected by the project. In a letter dated July 13, 2007, the SHPO stated that there "are no known recorded archaeological sites within the project boundaries" (enclosed). Protected Species A letter was forwarded to the North Carolina Natural Heritage Program (NCNHP) on June 5, 2007 to determine the presence of any federally-listed, candidate endangered, threatened species or critical habitat located within the project area. In a letter dated June 13, 2007, the NCNHP stated there "is no record of rare species, significant natural communities, or significant natural heritage areas at the site, nor within''/2 mile of the project area" (enclosed). Protected Species A protected species survey was conducted to determine the potential for the occurrence of animal and plant species formally proposed or listed as endangered or threatened by current Federal regulations [Federal Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)] within the proposed project area. The review consisted of a literature and records search, and a pedestrian survey performed by CWS's Matt Jenkins, WPIT, and Paul Bright. CWS consulted the North Carolina Natural Heritage Program's (NCNHP) Natural Element Occurrence Search Page for Buncombe Countyl5l. The data contained in 5 The NCNHP Element Occurrence Search Page, found online at http://207.4.179.50/nhp/county.htmi, accessed on June 12, 2007. May 5, 2008 Ms. Loretta Beckwith Page 5 of 10 this database was last updated March 1, 2007. According to the NCNHP database, there are four Current Federally Endangered or Threatened species listed for Buncombe County. The Endangered species for Buncombe County are the Carolina northern flying squirrel (Glaucomys sabrinus coloratus), gray bat (Myotis griseseens), spreading avens (Geum radiatum) and the rock gnome lichen (Gymnoderma lineare). Bunched arrowhead (Sagittaria fasciculate) is listed as Historic in Buncombe County and was not observed within the site. The only potential habitat is Wetland CC which is located in a seep area with loamy soils. Bunched arrowhead requires seepage areas with very low water flow and no stagnation; soils are sandy loams overlain by muck 10-24 inches deep; some shade is beneficial. Wetland CC was heavily shaded and dominated by jewelweed and various sedges. No overlaying muck layer was observed in this wetland area. It is the opinion of CWS that Wetland CC is not a suitable habitat for bunched arrowhead. Plant species observed during the pedestrian survey were identified to species or to the lowest taxonomic level necessary to determine if the observed specimen was a protected species. Plant species identified in this report follow taxonomy described by Radford, et al.161 The following section describes the potential on-site habitats. On-Site Habitat The proposed project area is comprised of cleared mixed hardwood forest and old successional field, (Sheet 4, enclosed). Dominant vegetation within the mixed hardwood canopy includes red maple (acer rubrum), black cherry (Prunus serotina), tuliptree (Liriodendron tulipifera), and white oak (Quercus alba),. Understory vegetation within this area includes poison ivy (Toxicodendron radicans), American holly (Ilex opaca), cinnamon fern (Osmunda cinnamomea), green catbriar (Smilax rotundifolia), and black raspberry (Rubus occidentalis). Dominant vegetation within the early successional fields includes tuliptree (Liriodendron tulipifera), white oak (Quercus alba), green catbriar (Smilax rotundifolia), black raspberry (Rubus occidentalis), Aster (Aster spp.) and various grasses (Festuca spp.). Table 1. Federally-Listed Species Observed in Buncombe County, North Carolina llaior Group Scientific Name' Common Name .Federal ?= ?" Habitat ?= Status v Vertebrate Glaucomys sabrinus Carolina Northern E The ecotone between coniferous and coloratus Flying Squirrel northern hardwood forests. Vertebrate yotis grisescens Gray Bat E Caves icot Geum radiatum Spreading Avens E High elevation cliffs, outcrops, and steep slopes exposed to full sun Lichen Gymnoderma lineare Rock Gnome Lichen E On rocks in areas of high humidity at high elevations Federal Status Codes Code Status Definition E Endangered A taxon in danger of extinction throughout all or a significant onion of its range. T Threatened A taxon likely to become an endangered species within the 6 Radford, et al. 1968. Manual of the Vascular Flora of the Carolinas. The University of North Carolina Press, Chapel Hill, North Carolina. 1183 pp. May 5, 2008 Ms. Loretta Beckwith Page 6 of 10 foreseeable future throughout all or a significant portion of its range. A taxon that is formally proposed to be listed as P Proposed Endangered or Threatened. A taxon under consideration for which there is sufficient C Candidate information to support listing. PD Proposed De-listed A taxon that is proposed for de-listing Federal Species of A species under consideration for listing, for which there is FSC Concern insufficient information to support listing at this time Carolina Northern Flying Squirrel (Glaucomys sabrinus coloratus) The Carolina northern flying squirrel is found primarily in the transition zone between coniferous and northern hardwood forests. Both forest types are used for food collection, while the northern hardwood forest is used for nesting. Individuals often occupy tree cavities and woodpecker holes, but will also construct nests. Carolina northern flying squirrels are very rare and occur in isolated communities in North Carolina and Tennessee. CWS did not observe any potential habitat during the pedestrian survey and no Carolina northern flying squirrels were observed on the day of the field investigation. Gray Bat (&otis grisescens) The gray bat is a cave dweller found primarily in Arkansas, Missouri, Tennessee, and Alabama, with a few colonies in adjacent states. They rely on different types of caves for hibernating and maternity. The hibernation caves are generally cooler than the maternity caves. Male gray bats and non- reproductive females form bachelor colonies that aren't as restrictive on their nesting sites. CWS did not observe any potential habitat during the pedestrian survey and no gray bats were observed on the day of the field investigation. Spreading Avens (Geum radiatum) Spreading avens is an endemic in the rose family that occupies high elevation cliffs, outcrops and steep slopes that are exposed to full sun in western North Carolina and Tennessee. The habitat is usually found next to red spruce dominated coniferous forests. They are threatened by trampling, development and air pollution. CWS did not observe any potential habitat during the pedestrian survey and no spreading avens were observed on the day of the field investigation. Rock Gnome Lichen (Gymnoderma lineare) The rock gnome lichen is part of the reindeer moss family and is found on rocks in areas of high humidity. These sites can occur at either high elevation or in deep river gorges at lower elevations. Threats to rock gnome lichen are development, air pollution, collection, and coniferous forest decline. CWS did not observe any potential habitat during the pedestrian survey and no rock gnome lichens were observed on the day of the field investigation. Biological conclusion: Given the results of the literature search and initial field investigation, it is unlikely that the proposed project will impact the Carolina northern flying squirrel, gray bat, spreading avens or the rock gnome lichen or their potential habitats. Bunched arrowhead (Sagittaria fasciculate) is listed as Historic in Buncombe County and was not observed within the site. The only potential habitat is Wetland CC which is located in a seep area with loamy soils. Bunched arrowhead requires seepage areas with very low water flow and no May 5, 2008 Ms. Loretta Beckwith Page 7 of 10 stagnation; soils are sandy loams overlain by muck 10-24 inches deep; some shade is beneficial. Wetland CC was heavily shaded and dominated by jewelweed and various sedges. No overlaying muck layer was observed in this wetland area. It is the opinion of CWS that Wetland CC is not a suitable habitat for bunched arrowhead. Purpose and Need for the Project The north expansion of the Asheville Regional Airport will provide for the surface area improvements necessary to accommodate ground side and air side general aviation (GA) purposes which have been identified as essential to the growing economic demand of the region. The facility must have both direct access to commercial airstrip and ground side access to four lane interstate. The Asheville Regional Airport has a need to expand its development to meet the increased demand in the aviation industry. Due to the limited real estate for aviation use with access to both taxiway and runway facilities, and the boundary of the French Broad River, Interstate 26, and NC Route 280, this area is the airports most economically feasible land to develop for aviation use. This project will satisfy a portion of the publicly approved 20 year master plan for the airport. It is the purpose of this project to provide service to economic development needs of Asheville Region and Buncombe County by providing airside access to airstrip and groundside access to four lane interstate with approximately 450,000 square feet of new ramp, apron and taxiway; approximately 200,000 new square feet of building and approximately 150,000 new square feet of roadway and parking. The project has been designed to satisfy the safety concerns of the FAA. Alternatives Analysis The Applicant has reviewed alternatives for the development of the expansion area including the following: Alternative 1 - No Build Alternative The No-Build Alternative will result in no impacts to jurisdictional streams or wetlands but does not satisfy project purpose and need to provide airside access to airstrip and groundside access to four lane interstate with approximately 450,000 square feet of new ramp, apron and taxiway; approximately 200,000 new square feet of building and approximately 150,000 new square feet of roadway and parking. Alternative 2 - Off-Site Development Alternative The Off-Site Development Alternative will result in no impacts to jurisdictional streams or wetlands on this site but does not satisfy project purpose and need to provide airside access to airstrip and groundside access to four lane interstate with approximately 450,000 square feet of new ramp, apron and taxiway; approximately 200,000 new square feet of building and approximately 150,000 new square feet of roadway and parking. This alternative would also require land acquisition by the airport. Alternative 3 - West Side Development Alternative The West Side Development Alternative will result in impacts to 2,371 linear feet of jurisdictional streams and also does not satisfy project purpose and need since it does not have access to four lane interstate and terminal. The USGS topographic map shows a "blue line" stream in this location. This area doesn't have existing support infrastructure (access, utilities, taxiways, aprons, etc). In order to access the airport terminal from this area, all traffic will need to cross the runway which will cause safety issues and could delay flights. Alternative 4 - South Side Development Alternative May 5, 2008 Ms. Loretta Beckwith Page 8 of 10 The South Side Development Alternative will result in impacts to approximately 2,818 linear feet of jurisdictional streams but does not satisfy project purpose and need since it does not enough land area adjacent to both airstrip and interstate to provide the necessary program elements. This alternative cannot be adjacent to Runway/Taxiway system due to Rental car Facility. The elevation of this piece of land is 30 feet lower than the existing development and it cannot be filled due to the location of the rental car facility. Alternative 5 - East Side Development Alternative The East Side Development Alternative will impact jurisdictional streams or wetlands but does not satisfy project purpose and need since it is not adjacent to airstrip and does not have enough land area to provide the necessary program elements. This alternative is located across NC-280 and will have no access to Runway/Taxiway System unless a taxiway bridge is built to span the highway. A bridge of this nature would not be cost effective for this project. In addition, the land area geometry and size is not adequate for the development. Alternative 6 - Reduced Scope and Scale Alternative The Reduced Scope and Scale Alternative will result in fewer impacts to jurisdictional streams or wetlands but does not satisfy project purpose and need to provide airside access to airstrip and groundside access to four lane interstate with approximately 450,000 square feet of new ramp, apron and taxiway; approximately 200,000 new square feet of building and approximately 150,000 new square feet of roadway and parking. Reducing the scope and scale would render the project not economically feasible. Alternative 7 - On-Site Northern Development Alternative (Preferred Alternative) The On-Site Northern Development Alternative will result in unavoidable impacts to jurisdictional streams or wetlands on this site but it does satisfy project purpose and need to provide airside access to airstrip and groundside access to four lane interstate with approximately 450,000 square feet of new ramp, apron and taxiway; approximately 200,000 new square feet of building and approximately 150,000 new square feet of roadway and parking. This alternative will provide access to I-26 via NC- 280 (Sheet X, enclosed). This alternative is consistent with FAA approved Master Plan and Land Use Plan Alternative 8 - An additional alternative suggested by the NCDWQ was to relocate the stream to the east side of the development. The topography of the site will not allow a proper relocation of the stream due to the drastic elevation change across the site. Avoidance and Minimization The expansion of the existing airport development to the north occurs on a site which is bisected by a perennial stream. Development to one side or the other of the stream would not yield sufficient development area to satisfy the project purpose and need. The stream cannot be relocated to the east due to shallow bedrock to the ground surface and topographic constraints. The stream cannot be relocated to the west due to FAA restrictions on open water and forested buffers adjacent to runways due to safety issues. Impacts were reduced for the Preferred Alternative by reducing the fill slopes from 4:1 to 3:1 on the north end of the development. A retaining wall and wing walls were added to the north outlet of the 60" RCP to further reduce impacts. The use of the rip rap apron was avoided through the use of an internal energy dissipater to the pipe. The system was designed with an O-Ring Gasket RCP pipe to seal out ground water from the pipe. This minimization strategy has reduced stream impacts by 441 linear feet and wetland impacts by 0.158 acre from the original proposed activities. Minimization of May 5, 2008 Ms. Loretta Beckwith Page 9 of 10 impacts to downstream aquatic resources will be accomplished by filling the area so that grade directs stormwater flows away from surface waters and into off-line stormwater BMP treatment measures. Negative effects to downstream water quality and important aquatic functions and values will be prevented through appropriate erosion and sediment control methods during construction and the incorporation of permanent storm water management measures designed to remove Total Suspended Solids (TSS) before they reach downstream receiving waters. Proposed Impacts to Jurisdictional Waters Unavoidable impacts to Perennial Streams will total approximately 1,535 linear feet and impacts to wetland areas will total 0.359 acre (Sheets 10-14, enclosed). Approximately 138 linear feet (0.008 acre) of Unimportant Intermittent Stream will be impacted. Impacts are due to grading activities associated with the expansion of the Asheville Regional Airport North General Expansion Project. The main drainage will be piped with 1,175 liner feet of 60" Reinforced Concrete Pipe (RCP). Fly ash will be used to backfill the area. Progress Energy holds the non-site specific permit for the disposal of the fly ash. The fly ash will be capped with a 24 inch top soil cap. Details for the liner installation have been included. The groundwater will be monitored using wells. Details of the monitoring well installation and monitoring plan are enclosed. A Typical Cross Section has been included as Sheet 11. On behalf of The Asheville Regional Airport, CWS is submitting a Section 404 Individual Permit Application with attachments (enclosed). Compensatory Mitigation The existing culvert downstream of the site will be removed and restored back to a natural stream channel. The restoration will include enhancements to the downstream 50 linear feet of channel. Mitigation for the pipe removal will be accomplished by removing the existing pipe and grading the channel to match the existing banks. The newly graded banks will be lined with erosion control matting and planted with live stakes. Live stakes will be harvested locally and will be native vegetation. Only healthy, well branched, and disease free species shall be used. Following the first growing season the live stakes shall be monitored to ensure an 85 % survival rate. If the 85% survival rate is not achieved the client will re-plant the live stakes to ensure this survival rate. A conceptual design will be submitted under separate cover. Applicant proposes a donation to the NC Ecosystem Enhancement Program as mitigation for all proposed impacts to streams and wetlands minus the 150 linear foot restoration. The AVL is proposing a donation of $678,650 for impacts to 1,385 linear feet of perennial stream at a 2:1 ratio. The AVL is proposing a $29,351 for impacts to 0.50 acre of riparian wetland area at a 2:1 ratio. Total donation to the EEP will be $708,001. A revised request has been forwarded to NCEEP to ensure the credits will be available. Stormwater Management A Stormwater Management Plan has been designed to minimize impacts to downstream aquatic resources. Negative effects to downstream water quality and important aquatic functions and values will be prevented through appropriate erosion and sediment control methods during construction and the incorporation of permanent storm water management measures designed to remove Total Suspended Solids (TSS) before they reach downstream receiving waters. The plan has been designed according to NC Division of Water Quality Standard. A copy of the Post-Development Drainage Plan has been included as Sheets 15-17. Stormwater calculations to justify the design have been included. A Stormwater Pollution Prevention Plan (SPPP) template is being developed for the North Carolina Airport Association (NCAA) that will provide guidance on best management practices (BMPs) that May 5, 2008 Ms. Loretta Beckwith Page 10 of 10 should be followed by NCAA-member airports to prevent or reduce stormwater pollution from their industrial activities. As such, Asheville Regional Airport will implement BMPs, including fuel disposal barrels and ramp sweeping activities for the General Aviation Apron Area to help treat stormwater runoff from the existing impervious areas. Please do not hesitate to contact me at 704-527-1177 or through email at craig@cws-inc.net should you have any questions or comments regarding these findings. Ron G. Acientist WS Craig R. Wyant, RLA Senior Senio r Resource Analyst Enclosures: Sheet 1 of 20. Vicinity Map Sheet 2 of 20. USGS 7.5' Skyland, NC Topographic Quadrangle Sheet 3 of 20. Buncombe County Soil Survey Sheet 4 of 20. Aerial Photograph Sheet 5 of 20. National Wetlands Inventory Map Sheet 6 of 20. FEMA Floodplain Map Sheet 7 of 20. Buncombe County Zoning Map Sheet 8 of 20. Wetland Boundary Survey Sheet 9 of 20. Pre-Developed Drainage Map Sheet 10 of 20. Alternatives Analysis 1 of 2 Sheet 11 of 20. Alternatives Analysis 2 of 2 Sheet 12 of 20 Direct Airport Exit Concept Sheet 13 of 20. Proposed Impacts Sheet 14 of 20. Typical Cross Section Sheet 15 of 20 Final Development Plan Sheet 16 of 20. Post-Developed Grading Plan A Sheet 17 of 20. Post-Developed Grading Plan B Sheet 18 of 20. Post-Developed Drainage Map - Overall Sheet 19 of 20. Post-Developed Drainage Map A Sheet 20 of 20. Post-Developed Drainage Map B Section 404 Individual Permit Application (ENG FORM 4345) Request for Jurisdictional Determination Form Agent Certification of Authorization Form USACE Routine Wetland Determination Data Forms (DP 1 - DP5) NCDWQ Stream Classification Forms (SCP1 - SCP7) USACE Stream Quality Assessment Worksheets (SCP1 - SCP7) Approved Jurisdictional Determination Forms (SCP1-SCP7) Representative Photographs (A - H) Agency Correspondence Letter from Asheville Chamber of Commerce Adjoining Property Owners Geosynthetic Clay Liner Installation Report Monitoring Well Installation and Monitoring Plan cc: Ms. Cyndi Karoly, NCDWQ Mr. Gary Bouthillier, WK Dickson Mr. David N. Edwards, Jr. - Airport Director, AVL Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series, Skyland Quadrangle, North Carolina, dated 1991. Approximate Scale 1" = 4,000' Sheet 1 of 20 Asheville Regional Airport Project Individual Permit Application Project No. 2007-1889 Asheville Regional Airport Project Individual Permit Application Project No. 2007-1889 Image Courtesy of the U.S. Geological Survey 7.5 Minute Topographic Map Series, Skyland Quadrangle, North Carolina, dated 1991. Approximate Scale 1" = 2000' Sheet 2 of 20 Asheville Regional Airport Project Individual Permit Application Proiect No. 2007-1889 Soil Survey Courtesy of Buncombe County Online GIS Soil Survey of Buncombe County, North Carolina. Sheet 3 of 20 Asheville Regional Airport Project Individual Permit Application Project No. 2007-1889 BE COUNTY 9878 S062 .4". k Y Aerial Map Image Courtesy of Buncombe County GIS, dated 2006. Sheet 4 of 20 Asheville Regional Airport Project [ndividual Permit Application - 111.20 W 82-33-0 W 82-32-40 W 82-32-20 W 82-32-0 W z 0 M n M z 0 n N 2 c u C, i - I . 4 n G C i i I? PUSAh X526 ' o r E f' , Skyla i ) ) n v a c C c f f in z N O z 3526 i ,411 3526 ---- -- PEM1C'-.. J ? PSSS11A Project No. 2007-18 Legend CO N US_wef_s ca n O 1 Out of range ,?? Interstate Major Roads Other Road inlarstata State highway N U3 highway Roads Cities USGS Quad, Index 24K Lower 48 Wetlandl Polygons Estuarine and Marine Deepwater Estuarine and Marine Wetland Freshwater Emergent Weffand Freshwater ForestedlShrub Welland Freshwater Pond ® Lake Other Riverine Lower 48 Available Wetland Data Aron-Digital Digital No Data Scan NH'D Streams Counties 104K 0 States 100K E-1 South America O North America. 82-33-20 W 82-33-0 W 82-32-40 W 82-32-20 W 82-32-0 W Map center: 35e 26'33" N, 82e 32'35" W Scale: 1:23,950 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable. THIS MAP IS NOT TO BE USED FOR NAVIGATION. NWI Map linage Courtesy of the National Wetlands Inventory. Sheet 5 of 20 Asheville Regional Airport Project Individual Permit Application Project No. 2007-1889 370031 APPROXIMATE SCALE 500 0 500 FEET NATIONAL FLOOD INSURANCE PROGRAM FIRM FLOOD INSURANCE RATE MAP BUNCOMBE COUNTY, NORTH CAROLINA AND INCORPORATED AREAS PANEL 458 OF 550 ISEE MAP INDEx FOR PANELS NOT PRINTED) CONTAINS: C COMMUNITY NUMBER PANEL SUFFIX ?/ O ?Z ASHENLLE. CRY OF 37C031 OGM C 70031 D46B C C S O '_ QO T UNINCORPONAT C AREA 3 I I Ili 7, n ^ ? O ` G ?? ? II II f C t ce to Uset: The MAP NUMBER shown below should Ce used lacing map orders: the COMMUNITY NUMBER shown mIh"ld ba used on inwrence applkelions Ior the soeiea ah m y o i Asheville 26 I i MAP MBER 021C8 C 370032 MO EFFECTIVE DATE W MAY 6,1996 Federal Emergency Management Agency This is an official copy of a portion of the above referenced flood map. It was extracted using F-MIT On-Line. This map does not reflect changes or amendments which may have been made subsequent to the date on the title block. For the latest product information about National Flood Insurance Program flood maps check the FEMA Flood Map Store at www.msc.fema.gc FEMA Flood Map Image Courtesy of the Federal Emergency Management Agency, dated 1996. Sheet 6 of 20 Asheville Regional Airport Project Individual Permit Application Project No. 2007-1889 Zoning Map Image Courtesy of the City of Asheville GIS, dated 2007. Sheet 7 of 20 NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND SURVEYED WITH GPS BY C W S, INC. (C W S) ON NNE 13, 2007. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE \ \ 11111 ?I!!,,, \ Perennial Stream C- - - - \? \ ` \\i h\`\ c0+ye rv?ut,,it. 39 Linear Feet \ \ \ \ \\ \\li \\ Exietin Culvert- _ \ \\ \\ ?\ \\ \\ \? 104 Linear Fee DP4 _ \•\ \?\s\ Wetland CC- 11 \ \\\\?? 0.288 acre \ SOPS G. "??? V I\ A ??\\ Intermittent Stream D- / \ \ \? \ \ ?? \\\\\ 46 Llned0'Feet P6 Wetland DO--- \ L 0.015 acre P3 \ \\ \ j\ \\ \ \ r.„< ? nee \ DP2 Wetland BB- 'Q,009 acre Wetland AA- \, II \\ 0.028 acre Wetland EE- 0.031 acre r CP3 '? \ \, \ \ {fit, '\\ DPI 0 O \ \\ \ \ \ Sep nnial Stream E- 6 inear Feet \6\'\y\ ?\ \ SCP 2 ? \r \ \ -7 \ \\ Wetland FF- 0.148 acre \ V A.?? erennlal Stream A- SCP4 1,540 Linear Feet CP1 _.a.r ?t4 I \ r. Unimportant intermittent ream B- r u 92 Linear Feet 0 m O ? v ? - ??? / • .. \\ ? ., DE7:SE FJUAGr. LEGEND PROPERTY BOUNDARY JURISDICTIONAL STREAM CHAS 7. ' p - JURISDICTIONAL WETLAND PHOTO LOCATION AND DIRECTION APPROXIMATE SCALE: 1" = 400' g Carolina Wetland Services r550 East Westinghouse Blvd. l 1 CW SCharlotte, North Carolina 28273 AFFE0. UI SMSLRVEYP-Bt-DICh50v kcD. WC DAtID 3ro?. Sheet 8. Wetland Boundary Survey Asheville Regional Airport Expansion Fletcher, North Carolina C W S Project No. 2007-1889 SHEET 8 OF 20 ''I? \4 \\\\1 \! 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NORTH CAROLINA '. ?+r REVS OVS NOTE: JURISDICTIONAL WATERS OF THE U.S. WERE DELINEATED AND SURVEYED WITH GPS BY CWS, MC. (CWS) ON TUNE 13, 2007. JURISDICTIONAL FEATURES HAVE NOT BEEN VERIFIED BY THE USACE. It ' I?F ,_? I, a '% 1, Perennial Stream C- 158 Linear Feet Impacted / 1 1 1 M 7S u i? : r ,v \ ?s I eft. V Fx ooh o , of ?, -A _ n LEGEND 1 PROPERTY BOUNDARY IMPACTED STREAM CHANNEL ?T7r, IMPACTED WETLAND APPROXIMATE SCALE: I"-400' Carolina Wetland Services [`.WS. 550 East Westinghouse Blvd. Charlotte, North Carolina 28273 REFERES"CE. 57vEY PR-aY W R. DIC:<5-CO.- Proposed Impacts Asheville Regional Airport Expansion Fletcher, North Carolina CWS Project No. 2007-1889 eacenaso aY SHEET 13 OF 20 PAVEMENT/ TURF 24"MIN. SOIL CAP FILL MATERIAL/ FLY ASH (DEPTH VARIES) --"`GEOSYNTHETIC CLAY <<'°LINE R SOIL FILL EXISTING GROUND EXISTING STREAM PROPOSED 60" RCP n 2 m m NORTH GENERAL AVIATION DEVELOPMENT p N O DICKSON --unity 2? TYPICAL CROSS-SECTION FOR THE ASHEVILLE REGIONAL AIRPORT ASHEVILLE, NORTH CAROLINA GRBY? SAS SHDWN 818 COLONNADE DRIK CHARLOTTE. NC 282°5 WK ? a, vPa. °nft (704) 33h5348 1 4 ` 2°°' °°T D e ' ? ? i ac o2n.oo.cL arroe Locoeona: nui --unity )IlfrOetNCtllr9 Conaultcnte North Carolina Georgia South CaralMa Florida ?- ::?.._?- mss- ?, ??PROPOSED NORTH .,k?`G.A. DEVELOPMENT \ \ t\ j \ `\ _ -ti \ (\`t t \ \\\ ?? J?I' ii? ir'/ I , J \1 t \ ,\ \\ \` I U FINAL DEVELOPMENT PLAN f \\ \, \\\\ I QT _?_°A - ---1 ! ' ? 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D TEI?TIDN it 1.t 1 \ \ B\ \N\ `\ GRASSES ?SWALfiJ i i / / -T_ ?---2145 o-o- o-o-o-a o-o-? o- == - GRASSED SWALE 3 - ee', / \?. -- 2160 - ., \ J / -- -- ?00 0 200 400 SCALE: 1 = 200 NORTH GENERAL AVIATION DEVELOPMENT FOR THE ASHEVILLE REGIONAL AIRPORT ASHEVILLE, NORTH CAROLINA 616 COLONNADE DRIVE P ,RlluEx SASE7027.D0. SHOWN DCHARLOTTE, NC 28205 vv ^ (704) 354-5348 ; D a. R°0T'32.MCL DICKSON GRB En r North C,roil ons: / Eire wro eommunlty tnfmatructure cOnaultmta North carding Cor South Cardlna Flo Ida rida ! - r.r.e_[ioo.w• I - - Y-7 8-1 I - ??17I11. II Ilf ao-o-o-o-o-o-l II II GRASSED SWALE I? / F.F.E. 2152.25 I? I \\ / ?? j y / / WLEVE 0 DER R SSWALE_1 ` / zb _ R 15 _Gi--- a p 2160 - -- _ - - _ -- - - - - - - - -- - - - - - - - - - - - - - - - - -- - - - - - - - /? u I a POST-DEVELOPED DRAINAGE MAP B APPLICATION FOR DEPARTMENT OF THE ARMY PERMIT OMB APPROVAL NO. 0710-0003 (33 CFR 325) Expires December 31, 2004 The Public burden for this collection of information is sestimated to average 10 hours per response, although the majority of applications should requirt' 5 hours or less. This includes the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Department of Defense, Washington Headquarters Service Directorate of Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington, VA 22202-4302; and to the Office of Management and Budget, Paperwork Reduction Project (0710-0003), Washington, DC 20503. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. Please DO NOT RETURN your form to either of those addresses. Completed applications must be submitted to the District Engineer having jurisdiction over the location of the proposed activity. PRIVACY ACT STATEMENT Authorities: Rivers and Harbors Act, Section 10, 33 USC 403; Clean Water Act, Section 404, 33 USC 1344; Marine Protection , Research and Sanctuaries Act, 33 USC 1413, Section 103. Principal Purpose: Information provided on this form will be used in evaluating the application for a permit. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies. Submission of requested information is voluntary, however, if information is not provided the permit application cannot be evaluated nor can a permit be issued. One set of original drawings or good reproducible copies which show the location and character of the proposed activity must be attached to this application (see sample drawings and instructions) and be submitted to the District Engineer having jurisdiction over the location of the proposed activity. An application that is not completed in full will be returned. /ITEMS 1 T14RIJ d Tn RF Fn r Fn RV TUC cnvvci 1. APPLICATION NO IITFMS BFI nW Tn R-cFU LED BY eaol rcearn 5. APPLICANT'S NAME Asheville Regional Airport Authority 8. AUTHORIZED AGENT'S NAME AND TITLE Ian agent is not required) Attn: Mr. David N. Edwards, Jr. Carolina Wetland Services, Attn: Craig R. Wyant 6. APPLICANT'S ADDRESS 9. AGENT'S ADDRESS 61 Terminal Drive, Suite 1 550 East Westinghouse Boulevard Fletcher, NC 28732 Charlotte NC 28273 T. APPLICANT'S PHONE NOS. W/AREA CODE 10, AGENT'S PHONE NOS W/AREA CODE a. Residence _ a. Residence b. Business (828) 684-2226 I b. Business (704) 527-1177 cell: (704) 496-1696 11, STATEMENT OF AUTHORIZATION I hereby authorize, to act in my behalf as my agent in the processing of this application and to furnish, upon request, supplemental information in support of this permit application. Signed Agent Authorization Form Attached APPLICANT'S SIGNATURE DATE NAME, LOCATION AND DESCRIPTION OF PROJECT OR ACTIVITY 12. PROJECT NAME OR TITLE faeeinstructions: Asheville Regional Airport Northern Expansion '13. NAME OF WATERBODY, IF KNOWN &applicabiaj UT to French Broad River 15. LOCATION OF PROJECT Buncombe NC COUNTY STATE 14. PROJECT STREET ADDRESS afa , 61 Terminal Drive, Suite Fletcher, NC 28732 DMAY 6 2008 16. OTHER LOCATION DESCRIPTIONS, IF KNOWN, Iseeimtructlonsl DEyR - WATER LUNY ? AND STOROATER BRANCH 17. DIRECTIONS TO THE SITE From Asheville, Take Interstate 26 South to the NC 280 Exit (New Airport Road). Tum right (southwest) and follow signage into airport parking. Project site is located on the north side of existing hangars behind security fencing. FAA requires permission to enter this area from the Airport Director. 2. FIELD OFFICE CODE 13. DATE RECEIVED 4. DATE APPLICATION COMPLETE N OR 4345. Jul 97 C-11- r,1 ,._- 18. Nature of Activity (Description of project, include all features) The Asheville Regional Airport has a need to expand its development to meet the increased demand in the aviation industry. Due to the limited real estate for aviation use with access to both taxiway and runway facilities, and the boundary of the French Broad River, Interstate 26, and NC Route 280, this is the airports only remaining devel- opable land for aviation use. This project will satisfy a portion of the publicly approved 20 year master plan for the airport. It is the purpose of this project to provide service to economic development needs of Asheville Region and Buncombe County by providing airside access to airstrip and groundside access to four lane interstate with approximately 450,000 square feet of new ramp, apron and taxiway; approximately 200,000 new square feet of building and approximately 150,000 new square feet of roadway and parking. The project has been designed to satisfy the safety concerns of the FAA. See report for details. 19. Project Purpose (Describe the reason or purpose of the project, see instructions) The north expansion of the Asheville Regional Airport will provide for the surface area improvements necessary to accommodate ground side and air side general aviation (GA) purposes which have been identified as essential to the growing economic demand of the region. The facility must have both direct access to commercial airstrip and ground side access to four lane interstate. See report for details. USE BLOCKS 20-22 IF DREDGED AND/OR FILL MATERIAL IS TO BE DISCHARGED 20. Reason(s) for Discharge In order provide for the surface area improvements necessary to the northern expansion of the airport facility there will need to be fill placed to bring the development area up to grade. A pipe in the vicinity of the fill will be placed in order to carry the flow of an existing perennial stream and its side stream tributaries and wetlands 21. Type (s) of Material Being Discharged and the Amount of Each Type in Cubic Yards Fly ash (one of several coal combustion products, or CCPs) is the finely divided mineral residue resulting from the combustion of coal in electric generating plants. Fly ash consists of inorganic, incombustible matter present in the coal that has been fused during combustion into a glassy, amorphous structure. A geotextile liner will be placed beneath the fly ahs and a 24" soil cap will be placed above. 22. Surface Area in Acres of Wetlands or Other Waters Filled )see instructions) Impacts to Perennial Streams will total approximately 1,535 linear feet, impacts to wetland areas will total 0.359 acre and impacts to in- termittent streams will total 138 liner feet (0.008 acre) 23. Is Any Portion of the Work Already Complete? Yes No IF YES, DESCRIBE THE COMPLETED WORK Yes, wetland delineation has been completed and clearing and grubbing of the site outside of jurisdictional areas has been completed. 24. Addresses of Adjoining Property Owners, Lessees, Etc., Whose Property Adjoins the Waterbody (If more than can be entered here, please attach a supplemental list). List of Adjacent Property Owners Attached. 25. List of Other Certifications or Approvais/Denials Received from other Federal, State or Local Agencies for Work Described in This Application. AGENCY TYPE APPROVAL" IDENTIFICATION NuMRFR neTF eaPI Mn MA= *W -----------------•• •-•?. r... ?. ?.. __'1_-WVCU UM IG UCIVItU NCDENR Erosion and BUNCO-2007-013 N/A N/A N/A Sediment Control „ e av coning, UU11U1F19 dITO Tlooa plain permas 26. Application is hereby made for a permit or permits to authorize the work described in this application. I certify that the information in this appiication is complete and accurate. I further certify that I possess the authority to undertake the work described herein or am acting as the duly authorized agent of the applicant. SIGNATURE OF APPLICANT DATE SIGNATURE OF AGENT 5/l/2008 DATE The application must be signed by the person who desires to,undertake the proposed activity (applicant) or it may be signed by a duly authorized agent if the statement in block 11 has been filled out and signed. 18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up any trick, scheme, or disguises a material fact or makes any false, fictitious or fraudulent statements or representations or makes or uses any false writing or document knowing same to contain any false, fictitious or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years or both. REQUEST FOR JURISDICTIONAL DETERMINATION DATE: May 1, 2008 COUNTY Buncombe County, North Carolina TOTAL ACREAGE OF TRACT -33 acres PROJECT NAME (if applicable) Asheville Regional Airport Project PROPERTY OWNER/APPLICANT (name, address and phone): Asheville Regional Airport Authority P_OC: Mr. David N. Edwards, Jr. at (828) 684-2226 61 Terminal Drive. Suite 1 Fletcher. NC 28732 NAME OF CONSULTANT, ENGINEER, DEVELOPER (if applicable): Carolina Wetland Services, Inc. POC: Mr. Craig R. Wyant at (704) 527-1177 550 East Westinghouse Blvd. Charlotte. NC 28273 STATUS OF PROJECT (check one): ( ) On-going site work for development purposes ( X) Project in planning stages (Type of project: airport expansion ) ( ) No specific development planned at present ( ) Project already completed (Type of project: ) ADDITIONAL INFORMATION REQUIRED: Check items submitted - forward as much information as is available. At a minimum, the following first two items must be forwarded. (X) Vicinity Map (X) USGS 7.5' Skyland, NC Topographic Quadrangle (X) Buncombe County Soil Survey (X) Aerial Photograph (X) National Wetlands Inventory Map (X) FEMA Floodplain Map (X ) Buncombe County Zoning Map (X) Wetland Boundary Survey (X) Pre-Developed Drainage Map (X ) Alternatives Analysis (Sheets 10-12) (X) Typical Cross Section (X) Final Development Plan (Sheets 13-17) (X) Post-Developed Drainage Map (Sheets 18-20) (X ) Section 404 Individual Permit Application (ENG FORM 4345) (X ) Request for Jurisdictional Determination Form (X ) Agent Certification of Authorization Form (X ) USACE Routine Wetland Determination Data Forms (DP 1 - DP5) (X ) NCDWQ Stream Classification Forms (SCP1 - SCP7) (X ) USACE Stream Quality Assessment Worksheets (SCP1 - SCP7) (X ) Approved Jurisdictional Determination Forms (X ) Representative Photographs (A - H) (X ) Agency Correspondence (X) Letter from Asheville Chamber of Commerce (X) Adjoining Property Owners (X) Geosynthetic Clay Liner Installation Report (X ) Monitoring Well Installation and Monitoring Plan (X ) NCDWQ Stormwater Calculations C-1 oe Signature of Property Owner or Authorized Agent Mr. Craig R. Wyant Oct-22-2007 04:22pm From-ASHEVILLE REGIONAL AIRPORT ALITH, +8286843404 T-865 P.002/002 F-582 AGENT CERTIFICATION OF AUTHORIZATION I, David N. Edwards, Jr., A.A.E. Airport Director for the Asheville Regional Airport Authority certify that I have authorized Craig R. Wyant of Carolina Wetland Services, Inc. to act on my behalf and take all actions necessary to the processing, issuance, and acceptance of the Section 404/401 Individual Permit and any and all standard and special conditions attached for the Asheville Regional Airport Authority - North General Aviation Expansion Project. We hereby certify that the above information submitted in this application is true and accurate to the best of our knowledge. i Applicant's signature lleQ,l /2 L Zlv 7 Date Agent's signature 10/22/07 Date Completion of this form will allow the agent to sign all future application correspondence. DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Asheville Regional Airport Project Date: 06/12/07 Applicant/Owner: Asheville Regional Airport Authority County: Buncombe Investigator(s): Matt Jenkins, WPIT and Paul Bright State: NC Do Normal Circumstances exist on the site? Yes No Community ID: upland Is the site significantly disturbed (atypical Situation)? Yes No Transect ID: !s .. -a a rea ; ct rtial bie17 :`.rea' io J Ct ?? (lt needed, explain on re+/erse.j ? I VEGETATION Dominant Plant S ecies 1 Polystichum acrostichoides Stratum Indicator herb FAC Dominant Plant Species Stratum Indicator 9 2 Osmunda cinnamomea herb FACW+ 10 3 Juncus effusus herb FACW+ 11 4 Impatiens capensis herb FACW 12 5 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant plant s pecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: N/A (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: No indicators of wetland hydrology are resent. Routine On-Site Data Forms Page 1 of 2 10/22/2007 SOILS Map Unit Name (Series and Phase): Tate loam, 2 to 8 percent slopes ( TaB) Drainage Class well-drained Field Observations Taxonomy (Subgroup): mesic T is Ha ludults Confirm Mapped Type? Yes No Profile Descriotion: crtri au'i,..?iCr 9vC?i:. .,JIG75 i?/10'Cilc -.XIW"e, JI ?[ICCB. (inches) -ionzon (Munsell Moist) ;Munsell Moist) ,abundance/Contrast Structure, etc. 0-12 B 2.5Y 4/2 N/A N/A silt loam 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 (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: No indicators of h dric soils are resent. WETLAND DETERMINATION Hydrophytic Vegetation Present? Ye No (Circle) Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a non-jurisdictional upland area. 1 11 Approved by HQUSACE 2/92 Routine On-Site Data Forms Page 2 of 2 10/22/2007 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Asheville Regional Airport Project Date: 06/12/07 Applicant/Owner: Asheville Regional Airport Authority County: Buncombe Investigator(s): Matt Jenkins, WPIT and Paul Bright State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: pa ' Is area a poterval DbleM Ar _. _ p T ;i?.. Jy= i If needed, exQiain on reverse.) i VEGETATION Dominant Plant Species Stratum Indicator Dominant Plant Species Stratum Indicator 1 Cornus amomum shrub FACW+ 9 2 Poiystichum acrostichoides herb FAC 10 3 Osmunda cinnamomea herb FACW+ 11 4 Juncus effusus herb FACW+ 12 5 Impatiens eapensis herb FACW 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: All of the dominant plant sp ecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _-Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) _- Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are resent. Routine On-Site Data Forms Page 1 of 2 10/22/2007 SOILS Map Unit Name (Series and Phase): Tate loam, 2 to 8 percent slopes ( TaB) Drainage Class well-drained Field Observations Taxonomy (Subgroup): mesic T is Ha ludults Confirm Mapped Type? Yes No Profile Descriotion: ti cote ie?,s. (inches) Horizon (Munsell Moist Munsell Moisi) AoundanceiContrast Strumure, etc- 0-12 B 2.5Y 4/1 5YR 4/6 few/distinct silt loam 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 (Inclusions) Reducing Conditions Listed on National Hydric Soils List -? Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of h dric soils are resent. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Yes No Remarks: Data point is representative of a jurisdictional wetland area. 1 11 Approved by HQUSACE 2192 Routine On-Site Data Forms Page 2 of 2 10/22/2007 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Asheville Regional Airport Project Date: 06/12/07 Applicant/Owner: Asheville Regional Airport Authority County: Buncombe Investigator(s): Matt Jenkins, WPIT and Paul Bright State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP3 If needed, explain on reverse.) VEGETATION Dominant Plant S ecies 1 Acer rubrum Stratum Indicator tree FAC Dominant Plant Species Stratum Indicator 9 2 Carpinus caroliniana tree FAC 10 3 Alnusserrulata tree FACW 11 4 Juncus effusus herb FACW+ 12 5 Carex spp. herb * 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: ' Please note this species was not identified to species and was therefore excluded from the FAC-Neutral test. 1AH of the dominant plant species are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: Inundated _ Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) ?- Drainage Patterns in Wetlands Depth of Surface Water: N/A (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: <12 (in.) ?-FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland h drolo are resent. Routine On-Site Data Forms Page 1 of 2 10/22/2007 SOILS Map Unit Name (Series and Phase): Tate loam. 2 to 8 percent slopes ( TaB) Drainage Class well-drained Field Observations Taxonomy (Subgroup): mesic T is Ha ludults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 B 2.5Y 4/1 5YR 4/6 few/distinct silt loam 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 (Inclusions) Reducing Conditions Listed on National Hydric Soils List -? Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of h dric soils are resent. WETLAND DETERMINATION Hydrophytic Vegetation Present? 7Ye No (Circle Wetland Hydrology Present? No (Circle) Hydric Soils Present? No Is this Sampling Point Within a Wetland? Ye No Remarks: Data point is representative of a 'urisdictional wetland area. Approved by HQUSACE 2/92 Routine On-Site Data Forms Page 2 of 2 10/22/2007 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Asheville Regional Airport Project Date: 06/12/07 Applicant/Owner: Asheville Regional Airport Authority County: Buncombe Investigator(s): Matt Jenkins, WPIT and Paul Bright State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DP4 (If needed, explain on reverse.) VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant Species Stratum Indicator 1 Nyssa sylvatica tree FAC 9 2 Salix nigra tree OBL 10 3 Carpinus caroliniana tree FAC 11 4 Cornus amomum shrub FACW+ 12 5 Boehmeria cylindrica herb FACW+ 13 6 Carex spp. herb * 14 7 Juncus effusus herb FACW+ 15 8 Impatiens capensis herb FACW 16 Percent of Dominant Species that are OBL, FACW or FAC 100% Remarks: * Please note this species was not identified to species and was therefore excluded from the FAC-Neutral test. All of the dominant plant species are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: X Inundated -Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) Drainage Patterns in Wetlands Depth of Surface Water: 0-2 (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: >12 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are resent. Routine On-Site Data Forms Page 1 of 2 10/2212007 SOILS Map Unit Name [ es and Phase): Tate loam, 2 to 8 percent slopes ( TaB) Drainage Class well-drained Field Observations nomy (Subgroup): mesic T is Ha ludults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munseil Moist) Abundance/Contrast Structure, etc. 0-12 B 10YR 4/1 N/A N/A silt loam 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 (Inclusions) Reducing Conditions Listed on National Hydric Soils List -? Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of h dric soils are resent. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Ye No Remarks: Data point is representative of a jurisdictional wetland area. Approved by HQUSACE 2192 Routine On-Site Data Forms Page 2 of 2 10/22/2007 DATA FORM ROUTINE WETLAND DETERMINATION (1987 COE Wetlands Delineation Manual) Project/Site: Asheville Regional Airport Project Date: 03/12/08 Applicant/Owner: Asheville Regional Airport Authority County: Buncombe Investigator(s): Ron Johnson, PWS and Thomas Blackwell State: NC Do Normal Circumstances exist on the site? Yes No Community ID: wetland Is the site significantly disturbed (Atypical Situation)? Yes No Transect ID: Is the area a potential Problem Area? Yes No Plot ID: DPS If needed, explain on reverse.) VEGETATION Dominant Plant S ecies Stratum Indicator Dominant Plant Species Stratum Indicator 1 Juncus effusus herb FACW+ 9 2 Carex spp. herb * 10 3 Ligustrum sinense shrub FAC 11 4 12 5 13 6 14 7 15 8 16 Percent of Dominant Species that are OBL, FACW or FAC 66% Remarks: ' Please note this species was not identified to species and was therefore excluded from the FAC-Neutral test. Greater than 50% of dominantsp ecies are FAC or wetter. HYDROLOGY Recorded Data (Describe in remarks): Stream, Lake or Tide Gauge Aerial Photographs Other X No Recorded Data Available Wetland Hydrology Indicators: Primary Indicators: X Inundated Saturated in Upper 12 Inches Water Marks Drift Lines Field Observations: Sediment Deposits (on leaves) ?- Drainage Patterns in Wetlands Depth of Surface Water: 0-2 (in.) Secondary Indicators (2 or more required): Oxidized Root Channels in Upper 12 Inches Depth to Free Water in Pit: N/A (in.) Water-Stained Leaves Local Soil Survey Data Depth to Saturated Soil: 0 (in.) FAC-Neutral Test Other (Explain in Remarks) Remarks: Indicators of wetland hydrology are resent. Routine On-Site Data Forms Page 1 of 2 5/1/2008 SOILS Map Unit Name (Series and Phase): Tate loam, 2 to 8 percent slopes ( TaB) Drainage Class well-drained Field Observations Taxonomy (Subgroup): mesic T is Ha ludults Confirm Mapped Type? Yes No Profile Description: Depth Matrix Color Mottle Colors Mottle Texture, Concretions, (inches) Horizon (Munsell Moistl (Munsell Moist) Abundance/Contrast Structure, etc. 0-12 B 2.5Y 4/2 7.5YR 5/6 many/distinct silt loam 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 (Inclusions) Reducing Conditions Listed on National Hydric Soils List Gleyed or Low-Chroma Colors Other (Explain in Remarks) Remarks: Indicators of h dric soils are resent. WETLAND DETERMINATION Hydrophytic Vegetation Present? Yes No (Circle) Wetland Hydrology Present? Yes No (Circle) Hydric Soils Present? Yes No Is this Sampling Point Within a Wetland? Ye No Remarks: Data point is representative of a 'urisdictional wetland area. Approved by HQUSACE 2/92 Routine On-Site Data Forms Page 2 Of 2 5/1/2008 North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 06/12/2007 Projectheville Regional Airport Project Latitude: N35.44543° Evaluator: AlL j & pAB site: SCP1 Longitude: W82,54094° Total Points: Other Perennial Stream A Stream is at feast interrrlittent County ' if? 18 or perennial if>_ 30 3 O ' Buncombe e.g. Quad Name: A. Geomorphology (Subtotal = 15.5 f Absent Weak Moderate Strang 1 a. Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 2.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 2.0 0 1 2 3 4. Soil texture or stream substrate sorting 2.0 0 1 2 3 5. Active relic floodplain 1.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 1.0 0 1 2 3 10. Headcuts 2.0 0 1 2 3 11. Grade controls 1.5 0 0.5 1 1.5 12. Natural valley or drainageway 0.0 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0.0 No= 0 Yes= 3 man-made ditches are not rated: see discussions in manual B Hvrirnlnnv (Silhtntal = 9.0 1 14. Groundwater flow/discharge 2.0 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- dry or growing season 2.0 0 1 2 3 16_ Leaflitter 1.5 1.5 1 0.5 0 17. Sediment on plants or debris 1.0 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5 19. Hydric soils (redcximorphic features) present?1.5 No = 0 Yes = 1.5 C_ Bioloov (Subtotal = 9.00 1 20b. Fibrous roots in channel 3.0 3 2 1 0 21 b. Rooted plants in channel 3.0 3 2 _ 1 0 22. Crayfish 0.0 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 1.5 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 0 0.5 1 1.5 27. Filamentous algae; periphyton 1.0 0 1 2 3 28. Iron oxidizing bacteriatfungus. 0.0 0 0.5 1 1.5 29b . Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 gems .4u ana ci Focus on ine presence or upland plants, item 29 focuses on the presence of aquatic or+rretland plants. Sketch: Notes: (use back side of this form for additional notes.) North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 06/12/2007 Prof ectheville Regional Airport Project Latitude: N35.44543° Evaluator: MLJ & PAB Site: SCP2 Longitude: W82,54094° Total Points: Other Perennial Stream A Stream is at feast intermittenf 6 0 County: if a 19 or perennial if ? 30 3•5 Buncombe e.g. Quad Name. A. Geomorphology (Subtotal = 17.5 } Absent' Weak Moderate Strong 1 3 Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 3.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 2.0 0 1 2 3 4. Soil texture or stream substrate sorting 2.0 0 1 2 3 5. Active/relicfloodplain 2.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 1.0 0 1 _ 2 3 10. Headcuts 2.0 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainageway 1.0 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0.0 No = 0 Yes= 3 Man-made ditches are not rated; see discussions in manual B. Hvdroloov (Subtotal = 9.5 1 14. Groundwater flovddischarge 3.0 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or growing season 2.0 0 1 2 3 16. Leaflitter 1.0 1.5 1 0.5 0 17. Sediment on plants or debris 1.0 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes = 1.5 C. Bioloav (Subtotal = 9.50 1 20°. Fibrous roots in channel 3.0 3 2 1 0 21". Rooted plants in channel 3.0 3 2 1 0 22. Crayfish 0.0 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 1.0 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 0 0.5 1 1.5 27. Filamentous algae: periphyton 2.0 0 1 2 3 28. Iron oxidizing bacterialfungus. 0.0 0 0.5 1 1.5 295 Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 items Lu ana .?l locus on the presence of upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: fuse back side of this form for additional notes.) North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 06/12/2007 Projectheviue Regional Airport Project Latitude: N35.44543° Evaluator: NM J & PAB Site: SCP3 Longitude: W82,54094° Total Points: Other Perennial Stream A Stream is at feast intermittent County: if? 19 or perennial if? 307 35.50 Buncombe a-g- Quad Name: A. Geomorphology (subtotal = 17.5 Absent Weak Moderate Strong 13. Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 3.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 2.0 0 1 2 3 4. Soil texture or stream substrate sorting 2.0 0 1 2 3 5. Active/relic floodplain 2.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 1.0 0 1 2 3 10. Headcuts 2.0 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainageway 1.0 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or N RCS map or other documented evidence. 0.0 No = 0 Yes= 3 swan-mace aitcnes are not rates; see aiscussions in manual B. Hvdroloov (Subtotal = 9.5 1 14. Groundwater flow/discharge 3.0 0 1 22 3 1 S. Water in channel and n 48 hrs since rain, or Water in channel -- d or rowin season 2.0 0 1 : 3 16. Leaflitter 1.0 1.5 1 r 5 0 17. Sediment on plants or debris 1.0 0 0.5 1.5 18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes = 1.5 C. Bioloav (Subtotal = 8.50 1 20b. Fibrous roots in channel 3.0 3 2 1 0 21 b. Rooted plants in channel 3.0 3 2 1 0 22. Crayfish 0.0 0 0.5 1 _ 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 1.0 0 0.5 1 1.5 25. Amphibians 1.0 0 0.5 1 1.5 26. Macrcbenthos (note diversity and abundance) 0.5 0 0.5 1 1.5 27. Filamentous algae: periphyton 0.0 0 1 2 3 28. Iron oxidizing bacteria/fungus. 0.0 0 0.5 1 1.5 29 b. Wetland plants in streambed .. 0.00 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0: Other = 0 nonM sV ciuu z 1 iuuus on me presence or upiana plants, item 29 tocuses on the presence of aquatic or+eretland plants. Notes: (use back side of this form for additional notes.) Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 06/12/2007 Projec;;heville%*ooalAirport project Latitude: N35.44543° Evaluator: N,J & pAB site: SCP4 Longitude: W82.54094° Total Points: Other Unimportant Intermittent Stream rs at Last l lfn> trni 3d tfenf 23•50 county: if ? 49 or perennial Buncombe e.g. Quad Name: Stream B A. Geomorphology (Subtotal = 13.0 Absent Weak Moderate Strong 13. Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 2.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 1.0 0 1 2 3 4. Soil texture or stream substrate sorting 2.0 0 1 2 3 5. Active relic floodplain 1.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 0.0 0 1 2 3 10. Headcuts 2.0 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainageway 0.5 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or MRCS map or other documented evidence. 0.0 No = o Yes= 3 Man-made ditches are not rated; see disCUSSicnS in manual B. Hvdroloav (Subtotal = 4.5 1 14. Groundwater flow/discharge 1.0 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or growing season 0.0 0 1 2 3 16. Leaflitter 1.0 1.5 1 0.5 0 17. Sediment on plants or debris 0.5 0 0.5 1 _ 1.5 18. Organic debris lines or piles (Wrack lines) 0.5 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes= 1.5 C. Bioloav (Subtotal = 6.00 l 20b. Fibrous roots in channel 3.0 3 2 1 0 21 b. Rooted plants in channel 3.0 3 2 1 0 22. Crayfish 0.0 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 0.0 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.0 0 0.5 1 1.5 27. Filamentous algae: periphyton 0.0 0 1 2 3 28. Iron oxidizing bacteriatfungus. 0.0 0 0.5 1 1.5 29b. Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 gems 1v ana ci rocus on ine presence or upland plants, item 29 focuses on the presence of aquatic or wetland plants. Notes: (use back side of this form for additional n 6 Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 06/12/2007 Proleotheville Regional Airport Project Latitude: N35.44543° Evaluator: N ffij & pA.B Site: SCP5 Longitude: W82,54094° Total Points: Other Perennial Stream C Stream is at least intermitfenf County if>_ 19 or perennial if? 307 30.00 • Buncombe e.g. Quad Name: A. Geomorphology (Subtotal = 14.0 ) Absent Weak Moderate Strong 13. Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 1.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 2.0 0 1 2 3 4. Soil texture or stream substrate sorting 2.0 0 1 2 3 5. Active/relic floodplain 2.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 1.0 0 1 2 3 10. Headcuts 1.0 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainageway 0.5 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or MRCS map or other documented evidence. 0.0 No= 0 Yes= 3 Ivan-mane uitcnes are not rates: see aiscussions in manual B. Hvdroloav (Subtotal = 8.5 1 14. Groundwater flow/discharge 2.0 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- dry or growing season 2.0 0 1 2 3 15. Leaflitter 1.5 1.5 1 0.5 0 17. Sediment on plants or debris 0.5 0 0.5 1 1.5 1 S. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes = 1.5 C. Bioloov (Subtotal = 7.50 ) 20b. Fibrous roots in channel 3.0 3 2 1 0 21 b. Rooted plants in channel 3.0 3 2 1 0 22. Crayfish 0.0 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 0.5 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 0 0.5 1 1.5 27. Filamentous algae: periphyton 0.0 0 1 2 3 28. Iron oxidizing bacteriatfungus. 0.5 0 0.5 1 1.5 29 b. Wetland plants in streambed 0.00 FAC = 0.5: FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 gems <u ana 21 focus on ine presence or upland plants, Item 29 focuses on the presence of aquatic or Nvetland plants. Notes: (use back side of th is form for additional notes.) S, Sketch: North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 Date: 03/12/2008 Profectheville Regional Airport Project Latitude: N35.44543° Evaluator: TJB & RGJ Site: SCP6 Longitude: W82.54094° Total Points: Unimportant Intermittent Stream is at least internrtfent Court Other if? 19 or perennial if? 30 22.50 ty' Buncombe e.g. Quad Name: Stream D A. Geomomholoav (Subtotal = 12.0 ) I Absent I vthak __FM&Ai rate st_ ,nnn 13. Continuous bed and bank 2.0 0 1 2 3 2. Sinuosity 2.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 1.0 0 1 2 3 4. Soil texture or stream substrate sorting 1.0 0 1 2 3 5. Active/relic floodplain 1.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 0.0 0 1 2 3 10. Headcuts 2.0 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainageNray 0.5 0 0.5 1 1.5 13. Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0.0 NO= 0 Yes= 3 man-mace altcnes are not rates; see alscusslons in manual B. Hvdroloav (Subtotal= 4.5 1 14. Groundwater floWdischarge 1.0 0 1 2 3 15. Water in channel and > 48 hrs since rain, or Water in channel -- d or growing season 0.0 0 1 2 3 15. Leaflitter 1.0 1.5 1 0.5 0 17. Sediment on plants or debris 0.5 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 0.5 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes = 1.5 C. Bioloav (Subtotal = 6.00 1 20b. Fibrous roots in channel 3.0 3 2 1 0 21 b. Rooted plants in channel 3.0 3 2 1 0 22. Crayfish 0.0 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 0.0 0 0.5 1 1.5 26. Macrobenthcs (note diversity and abundance) 0.0 0 0.5 1 1.5 27. Filamentous algae: periphyton 0.0 0 1 2 3 28. Iron oxidizing bacteriatfungus. 0.0 0 0.5 1 1.5 29b. Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0 items Gu ana . "i Locus on the presence or upland plants, Item 29 focuses on the presence of aquatic or wetland plants. Sketch: Notes: fuse backside of this form for additional notes.) North Carolina Division of Water Quality - Stream Identification Form; Version 3.1 I Date: 03/12/2008 Projoc hevilleRegionalAirport Project Latitude: N35.44543° Evaluator: TJB & RGJ Site: SCP7 Longitude: W82.54094° Total Points: Other Perennial Stream E Stream is at least interrnitfent County" if? 19 or perennial if? 30 A0 Buncombe e.g. QuaoName: A. Geomorphology (Subtotal = 13.9____) Absent J Weak Moderate Strong 13. Continuous bed and bank 2.0 - 0 . 1 2 3 2. Sinuosity 1.0 0 1 2 3 3. In-channel structure: riffle-pool sequence 1.0 0 1 2 3 4. Soil texture or stream substrate sorting 2.0 0 1 2 3 5. Active/relic floodplain 2.0 0 1 2 3 6. Depositional bars or benches 1.0 0 1 2 3 7. Braided channel 0.0 0 1 2 3 8. Recent alluvial deposits 1.0 0 1 2 3 9 a Natural levees 1.0 0 1 2 3 10. Headcuts 1.0 0 1 2 3 11. Grade controls 0.5 0 0.5 1 1.5 12. Natural valley or drainagewray 0,5 0 0.5 1 1.5 13_ Second or greater order channel on existing USGS or NRCS map or other documented evidence. 0.0 No = 0 Yes= 3 Man-maue altenes are not races: see alscusslons in manual B Hvdrnlnrnr fSuhtntal = R_5 1 14. Groundwater flow/discharge 2.0 0 1 2 3 15_ Water in channel and > 48 hrs since rain, or Water in channel -- diry or growiN_season _ 2.0 0 1 2 3 16. Leaflitter 1.5 1.5 1 0.5 0 17. Sediment on plants or debris 0.5 0 0.5 1 1.5 18. Organic debris lines or piles (Wrack lines) 1.0 0 0.5 1 1.5 19. Hydric soils (redoximorphic features) present?1.5 No = 0 Yes= 1.5 C. Bioloov (Subtotal = 8-50 1 20b. Fibrous roots in channel 3,0 3 2 1 0 21 . Rooted plants in channel 3,0 3 2 1 0 22. Crayfish 0,0 0 0.5 1 1.5 23. Bivalves 0.0 0 1 2 3 24. Fish 0.0 0 0.5 1 1.5 25. Amphibians 0.5 0 0.5 1 1.5 26. Macrobenthos (note diversity and abundance) 0.5 0 0.5 1 1.5 27. Filamentous algae: periphyton 1.0 0 1 2 3 28. Iron oxidizing bacterialfungus. 0.5 0 0.5 1 1.5 29 . Wetland plants in streambed 0.00 FAC = 0.5; FACW = 0.75: QBL = 1.5 SAV = 2.0; Other = 0 R61I1, tV anu L I IVW, VIl Lfle pIC,CnGe ut upland plants, item Ly rocuses on the presence of aquatic or wetland plants. Notes: (use back side of this form fordditional notes.) 0Y Sketch: OFFICE USE ONLY: USACE AID# DWQ # SCP1 - Perennial Stream A Ell STREAM QUALITY ASSESSMENT WORKSHEET 1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Matt Jenkins and Paul Bright 3. Date of Evaluation: 6/12/07 4. Time of Evaluation: 12:00 pm 5. Name of Stream: UT to Broad River 6. River Basin: Broad ?. Approximate Drainage Area: 65 acres S. Stream Order: First ;um--: uncombe 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (1-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel annroximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Airport / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280. Travel approximately 0.2 mile and turn right onto General Aviation Drive. Travel approximately 0.3 mile and the site will be straight ahead. 12. Site Coordinates (if known): N35.445430. W82.54094° 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time of visit: sunny 80 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? (a) NO 19. Does channel appear on USDA Soil Survey? GD NO 20. Estimated Watershed Land Use: _% Residential 40 % Commercial _% Industrial _% Agricultural 10 % Forested 50 % Cleared? Logged _% Other ( ) 21. Bankfull Width: 4-5' 22. Bank Height (from bed to top of bank) 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 49 Comments: Evaluator's Signature (D Date This channel evaluation form is intend to be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCPI - Perennial Stream A t CQ? T'R 'IG `r4 . . C T k r?CTERI fii Presenceof flow / persistent. pools in stream i (no flow or saturation - 0; strong ilow = max points) 0-5 0-4 0-5 3 2 ! Evidence of past human. alteration (extensi??e alteration - 0-. no alteration- inax points) 0 5 0. 2 Riparian zone E (no buffer = 0: continuous, wide buffer = max points) 0>- ° 0 i ` 0-5 0 l? videnc? of nutrient or chemical dischar-2S !5, .tar?-,es - U; no fsehanze:; - i?1,1?: ncunrs; d - )- 4 - Groundwater discharge (no dischar?-,e - 0; s rings, seeps, ???edands, etc. may oink}- U -4 3 ? ` ? .., 6 Presence of adjacent floodplain %;r (no flood lain 0;: extensive tloo lam -= max points) 0--4 0-4. ? 2 " Entrenchment / floodplain access (deep lv entrenched ,= 0 fre cent doodintr =may oiurs) Presence of adjacentwetlands I (no wetlands = O: large adjacent wetlands --max omts) 0-6 0 : 0 9 Channel sinuosity . 0-5 0 3 (extensive channelization = 0-, natural meander - max ointsl ' 10 Sediment input 0 S r' 0 4 F = 0 4 ° 3 (extensive de ositiorr= 0: little or no sediment 'max oint . . Size & diversity of channel bed substrate r 1 I finer homogenous = 0 large, diverse sizes,- max points) '. ' :. 0 Q, 5 . <, - ... . 3 Evidence of channel incision or, widening 2 , (deeply incised 0; stable bed & bamks inax points). t? 13. .' : Prose.nce.ofm;ijorbanl:failures a • -. Y. -. is .. .. E (severe erosion = 0; no erosian, stzble banks = max omts , 0 - 5- 0 5 l4 3 ?. 14 Root depth and, density; on,babks- v ' ?• (n1wvisible roots - Oi dense roots throughout- max oints)` 0 -3 5 0 2 15 Tmpact:by agriculture or livestock production ; 5 0 4% ? - (substantial itnact.=0; no evidence- max oin , ,'... 16 Presence of riffle.-poolfripple-pool complexes p 0-3- O E1=E 4 (no,iifileshi les or oots - 0. well-dm-loped = max P oints ?1 - w, 1 Habitat complexity,- 6 - f (little or no habitat 0;, frequent, varied habitats - nrrx points) O 4 b 6 l 3 ` I s Canopy coverage aver'streambed 0 S r 0 5_ 0- 0 (no shading ve etatiorr'- 0: continuous canopy- max points) s l 4 Substrate embeddedness R (deeply embedded = 0; loose structure= max} 0 - 4.., 0-4 2 ?0 Presence! of stream invertebrates 0-4 0 5"", ' ; 0:- 5' 2 (nn evidence = 0; common, numerous types max, points) , , . I Presence of amphibians 0--4 .. r= , 0 4, G1" 4 3 C no evidences= 0; comrnorr- namerous iypes.?= maxi ointsl ' _, 27 Presence of fish .4 fl 0 4 0 (no evidence - 0: common, numerous types - max points Evidence of wildlife use 1 a. ? ' 23, . (no evidence = 0 abundant evidence- max ointsp. _ 5t 0- 0 I b. ? 1x . 'S" 'L-+-b1'Ab '+L? ? ? ? Y` ? f 3s? y? 4 n•? ? ? r, 'Cz 1r! 1hN. -0y?,j ?y7'?,?, 'pr'?i<?' •? }?c. J `. Y # ? ? i 1 .. < y x ?C?ri ?SC? 49 * "These characteristics are not assessed in coastal streams. OFFICE USE ONLY: USACE AID# DWQ # SCP2 - Perennial Stream A STREAM QUALITY ASSESSMENT WORKSHEET M a'1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Matt Jenkins and Paul Bright 3. Date of Evaluation: 6/12/07 4. Time of Evaluation: 12:30 pm 5. Name of Stream: UT to Broad River 6. River Basin: Broad 7. Approximate Drainage Area: 65 acres 8. Stream Order: First 9. Length of Reach Evaluated: 200 if 10. County: Buncombe 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (I-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel approximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Airport / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280. Travel approximately 0.2 mile and turn right onto General Aviation Drive. Travel approximately 0.3 mile and the site will be straight ahead. 12. Site Coordinates (if known): N35.445430W82.54094° 13. Proposed Channel Work (if any): 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time of visit: sunnv 80 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YE NO 19. Does channel appear on USDA Soil Survey? (D NO 20. Estimated Watershed Land Use: _% Residential 40 % Commercial _% Industrial _% Agricultural 10 % Forested 50 % Cleared / Logged _% Other ( ) 21. Bankfull Width: 4-5' 22. Bank Height (from bed to top of bank): 4-5' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (> 10%) 24. Channel Sinuosity: Straight -Occasional Bends X -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 51 Comments: J Evaluator's Signature ? ,o Date _> This channel evaluation form is intendeet0e used only as a guide to assist landowners and environmental professionals in gathering the data required by the Unite States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP2 - Perennial Stream A 1 CHARACTIUMSTICS': ECOREGI ? ' E x r S +?RT ~ C Presence of flow / persistent pools in stream: ` t (no frow or saturation = 0: strong flow = max points) 0-5 0 4 4 Evidence of past human alteration ' ' 2 (extensive alterati(M - 0 no alteration - max points) 0-6 0-5. -? 2 Riparian zone ' 3 (no buffer= 0: conti?Luons, widebuffer = max points) 0-6 0-4 0 5;' 0 ( Evidence of nutrient or chemical discharges estenai?-e dischar es 0: no dischart;es- nias (lints) 0- 5 0--4 04 3 Groundwater discharge; 5 (no dischar(ie = 0; s nnseeps, wetlands, etc_ - max points) 0-3 0-4 0-4- 3 6 L Presence of adjacent floodplaht ` . (no flood lain - 0_ extensive flood lain = max pints) 0-4 0-4, 0 2 2 ' Entrenchment/ floodplain access ` (deeply entrenched = 0; fie uent floodui =max oinGS)' 0 5 0-4 0 - 2 2 Presence of adjacent wetlands ' ' (Ro wetlands _ 0:1ar(e adjacent wetlands = max points) 0- 6 (Y 2 0 Channel sinuosity (exren ive channelizanon = 0; nattual meander= max (lints) 10 Sediment input ' (extensive deposition O, little or no sediment max points) 0 ; D 4:? 0 - 4 3 Size & diversity of channel bed substrate ' t 1 (fine, homoQenOLIS -- 0; large, diverse sizes= max points), NW" IK , 0_4 ?- 5 3 l2 Evidence of channel incision or widening (deeply incised - 0; stable bed & banks = max points) 0-5 ?a-4,. 5- 2 E°. 13 Presence of major bank failures ' " =. (severe erosion 0; no erosion, stable banks = max: oints) 0 - 5 0 5' 0._ ti 3 j i4 Root depth, and density on banks ' ' ' p E? (no visible roots 0 dense roots throughout =ma.? points), 0-3 Oi d fl i N ,. _ . 3 t5 Impact by agriculture or livestock production ? '. (substantial impact-0; no evidence = max Points) 0-5 Q• 4 5 0 4 Presence of riffle-pool/ripple-pool complexes 16 (no riffles/Tipples or ools - 0: well-develo ed = max points)-- 0-3 0 5. _ _ (7> f ` 4 ii Habitat complexitX - - 6 F (little orna habitat - O; Cre uent; varied babit=- max oints), d 4 6 ? 3 p Canopy coverage over streambed y (no shading vegetation 0: continuous canopy = inax pmts) 0-5 D-- 5 0 5• 0 l9 Substrate embeddedness . ? (deeply embedded=0;loose structure mix) Kl? -". .0:-4' 0- f 3 ?(l 2 Presence of stream, invertebrates 0 (no evidence = 0; common- numerous es - max oints) -4 a-5 0-d' 2 Presence of amphibians _ (no evidence - 0, common: numerous esmax oints) Presence of fish (no evidence 0; common, numerous e , , ty max oints) o 4 0 4 0;-4? 0 Evidence of wildlife, use 2 3 ?- (no evidence= 0; abundant evidence- max rots). 0-6 d 5- .' 0 5< 0 x sTota)'t?urts'ssatle :f? .,. ! ? ` L? .pb ? _ +? ? .r1'i n4f.{• '3i„" 3 `?'? { •iF..{? Yt, sl TTALtSCk'C?c? ?tteTy a e / k 51 Ti l . cry;: t' t nese cnaractenstucs are not assessed m coastal streams. 3 OFFICE USE ONLY: USACE AID# DWQ # SCP3 - Perennial Stream A ,. ; STREAM QUALITY ASSESSMENT WORKSHEET ` 1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Matt Jenkins and Paul Bright 3. Date of Evaluation: 6/12/07 5. Name of Stream: UT to Broad River 7. Approximate Drainage Area: 65 acres 110D 4. Time of Evaluation: 1:00 pm 6. River Basin: Broad 8. Stream Order: First 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (I-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel approximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Aimort / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280 Travel approximately 0.2 mile and turn right onto General Aviation Drive Travel approximately 0.3 mile and the site will be straight ahead 12. Site Coordinates (if known): N35.44543°, W82.54094° 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time of visit:- sunny 80 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? Q NO 19. Does channel appear on USDA Soil Survey? (D NO 20. Estimated Watershed Land Use: _% Residential 40 % Commercial _% Industrial _% Agricultural 10 % Forested 50 % Cleared / Logged _% Other ( ) 21. Bankfull Width: 4-5' 22. Bank Height (from bed to top of bank): 4-5' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to' 10%) -Steep (>10%) 24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 53 Comments: Evaluator's Signature Date ?! This channel evaluation form is intended o be used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP3 - Perennial Stream A # E ERISI ff tt OR G tO ' - ? LCSr :??oatstai:" a a ... erfj'ono???j r a Presence of flow !persistent pools in stream: l (no flow or saturation = 0: stron,- flow = max points') 0 ?} _ 0-5- 4 r Evidence of past human alteration 2 I exrensive alteration -' 0; no alteratlotl -- max oc)ints) 0--b 0 S 0--5 2 Rip lrlan ZOlle _ ktlu Ubuti'er U, ?oiiu1 uous,. Wiar_ budl i'= inax pututs) -t, t 04 O 0 i F- videnc? of nutrient or chemical dischlr-es (extensi?-? d,?c.har-cs = 0: nc litchat ccs - mi, potnts) 0 0_4 Groundwater discharge 0-3 0-4 3 (no discharge = 0; s rues, seep,). .cetllands. ctc_ max points) ` Presence of adjacent floodplain 4 ?` d (no:tlood lain Q; extensive flood-lain = max points) 0 - 4 G- 4 `. - 0-.2 2 Entrenchment I floodplain access 0 2 (deeply entrenched`.= 0; fie uent tlooding = may Dints)- ' Presence of adjacentwetlands? j 0 6 Q: 0'- 2' 0 (no wedands - 0; hxe ad acent wetlands = max points) ? Channelsinuosity - 5 0 v 3 x (extensive channelization = 0; natw-al meander= max points) ` 10 Sediment input 0 5 0 >' 0 .4 3 (extensive d osition-= O little or no sediment - magic points) . f Size & diversity,of channel bed, substrate " : fine, homogenous = 0; lar,-e, diverse sizes = max oiinL- ) (i ?i 5; 3 Evidence of channel: incision or widening, (dee ly, incised 0:' stable; bed & banks - max Dints a - , ' o 5a, fi 2 p . . ; . .. 13 Presence of major bank failures } t ' (severe erosiOIL= 0, no erosion stable banks= max 'Dints} 0 T 5 ? ? ? ?. ? 5 3 Y I4 R'ootdepth and density on banks air , (no visible roots a: dense roots throughout - max. amts). _ 3 p ;' 0 = 3 15' Impact by agriculture or livestock production :0 4* Q 4 (substantial impact=O-, no evidence- max points) !_ ^ ....„ ; 16 Presence of riffle-pool/ripple-pool complexes, © d u 4 no roes/ripples or ools = o; well-developed - mac' rots ,' & ' 17' Elabitat complexity. ' 0-6 0 (y 6` 3 (little or no habitat.- Or, 1 e uent, varied habitats mat points) " : l Canopy coverage: ooer-streambed ' 0 - S a -5t` 0 = (no-shading.vegetatio n - 0; continuous canopy tnax. ArJmts) 1'3 Substrates embeddedness (dee 11v`embedded.= 0; loose structure = max)<. 0-4; ^ 20 Presence of stream, invertebrates (no evidence = 0; common numerous types ° max >aints) 0-4 0~-5 t 0,-5.. 2 . Presence of amphibians , )V (no evidence = 0, common, numerous c?-= max rots) ? ., Presence of fish 0-4 4. ' (l 41 2 (no evidence = 0, common, numerous tY es = max aunts) . . 3 Evidence of wildlife use 0 - 6 Q 5 r 0 w (no evidence = 0; abundant evidence max points ; 53 * These characteristics are not assessed in coastal streams. 2 OFFICE USE ONLY: USACE AID# DWQ # SCP4 - Unimportant Intermittent Stream B (Ell STREAM QUALITY ASSESSMENT WORKSHEET 1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Matt Jenkins and Paul Bright 3. Date of Evaluation: 6/12/07 5. Name of Stream: UT to Broad River Approximate Drainage Area: 5 acres cn-,1] -)L??2acn ?3umt 100 iI 4. Time of Evaluation: 1:30 pm 6. River Basin: Broad S. Stream Order: First -mu,: 3un 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (I-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel approximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Airport / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280 Travel approximately 0.2 mile and turn right onto General Aviation Drive. Travel approximately 0.3 mile and the site will be straight ahead 12. Site Coordinates (if known): N35.44543°, W82.540940 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time of visit: sunnv 80 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YE(N 19. Does channel appear on USDA Soil Survey? YES 20. Estimated Watershed Land Use: _% Residential _% Commercial _% Industrial _% Agricultural _% Forested 100 % Cleared / Logged _% Other 21. Bankfull Width: 34' 22. Bank Height (from bed to top of bank): 3-4' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight -Occasional Bends X Frequent Meander Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 27 Comments: Evaluator's Signature "ill.; l Date NO D This channel evaluation form is intended to .used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP4 - Unimportant Intermittent Stream B r r+tf#'(? ?' ? A Rr3 eTit?'I tG ls? 0- x T Presence of flow i persistent pools in stream t (no flow or saturation = 0_ strong flow = mar points) 0-5 0---4. 0-5 0 Evidence-of past humanalteratiorr (extensive alresarion= 0; no alteration = max points) 0-6 0- 5 0-5 2 3 Riparian zone (ao ifler= 0. contiguous, wide bi lIer = ma,, point s) 0 n-4 0 ; 0 vidence ?)f nntr;ent or ehemicnl discthar-es (ex te,lsi?-?? ?i, :1lr.?cs ?.)_ ilk) 111"IX Ili Ps J Groundwater discharge 5 ' tno dischar--e -0; s rings, seeps, 'l;?-etands, etc_ = inax points) 0-3 0-4- ` 0-4 1 61 Presence of adjacentlloodplain 0-4 0-4, : t3 - 0 (no flood lain. - 0; extensive flood lain-max oints) i 7 Entrenchment/ tIoodpltinaccess 0- 0:-4 0-2 1 =,a a - (de "lv entrenched- 0, fie nt flooding, - max Points) Presence of adjacent wetlands (no wetlands'- 0:.Iarste Aacent wetlands = max omLs) 0-6 0-4:: 4-? 0 0 Channel sinuosity ' - 0 5', Q 0 2 xk e ceenszve cha r nelization = 0; narural'meandtr= max points) Sediment input ' extensive d osition= 0, little =or no sediment- max points ) Size &, di*ersity of channet hed substrate 0 4: 0-5 3 (fine,:homogenous - 0-, large, diverse sizes = max points) r Evidence of channel incision or widening (deep I : incised: 0 - stable bed & banks = mac outs) 2 t n, . - . ?. 13 Presence of`juajor bankf tHures 0-5, .. 0 0-5- 2 (severe erosion - (3; no erosion, stable banks ,= max; points) 1 Root'depth and densityonAanks, 0 r. 0' o a - 3 (no*uisibl roots - O; dense riots tHrou out= rnac pints) L Impact by agriculture or livestock production ' 0 ' 0 4 ? (substantiatun act=0;'noevidence- max ointsl - - I Presence of riffle-pool ripple-pool complexes i e 0 3 0' T 0 - 6 1 if (?oF si n les. or pools O; well develo ed'- ma.X omts) Habitat complexity (ittle:or no habitat= 0;-frequent, vanedhabitats - max ints)', Q 6 G-6 o I Canopy, coverage over ;streambed '- (na sHadrn vegetation- 0; continuous canopy- [Ili,\- oints) 0 0 0 19 Substrate embeddedness `" (deeply embedded = 0. loose structure = mar) A M .0--4: 0-4, 2 ?t . Presence.of stream invertebrates ? 20 no evidence = O; common., numerous types =mat Points) ' t3.-4. 0-5 0 -5' 0 { l Presence of amphibians' no evidence = 0; common: numerous types = max Points) o Presence of fish E ?? 0._ (14 0 (no evidence _ 0; common, numerous types, = max points) Evidence of wildlife use 23 0-? Q 5: 0-5`. 0 no evidence 0;, abundant evidence-max Points) ". Am ?.tw - 1, Igiiii I imp * These characteristics are not assessed in coastal streams. 1 OFFICE USE ONLY: USACE AID# DWQ # I SCP5 - Perennial Stream C STREAM QUALITY ASSESSMENT WORKSHEET 1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Matt Jenkins and Paul Bright 3. Date of Evaluation: 6/12/07 4. Time of Evaluation: 2:30 pm 5. Name of Stream: UT to Broad River 6. River Basin: Broad A.pproximate Drainage area: 5 acres i. St-earn Order: First 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (1-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel approximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Airport / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280. Travel approximately 0.2 mile and turn right onto General Aviation Drive. Travel approximately 0.3 mile and the site will be straight ahead 12. Site Coordinates (if known): N35.445430W82.54094° 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time of visit: sunny 80 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YES NO 19. Does channel appear on USDA Soil Survey? YES NO 20. Estimated Watershed Land Use: _% Residential _% Commercial _% Industrial _% Agricultural 60 % Forested 40 % Cleared / Logged _% Other 21. Bankfull Width: 1-2' 22. Bank Height (from bed to top of bank): 0-2' 23. Channel slope down center of stream: X Flat (0 to 2%) _Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (> 10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 55 Comments: Evaluator's Signatures % Date s l Ir!J This channel evaluation form is intended to' e, used only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCPS - Perennial Stream C CHAR?CTERIS T£CS I " ECOREG]IOl?i PO'?l T RAYGE ? ?" 1 a :oastal,' = Piedmont tountaiii Presence of flow ' persistent pools in stream (no fln%v or saturation - 0: strong flow = max points) 5 0-4 5 Evidence of past human alteration exrcjj,n e .titer ition - 0: no alteration - ma't mints) 0-6 0-? 0-? 3 Riparian zone - (no buffer 0: contiguous.. wide buffer max points ) 0-5 3 T' ";zle*.?c „#' zra_ Tent ar c'?e_nical disc i? 1? ?Y??; _ ? i - ? t,l'oUn[l?{atrf tI1SChll?e - - - , (no discharge= l); a 7rlll??, aet' S, 1NeClandS. CC: =rTiax Points) _ ,... Presence of adjacent floodplain (no flood lain: - 0: extensive flood lain - max points) Entrenchment; floodplain access (dec Iv entrenched = 0, freouent flooding max points) 0 - 5 -4 0 2 8 Presence of adjacent wetlands (no wetlands = 0: targe adjacent wetlands - max points) 0 6 0-4 0 9 Channel sinuosity (extensive channelization - 0: nahrral meander- Max 0 5 0 4, 0-3 1 Points) Sediment input (extensive deposition- 0r littlee or no sediment = max points) 0 5 0 4 0- 4 2 [ t Size & diversity of channel bed substrate ("fine, homogenous = 0, large, diverse sires = mat poimts) A 0 4 0 - 5 3 Evidence of`eltannel incision or widening .+rtt (deeply incised - 0; stable bed & banks = max points) 0- 5 0-4 0_5 l3 Presence of major bank failures (severe erosion = 0; no erosion, stable banks = max points) 0-5 0 5 0 s 4 1 Root depth and density on banks (no visible roots - 0. dense roots throughout- m<rr points) 3 0-4 0-5 3 I,. 15 Impact by agriculture or livestock production 0-5 0 4 0 - 5 4 (substantial impact-0: no evidence = max points,) : - 16 Presence of riffle-poollripple-pool complexes E-* no ridle?,'n les or pools - 0_ well-developed max points)? 0 3 0-5 0-6 3 L7 Habitat complexity; (little or no habitat - 0;. fre uent varied habitats = max oi ts) 0 6. 0 6 0-6 3 q , P l8 Canopy coverage over streambed (no Shading vgetation- 0: contmuouss canopy _- iinLx points) 0 - ti 0-5 0 5 ? 4 19 Substrate embeddedness a } 0 - 4 0 4 2 (deeply embedded - 0; loose structure - max ) ? t - 2 20 Presence of stream invertebrates (no evidence - 0: common- numerous types = ma:,c points) 0 4 0 5, 0-5 1 , Presence of amphibians 1 no evidence - 0; common, numerous es - rnxx points)- 0'-4 0-4 ` 0-4 1 Presence of fish -? x (no evidence - 0: common, numerous types = max points) 0 4 0 4 0-4 0 Evidence of wildlife use (n0 evidence= 0; abundant evidence= max omts) 0-6 " 0-5 0 S 0 Total Pniuts Yosibltw t t t "p(1? s' TOT L SCOFREJalso enter 'qn fIi 55 , * these charactenshcs are not assessed in coastal streams. j OFFICE USE ONLY: USACE AID# DWQ # SCP6 -Unimportant Intermittent Stream D STREAM QUALITY ASSESSMENT WORKSHEET Q0 1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Thomas Blackwell and Ron Johnson 3. Date of Evaluation: 3/12/08 5. Name of Stream: UT to Broad River 7. Approximate Drainage Area: 1 acres 9. Length of Reach Evaluated: 401f 4. Time of Evaluation: 1:30 pm 6. River Basin: Broad 8. Stream Order: First 10. County: Buncombe 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (I-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel approximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Airport / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280. Travel approximately 0.2 mile and turn right onto General Aviation Drive. Travel approximately 0.3 mile and the site will be straight ahead. 12. Site Coordinates (if known): N35.445430W82.54094° 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time ofvisit: sunny 70 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters 17. Is there a pond or lake located upstream of the evaluati 18. Does channel appear on USGS quad map? YEN 20. Estimated Watershed Land Use: _% Residential _% Forested - Nutrient Sensitive Waters -Water Supply Watershed (I-IV) on point? -YES NO If yes, estimate the water surface area: 19. Does channel appear on USDA Soil Survey? YES 0 _% Commercial _% Industrial _% Agricultural 100 % Cleared / Logged _% Other 21. Bankfull Width: 1-2' 22. Bank Height (from bed to top of bank): 1-2' 23. Channel slope down center of stream: -Flat (0 to 2%) X Gentle (2 to 4%) -Moderate (4 to 101/6) -Steep (>10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous _Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 29 Comments: Evaluator's Signature J Date I j ?G D This channel evaluation form is intended to be sed only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP6 - Unimportant Intermittent Stream D l . ECOREGION POIN T RANGE CH?RAC IERI tC OR ? Coastal:; Piedmont . Ivrounion Presence of flow/ persistent pool's in stream I 0-5 U d of -5 0 (no ilov, or saturation -= 0, strong flow = max points) Evidence of past human alteration 2 0 - 5 O 0 5? 2 (extensive alteration - 0; no alteration - max ( inis) -. Riparian zone 3 0-6 0-4 0-5 0 (uo huffier - 0; contiguous. vvride buffer - max points) Evidence of nutrient or ebemical discharges d 0-5 U 3 0--4 2 (extensive discharges - 0- no discharges - Max points) Groundwater discharge 5 (no discharge = 0: rmgs. seeps. wetlands, etc. max points') 0'-3 0-4 0.-4 1 U Presence of adjacent tloodplain U brio flood lain -- 0: extensive flood lairs- max points) 0-4 0 -_ `r (1 _. L O Entrenchment / tloodplain access 0 - 5 0- 0 - 2 1 (deeply entrenched = 0: frequent flooding = max points) Presence of adjacent wetlands S 0--6 0-4 0-2 2 (no wetlands - 0: large adjacent wetlands = mac otnts ) Channel sinuosity 9 0-5 0-4 0 --3 2 (extensive channelization - 0: natural meander = max points) Sediment input 10 s 0 4 0-4 > 2 (eYtnsivc deposition-- 0; little or no sediment= mas -oint5j l l Size & diversity of channel bed; substrate 13 ` 0 R 5 3 ('tune. homo,.!encnts - 0: large; diverse sizes = max points) . . u ? - Evidence of channel incision or widening 12 0 -5" 0-4 0 5 2 ? (deeply incised - 0, stable bed &- banks , mac points) ?'. 13 Presence of major bank failures 5 0 U 5 0 5 2 (severe erosion - 0- no orosnon, stable banks- max points) - - - Root depth. anddensity on banks 14 - 0-3 0 4 0-5 3 (no visible roots - 0: dense roots throughout= max points) ? Impact by agriculture or livestock production is lti 0 5 0-4 0 _5? 4 (substantial irn pact.=0; no evidence = max points) Presence of riffle-pooIirippk-pool complexes I6 (no ritdles/n Ics or pools - 0-, well-developed - max points) 0-3 0- 5 0-6 1 Habitat complexity 17 (little or no habitat- 0: lie uent. varied babitat5 - max points) 0-6 O F 0-6 0 ' Canopy coverage over streambed IS (no shading vegctation 0, continuous canopy - max points) 0-5 0 0--5 0 19 Substrate embeddedness I 0-4- 0-4 2 cnnhcdded = 0: loose structure -max) (deeply t : - Presence of stream invertebrates ?0 (no evidence - 0; common, numerous types max pmts) 0-4 d f 0-5 0-5 . 0 Presence o€amphibians ? (ao evidence - 0- common; numerous types max Dints) 0 0-4 0-4 0 Presence of fish 0-4 0-4 0-4 0 { (no evidence - 0; common, numerous types - max P ()111B) , Evidence of wildlife use ? 23 0-6 0-5 0-5 . 0 (no evidence = 0: abundant evidence = maxi point,") Total 110'"Itits Possible" TOTAL SCORE (also enter on fart aig,?A . r } 29 * These characteristics are not assessed in coastal streams. OFFICE USE ONLY: USACE AID# DWQ # I SCP7 - Perennial Stream E STREAM QUALITY ASSESSMENT WORKSHEET 1. Applicant's Name: Asheville Regional Airport Authority 2. Evaluator's Name: Thomas Blackwell and Ron Johnson. PWS 3. Date of Evaluation: 3/12/08 4. Time of Evaluation: 2:30 pm 5. Name of Stream: UT to Broad River 6. River Basin: Broad 7. Approximate Drainage Area: 2 acres S. Stream Order: First 9. Length of Reach Evaluated: 501f 10. County: Buncombe 11. Location of reach under evaluation (include nearby roads and landmarks): Travel south on Interstate 85 (I-85) and merge onto I-26 West via Exit 70 toward Asheville. Travel approximately 48.6 miles and take the NC-280 exit (Exit 40) toward Asheville Regional Airport / Arden. Travel approximately 0.2 mile and turn left onto New Airport Road / NC-280 Travel approximately 0.2 mile and tam right onto General Aviation Drive. Travel approximately 0.3 mile and the site will be straight ahead 12. Site Coordinates (if known): N35.445430W82.54094° 13. Proposed Channel Work (if any): N/A 14. Recent Weather Conditions: no rain within the past 48 hours 15. Site conditions at time of visit: sunny 70 degrees 16. Identify any special waterway classifications known: -Section 10 -Tidal Waters -Essential Fisheries Habitat -Trout Waters -Outstanding Resource Waters _ Nutrient Sensitive Waters -Water Supply Watershed (I-IV) 17. Is there a pond or lake located upstream of the evaluation point? YES NO If yes, estimate the water surface area: 18. Does channel appear on USGS quad map? YES NO 19. Does channel appear on USDA Soil Survey? YES NO 20. Estimated Watershed Land Use: _% Residential _% Commercial _% Industrial _% Agricultural _% Forested 100 % Cleared / Logged _% Other 21. Bankfull Width: 2-3' 22. Bank Height (from bed to top of bank): 0-2' 23. Channel slope down center of stream: X Flat (0 to 2%) -Gentle (2 to 4%) -Moderate (4 to 10%) -Steep (>10%) 24. Channel Sinuosity: Straight X Occasional Bends -Frequent Meander -Very Sinuous -Braided Channel Instructions for completion of worksheet (located on page 2): Begin by determining the most appropriate ecoregion based on location, terrain, vegetation, stream classification, etc. Every characteristic must be scored using the same ecoregion. Assign points to each characteristic within the range shown for the ecoregion. Page 3 provides a brief description of how to review the characteristics identified in the worksheet. Scores should reflect an overall assessment of the stream reach under evaluation. If a characteristic cannot be evaluated due to site or weather conditions, enter 0 in the scoring box and provide an explanation in the comment section. Where there are obvious changes in the character of a stream under review (e.g., the stream flows from a pasture into a forest), the stream may be divided into smaller reaches that display more continuity, and a separate form used to evaluate each reach. The total score assigned to a stream reach must range between 0 and 100, with a score of 100 representing a stream of the highest quality. Total Score (from reverse): 56 Comments: Evaluator's Signature J /AK I ? -/ z Date ( I ,/ L This channel evaluation form is intended to be wised only as a guide to assist landowners and environmental professionals in gathering the data required by the United States Army Corps of Engineers in order to make a preliminary assessment of stream quality. The total score resulting from the completion of this form is subject to USACE approval and does not imply a particular mitigation ratio or requirement. Form subject to change - version 05/03. To Comment, please call 919-876-8441 x 26. STREAM QUALITY ASSESSMENT WORKSHEET SCP7 - Perennial Stream E - - - O , POINT ECOREGI RANGE f CHARACTERISTICS- , ? Coastal; -jn, uk -1YThur*aik SCORE' 1 Presence of flow / persistent pools in stream 0-5 0-4 0-5 3 (no flow or saturation 0: strono flow = max omts) ? Evidence of past human alteration 0 6 0 0-5 3 (extensive alteration = 0; no alteration - Max Points) - Riparian zone 0_ 0- 4 0- 5 3 (no buffer _ 0: conn,!tious, hide huller = max Points) Evidence of nutrient or chemical discharges 0 5 0 4 0-4 2 4 (extensiv(e dischargcs -- o; no discharges max points) - 5 Groundwater discharge 0- 3 0 4 0 - 3 E (no discharge - 0; ,? ruws, seeps. wetlands, etc. max points) Presence of adjacent floodplain 4 0 0-4 0 -2 2 n 6 (no flood lain 0; extensive flood lain- max poims) - i" ! Entrenchment / floodplam access 0-5 0-4 0- 3 ? (deeply entrenched -= 0: tic uent flooding - mar points) : 8 Presence of adjacent wetlands 0 6 0-4 0`2 2 (no wetlands - O: lan,,e adjacent -wetlands max points) g Channel sinuosity 0-5 0-4 (I 3 1 (extensive channelization=- 0; nankral meander= max amts) 1O Sediment input 0-5 0. 4 0-4 2 4 (extensive deposition- 0: little or no sediment = max points) 1 1 Size & diversity of channel bed substrate . 0-4 0- 3 (fine. homogenous - o, large, diverse sizes = max points) Evidence of channel incision or widening 0 5 0 4 0=5 4 ?- ; l? ( dee plv incised ? 0; stable bed S-, banks - max points.) - -- 13 Presence of major bank failures 0 5 U 5. (} T i, 4 (severe erosion- 0: no erosion, stable banks= max points) 14 Root depth and density on hanks 0-3 0-4 0-5 3 (no visible roots = 0, dense roots throuvhout = max 03nts) ?? 15 Impact by agriculture or livestock production 0-5 0-4 0-5 4 (substantial un act -0: no evidence- max points) 16 Presence of riffle-pool ripple-pool complexes 0-3 ' 0-- 5 0-6 3 (no rifflcs/ri lcs or pools = 0; well -developed - max points) 1^ Habitat complem 0-6 0-6 0-6. E-? (little or no habitat - 0; fr- uent, varied habitats =- ma_x oints) I4 Canopy coverage over streambed 0-5 0 5 0 4 ?. -- 0: conhnuous'cano .v_- max omts) (no shadim vegetation (? - Substrate embeddedness 0-4 0-4 2 (de lv embedded - 0: loose structure - marl =' . 20 Presence of stream invertebrates 0-4 0-5 0 5 1 (no evidence - 0; common, numerous-types - max points) Ci Presence of amphibians 0-4 0-4 0--4 1 ?- (ho evidence. 0: common_ numerous Wes = max points) 22 Presence of fish 0-4 0-4 0 4 0 (no evidence. -- 0: cornmon, numerous tv es - max points) 23' Evidence of wildlife use 0-6 0-5 0,- 5. 0 (no evidence = 0: abundant evidence= max points) Tota1'Poiuts. Possible lOfl, x, * ? 1 uF3. t a s .4 A L: t{ e 4 ent n i 5 TOTAL 'SCORE J 56 tr . er o t, ag ( , * These characteristics are not assessed in coastal streams. 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Perennial Stream A-Upper Reach State:NC Counhi/parishihoroueh: Buncombe City: Fletcher Name of nearest wawrbody: ; rench Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 d 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: June 19, 2007 Field Determination. Date(s): June 13, 2007 SECTION Il: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review u,:a. [Required] ? Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ?j TNWs, including territorial seas ? Wetlands adjacent to TNWs ? Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs ?' Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ? Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ?' Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters ? Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non-wetland waters: 17461inear feet: width (ft) and/or 0.256 acres. Wetlands: 0.209 acres. c. Limits (boundaries) of jurisdiction based on: 1997 Del"' tick Manuyaj 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: 1 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). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section H LB below. 1. TNW Identify TNW: Summarize rationale supporting determination: i ina?i itu;n??i _ •?e;?,? < i _ .: .??:,i;;o?, .;??t ,-? i.ul?! .> ij?.;:n B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya 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 IILB3 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: 1,196,900acres Drainage area: 1.68 acre Average annual rainfall: 38.1 inches Average annual snowfall: 15.6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are I. (ores" river miles from TNW. Project waters are I (or less) river miles from RPW. Project waters are r (or, less) aerial (straight) miles from TNW. Project waters are Ltf tees aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Perennial Stream A and is met by Unimportant Intermittent Stream B, then flows through project area to French Broad River. a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 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. Tributary stream order, if known: 1. (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: 4-5 feet Average depth: 3-4 feet Average side slopes: Vertical (1 :1 or less). Primary tributary substrate composition (check all that apply): Be.tl'OCK CUbC`: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderate erosion and an incised channel. Presence of run/riffle/pool complexes. Explain: moderate riffle/pool complexes. Tributary geometry: Nleandering Tributary gradient (approximate average slope): 2-4 % (c) Flow: Tributary provides for: Seasonal. flow Estimate average number of flow events in review area/year. 11-2 Describe flow regime: Other information on duration and volume: Surface flow is: DiscretS. Characteristics: Subsurface flow: Y. Explain findings: Groundwater present in channel, no rain within last 48 hours. ? 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 ? Z 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.7 Explain: If factors other than the OHWM were used to determ ? High Tide Line indicated by: ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): 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 ne lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: clear water. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 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: v ??,anu L,.,pc. ,plain: 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, river miles from TNW. Project waters are Nek T;J '° aerial (straight) miles from TNW. Flow is from: Pick Li. Estimate approximate location of wetland as within the Pick I i 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: 1 r in Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) . Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION .? Si?il lf]C1nt 3r_. ,1?i 1 331 ??75 !V ill assess file il4)+ti _i11?llCSi.Y;5t1Cb 113{1 iandclions of me 'i-ib laid .fse,, alm ite f`iilcdolls iler?oi meu :3y any ,?etlands adjacent to the tributary to determine if ihe?, sioniflcantly affect the chemical, physicai, and 0I ioiogical integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Perennial Stream A-Upper Reach flows through the middle of the project site and is 243 linear feet with widths of 4-5 feet. Stream A exhibited groundwater flow, riffle/pool sequences, moderate sinuosity, and a strong presence of amphibians Stream A-Upper Reach scored 49 out of a possible 100 points on the USACE Stream Quality Assesment form and 33.5 out of 70 points on the NC DWQ Stream ID 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 243 linear feet4-5width (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 Lill that apply): ldcntiiy type( ) or eaters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional.. E] 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 Q 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):" 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: 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook io 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 FollowingRapanos ? Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): 7 Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. V-1111-JIt gISDICT10 . /_'.TERS. iNCLLDIN C'.? L:;.-N DS (CPECK ALL THAT APPLY': %J eland Deiineariun '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). Q Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: [] Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). Lakes/ponds: acres. Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. © U.S. Geological Survey map(s). Cite scale & quad name:Skyland, North Carolina, 1991. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ® Other (Name & Date):See attached report. 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: 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Perennial Stream A, Wetland AA and BB State:NC County/parish-borough: Buncombe City: Fletcher ILIA-,_,.. dame of nearest waterbody: French Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 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: June 19, 2007 Field Determination. Date(s): June 13, 2007 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There <k?-e na "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review : it ca. [Required] Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ',rc "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas Wetlands adjacent to TNWs D 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: 17461inear feet: width (ft) and/or 0.256 acres. Wetlands: 0.209 acres. c. Limits (boundaries) of jurisdiction based on 19,47 Qelinea n Y!Ianu Elevation of established OHWM (if known): 2. Non-regulated waters/wetlands (check if applicable)? Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION 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 HI.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting detennination: 'I-1:1 r:d adiacelt rr) Tai ra/ B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section HI.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section III.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.C below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 1, 1 96.80(Eacres Drainage area: 65 acr_q Average annual rainfall: 38.1 inches Average annual snowfall: 15.6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are L (or less)'river miles from TNW. Project waters are f,*('"rle..") river miles from RPW. Project waters are I„(vrless) aerial (straight) miles from TNW. Project waters are t_ * _` ` aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNWs: Perennial Stream A and is met by Unimportant Intermittent Stream B, then flows through project area to French Broad River. a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 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. Tributary stream order, if known: 1. (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: 4-5 feet Average depth: 3-4 feet Average side slopes: 23I. Primary tributary substrate composition (check all that apply): Silts D< Sun l_ n r..>ncrete ?Juc:c ? Bedroc!: U . ?gecatien. ,yp?0:, .over: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderate erosion and an incised channel. Presence of run/riffle/ ool complexes. Explain: moderate riffle/pool complexes. Tributary geometry: `. m nd' Tributary gradient (approximate average slope): 24 % (c) Flow: Tributary provides for: SeasonuI`flow Estimate average number of tlow events in review area/year: Z01(or greeter) Describe flow regime: Other information on duration and volume: Surface flow is: D] ?cret . Characteristics: Subsurface flow: Yep. Explain findings: Groundwater present in channel, no rain within last 48 hours. ? 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.7 Explain: If factors other than the OHWM were used to determ ? High Tide Line indicated by: ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): 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 ne lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: clear water. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. '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 Wedand Characteristics: ?Cialltu ?etianii tspe. ::plain:`?V?aland AA-herbaceous, '.Vatfand BB-forested. Wetland quality. Explainmatural wetlands, cleared forest area upstream. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Perennial f?)w. Explain: Wetland AA and BB directly abut Stream A. Surface flow is: DislvRti Characteristics: Subsurface flow: Yes. Explain findings: Stream A is perennial with groundwater present in channel, ground saturated to 12". ? 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 V(orle. river miles from TNW. Project waters arc k (or;lm) aerial (straight) miles from TNW. Flow is from:: ctl nd tp Estimate approximate location of wetland as within the l ?- Syear 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: Wetland AA is located in the central portion of the property, adjacent to Stream A and is approximately 0.028 acre in size (Figure 1, enclosed). Dominant vegetation within this area includes silky dogwood (Corpus amomum), Christmas fern (Polystichum acrostichoides), cinnamon fern (Osmunda cinnarnomea), common rush (Juncus effuses), and jewelweed (Impatiens capensis). This area exhibited low chroma soils (2.5Y 4/1), few prominent mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland AA is enclosed (DP2). Wetland BB is located is located downstream of Perennial Stream A and Unimportant Intermittent Stream B (Figure 1, enclosed). This forested linear wetland is approximately 0.009 acre is size. Dominant vegetation within this area includes red maple (Acer rubrum), ironwood (Carpinus caroliniana), hazel alder (Alnus serrulata), common rush (Juncus effuses), and various sedges (Carex spp.). This area exhibited low chroma soils (2.5Y 4/1), few distinct mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland BB is enclosed (DP3). A Photograph of Wetland BB is enclosed as Photographs E. Identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ? Riparian buffer. Characteristics (type, average width): 0 Vegetation type/percent cover. Explain:All plant species are FAC or wetter. 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: Approximately ( 0.037 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland AA Y 0.028 Wetland BB 0.009 Summarize overall biological, chemical and physical functions being performed: Wetland AA is located in the central portion of the property, adjacent to Stream A and is approximately 0.028 acre in size (Figure 1, enclosed). Dominant vegetation within this area includes silky dogwood (Corpus amomum), Christmas fern (Polystichum acrostichoides), cinnamon fern (Osmunda cinnamomea), common rush (Juncus effuses), and jewelweed (Impatiens capensis). This area exhibited low chroma soils (2.5Y 1'11. ?e,?, nr?nninent i.nottl,2..: ;jrnina??- patterns. and ?arurntion within the .n n°r ":nches r)f the se_1 oroflle. ?. PoUtine v[. JiCc::?c,.,unin,.?,?,i. .:,:.. .. _.u<<G.•_ ,i ?C! Pu is uP?t. Wetland BB is located is located downstream of Perennial Stream A and Unimportant Intermittent Stream B (Figure 1, enclosed). This forested linear wetland is approximately 0.009 acre is size. Dominant vegetation within this area includes red maple (Acer rubrum), ironwood (Carpinus caroliniana), hazel alder (Alnus serrulata), common rush (Juncus effuses), and various sedges (Carex spp.). This area exhibited low chroma soils (2.5Y 4/1), few distinct mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland BB is enclosed (DP3). A Photograph of Wetland BB is enclosed as Photographs E.. C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: Q TNWs: linear feet width (ft), Or, acres. EJ: 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: Stream A flows through the middle portion of the property and is approximately 1,540 linear feet in length (Figure 1, enclosed). This channel exhibited average ordinary high water widths of 4-5 feet, perennial flow, moderate sinuosity, and substrate consisting of fine sand to small cobbles. Biological sampling of Stream A resulted in a weak presence of crayfish and amphibians, and a weak presence of benthic macroinvertebrates. USACE Stream Quality Assessment scores for Perennial Stream A ranged from 49 to 53 out of a possible 100 points and ranged from 33.5 to 36.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status (SCP1 through SCP3, enclosed). Photographs of Perennial Stream A are enclosed as Photographs A and B. '?? T?hll t,!?:,., ^, 1'TV??7 -:BIZ C.. .. TrilJUT8r1 Y_S li:l ., Cbl1 rin;?piic ??n ,A' ;C„?Otlflll __ "I tti. nit,_[l -'a?'3'? ??;?I1Tl1S ?.1C1' ?C? 2i"^ seasorall.: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 1221 linear feet4-5width (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 are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland AA is located in the central portion of the property, adjacent to Stream A and is approximately 0.028 acre in size (Figure 1, enclosed). Dominant vegetation within this area includes silky dogwood (Cornus amomum), Christmas fern (Polystichum acrostichoides), cinnamon fern (Osmunda einnamomea), common rush (Juncus effuses), and jewelweed (Impatiens capensis). This area exhibited low chroma soils (2.5Y 4/1), few prominent mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland AA is enclosed (DP2). Wetland BB is located is located downstream of Perennial Stream A and Unimportant Intermittent Stream B (Figure 1, enclosed). This forested linear wetland is approximately 0.009 acre is size. Dominant vegetation within this area includes red maple (Acer rubrum), ironwood (Carpinus caroliniana), hazel alder (Alnus serrulata), common rush (Juncus effuses), and various sedges (Carex spp.). This area exhibited low chroma soils (2.5Y 4/1), few distinct mottles (5YR 4/6), drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland BB is enclosed (DP3). A Photograph of Wetland BB is enclosed as Photographs E. ? 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: 0.037acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III. C. 8See Footnote # 3. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 Asa general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate ghat imnoundmer.t v ns ett_d "n ? at .sot the ?_ -r Cesnonsrrate that -,vatcr is isol It d .vith a ae.un o cummerc,- (se., ociow). 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)?' ? 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: 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 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). E:) 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. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook to 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. 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): 0 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: Q Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? GS. iHC data. J J.S. Geoiouicai -?ur%,:y n;apls). C,te scale quad uLme:Sle;land, Nordti Carolina. 199L USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: Q State/Local wetland inventory map(s): ? FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. ? Previous determination(s). File no. and date of response letter: ? Applicable/supporting case law: ? Applicable/supporting scientific literature: Q Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Perennial Stream A-Lower Reach State:NC County/parish/borough: Buncombe City: Fletcher _,., .,.iI„Ii..., 1„l. t};]L .' A _.?_ 1t.,;tL.i, ?.. .,.Sai .,.ill:; ??:_. _-., „_. _.lit)1': .',q Lune of nearest waterbody: French Broad River Name of nearest Traditional Navigable Water (TNW) Into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 Q, 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): Q Office (Desk) Determination. Date: June 19, 2007 Field Determination. Date(s): June 13, 2007 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are nq "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review :ii ca. [Required] Waters subject to the ebb and flow of the tide. ? Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 ? TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent 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: 17461inear feet: width (ft) and/or 0.256 acres. Wetlands: 0.209 acres. c. Limits (boundaries) of jurisdiction based on: 1997 DeliI 1 anuaJ 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: l Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION 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 IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IH.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting detennination: _. ??i'etland ??s?far nt 'n T`i'1'v' Lill III' ?i .lllllli.lll? B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.I. for the tributary, Section III.B.2 for any onsite wetlands, and Section IILB.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: 1,196,800*re Drainage area: 1.68 a Average annual rainfall: 38.1 inches Average annual snowfall: 15.6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through I tributaries before entering TNW. Project waters are L (o less] river miles from TNW. Project waters are L. (11 I' ? river miles from RPW. Project waters are 1 (0t;t aerial (straight) miles from TNW. Project waters are t:,(le ss aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Perennial Stream A and is met by Unimportant Intermittent Stream B, then flows through project area to French Broad River. a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 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. Tributary stream order, if known: 2. (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: 4-5 feet Average depth: 3-4 feet Average side slopes: 2:1. Primarv tributary substrate composition (check all that apply): Sands Beciroci: ? iege?arion. :;,pe; o.-er: ? Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderate erosion and an incised channel. Presence of run/riffle/pool complexes. Explain: moderate riffle/pool complexes. Tributary geometry: Meandering Tributary gradient (approximate average slope): 24 % (c) Flow: Tributary provides for: Seasonal lloNv Estimate average number of tlow events in review area/year: Q (or Ueate Describe flow regime: Other information on duration and volume: Surface flow is: Discrete. Characteristics: Subsurface flow: Yes. Explain findings: Groundwater present in channel, no rain within last 48 hours. ? 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.7 Explain: If factors other than the OHWM were used to determ ? High Tide Line indicated by: ? ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): 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 ine lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: clear water. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. '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: weak presence of crayfish and amphibians, and a weak presence of benthic macroinvertebrates. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: ' ai ":?ener_?i ?,Ve?land ?'har.tcteristic?: ?ro?;c; Tics: `vZ%ztland size: ccres 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 Lid. Explain: Surface flow is: Pick Liss Characteristics: Subsurface flow: Nick Li. Explain findings: ? Dye (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: ? Directly abutting ? Not directly abutting ? Discrete wetland hydrologic connection. Explain: ? Ecological connection. Explain: ? Separated by berm barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pirko sit river miles from TNW. Project waters are Pick Liso aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the Ack Li 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: 30:'_(or more Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (YIN) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION -iIumific:hll le- - ..1, 5is :4?il ;i:iieb,i pie : 13'SZ '111Q iMICYli)ns t)i :7e ii 4bucac? :isei anti iile inilcllous aerIorme-i 6y any wetlands adjacent to the tributary to determine f they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section I1I.1): 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 I1I.13: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ? TNWs: linear feet width (ft), Or, acres. El Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. ED' Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Stream A flows through the middle portion of the property and is approximately 1,540 linear feet in length (Figure 1, enclosed). This channel exhibited average ordinary high water widths of 4-5 feet, perennial flow, moderate sinuosity, and substrate consisting of fine sand to small cobbles. Biological sampling of Stream A resulted in a weak presence of crayfish and amphibians, and a weak presence of benthic macroinvertebrates. USACE Stream Quality Assessment scores for Perennial Stream A ranged from 49 to 53 out of a possible 100 points and ranged from 33.5 to 36.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating perennial status.(SCP1 through SCP3, enclosed). Photographs of Perennial Stream A are enclosed as Photographs A and B . Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 190 linear feet4-5width (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 ?1 ti! .n ;,....,n, 1 r ,wuE d at sc „n 1 • L . C- ?ar? h i < ?: r.:;; .,..c:,, 'rovicie estimates tor ;urisdictional vters vithin the revicv:v area (checl< all that apply): Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an 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: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters .9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or Q Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Q 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):1o 7 which are or could be used by interstate or foreign travelers for recreational or other purposes. aSee Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook to 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. ? 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: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. [dentify type(s) of waters: F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-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): n1 Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Q, Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:Skyland, North Carolina, 1991. USDA Natural Resources Conservation Service Soil Survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): ? FEMA/FIRM maps: Q 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. ? Previous determination(s). File no. and date of response letter: Applicable/supporting case law: ? Applicable/supporting scientific literature: ? Other information (please specify): 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Unimportant Intermittent Stream B State:NC County/parish/borough: Buncombe City: Fletcher name of nearest waterbody: French Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. [Q 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: June 19, 2007 Field Determination. Date(s): June 13, 2007 SECTION 11: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There " "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part329) in the review area. [Required] [ Waters subject to the ebb and flow of the tide. [J 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 part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas Wetlands adjacent to TNWs ( Relatively permanent watersZ (RPWs) that flow directly or indirectly into TNWs Q' 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 Q 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: 17461inear feet: width (ft) and/or 0.256 acres. Wetlands: 0.209 acres. c. Limits (boundaries) of jurisdiction based on: 08-tDe °6_4?Manual 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. 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). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting detenmination: <<,i.•a ? ?ticn i?,. ?u'occt _n!:. ??i ? tii.,ic;n ,?u? .:• _. a ?r ? '_,ai?,aenr?. B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbodya 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: 1,196,800acre1 Drainage area: 5 awes, Average annual rainfall: 38.1 inches Average annual snowfall: 15.6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are LTor less) river miles from TNW. Project waters are Qor tress) river miles from RPW. Project waters are li(or less] aerial (straight) miles from TNW. Project waters are iJ6r,1 aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Unimportant Intermittent Stream B flows into Stream A then into French Broad River. Tributary stream order, if known: 1. a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 4-5 feet Average depth: 3-4 feet Average side slopes 2:1. Primary tributary substrate composition (check all that apply): ? Silts ? Sands ? Concrete C_?bLles J ra",,j =1 41uC11- 7 Bedroci: au Other. explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderate erosion and an incised channel. Presence of run/riffle/pool complexes. Explain: weak riffle/pool complexes. Tributary geometry: nderin'g Tributary gradient (approximate average slope): 2-4 % (c) Flow: Tributary provides for: inter ttent,butj` o ;tlo Estimate average number of flow events in review area/year: Jr gre teA Describe flow regime: Other information on duration and volume: Surface flow is: jk-& . Characteristics: Subsurface flow: Yes. Explain findings: Weak presence of groundwater flow. ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ? OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? changes in the character of soil ? ? shelving ? ? vegetation matted down, bent, or absent ? ? leaf litter disturbed or washed away ? ? sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: 13 ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community me lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: no water in channel. Identify specific pollutants; if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 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: v ;land [vpe. _,plain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: PickList?. Explain: Surface flow is: PLekLisj Characteristics: Subsurface flow: Li,. 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 PiekL i river miles from TNW. Project waters are Pick U aerial (straight) miles from TNW. Flow is from: Fick ?, . Estimate approximate location of wetland as within the Pi kl.J 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: P41 Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION - _ ?lyIlifliaiit '.,,.:.i5 9111? »15 h'Ill 1ssc9d Lfle 1101V _1aU iii 71L'i;on5 alt u1i 3']13 iftaf'J 13eft 1n0 ?v :1.1sICAUH9 Je:'7urrneia Uy any wetlands adjacent to the tributary to determine if then significantly affect die chemlcai, physical, and i)iologicai integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width (ft), Or, acres. 'El 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: Stream B flows north and is approximately 92 linear feet in length (Figure 1, enclosed). This channel exhibited average ordinary high water widths of 3-4 feet, weak ground water flow, and substrate consisting of silt to large gravel. Unimportant Intermittent Stream B scored 27 out of a possible 100 points on the USACE Stream Quality Assessment Form and 23.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP4, enclosed). A photograph of Unimportant Intermittent Stream B is enclosed as Photograph G. Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 92 linear feet34width (ft). C Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 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. Other non-wetland ,vaee; s: Identify type(s) of waters: :Icre5. 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Q 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: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III. C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. n Demonstrate that impoundment was created from "waters of the U.S.," or Q Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Q 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):" which are or could be used by interstate or foreign travelers for recreational or other purposes. lL] 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. 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction Following Rapanos. Interstate isolated waters. Explain: ?', Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): 7 Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: ? Wetlands: acres. -L;13. uVi,1.1, if potential ;vetlands aver-, assessed within the review area, these areas did not meet the criteria in tine i,o >rps of 'r:;,? inecr; Wetland Delineation Manual and/or appropriate Regional Supplements. Q 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). Q 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). Q 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: Q 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:Skyland, North Carolina, 1991. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Q Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. Q Previous determination(s). File no. and date of response letter: Applicable/supporting case law: ? Applicable/supporting scientific literature: Other information (please specify): 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Perennial Stream C and Wetland CC State:NC Countyiparishiborough: Buncombe City: Fletcher Name of nearest waterbody: French Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 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: June 19, 2007 Field Determination. Date(s): June 13, 2007 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review :u cu. [Required] ? Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There A re "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): r ? TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ? Non-RPWs that flow directly or indirectly into TNWs 0 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: 17461inear feet: width (ft) and/or 0.256 acres. Wetlands: 0.209 acres. c. Limits (boundaries) of jurisdiction based on: 19&T Dejeaf' elan 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. 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). 3 Supporting documentation is presented in Section HI.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section HI.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HLAA and 2 and Section M.D.L; otherwise, see Section IILB below. 1. TNW Identify TNW: Summarize rationale supporting detennination: .. tv„?rtand 3diac2:,t ro T'^f?ti' B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section III.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section M.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: 1, 196 ROcres Drainage area: 1.68 acres Average annual rainfall: 38.1 inches Average annual snowfall: 15.6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are h orl?a? river miles from TNW. Project waters are > of legs) river miles from RPW. Project waters are t (or Lms aerial (straight) miles from TNW. Project waters are 1 less) aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Perennial Stream C meets Perennial Stream A and then flows into French Broad River. Tributary stream order, if known: 1. a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 4-5 feet Average depth: 3-4 feet Average side slopes- 2:1. Primary tributary substrate composition (check all that apply): ® Silts ? Sands ? Concrete CLLrGCIi _ Cll[ ?e. i_iC,' ? Other. E,,?piain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: moderate erosion and an incised channel. Presence of run/riffle/pool complexes. Explain: moderate riffle/pool complexes. Tributary geometry: 1; kativ_e t ig Tributary gradient (approximate average slope): 0-2 % (c) Flow: Tributary provides for: Seasonal tlc Estimate average number of flow events in review area/year: Describe flow regime: Other information on duration and volume: Surface flow is: Discrete. Characteristics: Subsurface flow: Yeg. Explain findings: Groundwater present in channel, no rain within last 48 hours. ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ® vegetation matted down, bent, or absent ? ® leaf litter disturbed or washed away ® sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): 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 ne lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: clear water. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. '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: weak presence of crayfish and amphibians, and a weak presence of benthic macroinvertebrates. 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Phvsical Characteristics: ti Gener?il '??`er(u?d ??lr?u-act?ri?tic:?: b?'edan?t izcai. l r ?t1C,,9S Wetland type. Explain: forested. Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pe Vnhd flow. Explain: Groundwater present in channel, no rain within last 48 hours. Surface flow is: Overland shgetfloNv Characteristics: Subsurface flow: Yes. Explain findings: Groundwater present in channel, no rain within last 48 hours, saturation within the upper 12 inches of the soil profile. ? Dye (or other) test performed: (c) Wetland Adiacencv 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 t (or less) river miles from TNW. Project waters arc 1,(or„less) aerial (straight) miles from TNW. Flow is from: Wetland to na;;amble waters. Estimate approximate location of wetland as within the [till ?tl } ein 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: clear water. 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:Al1 of the dominant plant species are FAC or wetter. ® Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings:weak presence of amphibians and macrobenthos. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Approximately ( 0.172 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland CC Y 0.172 Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION ignidican? ae_?.r.> ;:n .,;sis .affil assess ,i:e ilow churn?.eristics s,ui functions w rile tributary aseif anti the Ilinctioils performed by any Netlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus 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 111.1): 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 (ft), Or, acres. 0, 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: Stream C flows east for approximately 114 linear feet until its confluence with Perennial Stream A (Figure 1, enclosed). This channel exhibited an average ordinary high water width of 1-2 feet, perennial flow, weak sinuosity, and substrate consisting of silt to large gravel. Perennial Stream C scored 55 out of a possible 100 points on the USACE Stream Quality Assessment Form and 30 out of 71 possible points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP5, enclosed). A Photograph of Stream C is enclosed as Photograph F. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 114 linear feet4-5width (ft). Q Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Q 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 \M idad _it Sec"k 1: ?".C. i'rovide estimates rorjurisdictiouLti ,eaters ,ithin the review area (check all that apply): Q Tributary waters: linear feet width (ft). Q Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. ( Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Q Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland CC is located at the downstream portion of Perennial Stream A (Figure 1, enclosed). This forested wetland area is approximately 0.172 acre is size. Dominant vegetation within this area includes black gum (Nyssa sylvatica), black willow (Salix nigra), ironwood (Carpinus caroliniana), silky dogwood (Corpus amomum), false nettle (Boehmeria cylindrical), common rush (Juncus effuses), jewelweed (Impatiens capensis), and various sedges (Carex spp.). This area exhibited low chroma soils (10YR 4/1), inundation to 2 inches, drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland CC is enclosed (DP4). Photographs of Wetland CC are enclosed as Photographs C and D. A Routine On-Site Determination Form representative of on-site non-jurisdictional upland areas is also enclosed (DPI). Q 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: 0.172acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Q Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. 71 Demonstrate that impoundment was created from "waters of the U.S.," or Q Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). 8See Footnote # 3. 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 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):lo ? 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: Q Other factors. Explain: Identify water body and summarize rationale supporting determination: 17, TiioLIWI-l atc s: :ins a "I CC, viutl i it;. Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-.JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ? If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ? Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non-jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: ? Wetlands: acres. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): ? Non-wetland waters (i.e., rivers, streams): linear feet, width (ft). ? Lakes/ponds: acres. ? Other non-wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:Skyland, North Carolina, 1991. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: 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 Q Q Q Q State/Local wetland inventory map(s): FEMA/FIRM maps: 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ? Aerial (Name & Date): or ® Other (Name & Date):See attached report. 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: 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Perennial Stream E and Wetland FF State:NC County/parish/borough: Buncombe City: Fletcher Center coordinates of site (1at11ong in degree decimal format): Lat. 35.44612° , Long. 82.54223` W. Universal Transverse Mercator: Name of nearest waterbody: French Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 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: March 12, 2008 Field Determination. Date(s): March 12, 2008 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There :1re no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. ?' Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There ire "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t TNWs, including territorial seas Wetlands adjacent to TNWs Z 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: 21331inear feet: width (ft) and/or 0.279 acres. Wetlands: 0.519 acres. c. Limits (boundaries) of jurisdiction based on: 1987 Dell tion Man 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. 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). 3 Supporting documentation is presented in Section III.F. SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section III.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section HI.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 Rapanos have been met. The agencies will assert jurisdiction over non-navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILD.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 waterbodya 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: acres Drainage area: acre§ Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ? Tributary flows through alt tributaries before entering TNW. Project waters are Pick Lis river miles from TNW. Project waters are Piclk:I river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick L i aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Tributary stream order, if known: a Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the acid West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that apply): Tributary is: ? Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pic: 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: in. 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 Clow events in review area/year: ick'List Describe flow regime: Other information on duration and volume: Surface flow is: Pick Li g. 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.7 Explain: If factors other than the OHWM were used to determ High Tide Line indicated by: [l ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ne lateral extent of CWA jurisdiction (check all that apply): Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. (iv) Biological Characteristics. Channel supports (check all that apply): ? Riparian corridor. Characteristics (type, average width): ? Wetland fringe. Characteristics: ? Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ? Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationshiy with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick li. 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 Lisp 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 Lis! Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 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 III.D: 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 (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: Stream E flows east for approximately 62 linear feet until its confluence with Perennial Stream A (Figure 1, enclosed). This channel exhibited an average ordinary high water width of 2-3 feet, perennial flow, weak sinuosity, and substrate consisting of silt to large gravel. Perennial Stream E scored 56 out of a possible 100 points on the USACE Stream Quality Assessment Form and 30 out of 71 possible points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP7, enclosed). A Photograph of Stream E is enclosed as Photograph H. ? Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ? Tributary waters: 62 linear feet2-3width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWs8 that flow directly or indirectly into TNWs. Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional waters within the review area (check all that apply): ? Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland FIT is located at the upstream portion of Perennial Stream E (Figure 1, enclosed). This herbacious wetland area is approximately 0.148 acre is size. Dominant vegetation within this area includes common rush (Juncus effuses), chinese privet (Ligustrum sinense), and various sedges (Carer spp.). This area exhibited low chroma soils (2.5Y 4/2) with mottles (7.5YR 5/6), inundation to 2 inches, drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland FF is enclosed (DP5). Photographs of Wetland FF are enclosed as Photographs I and J. A Routine On- Site Determination Form representative of on-site non-jurisdictional upland areas is also enclosed (DPI). ? 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: 0.148acres. 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 ,EJ and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. Impoundments of jurisdictional waters.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 I Demonstrate that water is isolated with a nexus to commerce (see E below). 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook 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):" ? 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. E] Interstate isolated waters. Explain: Other factors. Explain: Identify water body and summarize rationale supporting determination: 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 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 al 7 Non-wetland waters (i.e., rivers, streams ? Lakes/ponds: acres. ? Other non-wetland waters: acres. ? Wetlands: acres. SECTION IV: DATA SOURCES. that apply): linear feet, width (ft). List type of aquatic resource: A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ? Office does not concur with data sheets/delineation report. ? Data sheets prepared by the Corps: ? Corps navigable waters' study: ? U.S. Geological Survey Hydrologic Atlas: ? USGS NHD data. ? USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name:Skyland, North Carolina, 1991. USDA Natural Resources Conservation Service Soil Survey. Citation: ? National wetlands inventory map(s). Cite name: ? State/Local wetland inventory map(s): 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. FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. ? 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: 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): July 16, 2007 B. DISTRICT OFFICE, FILE NAME, AND NUMBER:Asheville Regional Office C. PROJECT LOCATION AND BACKGROUND INFORMATION: The Asheville Regional Airport Expansion site is located adjacent to Highway 26, on existing Airport Authority property in Fletcher, North Carolina, Intermittent Stream D and Wetland DD State:NC County/parish/borough: Buncombe City: Fletcher Center coordinates of site (lat/long in degree decimal format): Lat. 35.44612° , Long. 82.54223° W. Universal Transverse Mercator: Name of nearest waterbody: French Broad River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): 06010105 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: March 15, 2008 Q' Field Determination. Date(s): March 12, 2008 SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): 1 TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waters2 (RPWs) that flow directly or indirectly into TNWs Non-RPWs that flow directly or indirectly into TNWs E, Wetlands directly abutting RPWs that flow directly or indirectly into TNWs L Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs Q Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Q' Impoundments of jurisdictional waters Q 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: 21331inear feet: width (ft) and/or 0.279 acres. Wetlands: 0.519 acres. c. Limits (boundaries) of jurisdiction based on: f$7 Deliueati a?Ianu .11 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: 1 Boxes checked below shall be supported by completing the appropriate sections in Section III below. 2 For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. SECTION 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 IH.D.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections IH.A.1 and 2 and Section III.D.1.; otherwise, see Section HI.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 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IH.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section III.D.4. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section I11.13.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section H LC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditions: Watershed size: 1,196, 80i j acrel Drainage area: 1 acres Average annual rainfall: 38.1 inches Average annual snowfall: 15.6 inches (ii) Physical Characteristics: (a) Relationship with TNW: ? Tributary flows directly into TNW. ® Tributary flows through tributaries before entering TNW. Project waters are L(or less) river miles from TNW. Project waters are I (or' less) river miles from RPW. Project waters are t_(or less) aerial (straight) miles from TNW. Project waters are I (pr lei aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: N/A. Identify flow route to TNW5: Intermittent Stream D meets Perennial Stream A and then flows into French Broad River. Tributary stream order, if known: 1. 4 Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. 5 Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, which then flows into TNW. (b) General Tributary Characteristics (check all that annlv): Tributary is: ® Natural ? Artificial (man-made). Explain: ? Manipulated (man-altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: 1-2 feet Average depth: 2-3 feet Average side slopes: 2: t. 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: moderate erosion and an incised channel. Presence of run/riffle/pool complexes. Explain: moderate riffle/pool complexes. Tributary geometry: Rehm- sfca ht Tributary gradient (approximate average slope): 0-2 % (c) Flow: Tributary provides for: Seasonal tIofvj Estimate average number of flow events in review area/year: " Describe flow regime: Other information on duration and volume: Surface flow is: Discrete. Characteristics: Subsurface flow: Yes. Explain findings: Groundwater present in channel, no rain within last 48 hours. ? Dye (or other) test performed: Tributary has (check all that apply): ® Bed and banks ® OHWM6 (check all indicators that apply): ? clear, natural line impressed on the bank ? ? changes in the character of soil ? ? shelving ? ® vegetation matted down, bent, or absent ? ® leaf litter disturbed or washed away ® sediment deposition ? ? water staining ? ? other (list): ? Discontinuous OHWM.' Explain: If factors other than the OHWM were used to determ ? High Tide Line indicated by: m ? oil or scum line along shore objects ? fine shell or debris deposits (foreshore) ? physical markings/characteristics ? tidal gauges ? other (list): the presence of litter and debris destruction of terrestrial vegetation the presence of wrack line sediment sorting scour multiple observed or predicted flow events abrupt change in plant community ne lateral extent of CWA jurisdiction (check all that apply) Mean High Water Mark indicated by: ? survey to available datum; ? physical markings; ? vegetation lines/changes in vegetation types. (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: clear water. Identify specific pollutants, if known: 6A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. '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: 0.015 acres Wetland type. Explain:Herbacious, site has been cleared of woody vegetation. Wetland quality. Explaimpoor, site as been cleared. Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Perennial?flow. Explain: Groundwater present in channel, no rain within last 48 hours. Surface flow is: Overland sheetflo? Characteristics: Subsurface flow: Ye. Explain findings: Groundwater present in channel, no rain within last 48 hours, saturation within the upper 12 inches of the soil profile. ? 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 L (or, less) river miles from TNW. Project waters are t'"(or less) aerial (straight) miles from TNW. Flow is from: Wetl n :tagna bit terS. Estimate approximate location of wetland as within the 100,- Sl l dear 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: clear water. 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:All of the dominant plant species are FAC or wetter. ® Habitat for: ? Federally Listed species. Explain findings: ? Fish/spawn areas. Explain findings: ? Other environmentally-sensitive species. Explain findings: ® Aquatic/wildlife diversity. Explain findings:weak presence of amphibians and macrobenthos. 3. Characteristics of all wetlands adjacent to the tributary (if any) 11 All wetland(s) being considered in the cumulative analysis: Approximately ( 0.015 ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Wetland DD Y 0.015 Summarize overall biological, chemical and physical functions being performed: C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERSIWETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: t'I TNWs: linear feet width (ft), Or, acres. E-i Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. El Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Q 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: Stream D flows north for approximately 46 linear feet until its confluence with Perennial Stream A (Figure 1, enclosed). This channel exhibited an average ordinary high water width of 1-2 feet, perennial flow, weak sinuosity, and substrate consisting of silt to large gravel. Intermittent Stream D scored 29 out of a possible 100 points on the USACE Stream Quality Assessment Form and 22.5 out of 71 possible points on the NCDWQ Stream Classification Form, indicating intermittent status (SCP6, enclosed). A Photograph of Stream D is enclosed as Photograph G. . Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 46 linear feetl-2width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. Q 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): Q Tributary waters: linear feet width (ft). ? Other non-wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ? Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section 111.13 and rationale in Section III.13.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Wetland DD is located at the upstream portion of Intermittent Stream D (Figure 1, enclosed). This herbacious wetland area is approximately 0.015 acre is size. Dominant vegetation within this area includes common rush (Juncus effuses), chinese privet (Ligustrum sinense), and various sedges (Carex spp.). This area exhibited low chroma soils (2.5Y 4/2) with mottles (7.5YR 5/6), inundation to 2 inches, drainage patterns, and saturation within the upper 12 inches of the soil profile. A Routine On-Site Determination Form representative of Wetland DD is enclosed (DP3). Photographs of Wetland FF are enclosed as Photographs K and L. A Routine On-Site Determination Form representative of on-site non jurisdictional upland areas is also enclosed (DPI). Provide acreage estimates for jurisdictional wetlands in the review area: 0.015acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ? Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. Demonstrate that impoundment was created from "waters of the U.S.," or ?; Demonstrate that water meets the criteria for one of the categories presented above (1-6), or Demonstrate that water is isolated with a nexus to commerce (see E below). 8See Footnote # 3. 9 To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 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):" T] which are or could be used by interstate or foreign travelers for recreational or other purposes. Q 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: Provide estimates for jurisdictional waters in the review area (check all that apply): Q Tributary waters: linear feet width (ft). Other non-wetland waters: acres. Identify type(s) of waters: Wetlands: acres. F. NON-JURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ? Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ? Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in the review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): ?T 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: Q 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:Skyland, North Carolina, 1991. USDA Natural Resources Conservation Service Soil Survey. Citation: Q National wetlands inventory map(s). Cite name: State/Local wetland inventory map(s): 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 Jurisdicdon Following Rapanos. FEMA/FIRM maps: ? 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ? Photographs: ? Aerial (Name & Date): or ® Other (Name & Date): See attached report. 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: Asheville Regional Airport Expansion Individual Permit Application Project No. 2007-1889 Photograph A. View of Perennial Stream A, upper reach, ioolcmg aownsLreaiii. Photograph B. View of Perennial Stream A, lower reach, looxmg upstream Asheville Regional Airport Expansion Project No. 2007-1889 Individual Permit Application s f ,. P \ ,t 4 J ? 1 / , ? ? ! fAll Y ? I ! 1 ?" ? '{ ' 7 <',4 ? \? 'f ? '' I? ' y V ? ? (.c\ ? i1 .?7? ? ?? 1 / F)V?? ? ?1 1 n ? i x H ` ?? ? ? ? / ? ' ? , + + . " ^f.r • aa ' '''111 ??qJ ., y ? [ ? ?Iy( .?{ ^y? ? ??qq { / . ?• + ~?." Y ??rC1 1 t? ? ?(?' ?? , r? - ?f 1 ? -.; ,1 !'\? [ ? . rfl + YI ? Y ? ? Y?{ , r r V? ? ? .. _ ,? .? 1 +.i ? , } ,. ? '. ;i„ . A??, .t ? ? - ?.r r.; , s;,111 ? r y+b?r.lS.'. .,«+• .J r? %• a L3/ "?;,: ?.i ? ? ?,-• I ? !' ' i. r.,? N11 _1M T V ??f '?' ?) '?`? ? D'' '? ^\ • -sv r + E Y 1 A , WA • ? w ? :`iT??"R?..+'?f 9k ??. y?.,•i?yq? +`.Ja„ihv???'?1 \k 4?"'Sti}r Y? a +w y? k? `? ? E l S`? Y? f? Ih 1N y. ? ?..•a??'?fi 1 ?`D_axyyi???Yj., t?+}?1 K! ?f ? .„i RYA 1, ?., v., '1 ?.f D 111 yfA Y:Y.a? Y . ? KCC. ',?j` ?Y `? C ?v?? ??? y++,? ? ? ?'ti } r ,'?'?afi??:•.-:??y? 'ti" '• + '9 ' 7• S . L ? / f?i k1 i +.M1 ?.? , t.. ' 1w .,.y h..•^ ' Y ?') ,. , .? « i"17y i'et `'.r?7?'TS, y.Y3+"i,F ° 4ei a (tij ??JJ?C f yy ?Y c"?s }ry7 FS'? 'l" •'? y .I:M^ 1 ?i •s??}}t?qSLi?A 7w ,? ?Sa # Photograph C. View of Wetland CC, looking south ? - ?' tt \``v{?.?fft??'y' ?m •'? w? ,'?'rYy?Y ? ?. ? ? - fir F . i ' ^z rR ? ?? '' iT,b> `!/ " I _ rarer. .} „y > - .,r ws, $ , f t l Vie, ..? i a';. t'*T°r`".k'eaD• 'y' P - t... ". T ?t A AM.4l V Lt f , ?! ` i1 {J i ' r e ? h '°q{ µ ? r - a y cFrk b 1 1 k i?° ?? {? k? ' tea.. 7 q? pp .=1r19 i a•..=??.. ?s... J a+t i . (? `, ?>•?`? ? , X ??? li rtj.. .(a? ??? ?? d•+ y4 ? u ; ?6 lL ft4 ? ' J „ .a f"\} i J••:. < Il f ? ?iS0:6Et}^? ?.,Q? ?? * 9 ss } t s » Y 1? fagy.a i• ?r c L' '..i •C`{? / ? •y i a r f+ R,er ,p$.. ;( a1 r Zile, ?y?-,._? ... J r +a?,f r' f X 4'?.i `a •• - ° "l. d " fr " N J? i ?? ? ? J ?T'f + 27* -a T . tr '`I.`+ll 2 F C + ? . i ?ar . y . ? Rl ie?? Sy FFa-.,S?S'l1.}??! M ?''nSr?q` y ??y G!p/1 ??}??4I.. MMY y - '7n 7 ''yst ? `.- ?` Y " ^?' y?" tr S mc a• v • > ?. ` ?. 11 K: +'1`00 ? , 6 ? e r y..,?r ? .w?i .+« W -a?A+??4 . ti V- ?,? ? "?i L " :: .? ? ?yt' ? ??? ?? ? ' r ?. _ C ?rr* ?..'...? a ro ? `?'a'' 1 ?,7•, f, i'T+' ? --^ ' ? ? J s? a : ? i ? ? ? ? ? ^ fi e?al r 7..1MJ 4 ?.Y? _ 4 ?s ;Y. S+?® '? "S 81 ? `? ? ? 'Y• ma +v -'i'e S at }r . ,`?' R ," ?? y- ? t:.r ya ?.:,? ??, '?"?? '? dE r 1 -E?r , ? + 's "? ?J??2 ? n'_ nr y' , ? ;r ? ?, "?'•, ' bid. is a .. . „"? .? `? S F ?? r{ ?``; "' . _Ar .- d y 11.#„ ?,T? ? ,.s_ .a.i• r F "rte' A t. „a?. "?,t 4+i? a f ? G 2 k y ' ?•. _ y: a `? s m 1 y ? ,?. „i?R• i ,L ?'?'? 'i r?° 2 y{ w' ylt ?'?''' + x.15 h•'? 1iiII } .'i? Y ; , . _Tl ? ,N///W??`yJ {? ? ?? / '?,.r" ?-?<<? \ ? ,; '+??.C a??r'yY tilG,y l ?' ?Vir?l>`?X , ? ,i#,? ? .?i . r? ? ? 3 1 P ! ? - I r :, Photograph U. View of Wetland CC, looking northwest Asheville Regional Airport Expansion Project No. 2007-1889 Individual Permit Application Photograph E. View of Wetlanci tits, iooxmg sou«? Photograph F. View of Perennial Stream U, looxmg aownsLFCani Asheville Regional Airport Expansion Individual Permit Application Project No. 2007-1889 Photograph G. View of Unimportant Intermittent Stream ti, looKmg upstream ALF RCDENR North Carolina Department of Environment and Michael F. Easley, Govemor June 13, 2007 Mr. Anthony Nardo Carolina Wetland Services 550 E. Westinghouse Blvd. Charlotte, NC 28273 William G. Ross Jr., Secretary Subject: Asheville Regional Airport Project - Expa :d Existing Airpor i In;rustr uctare; iletcl?er, Buncombe County CWS Project No. 2007-1889 Dear Mr. Nardo: The Natural Heritage Program has no current record of rare species, significant natural communities, or significant natural heritage areas at the site nor within 1/2-mile of the project area. [There are historic records of rare aquatic species in the French Broad River, within one mile.] You may wish to check the Natural Heritage Program database website at www.ncnhp.org for a listing of rare plants and animals and significant natural communities in the county and on the quad map. NC OneMap now provides digital Natural Heritage data online for free. This service provides site specific information on G1S layers with Natural Heritage Program rare species occurrences and Significant Natural Heritage Areas. The NC OneMap website provides Element Occurrence (EO) ID numbers (instead of species name), and the data user is then encouraged to contact the Natural Heritage Program for detailed information. This service allows the user to quickly and efficiently get site specific NHP data without visiting the NHP workroom or w,,iting for the Information Request to be answered by NHP staff. For more information about data formats and access, visit <www.nconemap.com/data.html>, or email NC OneMap at <dataq@ncmail.net>. Please do not hesitate to contact me at 919-715-8697 if you have questions or need further information. Sincerely, Harry E. LeGrand, Jr., Zoologist Natural Heritage Program 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-733-49841 FAX: 919-715-30601 Internet: www.enr.state,nc.us/ENR/ An Equal Opportunity/ Affirmative Action Employer - 50 % Recycled 110 % Post Consumer Paper Natural Resources Wcb°?C Cazolina Naturalloff ?.s SrA7p a. awm North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Sandbeck, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary July 13, 2007 Anthony W. Nardo Andrea L. Hughes Carolina Wetland Services 650 E. Westinghouse Blvd. Charlotten, NC 28273 Re: Asheville Regional Airport, Fletcher, Buncombe County, ER 07-1252 Dear Mr. Nardo and Ms. Hughes: Thank you for your letter of June 5, 2007, concerning the above project. Office of Archives and History Division of Historical Resources David Brook, Director There are no known recorded archaeological sites within the project boundaries. However, the project area has never been systematically surveyed to determine the location or significance of archaeological resources. Based on the topographic and hydrological situation, there is a high probability for the presence of prehistoric or historic archaeological sites. We recommend that a comprehensive survey be conducted by an experienced archaeologist to identify and evaluate the significance of archaeological remains that may be damaged or destroyed by the proposed project. Potential effects on unknown resources must be assessed prior to the initiation of construction activities. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to us for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available at www.arch.dcr.state.nc.us/consults.htm. The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Location Mailing Address Telephone/Fax ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 (919)733-4763/733-8653 RESTORATION 515 N. Blount Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 276994617 (919)733-6547/7154801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mail Service Center, Raleigh NC 276994617 (919)733-6545/715-4801 Thank you for your cooperation and consideration. If you have questions concerning the above comment, contact Renee Gledhill-Earley, environmental review coordinator, at 919/733-4763 ext. 246. In all future communication concerning this project, please cite the above referenced tracking number. Si erely, Peter Sandbeck ASHEVILLE AREA CHAMBER OF COMMERCE October 19, 2007 Mr. David Edwards, Jr. Director Asheville Regional Airport Authority PO BOY 817 Fletcher, NC 28732 Dear Dave: On behalf of our Chamber of Commerce Board of Directors, I wish to commend you and your Board for your initiative in preparing the Authority's acreage between the runway and I-26 for development. Clearly, Asheville Regional plays a major role in our regional economy and the additional business envisioned for the northern sites will add to that positive economic impact. I understand that you are in the midst of the permitting process and trust that will progress smoothly. If we can assist in some way, please feel free to call on me. Sincerely, 1K Richard J. Lutovsky President & CEO cc: Craig R. Wyant PO BOX icic A HEVILLE. NORTH C,-?ROLINA °_sso_° S°_SI °;-c7oi FAX 1 °_ °_ l 0436 hue://ire-ryc.asluvillcchami.r.orR .tihcvillc??.»hcrillc:h.,m?.r.urti Asheville Regional Airport Project Individual Permit Application Project No. 2007-1889 Asheville Regional Airport - Adjacent Property Owners Buncombe County City of Asheville Kachman, David and Martha 35 Branrick Ln, Arden, NC 28704 Mack JR, Woodrow and Patricia 5 Hidden Creek Rd. Arden, NC 28704 Moss, Frank E. 13 Hidden Creek Rd. Arden, NC 28704 Lanning JR, Geo and Connie 130 Tom Johnson Rd. Columbus, NC 28722 Gibson, Charles R. 42 Rattlesnake Dr. Sylva, NC 28779 Osorino, Arturo PO Box 761 Mountain Home, NC 28758 McKinney, James and JoAnne 16 Nathan Dr. Arden, NC 28704 McFalls, Clota J. 323 Jones Rd. Fletcher, NC 28732 Woody, Jerry M. PO Box 6318 Asheville, NC 28816 Green, Gail B. 10 Nathan Dr. Arden, NC 28704 Case JR, Alvin J. 101 Hidden Creek Rd. Asheville Regional Airport Project Individual Permit Application Proiect No 2007-1889 Arden, NC 28704 Henderson County Henderson County City of Asheville Cadgene, Marie-Jeanne and Cadgene, Narcisse PO Box 10 Redvale, CO 81431 Broadmoor Group Inc. 101 French Broad Ln. Fletcher, NC 28732 Putman, Charles; Litten, Karl V; Kassouf, Lawrence F 90 Hillcrest Dr. Weaverville, NC 28787 Trenary, Larry M; Atkinson, George W; Trutch, Steven A PO Box 7625 Asheville, NC 28802 French Broad Associates 1609 Rockledge Dr. Rockledge, FL 32955 Unit M, Suite 100.307 Townepark Circle • Louisville, ICY 40243 phone: (502) 245-1353 • fax: (502) 245.7398 • www.charah.com April 24, 2008 Kevin Howell, CM Asheville Regional Airport Authority 61 Terminal Drive, Suite 1 Fletcher, NC 28732 RE: Requested answers for response Dear Kevin, Liner Monitoring: Attached, please find the reports detailing the Geosynthetic Clay Liner (GCL) installation, preformed by an independent consulting engineer. We will continue to inspect the liner installation accordingly as required. Soil and Erosion Control: In case of breach, such that visible ash or sediment is leaving the disturbed limits of the site, corrective action shall be taken immediately to terminate further discharge. Additionally, the Division of Water Quality (DWQ) will be notified within 24 hours of discovery and a report documenting the corrective measures taken, will be submitted to DWQ within 15 days. At a minimum, the source of the breach will be identified and repaired sufficient to avoid a future release. Following repair, the entire sediment control system will be evaluated to establish if the breach was an anomalous occurrence or if additional measures need to be taken to provide sufficient sediment control and protection of water quality. Additional measures could include; providing additional rows of silt fencing, sediment collection areas, better stabilization of existing controls, and/or more frequent inspections. Records of corrective measures, whether temporary or permanent, taken at the site will be maintained onsite and will be distributed to DWQ. Ground water Monitoring: There have been four monitoring wells installed both up gradient and down gradient. Please see attached groundwater monitoring well location and ground water table data. We believe that the above measures provide suitable protection of the stream and wetlands downstream of the project and comply with requirements of the non-discharge permit. Charah will continue to monitor and report this water table data for five years following ash placement completion. We will work with the Aquifer Protection Section to provide whatever groundwater information as required. 4 gy, 16 CONSERVING OUR NATURAL RESOURCES ?... THROUGH THE BENEFICIAL USE OF CCPs Should you have any questions or need further clarification, please feel free to phone. Sincerely, l-- ?[ Randy Keller VP of Operations Charah, Inc. 502=649-3660 rkeller@charah.com GHAN / CIVIL AND MINING CONSULTANTS 173 WEST LAKE STREET - MADISONVILLE, KENTUCKY 42431 - TEL. (270) 6,21-2013 FAX (270) Y:,25-4108 WM. SCOTT VAUGHAN, P.E. WILLIAM E. VAUGHAN, P.E. - QA OBSERVATION LOG - Site: Charah, Inc. Date: Weather: Clear Asheville Regional Airport Ash Fill Project 12/06/07 Work Activities: Observed Charah grading site for liner placement. Crew removed extraneous material from lay down area (rocks, roots, etc.) in advance of liner placement. Subgrade area was being rolled with smooth drum roller. Survey Activities: Establish liner layout grid on ground for documentation of liner lay down progress. Special Instructions: Proof roll all areas prior to liner placement. Follow manufacturer's installation guidelines. QA Documentation Attached Attachment Details: X Yes No Liner installation grid exhibit. Wm. Scott Vaughan, P.E. C:' D W G5,CHARAH%Asheville1042308_CertiliCation\042308-CC'tif ic3uon.wpd i i j ttI // \ Yf i t f ?Itj. '1 /Ids?i{ : • 1 ? ??? f ? 1 ? ? ? / ? ? \ I x / x i 111 x 10 4 N 217{1 224&7 2 I 2253.s _s429 -",, s = s 2ssa.s / 12 1M.7 oil 4s.a it AH;; fElIf?LE RE,G AIRF OR / 7 1d/ 7/Qs IMSRE 1(? f`AND(GRfD/ , / VW? .?. { m KT "?". B17l9d MO >iWgOi 173 `Af {M. ?IIQi?4L Iflil 2 'l, ?pyyy7q iB81YD?p?;?tf-Oli,v'' VAU, G---HAN _ l CIVIL AND MINING CONS eL7ANrs 173 WEST LAKE STREET MADISONVILLE, KENTUCKY 42431 • TEL. (270) 821-2013 FAX (270) 825-4108 WM. SCOTT VAUGHAN, P.E_ WILLIAM E. VAUGHAN, P.E. - QA OBSERVA TIGN LOG - Site: Charah, Inc. Date: Weather: Clear Asheville Regional Airport Ash Fill Project 12/07/07 i Work Activities: I Observed Charah crew removing extraneous material from lay down area (rocks, roots, etc.) in advance of liner placement. Initial lay down area was proof rolled and passed. Advance lay down area was proof rolled. Two small areas failed and were ordered corrected. Field spotted four (4) monitoring well locations. Reviewed manufacturers installation instructions with site personnel. I Survey Activities: Completed liner grid layout on site. Special Instructions: Proof roll all areas prior to liner placement. Follow manufacturer's installation guidelines. QA Documentation Attached Attachment Details: X Yes No (3) photos of rolled surface prior to liner placement (initial lay down area) l Wm. Scott Vaugljan, P.E. C:l0WGS%CHARAH\Asheville1042308_Cenification\052308 Ceriification.wpd L VA '- A N l CIVIL AND MINING CONSULTANTS 173 WE" LAKE STREET' - MADISONVILLE, KENTUCKY 42431 - TEL. (270) 821-2013 FAX (270) 825-4108 WM. SGOTTVAUGHAN, P.E. WILLIAM E. VAUGHAN, P.E. - QA OBSERVATION LOG - Site: Charah, Inc. Date: Weather: Clear Asheville Regional Airport Ash Fill Project 12/20/07 Work Activities: Liner placement in progress. Reviewed installation procedures with site personnel. Ash placement was underway at time of inspection- Exposed liner edges were being protected from the effects of moisture by use of plastic cover materials. Field spotted area of liner installation to date. Anchor trench construction observed conforming to specification. Survey Activities: None. Special Instructions: Proof roll all areas prior to liner placement. Follow manufacturer's installation guidelines. QA Documentation Attached Attachment Details: X Yes No (4) photos of liner installation in progress Installation exhibit. R A ?- ,t. Wm. Scott Vau han, P,E. C'SD W G5ICHAAAH\ASneV ille\042308_Certii icauon1042308_Cet7iticatior-pd ...3v. v; S t t? , S l 14_e ? ? 10 91 I l `' v x 1 it x 4 -" 12/20/08 LINER rt E ( 'f "t I ! l I ?? I ?. LAYDOWN AREA t j '1 1.4 ACRES - 22149.7 / (APPROX.) -4 Al x 2153. ! € •- f jj !I € 1 .21A3.3 2144. +i #?t F i \\ V If a 215 1 ?? 215$x1, x ` MARAH ASHWL€,19KAL A1,RP0ytr 12 20 0$; I`NSWTIO F 1 `l ?? ?oln?o F t °? ILTS C7>I DOF98 MD 9rMEY9B '. tt t S ? 173 vOf WK 111QR.:,Y?IIYL IMICR ouY/,. t l 1 \ 1 "ova?a. ,ao,n?, pro 4 ?? 4-4 RYj? { $ t Lg f ?? w 4 k i e t s' ?', ti4 z 7 u u C."ll i ". L s het: t + r ! t^^ E 3 u`N r s c «?:=t xin0 ' a rr,,Xagac, [saes '?`as<u ++?.'>., } S Y P t .'S x F` i- t q Y T t. € 4 t f Y=. a «fiq-,?., ? „may ? }}3 ? P Oil R> ? ? a s f3 ? rf . i dF # 1 3 e fJ. a F r�pp K f 'h S ,,.�.. ><' �+• F4Yv'Y��$R4 a-.� Ad .% 6. R"°`iP S+.kSL�feY?,.t .Af �rf�'J��'.'jig 1 3 e fJ. s s s r�pp A -- A N w l CIVIL AND MINiNf3 CONSULTANTS 173 WEST LAKE STREET a MADISONVILLE, KENTUCKY 42431 • TEL. (270) 821-2013 FAX (270) 825-4108 WM. SCOTT VAUGHAN, P.E. Wit_LIAM E. VAUGHAN, P.E. QA OBSERVATION LOG - Site: Charah, Inc. Date: Weather: Clear Asheville Regional Airport Ash Fill Project 02/28/08 Work Activities: No liner placernent taking place. Ash materials being placed and compacted. Survey Activities: i Construction staked liner limit location from design plans. Construction staked grade points for establishing fill elevations. Mapped ash fill area to date. Mapped liner limit to date. Special Instructions: Proof roll ail areas prior to liner placement. Follow manufacturer's installation guidelines. QA Documentation Attached Attachment Details: X Yes No Installation exhibits - liner limit and panel diagram m. Scott Vaug . an, P.E. C:IDWGSlCHARAH1ASheviAe',042308_Cutificationt042308 Cettification.wpd its t 1 r ?° t 3? . Lrj za5t.7 ? ? ,r? ?? ???'• ?? t. ? • ? ' ? fir,; ?? ? . ,? ? j \ \?? ( / ?? ti fill, I 1 11 2t52:t0 t{ 4 t J tI? 10 }+ t 'i :.?s 12/20/08 LINER { ,} J f I LAYDOWN AREA JrV j j t 4.1 ACRES f (APPROX.)r 11 C3 :? ? I i r r// r r I Z! A x 2 J t t 27 t9 R / , ( .,P,.P-•° 2748.7 zt^7 , ,. w•.? n x IARAI4 ASHf<VtLCE?EGiO)dL All t ' 027(28 INSPECTIO °r H.7S C010k14C F.IOiiTi` ' ntn ? t9a ar tr¢ tttttttttt:. iz 1 _ se toa?oo- w came MXME !t i - _ f, t • a1n1a It 11 f' A .?rf ? ? w'4 13 f• r 1 f I ? ?\ f ..?-r .111 ? 1 J 10 I. ` 'I C NEL b?C t [ i' I ? .i ? ? i r f ,i tC4 , •?....: I ? • f i .. b ? 1 ` r-k. r ?? NSF f 't :110 ?. p -W"N `?. ?? ?? afeo7 `' 1 1 .ao IN 4.400 :l: • k - f{ • r ' ___ ??„rr sl'7 ---•. afoul ` i .14 s3 =YI4a! x81437 v A 1? it D 4 •? _ 1 ?i' l., '` ' rr 111 ' ti ps To: Mr. Randy Keller - Charah Inc. From: Tim Silar - Silar Services Incorporated Date: April 15, 2008 Subject: Hydrogeologic Assessment Status Report Charah Inc. (Charah) has requested that Silar Services Incorporated (SSi) conduct a hydrogeologic assessment to addresses requirements related to Permit Number WQ0000020 issued by the North Carolina Department of Environment and Natural Resources (NCDENR), specifically - evaluate seasonal high water table as per section II. Operation and Maintenance Requirements, 9b. To accomplish this objective groundwater monitoring wells will be installed and initial water level data have been collected. These activities are summarized below. Monitoring Well Installation Four monitoring wells were installed in early January 2008 to provide groundwater elevation measuring points and thereby an understanding of groundwater conditions. The monitoring wells will be installed by a Geologic Exploration from Statesville, NC using hollow-stem auger and air rotary techniques and constructed in accordance with Federal and State guidelines. The location of the monitoring wells is illustrated on Figure 1. A summary of the monitoring wells construction is included in Table 1. Monitoring wells were screened across the water table (first water). Water Level Measurements Continuous water level measurements have been collected from monitoring wells MW-1 and MW-2 to gain requisite data to access the seasonal high water elevation. Measure are collected with in well pressure transducer at a frequency of one reading every ten minutes. A summary of water level elevation from MW-1 from January 4 to March 4, 2008 are included in Figure 2. This data indicated that the groundwater water elevation has fluctuated in a narrow range from approximately 2,087.3' to 2,088.7' above mean sea level (MSL). Summary Four monitoring wells were installed to evaluate groundwater elevation in the project area. Water levels collected to data indicates that groundwater elevations fluctuate in a narrow range with a maximum groundwater elevation of less than 2,089' MSL. Hydrogeologic Assessment Status Report April 15, 2008 Charah Asheville Regional Airport SS. TABLES Hydrogeologic Assessment Status Report April 15, 2008 Charah Asheville Regional Airport Table 1 Monitoring Well Construction Summary Charah Asheville Regional Landfill Fletcher, North Carolina Annular Fill Material Well ID. Well Depth (TOC) TOC (MSL) Ground Surface Elevation (MSL) Screen Interval (feet bgs) Sand Interval (feet bgs) Seal Interval (feet bgs) Concrete Interval (feet bgs) MW-1 23 2,098.94 -2,096.5 23-8 23-6 6-4 4-0 MW-2 25 2,117.70 -2,115.5 25-15 25-13 13-11 11-0 MW-3 60 2,147.76 -2,145.5 60-30 60-27.7 17.7-24.8 24.8-0 MW-4 41 2,143.73 2,141.5 41-31 41-29.2 29.2-27 27-0 Notes: bgs - Below Ground Surface TOC - Top of Well Casing FIGURES Hydrogeologic Assessment Status Report April 15, 2008 Charah Asheville Regional Airport Figure 2 - MW-1 Groundwater Elevations - January - March 2008 2089 2088.5 2088 C 0 a, w 2087.5 - Elevation 2087 2086.5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O' O' O• O• O. O. O. O. O. O. O' O. O. O• O• O• O' O. O` O. O' O. O. O. O• O. O• O. O' O' O• 00? 00? OO'b 00? 00? 00? 00? OO'b 00? 00? OO'b O?? OO'b OO'b 00? 00? 00? 00? 00? 00? OO'b 00? OO'b OO'b 00? OO'b OO'b OO'b 00? 00? 00? Time