Loading...
HomeMy WebLinkAbout20170359 Ver 1_401 Application_20170317McGill A S S 0 C I A T L S March 23, 2017 2 NC DWQ, WBSCP Unit 1650 Mail Service Center 512 North Salisbury Street Raleigh, NC 27604 RE: Grandfather Golf and Country Club Lake Dredging Project Pre -Construction Notification, NWP #3 Avery County, North Carolina Dear Sir or Madam: On behalf of our client, Grandfather Golf and Country Club, please find the enclosed Pre - Construction Notification (PCN) application for the referenced project dated March 15, 2017. The purpose of the project is to remove Pete's Island and mechanically dredge approximately 42,000 cubic yards of sediment material from the inlet section (approx. 6.19 -acres) of Loch Dornie, located on the Grandfather Golf and Country Club property. The removal of Pete's Island and the sediment material will improve flow, reduce downstream sedimentation, eliminate the maintenance problems associated with unwanted vegetation in the lake bed, and improve the aesthetics of the lake. A NWP-3 is requested to complete the proposed work. Please see the attached copy in the PCN application. Four copies of the PCN application along with a check for $570.00 are being provided to the North Carolina Department of Environmental Quality, WBSCP Unit. Copies have also been provided to the US Army Corps of Engineers, North Carolina Wildlife Resource Commission, and the United States Fish and Wildlife Service. McGill Associates, P.A. is the Authorized Agent (form included) and should be copied on all project correspondence. Please let us know if you have any questions or comments. Sincerely, MCGIL S Jo Vilas Pr ram Services Manager- Environmental cc: Mr. RJ Mozeley, P.E. — Project Engineer Mr. Andrew Moore — NC DEQ — Land Quality Mr. Zach Platek — Grandfather Golf & Country Club H:\Projects'2015 PROJECTS15.01109 GRANDFATHER GOLF &COUNTRY CLUB - Envimninmal Pennits. E n v i r o n m e n t a 1 0 P I a n n i n g F i n a n c e McGillAssociates, P.A. - 468 Not Marko Blvd. Ste. B, Boone. North Carolina 28607 Office.- t82N) 386-1920 - Fax: WS) 386-1923 Preliminary ORM Data Entry Fields for New Actions SAW — 2017 - BEGIN DATE [Received Date]: Prepare file folder F-1 Assign Action ID Number in ORMF1 1. Project Name [PCN Form A2a]: GGCC Lake Dredging Project 2. Work Type: Private 17 Institutional 11 GovernmentFl Commercial 3. Project Description / Purpose [PCN Form 133d and 133e]: The project proposes the mechanical dredging of Loch Dornie, Grandfather Golf and Country Club. 4. Property Owner / Applicant [PCN Form A3 or A4]: Grandfather Golf and Country Club 5. Agent / Consultant [PCN Form A5 — or ORM Consultant ID Number]: John C. Vilas, McGill Associates, P.A. 6. Related Action ID Number(s) [PCN Form 135b]: 2015-02103 7. Project Location - Coordinates, Street Address, and/or Location Description [PCN Form 131b): Latitude: 35.0965 Longitude: - 81.8537 8. Project Location -Tax Parcel ID [PCN Form Bla]: 185600862336 9. Project Location —County [PCN Form A2b]: Avery 10. Project Location — Nearest Municipality or Town [PCN Form A2c]: Linville 11. Project Information — Nearest Waterbody [PCN Form 132a]: Linville River 12. Watershed / 8 -Digit Hydrologic Unit Code [PCN Form 132c]: 03050101 Authorization: Section 10 F-1 Section 404 7 Section 10 & 404 F1 Regulatory Action Type: Standard Permit Nationwide Permit# 3 Regional General Permit # F-1 Jurisdictional Determination Request Pre -Application Request Unauthorized Activity Compliance No Permit Required Revised 20150602 Office Use Only: Corps action ID no. DWQ project no. Form Version 1.3 Dec 10 2008 Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version Pre -Construction NN61ificattloinjPCN) Form A. Applicant Information 2 0 1 7 0 3 5 1. Processing 1 a. Type(s) of approval sought from the Corps: Z Section 404 Permit El Section 10 Permit I 1 b. Specify Nationwide Permit (NWP) number: 3 or General Permit (GP) number: 1 c. Has the NWP or GP number been verified by the Corps? Z Yes No 1 d. Type(s) of approval sought from the DWQ (check all that apply): Fj 401 Water Quality Certification — Regular F] Non -404 Jurisdictional General Permit F� 401 Water Quality Certification — Express 0 Riparian Buffer Authorization 1 e. Is this notification solely for the record because written approval is not required? For the record only for DWQ 401 Certification: Z Yes [_1 No For the record only for Corps Permit: El Yes Z No 1f. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee program. El Yes Z No 1 g. Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h below. El Yes Z No 1 h. Is the project located within a NC DCM Area of Environmental Concern (AEC)? 1 1:1 es Z No 2. Project Information 2a. Name of project: Grandfather Golf and Country Club Lake Dredging Project 2b. County: Avery 2c. Nearest municipality / town: Linville 2d. Subdivision name: Grandfather Golf and Country Club 2e. NCDOT only, T.I.P. or state project no: 3. Owner Information 3a. Name(s) on Recorded Deed: Grandfather Golf and Country Club 3b. Deed Book and Page No. 70/217 3c. Responsible Party (for LLC if applicable): Zach Platek, CCM, General Manager, Grandfather Golf and Country Club 3d. Street address: PO Box 368 3e. City, state, zip: Linville, NC 28646 3f. Telephone no.: (828) 898-4531 3g. Fax no.: (828) 898-5149 3h. Email address: zplatek@grandfatherclubnc.com Page 1 of 14 PCN Form — Version 1.3 December 10, 2008 Version 4. Applicant Information (if different from owner) 4a. Applicant is: Agent Z Other, specify: Owner 4b. Name: 4c. Business name (if applicable): 4d. Street address: 4e. City, state, zip: 4f. Telephone no.: 4g. Fax no.: 4h. Email address: 5. Agent/Consultant Information (if applicable) 5a. Name: John C. Vilas 5b. Business name (if applicable): McGill Associates, P.A. 5c. Street address: 3764 Rominger Rd. 5d. City, state, zip: Banner Elk, NC 28607 5e. Telephone no.: (828) 297-6946 5f. Fax no.: 5g. Email address: john.vilas@mcgillengineers.com Page 2 of 14 B. Project Information and Prior Project History 1. Property Identification la. Property identification no. (tax PIN or parcel ID): 185600862336 1 b. Site coordinates (in decimal degrees): Latitude: 35.0965 Longitude: - 81.8537 (DD.DDDDDD) (-DD.DDDDDD) 1 c. Property size: 241.73 -acres 2. Surface Waters 2a. Name of nearest body of water (stream, river, etc.) to proposed project: Linville River 2b. Water Quality Classification of nearest receiving water: C;Tr 2c. River basin: map is available at hftp://h2o.enr.state.nc.us/admin/maps/ Catawba Page 3 of 14 PCN Form — Version 1.3 December 10, 2008 Version 3. Project Description 3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application: The prowect site includes an existing lake (Loch Dornie) on the Linville River with an earthen dam, several existing roadways and a spoils area, all located on the Grandfather Golf and Country Club property (see Location Map). Several islands, including Pete's Island, and a boardwalk are present on the lake. The general use in the surrounding area is for residential and recreational use associated with the club and golf course. The inlet section of the lake (approx. 6.19 -acres) has b2come filled in with sediment and silt creating maintenance and aesthetic issues. Flow is beinci restricted, causing turbidity during high water events, and vegetation within the lake has become a maintenance issue during the growing season. 3b. List the total estimated acreage of all existing wetlands on the property: Wetlands have not been delineated oast the scope of the prooect site. No Ourisdictional wetlands found within the 1)ro'ect area. 3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: Tributaries have not been delineated past the scope of the progect site. No Ourisdictional tributaries found within the proffiect area. 3d. Explain the purpose of the proposed project: The purpose of the proposed Dro*ect is to remove Pete's Island and mechanically dredge approximately 42,000 cubic yards of sediment material from the inlet section (approx. 6.19 -acres) of Loch Dornie, located on the Grandfather Golf and Country Club property (see Overview Mar)). The removal of Pete's Island and the sediment material will improve flow, reduce downstream sedimentation, eliminate the maintenance problems associated with unwanted vegetation in the lake bed, and improve the aesthetics of the lake. Page 4 of 14 3e. Describe the overall project in detail, including the type of equipment to be used: Loche Dornie water levels will be lowered prior to dredging activities to ensure that work can be completed in the dry. Proposed work includes the construction of a temporary access ramp into Area of Interest #1 — Pete's Island and Inner Laaoon at an existina rip rai) and stone ixotected area located off of the 181 fairway (see Overview Mar) and Photo Sheets). All eauipment will enter and exit the lake from this single access. Four areas are proposed to be mechanically dredged (see Area of Interest Figures): 1). Pete's Island and Inner Lagoon — Awrox. 80,000 SF or 1.84 -acres. Estimated volume of dredge material at 2-8 foot depth of cut = 14.8k CY. 2). Outer Lagoon — Approx. 100,000 SF or 2.30 -acres. Estimated volume of dredge material at 2-8 foot depth of cut 18.5k CY. 3). Linville River Channel — 46,000 SF or 1.06 -acres. Estimated volume of dredge material at 2-3 foot depth of cut = 4.3k Cy. 4). Western Bypass Channel — 43,000 SF or 0.99 -acres. Estimated volume of dredge material at 2-3 foot depth of cut 4.Ok CY. Once lake levels have been drawn down, the upl)er lagoon and channel areas will be allowed to drain until these areas are accessible and material has dewatered. Flow from the Linville River will be diverted to the western bypass channel with existing material and/or sand bags, shutting off flow to the Linville River channel and lagoon area side of the dredging area. Silt fencing will be installed along the remaining channel flow to eliminate sedimentation during excavation. A turbidity curtain will be installed in standing water downstream of the dredging area to limit sedimentation into the main body of the lake. Once the lagoon area and Linville River channel have been excavated to original lake bed elevations, flow will be diverted back to the Linville River Channel to allow for dredging of the remaining lagoon area and Western Bypass Channel. Silt fence will be installed along the remaining channel flow to eliminate sedimentation during excavation. During dredging activities, any material that has not sufficiently dewatered will be side cast within the dredging area to allow for dewatering before removal. Silt fence will be installed around any dewatering areas to grevent sediment release. Dredged material will be transported via truck to an existing spoils and garden area within Grandfather Golf and Country Club Exoperty located on South Wildflower Road (see Overview Map). The spoils area will be accessed via the 18 th fairway and existing paved roads within the Proi)erty. The existing swils and garden area is a Previously graded and cleared site awrox. 1.6 -acres in size with a greenhouse, storage shed, and larcie garden. All structures will be removed and the entire area used for spoils material. Prior to receiving dredged material, silt fence will be installed around the perimeter of the spoils area as needed to Drevent sediment run off. Dred-ged material will be -graded out as fill within the spoils area and permanently seeded with erosion control and native seed mixes and mulched won completion. Uoon dredging completion, the lake access point and any other disturbed shoreline areas will be graded back to original contours and elevations and stabilized with coir matting and seeded with an erosion control seed mix and native NC mountains wetland seed mix. Lake levels will then be allowed to return to full capacity. The turbidity curtain will stav in place until the new lake bed has settled and sedimentation is no longer an issue. The proposed promect is scheduled to take place during the winter off-season when Grandfather Golf and Country Club is closed to avoid disturbing homeowners and guests and for safety issues. This is also during the trout moratorium from October 15 to April 15. By drawing down lake levels and performing work in the dry, impacts to downstream trout habitat should be avoided. Tyi)ical excavation eaubment will be used includina dumr) trucks, skid steers, bulldozers, and excavators. Page 5 of 14 4. Jurisdictional Determinations 4a. Have jurisdictional wetland or stream determinations by the Corps or State been requested or obtained for this property project (including all prior phases) in the past? Z Yes E] No Unknown Comments: Jurisdictional stream and wetland determinations were requested for previous prowects listed below. 4b. If the Corps made the jurisdictional determination, what type Preliminary El Final of determination was made? 4c. If yes, who delineated the jurisdictional areas? Agency/Consultant Company: McGill Associates, P.A. Name (if known): I Other: 4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation. 5. Project History 5a. Have permits or certifications been requested or obtained for Z Yes 0 No El Unknown this project (including all prior phases) in the past? 5b. If yes, explain in detail according to "help file" instructions. McGill Associates, P.A. knows of three prior prolects that may or may not have been permitted on the Grandfather Golf and Country Club property. A NWP #27 application was submitted for a channel restoration/stabilization prooect on the Linville River. A beach improvement/expansion promect was completed in 2013, and a utility line progect was completed in 2012. In 2015, a NWP #3 was permitted for maintenance to the outlet structure, irrigation intake structure, and toe of the dam on Loch Dornie (Action ID. 2015-02103). These pro4ects are unrelated excer)t for gEgKjal� 6. Future Project Plans 6a. Is this a phased project? El Yes Z No 6b. If yes, explain. Page 6 of 14 C. Proposed Impacts Inventory 1. Impacts Summary 1 a. Which sections were completed below for your project (check all that apply): M Wetlands El Streams - tributaries El Buffers Z Open Waters Pond Construction 2. Wetiand Impacts If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted. 2a. 2b. 2c. 2d. 2e. 2f. Wetland impact Type of jurisdiction number - Type of impact Type of wetland Forested (Corps - 404, 10 Area of impact Permanent (P) or (if known) DWQ - non -404, other) (acres) Temporary (T) W1 Ej P Fj T El Yes El Corps [-] No El DWQ W2 El P M T El Yes El Corps [:J No Ej DWQ W3 El P F1 T EI Yes [--] Corps El No El DWQ W4 P F� T El Yes [-] Corps [] No El DWQ W5 P M T El Yes El Corps El No [-I DWQ W6 E] P M T El Yes [:1 Corps El No E] IDWQ 2g. Total wetland impacts 2h. Comments: 3. Stream Impacts If there are perennial or intermittent stream impacts (including temporary impacts) proposed on the site, then complete this question for all stream sites impacted. 3a. 3b. 3c. 3d. 3e. 3f. 3g. Stream impact Type of impact Stream name Perennial Type of jurisdiction Average Impact number - (PER) or (Corps - 404, 10 stream length Permanent (P) or intermittent DWQ - non -404, width (linear Temporary (T) (INT)? other) (feet) feet) S1 F-1 P F1 T PER F-1 Corps F1 INT F1 DWO S2 P T F] PER El Corps F-1 INT El DWQ S3 P T El PER F1 Corps 0 INT F1 DWQ S4 P F1 T PER El Corps F-1 INT El DWQ S5 P Fj T PER El Corps INT DWQ S6 P [-] T PER Corps INT DWQ 3h. Total stream and tributary impacts I 3i. Comments: Page 7 of 14 4. Open Water Impacts If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S. then indiv" ually list all open wat r impacts below. 4a. Open water impact number — Permanent (P) or Temporary (T) 4b. Name of waterbody (if applicable) 4c. Type of impact 4d. Waterbody type 4e. Area of impact (acres) 01 E]PZT Loch Dornie Excavation Impoundment 6.19 02 [] PZT Loch Dornie Excavation Impoundment 0.002 03 E] P [:] T 04 [-1 P Ej T 4f. Total open water impacts 6.192 4g. Comments: Approx. 6.1 9 -acres of Temporary impacts associated with the mechanical dredging of the inlet area of Loch Dornie. Approx. 120 sa ft. of temporary shoreline imr)acts associated with the entrance and exit access ramp for mechanical dredaina eauipment. 5. Pond or Lake Construction If pond or lake construction proposed, th complete the chart below. 5a. PondID number 5b. Proposed use or purpose ofpond 5c. Wetland Impacts (acres) 5d. Stream Impacts (feet) 5e. Upland (acres) Flooded Filled Excavated Flooded Filled Excavated Flooded P1 P2 5f. Total 5g. Comments: 5h. Is a dam high hazard permit required? F1 Yes El No If yes, permit ID no: 5i. Expected pond surface area (acres): 5j. Size of pond watershed (acres): 5k. Method of construction: Page 8 of 14 6. Buffer Impacts (for DWQ) If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If any impacts require mitigation, then you MUST fill out Section D of this form. 6a. El Neuse El Tar -Pamlico El Other: Project is in which protected basin? El Catawba El Randleman 6b. 6c. 6d. 6e. 6f. 6g. Buffer impact number — Reason Buffer Zone 1 impact Zone 2 impact Permanent (P) or for Stream name mitigation (square feet) (square feet) Temporary (T) impact required? 131 [:] P F� T Yes No B2 EIPEIT El Yes No B3 [-] P [:1 T Yes El No 6h. Total buffer impacts 6i. Comments: Page 9 of 14 D. Impact Justification and Mitigation 1. Avoidance and Minimization 1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project. A single entrance and exit access will be used to move excavation equipment to and from the lake bed. The spoils area is existing and will not result in any impacts to 4urisdictional waters. The route from the dredging area to the spoils area was chosen to use existing roadways on site and to avoid imr)acts to any *urisdictional waters. b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques. Lake levels will be dropped odor to dredaing activities tP ensure that all excavation work will occur in the dry. Silt fence and a turbidity curtain will be utilized to Prevent downstream sedimentation. Control of seer)aqe water entering channel flow will be reauired during dred-ging. A dewatering plan will be submitted by the contractor and reviewed by the en-ginee prior to construction. Work will not be Derformed during rain events. Disturbed shoreline will be stabilized using coi matting material and seeded with native NC wetland mix immediately following dredgina completion. 2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State 2a. Does the project require Compensatory Mitigation for impacts to Waters of the U.S. or Waters of the State? EI Yes No 2b. If yes, mitigation is required by (check all that apply): El DWQ El Corps 2c. If yes, which mitigation option will be used for this project? El Mitigation bank El Payment to in -lieu fee program El Permittee Responsible Mitigation 3. Complete if Using a Mitigation Bank 3a. Name of Mitigation Bank: 3b. Credits Purchased (attach receipt and letter) Type Quantity 3c. Comments: 4. Complete if Making a Payment to In -lieu Fee Program 4a. Approval letter from in -lieu fee program is attached. El Yes 4b. Stream mitigation requested: linear feet 4c. If using stream mitigation, stream temperature: El warm 0 cool Ocold 4d. Buffer mitigation requested (DWQ only): square feet 4e. Riparian wetland mitigation requested: acres 4f. Non -riparian wetland mitigation requested: acres 4g. Coastal (tidal) wetland mitigation requested: acres 4h. Comments: Page 10 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Complete if Using a Permittee Responsible Mitigation Plan 5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan. 6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWO 6a. Will the project result in an impact within a protected riparian buffer that requires buffer mitigation? If yes, you will have to fill out this entire form — Please contact the State for more information. El Yes ED No 6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of mitigation required. Zone 6c. Reason for impact 6d. Total impact (square feet) Multiplier 6e. Required mitigation (square feet) Zone 1 3 (2 for Catawba) Zone 2 1.5 6f. Total buffer mitigation required: 6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee responsible riparian buffer restoration, payment into an approved in -lieu fee fund). 6h. Comments: Page 11 of 14 E. Stormwater Management and Diffuse Flow Plan (required by DWQ) 1. Diffuse Flow Plan la. Does the project include or is it adjacent to protected riparian buffers identified El Yes No within one of the NC Riparian Buffer Protection Rules? 1 b. If yes, then is a diffuse flow plan included? If no, explain why. El Yes El No Comments: 2. Stormwater Management Plan 2a. What is the overall percent imperviousness of this project? No change in site imperviousness. 2b. Does this project require a Stormwater Management Plan? El Yes Z No 2c. If this project DOES NOT require a Stormwater Management Plan, explain why: No stormwater rules using a NWP #3. 2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan: E] Certified Local Government 2e. Who will be responsible for the review of the Stormwater Management Plan? DWQ Stormwater Program DWQ 401 Unit 3. Certified Local Government Stormwater Review 3a. In which local government's jurisdiction is this project? Linville Townshii) El Phase 11 3b. Which of the following locally -implemented stormwater management programs F1 NSW EI USMP apply (check all that apply): El Water Supply Watershed 0 Other: None 3c. Has the approved Stormwater Management Plan with proof of approval been E-1 Yes El No attached? 4. DWO Stormwater Program Review El Coastal counties [_1 HQW 4a. Which of the following state -implemented stormwater management programs apply [] ORW (check all that apply): Session Law 2006-246 Other: None 4b. Has the approved Stormwater Management Plan with proof of approval been attached? El Yes Z No 5. DWQ 401 Unit Stormwater Review 5a. Does the Stormwater Management Plan meet the appropriate requirements? El Yes No 5b. Have all of the 401 Unit submittal requirements been met? El Yes No Page 12 of 14 PCN Form — Version 1.3 December 10, 2008 Version F. Supplementary Information 1. Environmental Documentation (DWQ Requirement) 1 a. Does the project involve an expenditure of public (federal/state/local) funds or the El Yes Z No use of public (federal/state) land? 1 b. If you answered "yes" to the above, does the project require preparation of an environmental document pursuant to the requirements of the National or State El Yes No (North Carolina) Environmental Policy Act (NEPA/SEPA)? 1 c. If you answered "yes" to the above, has the document review been finalized by the State Clearing House? (if so, attach a copy of the NEPA or SEPA final approval letter.) El Yes F1 No Comments: 2. Violations (DWO Requirement) 2a. Is the site in violation of DWQ Wetland Rules (15A NCAC 2H .0500), Isolated Wetland Rules (1 5A NCAC 2H .1300), DWQ Surface Water or Wetland Standards, El Yes No or Riparian Buffer Rules (1 5A NCAC 2B .0200)? 2b. Is this an after -the -fact permit application? El Yes No 2c. If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s): 3. Cumulative Impacts (DWQ Requirement) 3a. Will this project (based on past and reasonably anticipated future impacts) result in EJ Yes No additional development, which could impact nearby downstream water quality? 3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent DWQ policy. If you answered "no," provide a short narrative description. No change from the original or intended uses no extension of services. 4. Sewage Disposal (DWO Requirement) 4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. No sewage d sposal associated with this proffiect. Page 13 of 14 PCN Form — Version 1.3 December 10, 2008 Version 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or D Yes No habitat? 5b. Have you checked with the USFWS concerning Endangered Species Act El Yes No impacts? El Raleigh 5c. If yes, indicate the USFWS Field Office you have contacted. El Asheville 5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? http://www.fws.-gov/raleigh/species/cntVIist/avery.html, https://www.fws.-gov/asheville/pdfs/NLEB-4DRule- AvervUi)date Junel 2016.od The Northern long-eared bat has confirmed habitat in Avery County, however, the proposed Pro4ect is not within a known hibernation or maternity site. The prolect does not involve the removal of any trees. Access to the spoils area exists on existing roads and maintained areas. 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as essential fish habitat? Yes No 6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat? http://w,vw. habitat. noaa. gov/p rotection/ef h/ef hm apper/index. html 7. Historic or Prehistoric Cultural Resources (Corps Requirement) 7a. Will this project occur in or near an area that the state, federal or tribal governments have designated as having historic or cultural preservatio r! El Yes No status (e.g., National Historic Trust designation or properties significant in North Carolina history and archaeology)? 7b. What data sources did you use to determine whether your site would impact historic or archeological resources? North Carolina State Historic Preservation Off ice- http://,Qis.ncdcr.-gov/hpoweb/. 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA -designated 100 -year floodplain? E Yes EJ No 8b. If yes, explain how project meets FEMA requirements: Pro'ect does not involve the addition of any fill material. 8c. What source(s) did you use to make the floodplain determination? N.C. Flood Risk Information System: htti)://fris.ne.gov/fris/Index.aspx?FIPS=021&ST=NC&user=General�/�2OPublic John C. Vilas 3/15/17 Applicant/Agent's Printed Name Date Appl6ant/Agent's Signature (Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 14 of 14 SAMPLE AGENT AUTHORIZATION FORM PROPERTY LEGAL DESCRIPTION: LOT NO. N/A - PLAN NO. N/A PARCEL ID: 185600862336 STREET ADDRESS: 2120 NC -105 LINVILLE, NC 28646 Please print: Property Owner: GRANDFATHER GOLF AND COUNTRY CLUB Property Owner: The undersigned, registered property owners of the above noted property, do hereby authorize JOHN C. VILAS of MCGILL ASSOCIATES. P.A. (Contractor / Agent) (Name of consulting firm) to act on my behalf and take all actions necessary for the processing, issuance and acceptance of this permit or certification and any and all standard and special conditions attached. Property Owner's Address (if different than property above): Telephone: 828-898-4531 We hereby certify the above information submitted In this application is trie and accurate to the best of our knowledge. Authorized Signature Date: Au zed Signatu Da S.�en De�ils 11 0 sufai, S.9. Mountain ....... if Rd 01 41 "- li"Of lid e"v Linville �q Ae, ,kp b Sources: Esri. HERE, Del-orme, USGS, Intermap. increment P Corp., w E 4,000 2,000 0 4,000 Feet NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esn (Thailand), TomTom, Mapmylndia, 0 OpenStreetMap contributors, and the GIS User Community Location Map Grandfather Golf and Country Club M C G1'6 I I MASSOCIATES Lake Dredging Project Fcbruary 14, 2017 Avery County, N.C. ENVIRONMENTAL - PLANNING - FINANCE 468 NEWMARKET BLVD. STE.B. BOONL.NC 28607 PH.(828)396-1920 ' rr 'Y W1 SITE' t ;Olt - 3460-�7 "00 J((v -J & 2773 - ow 497 'X W 1� ilk 7 4*00 Y --N % 0 6 J". --N -)Vlk J 'C N -77 -'00 w r 2,000 1.0m 0 2,000 Feet a h qU Topographic Map Grandfather Golf and Country Club Lake Dredging Project McGill February 14, 2017 Avery County, N.C. A S S 0 C I A T E S ENVIRONMENTAL - PLANNING - FINANCE 468 NEWMARKET BLVD. STE.B, BOONE,NC 28607 PH.(828)386-1920 N E A of GRANDFATHER GOLF AND COUNTRY CLUB OVERVIEW MAP LOCH DORNIE LAKE DREDGING PROJECT PROJECT # 'McGi*fl 15.01109 �� A S S 0 C I A T IS S FEBRUARY 15,2017 AVERY COUNTY, ENVIRONMENTAL o FINANCE NORTH CAROLINA 468 NEW MARKET BLVD. STE B BOONE, NC 2860-7 PH. (828) 386-1920 I "I Area of Interest #1 — Pete"s Island & Inner Lagoon — 80,000 SF — 1.84 AC Estimated volume of dredge material at 2-8 foot depth of cut = 14.8k CY Area of I nterest #2 — Outer Lagoon — 100,000 SF or 2.30 AC Estimated volume of dredge material at 2-8 foot depth of cut = 18.5k CY A Area of I nterest #3 —Linville River Channel - 461000 SF or 1.06 AC Estimated volume of dredge material at 2-3 foot depth of cut 4.3k CY -�7 , W-4 I _�x * mow& Area of Interest #4 — Western Bypass Channel - 43,000 SF or 0.99 AC Estimated volume of dredge material at 2-3 foot depth of cut 4. Ok CY Photo One: View looking southwest at forebay area Photo Two: View looking west at forebay area with boardwalk and islands visible in photo. This with Pete's Island visible in center of photo. Pete's area to be mechanically dredged. Island to be removed and forebay area mechanically dredged. Ad Photo Three: View looking northwest at main Photo Four: View looking north at access point forebay area. This area to be mechanically dredged. along the 18th fairway. All equipment needed for mechanical dredging will enter and exit the lake from this point. GRANDFATHER GOLF and PHOTO SHEET I PROJECT # COUNTRY CLUB nMcGill FEBRUARY 15,2017 15.01109 ASSOCIATES AVERY COLTNTY, NORTH CAROLINA ENVIRONMENTAL - FINANCE 1 468 NEV MARKFr BLVD. STE B BOONF, NC 2W PH. (828) 386-19-10 Photo Five: View looking south at forebay area Photo Six: View looking south at eastern channel from lake access point. above main forebay. This area to be mechanically dredged. Photo Seven: View looking south at western Photo Eight: View looking southeast at the 18th channel above main forebay. This area to be fairway. Loch Dornie visible in rear of photo. The mechanically dredged. route to the spoils area will parallel the tree line in the right of the photo. GRANDFATHER GOLF and PHOTO SHEET 2 PROJECT # COUNTRY CLUB OMCGRI FEBRUARY 15,2017 15.01109 ASSOCIATES AVERY COUNTY, NORTH CAROLINA ENVIRONMENTAL * FINANCE 1 469 XEW MARKEr BLVD. STE B BOONE, NC 2W PH. (828) 3V�1920 4", Photo Nine: View looking south at existing spoils Photo Ten: View looking north at existing spoils area where dredged material will be deposited. area where dredged material will be deposited. GRANDFATHER GOLF and PHOTO SHEET 3 PROJECT # COUNTRY CLUB aMcGill FEBRUARY 15,2017 15.01109 A S S 0 C I A T E S AVERY COLNTY, NORTH CAROLINA ENVIRONMENTAL * FINANCE 1 468 NEW MARM BLVD. RE B BOONE NC 2KW PH. (8N) 386-1920 36- 6 13"N 36* 555"N Soil Map --Avery County, North Carolina (GGCC - Lake Dredging) 4230% 423150 423210 423270 423330 Map Scale: 1:2,690iflorinted on A portrat(8.5" x 11") sheet. Meters N 0 35 70 140 210 — Feet 0 10D 200 400 60D A Map projection: Web Mercator Comer coordinates: WGS84 Edge tics: LTrM Zone 17N WG584 usDA Natural Resources Web Soil Survey Conservation Service National Cooperative Soil Survey 1 36- 6 13" N 360 5 55'N 423390 423450 2/15/2017 Page 1 of 3 MAPLEGEND Area of Interest (ACII) F7 Area of Interest (AOI) Soils Soil Map Unit Polygons Soil Map Unit Lines 13 Soil Map Unit Points Special Point Features wo Blowout Borrow Pit Clay Spot Closed Depression X Gravel Pit Gravelly Spot iP Landfill Lava Flow Marsh or swamp Mine or Quarry Miscellaneous Water Perennial Water Rock Outcrop Saline Spot Sandy Spot ti:�- Severely Eroded Spot Sinkhole Slide or Slip Sodic Spot Soil Map�--Avery County, North Carolina (GGCC - Lake Dredging) Spoil Area Stony Spot Very Stony Spot Wet Spot Other Special Line Features Water Features Streams and Canals Transportation Rails Interstate Highways US Routes Major Roads Local Roads Background M Aerial Photography MAP INFORMATION The soil surveys that comprise your A01 were mapped at 1:12,000. Warning: Soil Map may not be valid at this scale. Enlargement of maps beyond the scale of mapping can cause misunderstanding of the detail of mapping and accuracy of soil line placement. The maps do not show the small areas of contrasting soils that could have been shown at a more detailed scale. Please rely on the bar scale on each map sheet for map measurements. Source of Map: Natural Resources Conservation Service Web Soil Survey URL: Coordinate System: Web Mercator (EPSG:3857) Maps from the Web Soil Survey are based on the Web Mercator projection, which preserves direction and shape but distorts distance and area. A projection that preserves area, such as the Albers equal-area conic projection, should be used if more accurate calculations of distance or area are required. This product is generated from the LISDA-NRCS certified data as of the version date(s) listed below. Soil Survey Area: Avery County, North Carolina SurveyAreaData: Version 21, Sep 19, 2016 Soil map units are labeled (as space allows) for map scales 1:50,000 or larger. Date(s) aerial images were photographed: 0022,2010—Mar 17,2011 The orthophoto or other base map on which the soil lines were compiled and digitized probably differs from the background imagery displayed on these maps. As a result, some minor shifting of map unit boundaries may be evident. USDA Natural Resources Web Soil Survey 2/15/2017 Conservation Service National Cooperative Soil Survey Page 2 of 3 Soil Map—Avery County, North Carolina Map Unit Legend GGCC - Lake Dredging Avery County, North Carolina (NCO11) Map Unit Symbol Map Unit Name Acres In A01 Percent of AOI DeB Deltwood cobbly sandy loam, 1 2.0 14.3% to 5 percent slopes, occasionally flooded SrC Spivey-Whiteoak complex, 8 to 0.4 3.2% 15 percent slopes, very bouldery UdC Udorthents-Urban land 4.7 33.9% complex, 2 to 15 percent slopes W Water 6.7 48.6% Totals for Area of Interest 13.7 100.0% uSDA Natural Resources Web Soil Survey 2/1512017 Conservation Service National Cooperative Soil Survey Page 3 of 3 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by fiollowing the instructions provided in Section IV of the JD Form Instructional Guidebook, SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): B. DISTRICT OFFICE, FILE NAME, AND NUMBER: C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Avery City: Linville Center coordinates of site (lat/long in degree decimal format): Lat. 36.0976' N, Long. -81.85270 W. Universal Transverse Mercator: 576757.89 E, 3995110.34 N Name of nearest waterbody: Linville River Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Catawba River Name of watershed or Hydrologic Unit Code (HUQ: 03050101 Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offshe 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 APPLV): Office (Desk) Determination. Date: Field Determination. Date(s): SECTION II: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. I'liere Are ao "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] 0 Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or maybe susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There Are "waters ofthe 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. 2. Indicate presence of waters of U.S. in review area (check all that apply).* TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent waterS2 (RPWs) that flow directly or indirectly into TNWs El Non-RPWs that flow directly or indirectly into TNWs El Wetlands directly abutting RPWs that flow directly or indirectly into TNWs [I Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs E] Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters. including isolated wetlands Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet: width (ft) and/or 32 (lake) acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: 1987 Delineation Manual Elevation of established OHWM (if known): Non-regulated waters/wetlands (check if applicable):3 E] Potentially jurisdictional waters and/or wetlands were assessed within the review area and deten-nined to be not jurisdictional. Explain: Boxes checked below shall be supported by completing the appropriate sections in Section III bclo'A. For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typically flows year-round or has continuous flow at least "seasonally" (e.g-, typically 3 months). ' Supporting �Iocumentation 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.I. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.] and 2 and Section III.D.I.; otherwise, see Section III.B below. 1. TNW Identify TNW: Summarize rationale supporting determination: 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent": B. CHARACTERISTICS OF TRIBUTARV (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANV): 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 Raponos 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 welland 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 11LB-3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section III.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (I) General Area Conditions: Watershed size: acres Drainage area: square milles Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: El Tributary flow -s directly into TNW. El Tributary flows through Pick List tributaries before entering TNW. Project waters are Pick List river miles fromTNW. Project waters are Flick List river miles from RPW. Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick Ust aerial (straight) miles from RPW. Project waters cross Or serve as state boundaries. Explain: Identify flow route toTNW': Tributary strcam order. if known: ' Note that the Instructions) 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: E] Natural E] Artificial (man-made). Explain: El Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply); 0 Silts El Sands F1 Concrete 0 Cobbles El Gravel El Muck 0 Bedrock 0 Vegetation. Type/O/o cover: 0 Other. Explain: Tributary condition/stability [e.g., highly eroding. sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) u2m�l Tributary provides for: Pick List Estimate averagenumlacr of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: El Dye (or other) test performed: Tributary has (check all that apply): F1 Bed and banks F] OH WM6 (check all indicators that apply): 0 clear, natural line impressed on the bank E] El changes in the character of soil El El shelving 13 El vegetation matted down, be% or absent 0 0 leaf litter disturbed or washed away El El sediment deposition El water staining E] other (list): 7 El Discontinuous OHWM . Explain: the presence of litter and debris destruction of terrestrial vegetation the presence of wrack I ine sediment sorting scour multiple observed or predicted flow events abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWAjurisdiction (check all that apply): High Tide Line indicated by: [] Mean High Water Mark indicated by: 0 oil or scum line along shore ol�lccts survey to available datum; C] fine shell or debris deposits (foreshorc) physical markings; El physical mark- ings/characterist ics vegetation lines/changes in vegetation types. tidal gauges other (list): (iii) Chemical Characteristics: Characterize tributary (e.g., water color is clear. discolored, oily film; water quality; general watershed characteri sties, ctc.). Explain: Identify specific pollutants, if known: ('A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.,-., where the stream temporarily flows underground, at where tile 014WM 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): E] Riparian corridor. Characteristics (type. average width): Non-existent El Wetland fringe. Characteristics: r-1 Habitat for: Federally Listed species. Explain findings: Fish/spawn areas. Explain findings: Other crivironmentally-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 Wctland Characteristics: Properties: Wetland size: acres Weiland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick List. Explain: Surface flow is: Pick List Characteristics: Subsurface flow: Pick List. Explain findings: El Dyc (or other) test performed: (c) Wetland Adiacency Determination with Non-TNW: F1 Directly abutting El Not directly abutting 0 Discrete wetland hydrologic connection. Explain: [I Ecological connection. Explain: ED Separated by berni/barrier. Explain: (d) Proximity (Relationshin) to TNW Project wetlands are Pick list river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick Ust. Estimate approximate location of wetland as within the Pick LiM 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: (ill) Biological Characteristics. Wettand supports (check all that apply): Riparian buffer. Characteristics (type, average width): . Vegetation type/perccnt cover. Explain: . El Habitat for: 0 Federally Listed species. Explain findings: E] Fish/spawn areas. Explain findings: D Other environmental ly-sensiti ve species. Explain findings: . F] Aquatic/wildlife diversity. Explain findings:. 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pick List Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (YIN) 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 (eg. 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 Rapanas 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). y r provide habitat and lifec cle 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 or any), have the capacity to transfer nutrients and organic carbon thal 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 IN W? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: 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 111.13: . D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLV): TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: El TNWs: linear feet width (ft), Or, acres. El Wetlands adjacent to IN Ws: acres. RFWs 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: Tributary is an approx. 32 acre lake, in line on the perennial Linville River with year round inflow and outflow. Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section 111.13. Provide rationale indicating that tributary flows seasonally: . Provide estimates for jurisdictional waters in the review area (check all that apply): [3 Tributary waters: linear feet width (fl). 19 Other non -wetland waters: 32 acres. Identify type(s) of waters: lake. 3. Non-RPWss that flow directly or indirectly into TNWs. 0 Waterbody that is not aTNW oran 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 (11). Other non -wetland waters: acres. ldcntif�, type(s) of waters: Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. 0 Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. C1 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 abufting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section I[l.B and rationale in Section III.D.2, above. Provide rationale indicating that wctiand 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. El 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 jurisidictionai. 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. F-1 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they arc adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section I I I.C. Provide estimates forjurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters! As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. [I Demonstrate that impoundment was created from "waters of the U.S.," or 0 Demonstrate that water mects the criteria for one of the categories presented above (1 -6), or 0 Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED JINTERSTATE OR INTRA-STATE1 WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANV SUCH WATERS (CHECK ALL THAT APPLY):'o 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: %ee Footnote # 3. To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. " Prior to assertiag or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA IIQ for review consistent with the process described in the Corps/EPA Mentorandum Regarding CIVA Act Jurisdidion Follauft Rapanos. Identify water body and summarize rationale supporting determination: Provide estimates Forjurisdictional waters in the review area (check all that apply): Tributary waters: linear feet width (11). Other non -wetland waters:32 acres. Identify type(s) of waterq:lake. Wetlands: acres. NONJURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): 0 If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetiand 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 �Lo [el on the "Migratory Bird Rule" (MBR). D Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: 0 Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area.. where the sole potential basis ofjurisdiction 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): 0 Non -wetland waters (i.e., rivers, streams): linear feet width (ft). 0 Lakes/ponds: acres. F-1 Other non -wetland waters; acres. List type of aquatic resource: 0 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 forjurisdiction (check all that apply): [I Non -wetland waters (i.e., rivers, streams): linear feet, width (ft). 0 Lakes/ponds: acres. 0 Other non-wctland waters: acres. List type of aquatic resource: n 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. 0 Office concurs with data sheets/delineation report. El Office does not concur with data sheetsldclincation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: F1 USGS NHD data. El USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Grandfather Mountain, NC USGS topo quad. USDA Natural Resources Conservation Service Soil Survey. Citation: National wetlands inventory map(s). Cite name: El SLate/Local wetland inventory map(s): E] FEMAIFIRM maps: E3 I 00 -year Floodplain Elevation is: (National Geodcctic Vertical Datum of 1929) Photographs: Aerial (Name & Date) -.NC OneMap. or Other (Name & Date): Field assessment photos- June 9, 2015. Previous deterinination(s). File no. and date of response letter Applicable/supporting case law: Applicabletsupporting scientific literature: Other information (please specify): B. ADDITJONAL COMMENTS TO SUPPORT JD: U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2015-02103 County: Avery U.S.G.S. Quad: INIC-Grandfather Mountain GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permitice: Grandfather Colf and Country Club / Zach Platek Address: P.O. Box 368 Linville, NC 2864 Telephone Number: 828-898-4531 Nearest Town: Linville Nearest Waterway: Linville River River Basin/ FIUC: Catawba Coordinates: 36.0958' N, -81.8520' W Location description: The project is located within the Grandfather Golf and Country Club, on Loch Dornie, Linville, Avery Countv, North Carolina. Description of projects area and activity This permit verification authorizes teninorary impacts to approximately 0.365 acre of Open water for a maintenace project on Loch Dornie in two locations. The lake will be drained to allow for access to the existine 24" CMP ofitlet pipe and irrization pipe. Area 11- 0.3 acre of open water will be impacted for construction of a temporary access road and coffer dam. The existing 24" CMP outlet will be slip -lined to restore hydraulic capacity. A valve access extension and 24" zate valve will be added. Area 2- 0.065 acre of open water will be impacted to access (lie existin irrieation intake nine and screen for maintenance. Access roads and the coffer dam will be removed after the project is complete. Applicable Law: Section 404 (Clean Water Act, 33 USC 1344) Section 10 (Rivers and Harbors Act. 33 USC 403) Authorization: Regional General Pen -nit Number or Nationwide Permit Number: 3 SFEATTACHED RGP or N11'P GENER4L, REGIONALA.ND SPECIAL CONDITMVS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated August 25, 2015 along with plan modifications r, noted in emails on October 20, 2015 and November 2, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide/regional authorization is modified_ suspended or revoked. If, prior to the expiration date identified below, the nationwide/re.gional pen -nit authorization is reissued and/or modified, this verification will rernain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide/regional permit. If the nationwide/regional permit authorization expires or is suspended, revoked, or is modified, such that the activitv would no Ion-eT Comply with the terms and conditions of the nationwide/regional permit, activities C, which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide/regional permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide/regional penilit's expiration, modification or revocation, unless discretionary authority has been exercised on a case-by-case basis to modify. suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurrinp- within the twenty coastal counties sub ect to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must ccntact the N.C. Division of Coastal Manauement. This Department of the Anny verification does not relieve the pennittee of' (lie responsibility to obtain any other required Federal. State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program. please contact Tasha Alexander at 828-271-7980, ext. 226 or tasha.l.alexander(a-, usace. army. in il. 2015-02103 '"4""/Date: Novembei-6,2015 Corps Regulatory Official:� 110 �' I , — A-66lia- Alexander Expiration Date of Verification: March 18, 2017 Determination of Jurisdiction: A. El Based on preliminary infori-nation, there appeaT to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Re ference 3 3 CFR Part 3 3 1 ). B. El There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. 0 There are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. n The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis for Determination: There are open waters located on the property that exhibit indicators of ordinary high water marks. The Open waters on the property are known as Loch Domie which is an impoundment on the Linville River. The Linville River flows into the Catawba River. The Catawba River is located in the Santee watershed and eventually drains to the Atlantic Ocean. Specifically. the Catawba Riverjoins the Santee -Cooper River in South Carolina before entering the Atlantic Ocean. Is a Section 10 water at the Mountain Island Lake Dam on Lake Wylie in Mecklenburg County. This jurisdictional determination is valid for the impact areas only. E. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence constitutes an approved jurisdictional determination for the above described site. If you ol�ject to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 33 1. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this deterniination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Roorn I OM 15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address within 60 days of the date below. 2015-02103 It is not necessary to subnidt"an RFA forin to (lie Division Oft -ice ifyou do not ol�ject to the determination in this correspondence." Corps Regulatory Official: \, J Tasha AlexAnder Issue Date ofJD: November 6,2015 Expiration Date ofJD: Five years ftoni Issue Date The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so. please complete our Customer Satisfaction Survey, located online at litlp://i-e!)tilatorv.tjsacestii-ve),.cojii/. Copy furnished: John Vilas. McGill Associates, P.A., 468 New Market Blvd. Ste. B, Boone, North Carolina 28607 201-5-02103 SPECIAL CONDITIONS In stream work is prohibited during the trout spawning season of October 15 through December 31. Please be advised that if additional impacts to waters of the U.S., either on this property or on/adjacent to this property and associated with this project/activity, are proposed at a later date, those impacts will be combined with the current impacts to waters of the U.S. and will be reviewed cumulatively. Generally, compensatory mitigation will be required if individual or cumulative (i.e., past and present) losses or degradation of waters of the U.S. are greater than 150 linear feet of perennial or intermittent stream channel and/or 0.1 acre of wetland. Additionally, cumulative impacts that result in the loss or degradation of greater than 300 linear feet of perennial or intermittent* stream channel, and/or 0.5 acre of wetland, will be processed under an Individual Permit. This verification of the use of the Nationwide Permit Programfor this project does not imply that this office will necessarily approve any future proposal to impact waters of the U.S. on this property and/or associated with this project/activity. * The District Commander has the ability to waive the 300 linear foot limit for intermittent streams on a case-by- case basis. All requests for waiver must be in writing and shall include rationale for the request. ActionlDNumber: 2015-02103 County: Avery Pennittee: Grandfather Golf and Country Club / Zach Platek Date Verification Issued: November 6. 20 15 Project Manager: Tasha Alexander r -- Upon completion ofthe activity authorized by this permit and any mitigation required by the pen -nit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn.: CESAW-RG-A 151 Patton Avenue, Room 208 Asheville, North Carolina 28801-5006 Please note that your permitted activity is subject to a compliance inspection by a U. S. Arrny Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the C:' Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced pen -nit has been completed in accordance with the terms and condition of the said pen -nit. and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hU:H%N,�%r",.u.-,ace.anuv.mil/Missions�/CivilWork-s/Rep-ulato!yProgralliandPennits.aspx or Corps regulations at 33 CFR Part 333 1. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the pen -nit document and return it to the district engineer for filial authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional deterininations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the forin to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address sorrie of your objections.. or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration. as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Pen -nit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered pen -nit (Standard or LOP) because of certain terrns and conditions therein,. you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal The approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section H of this forin and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Grandfather Golf and Country Club Zach Platek File Number: SAW -2015-02103 Date: November 6,2015 I Attached is: See Section below F11 INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C APPRO ED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at hU:H%N,�%r",.u.-,ace.anuv.mil/Missions�/CivilWork-s/Rep-ulato!yProgralliandPennits.aspx or Corps regulations at 33 CFR Part 333 1. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the pen -nit document and return it to the district engineer for filial authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional deterininations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the forin to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address sorrie of your objections.. or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration. as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Pen -nit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered pen -nit (Standard or LOP) because of certain terrns and conditions therein,. you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal The approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section H of this forin and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARYJURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If You wish. You may request an approved JD (which may be appealed). by contacting the Corps district for further instruction. Also)!OLI may provide new information for further consideration by the Corps to reevaluate the JD. SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMT REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons tbr appealing the decision or your objections to all initial proffered pennit in clear concise statements. You may attach additional information to this forril to clarif�, where your reasons or objections are addressed in the administrative record.) ADDITIONAL IN FORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review off icer has determined is needed to clari�v the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, You may provide additional information to clarify the location of information that is already in the adininistrative record. POINT OF CONTACT FOR QUESTIONS OR INFOR14ATION: If ou have q uestions regard i ng I his decision and/or the y If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division, Attn.: Mr. Jason Steele, Administrative Appeal Review Officer Tasha Alexander CESAD-PDO 828-271-7980 U.S. Arnly Corps of Engineers. South Atlantic Division 60 Forsyth Street. Room I OM 15 Atlanta. Georgia 30303-8801 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any govemment consultants. to conduct investigations of the project site during the course of the appeal process. You will be provided a IS day notice of any site investigation. and vvill have the opportuni ., to participate in all site investi !ations. Date: Telephone number: Signature of appel lant or &�ent. For appeals on Initial Proffered Permits send thisform to: District Engineer, Wilmington Regulatory Division, Attn.: Tasba Alexander, 69 Darlington Avenue.. Wilmington, North Carolina 28403 For Pernift denials, Proffered Permits and approved Jitrisdictional Determinationssend thisfonn to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room I OM 15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137