HomeMy WebLinkAbout20131200 Ver 5_6_AppendixD_AdditionalDelineation/JDInformationfor42-acreParcel_20170613I 2R, 1. RE, I I R
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jjf�w of the Anny ,N(I)FINR I , L' �
WHI-VIII-1-ton 1, )IsOict, of En-ine'er" N(,,-' DWR, 'Xeb�cap
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C Atin: Karell Hi�lygitl�
Mn: Scott M(,Undoll, Chiet R(',VUIa1C)rY I)ivls�()n
PO Box 1890 r� t 2 Norlh Salt shu'-YStrcet.
Vjjt-knlp)t()Ti, NC 840'12..1890 Rajeiglj, \jortj-� C:aeolnia 27604
1tic curt-en� partied of� the, property identified
a , uihorize CICiTWatej, Environmental (.'onsultants, Inc,. (CEC) to act on my behialf as my
a0ent dmirl�l [Ile j,)I0CCSs'in9( of juddictional deteni-driation requests and peri -nits to Impact
Wetia.rids a I nd NVater of tile tu1ft
jjidnct0CleaWater At, and/or SeciOn0 o' the Riveis and Harbors Act 0i 1899� CEC is
authorized to provide supplemental information as needed at the request of the USACE
OT DWR_
Additionally, I authorize representatives of tile. WilTnington District, US Atmy Corj),s, of
Engineers to enter upon the property hereiii described foi the pul-poses of c;onducting ern
site investigations and jssuirio a determination associated with Wetlands and Waters of
the US subject: to Federal jurisdiction under Section 404 of the Clean NVater Act and/or
Section 10 of the Rivers and Harbors Act of 1899.
Propert)r Ownel of Record:
Property Owner of Address
Phonc Number:
property I-ocatiow
Printed Natne:
Date. -
,i_r+gTIartne,4 Sionatin
I ? T - 5 � 3 -
ROWAJ 'T
4 SCq I t�j VC StT e N Suitt
iierzdr.rw(-rx)vTlte, NC 2,8792
I'ti< iwt S28-699..9800
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jurisdictional Determination Request
US Army Corps
of Engineers
Wilmington Dislricl
This form is intended for use by anyone requesting a jurisdictional determination (JD) from the
U.S. Army Corps of Engineers, Wilmington District (Corps). Please include all supporting
information, as described within each category, with your request. You may submit your request
to the appropriate Corps Field Office (or project manager, if known) via mail, electronic mail, or
facsimile. A current list of county assignments by Field Office and project manager can be
found on-line at: htt //wwwsawusace arryi rijil/Missions/R-oulator PermitPr by
telephoning: 910-251-4633, or by contacting any of the field offices listed below:
ASHEVILLE REGULATORY FIELD OFFICE
US Army Corps of Engineers
151 Patton Avenue, Room 208
Asheville, North Carolina 28801-5006
General Number: (828) 271-7980
Fax Number: (828) 281-8120
RALEIGH REGULATORY FIELD OFFICE
US Army Corps of Engineers
3331 Heritage Trade Drive, Suite 105
Wake Forest, North Carolina 27587
General Number: (919) 554-4884
Fax Number: (919) 562-0421
WASHINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
2407 West Fifth Street
Washington, North Carolina 27889
General Number: (910) 251-46 10
Fax Number: (252) 975-1399
WILMINGTON REGULATORY FIELD OFFICE
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
General Number: 910-251-4633
Fax Number: (910) 251-4025
--- - ------- ----- -------- — ------- . ........
Version: December 2013 Page 1
Jurisdictional Determination Re�uest
INSTRucTiONS:
All requestors must complete Parts A, B, C, D, E and F.
NOTE TO CONSULTANTS AND AGENCIES: If you are requesting a JD on behalf of a
paying client or your agency, please note the specific submittal requirements in Part G.
NOTE ON PART D — PROPERTY OWNER AUTHORIZATION: Please be aware that all JD
requests must include the current property owner authorization for the Corps to proceed with the
determination, which may include inspection of the property when necessary. This form must be
signed by the current property owner to be considered a complete request.
NOTE ON PART D - NCDOT REQUESTS: Property owner authorization/notification for JD
requests associated with North Carolina Department of Transportation (NCDOT) projects will be
conducted according to the current NCDOT/USACE protocols.
NOTE TO USDA PROGRAM PARTICIPANTS: A Corps approved or preliminary JD 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 also request a certified wetland determination from the local office of the Natural
Resources Conservation Service, prior to starting work.
Version: December 2013 Page 2
Jurisdictional Determination Request
A. PARCEL INFORMATION
[a
N
Street Address:
City, State:
County:
Directions:
White Oak Farm Drive
Tryon, NC
From US -74, take exit 170 and travel south on Pea Ridge Road. Travel 2 miles and
turn right onto Sandy Plains Road. In 2 miles turn right on White Oak Farm Drive.
Parcel Index Number(s) (PIN):
Name:
Mailing Address:
Telephone Number:
Electronic Mail Address'
P106-123
Clement Riddle
32 Clayton Street
828-698-9800
clement@cwenv.com
Select one:
F-1 I am the current property owner.
I—V/] I am an Authorized Agent or Environmental Consultant 2
1:1 Interested Buyer or Under Contract to Purchase
F-1 Other, please explain.
Name:
Mailing Address:
Tryon Equestrian Properties
2659 Sandy Plains Road
Tryon, NC 28782
Telephone Number: 828-863-2748
Electronic Mail Address3 :
FV]Proof of Ownership Attached (e.g. a copy of Deed, County GIS/Parcel/Tax. Record data)
I if available
2 Must attach completed Agent Authorization Form
3 If available
Version: December 2013 Page 3
Jurisdictional Determination Request
I). PROPERTY OWNER CERTIFICATION 4
1, the undersigned, a duly authorized owner of record of the property/properties identified herein,
do authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps)
to enter upon the property herein described for the purpose of conducting on-site investigations
and issuing a determination associated with Waters of the U.S. subject to Federal jurisdiction
under Section 404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of
1899.
See Attached Authorization
Property Owner (please print) Date
Property Owner Signature
E. JURISDICTIONAL DETERMINATION TYPE
Select One:
I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does include a delineation.
F] I am requesting that the Corps provide a preliminary JD for the property identified herein.
This request does NOT include a delineation.
MI am requesting that the Corps investigate the property/project area for the presence or
absence of WoUS5 and provide an approved JD for the property identified herein. This
request does NOT include a request for a verified delineation.
F-1 I am requesting that the Corps delineate the boundaries of all WoUS on a property/project
area and provide an approved J (this may or may not include a survey plat).
ElI am requesting that the Corps evaluate and approve a delineation of WoUS (conducted
by others) on a property/project area and provide an AppjqyeM (may or may not
include a survey plat).
For NCD07 requests following the current NCD01/USACE protocols, skip to Part E,
Waters of the United States
Vernon: December 201.3 Page 4
jurisdictional Determination Xequest
F. ALI, REQUESTS
121 Map of Property or Project Area (attached). This Map must clearly depict the boundaries
of the area of evaluation.
07
Size of Property or Project Area 42
acres
I verify that the property (or project) boundaries have recently been surveyed and marked
by a licensed land surveyor OR are otherwise clearly marked or distinguishable.
G. JD REQUESTS FROM CONSULTANTS OR AGENCIES
(1) Preliminary JD Requests:
Completed and signed Preliminary Jurisdictional Determination Forrn6 .
Project Coordinates: 35.272047 Latitude -82.065744 Longitude
Maps (no larger than I I x 17) with Project Boundary Overlay:
r--1-1
IV( I Large and small scale maps that depict, at minimum: streets, intersections, towns
ZAerial Photography of the project area
Fv/1 USGS Topographic Map
Fv-(] Soil Survey Map
ElOther Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site
Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps)
6 See Appendix A of this Form, From Regulatory Guidance Letter No. 08-02, dated June 26, 2008
Version: December 2013 Page 5
Jurisdictional Determination Request
Delineation Information (when applicabl e)7:
Wetlands:
0 Wetland Data Shects8
Tributaries:
11 USAGE Assessment Forms
Upland Data Sheets Other Assessment Forms
(when appropriate)
Landscape Photos, if taken
11 Field Sketch overlain on legible Map that includes:
All aquatic resources (for sites with multiple resources, label and identify)
Locations of wetland data points and/or tributary assessment reaches
Locations of photo stations
Approximate acreage/linear footage of aquatic resources
(2) Approved JDs including Verification of a Delineation:
11 Project Coordinates:
Latitude
Longitude
Maps (no larger than 11 x 17) with Project Boundary Overlay:
F-1 Large and small scale maps that depict, at minimum: streets, intersections, towns
ElAerial Photography of the project area
USGS Topographic Map
Soil Survey Map
Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan,
previous delineation maps)
7 1987 Manual Regional Supplements and Data forms can be found at:
fes:
Wetland and Stream Assessment Methodologies can be found at:
h112 bZta 06f4c& =38364 and,
User Manual 130318.pdf
Delineation information must include, at minimum, one wetland data sheet for each wetland/community type.
Version: December 2013 Page 6
Jurisdictional Determination Request
Delineation Information (when applicable):
Wetlands:
0 Wetland Data Sheets
Tributaries:
11 USAGE Assessment Forms
Upland Data Sheets Other Assessment Forms
(when appropriate)
F-1 Landscape Photos, if taken
1-1 Field Sketch overlain on legible Map that includes:
• All aquatic resources (for sites with multiple resources, label and identify)
• Locations of wetland data points and/or tributary assessment reaches
® Locations of photo stations
0 Approximate acreage/linear footage of aquatic resources
Supporting Jurisdictional Information (for Approved JDs only)
Approved Jurisdictional Determination Fon-n(s) (also known as "Rapanos
Form(s)")
F-1 Map(s) depicting the potential (or lack of potential) hydrologic connection(s),
adjacency, etc. to navigable waters.
9 Delineation information must include, at minimum, one wetland data sheet for each wetland/corrinnunity type.
Version: December 2013.Page 7
Jurisdictional Determination Xequest_
REQUESTS FOR CORPS APPROVAL OF SURVEY PLAT
Prior to final production of a Plat, the Wilmington District recommends that the Land
Surveyor electronically submit a draft of a Survey Plat to the Corps project manager for
review.
Due to storage limitations of our administrative records, the Corps requires that all hard-
copy submittals include at least one original Plat (to scale) that is no larger than 11"x17'
(the use of match lines for larger tracts acceptable). Additional copies of a plat, including
those larger than 11 "x 17", may also be submitted for Corps signature as needed. The
Corps also accepts electronic submittals of plats, such as those transmitted as a Portable
Document Format (PDF) file. Upon verification, the Corps can electronically sign these
plats and return them via e-mail to the requestor.
(I) PLATS SUBMITTED FOR APPROVAL
1:1 Must be sealed and signed by a licensed professional land surveyor
MMust be to scale (all maps must include both a graphic scale and a verbal scale)
F] Must be legible
MMust include a North Arrow, Scale(s), Title, Property Information
Must include a legible WoUS Delineation Table of distances and bearings/metes
and bounds/GPS coordinates of all surveyed delineation points
F] Must clearly depict surveyed property or project boundaries
F-1 Must clearly identify the known surveyed point(s) used as reference (e.g. property
corner, 1JSGS monument)
11 When wetlands are depicted:
• Must include acreage (or square footage) of wetland polygons
• Must identify each wetland polygon using an alphanumeric system
---- - -- . ...........
Vernon: December 2013 Page 8
Jurisdictional Determination Request
❑ When tributaries are depicted:
• Must include either a surveyed, approximate centerline of tributary with
approximate width of tributary OR surveyed Ordinary High Water Marks
(OHWM) of tributary
• Must identify each tributary using an alphanumeric system
• Must include linear footage of tributaries and calculated area (using approximate
widths or surveyed OHWM)
• Must include name of tributary (based on the most recent USGS topographic
map) or, when no USGS name exists, identify as "unnamed tributary"
all depicted WoUS (wetland polygons and tributary lines) must intersect or tie -to
surveyed project/property boundaries
F -I Must include the location of wetland data points and/or tributary assessment
reaches
Must include, label accordingly, and depict acreage of all waters not currently
subject to the requirements of the CWA. (e.g. "isolated wetlands", "non -
jurisdictional waters"). NOTE: An approved JD must be conducted in order to
make an official Corps determination that a particular waterbody or wetland is not
jurisdictional.
F] Must include and survey all existing conveyances (pipes, culverts, etc.) that
transport WoUS
----------
Version: December 2013 Page 9
Jurisdictional Determination Request
(2) CERTIFICATION LANGUAGE
1:1 When the entire actual Jurisdictional Boundary is depicted:
include the following Corps Certification language:
"This certifies that this copy of this plot accurately depicts the boundary of the jurisdiction
of Section 404 of the Clean Water Act as determined by the undersigned on this date.
Unless there is a change in the law or our published regulations, the determination of
Section 404 jurisdiction may be relied upon for a period not to exceed five (5) years from
this date. The undersigned completed this determination utilizing the appropriate Regional
Supplement to the 1987 U.S. Army Corps of Engineers Wetlands Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
F� When uplands may be present within a depicted Jurisdictional Boundary:
include the following Corps Certification language:
"This certifies that this copy of this plot identifies a// areas of waters of the United States
regulated pursuant to Section 404 of the Clean Water Act as determined by the
undersigned on this date. Unless there is change in the low or our published regulations,
this determination of Section 404 jurisdiction may be relied upon for a period not to exceed
five years from this date. The undersigned completed this determination utilizing the
appropriate Regional Supplement to the 1987 U.S. Army Corps of Engineers Wetlands
Delineation Manual."
Regulatory Official:
Title:
Date:
USACE Action ID No.:
— - ----- ---- --- -------
Versiow December 2013 Page 1.0
jurisdictional Determination Request
(3) GPS SURVEYS
For Surveys prepared using a Global Positioning System (GPS), the Survey must include
all of the above, as well as:
11 be at sub -meter accuracy at each survey point.
include an accuracy verification:
One or more known points (property comer, monument) shall be located with the
GPS and cross-referenced with the existing traditional property survey (metes and
bounds).
❑ include a brief description of the GPS equipment utilized.
--------- -
Version: December 2013 Page 11
Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
A. REPORT COMPLETION DATE FOR PJD: June 6, 2017
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Iryon Equestrian Properties .2659 Sandy Plains Road, Tryon, NC
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, Corps of Engineers
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County/parish/borough: Polk City: Tryon
Center coordinates of site (lat/long in degree decimal format):
35.272047 Long.: -82.065744
Universal Transverse Mercator: NAD83
Name of nearest waterbody: Lower White Oak Creek HUG:
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
a Office (Desk) Determination. Date:
A Field Determination. Date(s): April 21, 2017
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
S 1
35.273791
-82.068274
210 LF
Stream
Section 404
S2
35.273308
-82.065196
340 LF
Stream
Section 404
----- ------------
- - --------- - -
1) The Corps ofEngineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JO(AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may bmappropriate.
2\ In any circumstance where a permit applicant obtains an individual pmrnnit, or o
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NVVPor
other general permit, and the permit applicant has not requested an AJOfor the
activity, the permit applicant imhereby made aware that: (1)the permit applicant has
elected ioseek o permit authorization based on a PJO,which does not make an
officio) determination of jurisdictional aquatic resources; (2) the applicant has the
option torequest onAJDbefore accepting the terms and conditions ofthe permit
authorization' and that basing a permit authorization OnenAJOcould possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NVVP or other general permit authorization; (4) the applicant can
accept apermit authorization and thereby agree tocomply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJD; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any way by that activity will be treated as juriodiotiona|, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJD ora PJD, the JD will be processed
as moon as practicable. Further, anAJD. a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33C.F.R. Part 331. If, during on administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide anAJDtoaccomplish that result, 8osoon oei8practicable. This PJ[)finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.G. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed motivity, based on the following
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
[�Maps, plans, plots nrplat submitted by0nnbehalf of the PJDnequestoc
Mmp:Si\eVicinity Map, Stream & Wetland Delineation Map
�� Data shnetmpnepared/subnn��
tedbvnronb�h�ofthePJDnaqueshor.
��
-- office concurs with data sheets/delineation report.
El Office does not concur with data sheets/delineation report. Rationale:
El Data sheets prepared bvthe Corps:
E] Corps navigable waters' study:
�l U.S. GeologicalSurvey Hydrologic Atlas:
U8GSNHDdata.
USGS 8and 12digit HUC maps.
MR U.8.Geological Survey mao(s).Cite scale & quad name:
___
R Natural Resources Conservation Service Soil Survey. Citation:
F—] National wetlands inventory nnaoka. Cite name:
�l State/local vwedand�ventorynoao�J:___
��
| | FEMA/FIRM maps:
F] 100 -year Floodplain Elevotionis:____
Fn� Photographs: FE-] Aerial (Noma & Date):
or F|Other (Name &0ata)
]NaUono|Geodetic Vertical Datum of1Q2S)
NCCGIA (2015)
�� Previnu�d�tmnninmUon/s\. File no. and dote of response letter:�� `—
W Other information (please specify): - USDA Soil Map
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for later jurisdictional
Signature and date of
completing PJD
Signature and date of
person requesting PJO
(REOU|RED, unless obtaining
the signature is impracticable)'
/ Districts may establishUrneframes for requestortoreturn signed PJDforms, Kthe requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior tofinalizing mnaction.
POLK COUNTY
TRYON EQUESTRIAN PROPERTIES YR 201.7 P106-123 ACCOUNT#: 41119 PAGE I
WHITE OAK FARM RD 42.33 ACRES NEHD: 720 720 COUNTY RURAL
PIN: Plat Bk/Pg F 1738 APPR: RV2 APPR DT: 8/09/2016
42,330 AC TWSP: 005 DISTRICT: 5 GRN CRK TWNSHP- EXCD: NOTICE: IDE 3/28/2017
Imp Desc: EYB: MISC VALUE 79,950
Grade : AYB: Finished Area; BLDG VALUE 0
# of Units Ems Bedrms Bathrms HBaths TOTAL VALUE 812,560
--------------------------------------------------------------------------------------------------------------------------
TYPE/CODE/DESCRIPTION PCT %CMP UNITS RATE STR# STR% SIZ% HGT% PER% COST
402 1633 WD 9/04/2013 G 1,000,000
AMOUNT 1397 1200 SPI, 9/04/2013
ESE=
I - 089 -- ARENA 75 X 200 15,000.00 6.50 1996 AV 18.00 200 79,950
.00
.00
.00
ONE TYPE/COD --ENNU-0TY
1 AC RES 41.330 17,000.00 .00 .00 .00 .00 .00 .00 .00 702,610
2 AC BE 1.000 30,000.00 .00 .00 .00 00 .00 .00 .00 30,000
P106-123 WHITE OAK FARM RD REQUESTED BY JERRY RUN 6/05/17 TIME 17:25:08
Patrick Avenue Sidewalk (+/- 782 Meters)
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------ Project Site Feet
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c
Cleveland County, CLeafWate f Site Vicinity Map
North Carolina Figure 1
32 Clayton Street
Asheville, North Carolina 28801
7]
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y 40
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----- 1, Property Boundary
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747 - RSMB (+/- 42 AC)
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Legend l `� 1
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Polk County, V 1/� Pea Ridge Quad
North Carolina
32 Clayton Street
Asheville, North Carolina 28801 Figure 2
747 - RSMB (+/- 42 AC)
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----- Property Boundary Feet
;...:.
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rl nm A /�te�- Aerial Photograph
Polk County, VVI NCCGIA (2015)
North Carolina
32 Clayton Street
Asheville, North Carolina 28801 Figure 3
747 - RSMB (+/- 42 AC)
is for iniorrnatio'na'l purposes only and should not be used to determine precise boundaries, roadways,'i boundary lines, nor legal descriptions. This map shall not be construed to be an official survey ofSource Data: Topo is from Polk County
ProjeCl DOundary is from Polk County GIS
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