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Home My WebLink About20171642 Ver 1_JD approval 20180424_20180424CESAW-RG-A 2017-01456 PRELIMINARY JURISDICTIONAL DETERMINATION (JD) FORM U.S. Army Corps of Engineers BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PRELIMINARY JD: April 16, 2018 B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD: CMH Homes, Inc. / Attu., Cas Smith 5250 Hendersonville Road Fletcher, NC 28732 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-A, 2017-01456, Oakwood Acres Residential Development D. PROJECT LOCATIONS) AND BACKGROUND INFORMATION: The proposed project site is located on a tract of land (PIN 9681-10-4506) off North Clear Creek Road, approximately 0.17 miles south of the intersection of North Clear Creek Road and McMinn Road in Hendersonville, Henderson County, North Carolina. State: NC County/parish/borough: Henderson City: Hendersonville Center coordinates of site (lat/long in degree decimal format): 35,37950 N, 82.41784 W Universal Transverse Mercator: N/A Name ofnearestwaterbody: UTs Harpers Creek and Harpers Creek E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: April 16, 2018 FieldDetermination. Date(s): February 22, 2018 Use the table below to document aquatic resources and/or aquatic resources at different sites TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION 1. The Corps of Engineers 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 JD (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 be appropriate. Centered Coordinates Estimated Amount of Geographic Site Number (decimal degrees) Aquatic Resource in Type of Aquatic Authority to Which Review Area Resources Aquatic Resource Latitude Longitude (linear feet or acre) "May Be" Subject UT -1 (UT Harpers Wetland Section 404 Creek) 35.37898 -82.42097 1261f Non -wetland Waters Section 10/404 Wetland Section 404 Harpers Creek 35.37911 -82.41632 620 if Non -wetland Waters Section 10/404 UT -2 (UT Harpers Wetland Section 404 Creek) 35.37964 -82.41583 85 if Non -wetland Waters Section 10/404 Wetland IM Section 404 WA -1 35.37951 -82.41580 0.07 ac ll Non -wetland Waters Section 10/404 Wetland Section 404 WA -2 35.38012 -82.41566 0.02 ac Non -wetland Watersl Section 10/404 1. The Corps of Engineers 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 JD (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 be appropriate. CESAW-RG-A 2017-01456 In any circumstance where a permit applicant obtains an individual permit, or a Nationwide General Permit (NWP) or other general permit verification requiring "pre- construction notification" (PCN), or requests verification for a non -reporting NWP or other general permit, and the permit applicant has not requested an AJD for the activity, the permit applicant is hereby made aware that: (1) the permit applicant has elected to seek a permit authorization based on a PJD, which does not make an official determination of jurisdictional aquatic resources; (2) the applicant has the option to request an AJD before accepting the terms and conditions of the permit authorization, and that basing a permit authorization on an AJD could 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 NWP or other general permit authorization; (4) the applicant can accept a permit authorization and thereby agree to comply 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 jurisdictional, 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 or a PJD, the JD will be processed as soon as practicable. Further, an AJD, a proffered individual permit (and all terms and conditions contained therein), or individual permit denial can be administratively appealed pursuant to 33 C.F.R. Part 331. If, during an 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 an AJD to accomplish that result, as soon as is practicable. This PJD finds that there "may be" waters of the U.S. and/or that there "may be" navigable waters of the U.S. on the Subject review area, and identifies all aquatic features in the review area that could be affected by the proposed activity, based on the following information: SUPPORTING DATA Data reviewed for preliminary JD (check all that apply) - Checked items should be included in subject file. Appropriately reference sources below where indicated for all checked items: Maps, plans, plots or plat submitted by or on behalf of preliminary JD requester: Quible & Associates, P.C. Data sheets prepared/submitted by or on behalf of preliminary JD requester. Quible & Associates, P.C. 0 Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Rational: Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey (USGS) Hydrologic Atlas: ❑ USGS NHD data. USGS 8 and 12 digit HUC maps. USGS map(s). Cite scale & quad name: Fruitland Natural Resources Conservation Service (NRCS) Soil Survey. Citation: Henderson County, NC National wetlands inventory (NWI) map(s). Cite name: State/Local wetland inventory map(s): Federal Emergency Management Agency (FEMA) / Flood Insurance Rate Map (FIRM) maps: Map. No. 37000968100J, panel 9681, effective date Oct. 2, 2008 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): Google Earth Pro, Nov. 2016, Oct. 2015, Oct. 2013, Oct. 2010, Mar. 2007, Mar. 1998, and Mar. 1994 or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting scientific literature: CESAW-RG-A 2017-01456 Eg Other information (please specify): The site contains wetlands as determined by the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetlands Delineation Manual: Eastern Mountain and Piedmont Region (Version 2.0). These wetlands are abutting to stream channels located at the site which exhibit indicators of ordinary high water marks and have perennial flow. The stream channels at the site are unnamed tributaries (UT) of Harpers Creek and Harpers Creek. UTs Harpers Creek and Harpers Creek exhibit indicators of ordinary high water marks (OH "4) including developed bed and bank, break in slope, changes in the character of the soil, natural line impressed on the bank, shelving, abrupt change in plant community, scour, presence of aquatic life, presence of litter and debris, destruction of terrestrial vegetation, sediment sorting and deposition, and leaf litter washed away. One the UTs of Harpers Creek and Harpers Creek are depicted as a solid blue line on the USGS 7.5 minute quadrangle map Fruitland and the most current NRCS Soil Survey for Henderson County. Solid blue line features on these mapping conventions typically represent perennial streams. Perennial flow has been observed by Corps representatives during visits to the Hendersonville, North Carolina vicinity. The UTs Harpers Creek flow into Harpers Creek, which flows into Clear Creek, then into Mud Creek. Mud Creek flows into the French Broad River, a traditional navigable river, which merges with the Holston River to form the Tennessee River. The Tennessee River flows into the Ohio River, which flows into the Mississippi River, and empties into the Gulf of Mexico. 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 determinations. David Brown, April 16, 2018 CMH Homes, Inc. / Attn.: Cas Smith Signature and date of Regulatory s t a f f OR member completing preliminary Advantage Civil Engineering, P.A. / Marcus JD Barksdale (per Agent Authorization) Signature and date of person requesting preliminary.JD (REQUIRED, unless obtaining the signature is impracticable) Two copies of this Preliminary JD Form have been provided Please sign both copies. Keep one signed copy for your record and return a signed copy to the Asheville Regulatory Field Office by mail or e-mail. US Army Corps of Engineers -Wilmington District Asheville Regulatory Field Office 151 Patton Avenue, Room 208 Asheville, NC 28801-5006 1 Districts may establish timeframes for requester to return signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to fmalizing an action.