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Home My WebLink About20181430 Ver 1_JD PACKAGE_20181019Jurisdictional Determination Request Version: May 2017 Page 1 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 via mail, electronic mail, or facsimile. Requests should be sent to the appropriate project manager of the county in which the property is located. A current list of project managers by assigned counties can be found on-line at: http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram/Contact/CountyLocator.aspx, by calling 910-251-4633, or by contacting any of the field offices listed below. Once your request is received you will be contacted by a Corps project manager. ASHEVILLE & CHARLOTTE REGULATORY FIELD OFFICES 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) 251-4610 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 INSTRUCTIONS: All requestors must complete Parts A, B, C, D, E, F and G. 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 H. 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(s) or the owner(s) authorized agent 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. Jurisdictional Determination Request Version: May 2017 Page 2 A. PARCEL INFORMATION Street Address: _______________________________________________ City, State: _______________________________________________ County: Parcel Index Number(s) (PIN): B. REQUESTOR INFORMATION Name: Mailing Address: _________________________________________ Telephone Number: _________________________________________ Electronic Mail Address: ________________________________________ Select one: I am the current property owner. I am an Authorized Agent or Environmental Consultant1 Interested Buyer or Under Contract to Purchase Other, please explain. ________________________________________ __________________________________________________________ C. PROPERTY OWNER INFORMATION2 Name: Mailing Address: Telephone Number: Electronic Mail Address: _______________________________________________________________________________________________________________________ 1 Must provide completed Agent Authorization Form/Letter. 2 Documentation of ownership also needs to be provided with request (copy of Deed, County GIS/Parcel/Tax Record). Jurisdictional Determination Request Version: May 2017 Page 4 F. JURISDICTIONAL DETERMINATION (JD) TYPE (Select One) I am requesting that the Corps provide a preliminary JD for the property identified herein. A Preliminary Jurisdictional Determination (PJD) provides an indication that there may be “waters of the United States” or “navigable waters of the United States”on a property. PJDs are sufficient as the basis for permit decisions. For the purposes of permitting, all waters and wetlands on the property will be treated as if they are jurisdictional “waters of the United States”. PJDs cannot be appealed (33 C.F.R. 331.2); however, a PJD is “preliminary” in the sense that an approved JD can be requested at any time. PJDs do not expire. I am requesting that the Corps provide an approved JD for the property identified herein. An Approved Jurisdictional Determination (AJD) is a determination that jurisdictional “waters of the United States” or “navigable waters of the United States” are either present or absent on a site. An approved JD identifies the limits of waters on a site determined to be jurisdictional under the Clean Water Act and/or Rivers and Harbors Act. Approved JDs are sufficient as the basis for permit decisions. AJDs are appealable (33 C.F.R. 331.2). The results of the AJD will be posted on the Corps website. A landowner, permit applicant, or other “affected party” (33 C.F.R. 331.2) who receives an AJD may rely upon the AJD for five years (subject to certain limited exceptions explained in Regulatory Guidance Letter 05- 02). I am unclear as to which JD I would like to request and require additional information to inform my decision. G. ALL REQUESTS Map of Property or Project Area. This Map must clearly depict the boundaries of the review area. Size of Property or Review Area acres. The property boundary (or review area boundary) is clearly physically marked on the site. Jurisdictional Determination Request Version: May 2017 Page 5 H. REQUESTS FROM CONSULTANTS Project Coordinates (Decimal Degrees): Latitude: ______________________ Longitude: ______________________ A legible delineation map depicting the aquatic resources and the property/review area. Delineation maps must be no larger than 11x17 and should contain the following: (Corps signature of submitted survey plats will occur after the submitted delineation map has been reviewed and approved).6  North Arrow  Graphical Scale  Boundary of Review Area  Date  Location of data points for each Wetland Determination Data Form or tributary assessment reach. For Approved Jurisdictional Determinations:  Jurisdictional wetland features should be labeled as Wetland Waters of the US, 404 wetlands, etc. Please include the acreage of these features.  Jurisdictional non-wetland features (i.e. tidal/navigable waters, tributaries, impoundments) should be labeled as Non-Wetland Waters of the US, stream, tributary, open water, relatively permanent water, pond, etc. Please include the acreage or linear length of each of these features as appropriate.  Isolated waters, waters that lack a significant nexus to navigable waters, or non- jurisdictional upland features should be identified as Non-Jurisdictional. Please include a justification in the label regarding why the feature is non-jurisdictional (i.e. “Isolated”, “No Significant Nexus”, or “Upland Feature”). Please include the acreage or linear length of these features as appropriate. For Preliminary Jurisdictional Determinations:  Wetland and non-wetland features should not be identified as Jurisdictional, 404, Waters of the United States, or anything that implies jurisdiction. These features can be identified as Potential Waters of the United States, Potential Non-wetland Waters of the United States, wetland, stream, open water, etc. Please include the acreage and linear length of these features as appropriate. Completed Wetland Determination Data Forms for appropriate region (at least one wetland and one upland form needs to be completed for each wetland type) ____________________________________________________________________________ 6 Please refer to the guidance document titled “Survey Standards for Jurisdictional Determinations” to ensure that the supplied map meets the necessary mapping standards. http://www.saw.usace.army.mil/Missions/Regulatory-Permit- Program/Jurisdiction/ Jurisdictional Determination Request Version: May 2017 Page 6 Completed appropriate Jurisdictional Determination form • PJDs, please complete a Preliminary Jurisdictional Determination Form7 and include the Aquatic Resource Table • AJDs, please complete an Approved Jurisdictional Determination Form8 Vicinity Map Aerial Photograph USGS Topographic Map Soil Survey Map Other Maps, as appropriate (e.g. National Wetland Inventory Map, Proposed Site Plan, previous delineation maps, LIDAR maps, FEMA floodplain maps) Landscape Photos (if taken) NCSAM and/or NCWAM Assessment Forms and Rating Sheets NC Division of Water Resources Stream Identification Forms Other Assessment Forms _____________________________________________________________________________ 7 www.saw.usace.army.mil/Portals/59/docs/regulatory/regdocs/JD/RGL_08-02_App_A_Prelim_JD_Form_fillable.pdf 8 Please see http://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Jurisdiction/ Principal Purpose: The information that you provide will be used in evaluating your request to determine whether there are any aquatic resources within the project area subject to federal jurisdiction under the regulatory authorities referenced above. Routine Uses: This information may be shared with the Department of Justice and other federal, state, and local government agencies, and the public, and may be made available as part of a public notice as required by federal law. Your name and property location where federal jurisdiction is to be determined will be included in the approved jurisdictional determination (AJD), which will be made available to the public on the District's website and on the Headquarters USAGE website. Disclosure: Submission of requested information is voluntary; however, if information is not provided, the request for an AJD cannot be evaluated nor can an AJD be issued. Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: B. NAME AND ADDRESS OF PERSON REQUESTING PJD: C. DISTRICT OFFICE, FILE NAME, AND NUMBER: D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: County/parish/borough: City: Center coordinates of site (lat/long in degree decimal format): Lat.: Long.: Universal Transverse Mercator: Name of nearest waterbody: E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): 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) 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. 2)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 PJD (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 the PJD requestor: Map: ___________________________________________________. Data sheets prepared/submitted by or on behalf of the PJD requestor. Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: ___________________. Data sheets prepared by the Corps: _______________________________________________. Corps navigable waters’ study: ____________________________________________________. U.S. Geological Survey Hydrologic Atlas: ___________________________________________. USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: _______________________________. Natural Resources Conservation Service Soil Survey. Citation: ___________________________. National wetlands inventory map(s). Cite name: ______________________________________. State/local wetland inventory map(s): _______________________________________________. FEMA/FIRM maps: ____________________________________________________________. 100-year Floodplain Elevation is: ________________.(National Geodetic Vertical Datum of 1929) Photographs: Aerial (Name & Date): ___________________________________________. or Other (Name & Date): ____________________________________________. Previous determination(s). File no. and date of response letter: __________________________. Other information (please specify): _________________________________________________. 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. Signature and date of Signature and date of Regulatory staff member person requesting PJD completing PJD (REQUIRED, unless obtaining the signature is impracticable)1 1 Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond within the established time frame, the district may presume concurrence and no additional follow up is necessary prior to finalizing an action. DELINEATION MAP OCTOBER 19, 2018 A S S O C I A T E SMcGlil 1013 STATE FARM ROAD PH. (828) 386-1920BOONE, NC 28607 ENVIRONMENTAL FINANCE 1 INCH = 20 FEET GRAPHIC SCALE 0-20 FEET STREAMBANK STABILIZATION SOUTH TOE RIVER YANCEY COUNTY, NORTH CAROLINA PROJECT # 18.05316 20 FEET A. Geomorphology Subtotal =25.25 Absent ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ No= B. Hydrology Subtotal=7.75 ‐‐‐‐‐ 0.5 ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ No= C. Biology Subtotal=9.25 ‐‐‐‐‐ 3 ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ 0 ‐‐‐‐‐OBL=‐‐‐‐‐Other=‐‐‐‐‐ Note: Sheet sourced from NCDWQ Stream ID Form 1. Continuity of bed and bank JMH County: Yancey 2. Sinuosity of Channel Along Thalweg 3. In‐channel structure: ex. Riffle‐pool, step‐pool, ripple‐pool sequence 4. Particle size of stream substrate 11. Second or greater order channel 12. Presence of Baseflow 13. Iron oxidizing bacteria 14. Leaf litter 5. Active/relic floodplain 6. Depositional bars or benches 7. Recent alluvial deposits 8. Headcuts 9. Grade Control 10. Natural Valley Weak ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ 3 Strong 3 ‐‐‐‐‐ ‐‐‐‐‐ 3 ‐‐‐‐‐ 3 3 ‐‐‐‐‐ ‐‐‐‐‐ 1.5 ‐‐‐‐‐ ‐‐‐‐‐ 2 ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ 1.25 ‐‐‐‐‐ Moderate ‐‐‐‐‐ 2 2.5 ‐‐‐‐‐ Yes=‐‐‐‐‐ 0 ‐‐‐‐‐ 1 ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ 25. Algae 26. Wetland plants in streambed ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐Yes= 18. Fiborous roots in streambed 19. Rooted upland plants in streambed 20. Macrobenthos (note diversity and abundance) 21. Aquatic mollusks ‐‐‐‐‐ 1 1 1.25 ‐‐‐‐‐ ‐‐‐‐‐ 15. Sediment on plants or debris 16. Organic debris lines or piles 17. Soil‐based evidence of high water table? Date: Project/Site Latitude 9/24/2018 Margaret Pierce Streambank St bili ti 35.8097 Evaluator: ‐‐‐‐‐ FACW= ‐‐‐‐‐ 1 ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ 0.5 0.75 ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ Longitude: ‐82.1982 Total Points:42.25 Stream Determination Other Perennial S‐1 *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ ‐‐‐‐‐ 3 ‐‐‐‐‐ ‐‐‐‐‐ 1.5 1.5 2 22. Fish 23. Crayfish 24. Amphibians USGS TOPOGRAPHIC MAP OCTOBER, 2018 A S S O C I A T E SMcGlil 1013 STATE FARM ROAD PH. (828) 386-1920BOONE, NC 28607 ENVIRONMENTAL FINANCE 1 INCH = 1/4 MILE GRAPHIC SCALE 0-1/4 MILE STREAMBANK STABILIZATION SOUTH TOE RIVER YANCEY COUNTY, NORTH CAROLINA PROJECT # 18.05316 1/4 MILE FeC2FeC2FeC2FeC2FeC2 FeC2FeC2FeC2FeC2FeC2 WWWWW FeD2FeD2FeD2FeD2FeD2 ScCScCScCScCScC CeDCeDCeDCeDCeD SdDSdDSdDSdDSdD SaBSaBSaBSaBSaB CeECeECeECeECeE DeADeADeADeADeA AcFAcFAcFAcFAcF NRCS SOIL SURVEY MAP OCTOBER, 2018 A S S O C I A T E SMcGlil 1013 STATE FARM ROAD PH. (828) 386-1920BOONE, NC 28607 ENVIRONMENTAL FINANCE 1 INCH = 100 FEET GRAPHIC SCALE 0-100 FEET STREAMBANK STABILIZATION SOUTH TOE RIVER YANCEY COUNTY, NORTH CAROLINA PROJECT # 18.05316 100 FEET Map Unit Symbol Map Unit Name AcF Ashe-Cleveland-Rock outcrop complex, 30 to 95 percent slopes, very bouldery CeD Chandler-Micaville complex, 15 to 30 percent slopes, stony DeA Dellwood-Reddies complex, 0 to 3 percent slopes, occasionally flooded FeD2 Fannin sandy clay loam, 15 to 30 percent slopes, eroded SaB Saunook sandy loam, 2 to 8 percent slopes SdD Saunook-Thunder complex, 15 to 30 percent slopes, stony W Water