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HomeMy WebLinkAbout20190167 Ver 1_PCN Form Submission_20190206DWR MOM— of Water Resources Pre -Construction Notification (PCN) Form September 29, 2018 Ver 3 tial Review Has this project met the requirements for acceptance in to the review process?* r Yes r No Is this project a public transportation project?* G Yes r No Oiange only if needed. BIMS # Assigned 20190167 Is a payment required for this project?* r No payment required r Fee received r Fee needed - send electronic notification Reviewing Office* Asheville Regional Office - (828) 296-4500 Information for Initial Review 1a. Name of project: Cheshire streambank stabilization 1a. Who is the Primary Contact?* Ken Curren 1b. Primary Contact Email:* kencurren@gmail.com Date Submitted 2/6/2019 Nearest Body of Water Camp Creek Basin French Broad Water Classification C Site Coordinates Version# * 1 What amout is owed?* r $240.00 r $570.00 Select Project Reviewer* Zan Prioe:eads\gaprice 1c. Primary Contact Phone:* (678)895-7616 Latitude: Longitude: 35.60 82.31 FA. Processing Information U County (or Counties) where the project is located: Buncombe Is this project a public transportation project?* r Yes r No 1a. Type(s) of approval sought from the Corps: * Section 404 Permit (wetlands, streams and waters, Clean Water Act) r Section 10 Permit (navigable waters, tidal waters, Rivers and Harbors Act) 1b. What type(s) of permit(s) do you wish to seek authorization? rJ Nationwide Permit (NWP) F- Regional General Permit (RGP) F Standard (IP) 1c. Has the NWP or GP number been verified by the Corps? r Yes r No Nationwide Permit (NWP) Number: NWP Numbers (for multiple NWPS): 1d. Type(s) of approval sought from the DWR: F- 401 Water Quality Certification - Regular F Non -404 Jurisdictional General Permit F Individual Permit 13 - Bank Stabilization )7 401 Water Quality Certification - Express r Riparian Buffer Authorization 1e. Is this notification solelyfor the record because written approval is not required? For the record only for DWR 401 Certification: For the record only for Corps Permit: 1f. Is this an after -the -fact permit application?* r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No 1g. Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of impacts? r Yes r No Acceptance Letter Attachment Camp Branch 2014 permit.pdf 1h. Is the project located in any of NC's twenty coastal counties? r Yes r No 1j. Is the project located in a designated trout watershed? r Yes r No FB. Applicant Information 1d. Who is applying for the permit? ,R Owner r Applicant (other than owner) 1e. Is there an Agent/Consultant for this project? r Yes r No 2. Owner Information 2a. Name(s) on recorded deed: Cheshire Master Association 2b. Deed book and page no.: 2756/0583 2c. Responsible party: Ken Curren, Member 2d. Address Street Address 51 Cheshire Drive Address line 2 CKY Black Mountain Postal / Zip Cade 28711 2e. Telephone Number: (678)895-7616 2g. Email Address:* kencurren@gmail.com C. Project Information and Prior Project History 1. Project Information State / Rovince / fbgion NC Country Buncombe 2f. Fax Number: 3.34MB r Yes r No r Yes r No 1b. Subdivision name: (if appropriate) Cheshire 1c. Nearest municipality / town: Black Mountain 2. Project Identification 2a. Property Identification Number: 061941504500000 2c. Project Address Street Address 51 Cheshire Drive Address Line 2 City BMT F stal / Zip Code 28711 3. Surface Waters 3a. Name of the nearest body of water to proposed project:` Camp Creek 3b. Water Resources Classification of nearest receiving water:* 3c. What river basin(s) is your project located in?* French Broad 3d. Please provide the 12 -digit HUC in which the project is located. 060101050602 4. Project Description and History 2b. Property size: 2.7 State / rtovince / fbgion NC Ceuntry Buncombe 4a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this application:* Since the historically wet 2014 caused the streambanks to become unstable, there has been ongoing erosion of the streambanks of the Camp Creek stream. On August 20, 2014 the USACOE together with the various NC Regulators verified that the proposed scope of work was within the parameters of the existing Nationwide 13 permit as summarized in Action ID 2014-01842. However, the project was not initiated because it was rejected by the Town of Black Mountain because the local inspector determined that the USACOE errored in its verification because the scope of work exceeded the maximum parameters of any and all Nationwide Permits. In the ensuing four years the erosion has become very problematic and the verification/certification has expired. This PCN is a request for a reverification/certification of the original scope. 4b. Have Corps permits or DWR certifications been obtained for this project (including all prior phases) in the past?* 6 Yes r No r Unknown 4c. If yes, please give the DWR Certification number or the Corps Action ID (exp. SAW -0000-00000). Action ID 2014-01842 Project History Upload 4d. Attach an 8 1/2 X 11 excerpt from the most recent version of the USGS topographic map indicating the location of the project site. (for DWR) 4e. Attach an 8 1/2 X 11 excerpt from the most recent version of the published County NRCS Soil Survey map depicting the project site. (for DWR) 4f. List the total estimated acreage of all existing wetlands on the property: 0.1 acre 4g. List the total estimated linear feet of all existing streams on the property: 1,700 I.f. 4h. Explain the purpose of the proposed project:* The sole purpose of this project is to stabilize the streambanks of Camp Creek to prevent excessive erosion and the associated discharge of silt, mud and debris into this potential trout stream in the hope that the environmental condition of the stream may improve to the point that indigenous fish and other wildlife may repopulate this dead stream. 4i. Describe the overall project in detail, including indirect impacts and the type of equipment to be used:* The stabilization of the stream banks (after April 15th per the Special Condition by the NC WRC) will require centering the flow back to its original historic bed between the current streambanks and then to grade the existing vertical slopes to a minimum of a 2:1 slope followed by immediate seeding with grass covered by ample wheat straw. Wheat straw bales will be used liberally as temporary check dams and to protect the newly graded slopes from erosion by storm flow. Topographic maps, drawings and NRCS soil map are contained in the existing USACOE Action ID 2014-01842 file as supplied prior to the 2015 verification. 4j. Please upload project drawings for the proposed project. 5. Jurisdictional Determinations 5a. Have the wetlands or streams been delineated on the property or proposed impact areas?* r Yes r No r Unknown Comments: Stream is typically two feet in width with steep streambanks, 5b. If the Corps made a jurisdictional determination, what type of determination was made?* r Preliminary r Approved r Not Verified r Unknown r N/A Corps AID Number: 5c. If 5a is yes, who delineated the jurisdictional areas? Name (if known): Agency/Consultant Company: Other: 5d. List the dates of the Corp jurisdiction determination or State determination if a determination was made by the Corps or DWR Verification was dated August 20, 2015 and expired March 18, 2017 The jurisdictional determination is included in the 60 -page USACOE verification package that is attached with this PCN. 5d1. Jurisdictional determination upload 6. Future Project Plans 6a. Is this a phased project?* r Yes r No Are any other NWP(s), regional general permit(s), or individual permits(s) used, or intended to be used, to authorize any part of the proposed project or related activity? The only other work planned is for a planting of indigenous wetland/riparian vegetation to provide permanent stabilization. This planting will take place after grass has fully stabilized the slope and during the warmer months when the base flow of the stream is near its minimum. D. Proposed Impacts Inventory 1. Impacts Summary 1a. Where are the impacts associated with your project? (check all that apply): r- Wetlands W Streams -tributaries r- Buffers r Open Waters r Pond Construction 3. Stream Impacts 3a. Reason for impact (?) 3b.lmpact type * 3c. Type of impact* 3d. S. name * 3e. Stream Type * 3f. Type of 3g. S. width * 3h. Impact (?) Jurisdiction* length* Improve stream Permanent Bank Stabilization F;pCreek Perennial Cors :::] ]�;;eet) 300 i1 p p (linear feet) 31. Total jurisdictional ditch impact in square feet 0 3i. Total permanent stream impacts: 3i. Total temporary stream impacts: 300 0 31. Total stream and ditch impacts: 300 3j. Comments: The only pact of this project is to reduce erosion and sil discharge into Camp Creek. All impacts are positive with no chance of any negative impacts. The only negative impact results from doing nothing. E. Impact Justification and Mitigation 1. Avoidance and Minimization 1a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing the project: Our project only improves the environmental condition of the stream. To minimize turbidity in the stream, the flow will be redirected to its natural course in a pebble and rock stream bed. This realignment will allow the land disturbance required to reduce the vertical banks to a stable slope of no more than 2:1. 1b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques Immediately upon completion of regrading of a given slope, the slope will be treated with lime and seeded with fescue and rye grass and covered with copious amounts of wheat straw. 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? r Yes r No 2b. If this project DOES NOT require Compensatory Mitigation, explain why: This project scope is what Compensatory Mitigation would look like. F. Stormwater Management and Diffuse Flow Plan (required by DWR) 1. Diffuse Flow Plan 1a. Does the project include or is it adjacent to protected riparian buffers identified within one of the NC Riparian Buffer Protection Rules? r Yes r No If no, explain why: This project restores riparian buffers. 2. Stormwater Management Plan 2a. Is this a NCDOT project subject to compliance with NCDOT's Individual NPDES permit NCS000250?* r Yes r No 2b. Does this project meet the requirements for low density projects as defined in 15A NCAC 02H .1003(2)? r Yes r No Comments: G. Supplementary Information 1. Environmental Documentation 1a. Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land?* r Yes r No 2. Violations (DWR Requirement) 2a. Is the site in violation of DWR Water Quality Certification Rules (15A NCAC 2H .0500), Isolated Wetland Rules (15A NCAC 2H .1300), or DWR Surface Water or Wetland Standards or Riparian Buffer Rules (15A NCAC 2B.0200)?* r Yes r No I Cumulative Impacts (DWR Requirement) 3a. Will this project result in additional development, which could impact nearby downstream water quality?* r Yes r No 3b. If you answered "no," provide a short narrative description. Not related to any existing, proposed or future development projects. 4. Sewage Disposal (DWR Requirement) 4a. Is sewage disposal required by DWR for this project?* r Yes r Nor N/A 5. Endangered Species and Designated Critical Habitat (Corps Requirement) 5a. Will this project occur in or near an area with federally protected species or habitat?* r Yes r No 5b. Have you checked with the USFWS concerning Endangered Species Act impacts?* r Yes r No 5c. If yes, indicate the USFWS Field Office you have contacted. Asheville 5d. Is another Federal agency involved?* r Yes r No 5e. Is this a DOT project located within Division's 1-8? C Unknown r Yes r No 5f. Will you cut anytrees in order to conduct the work in waters of the U.S.? f Yes r No 5g. Does this project involve bridge maintenance or removal? r Yes r No Sh. Does this project involve the construction/installation of a wind turbine(s)?* r Yes r No 5i. Does this project involve (1) blasting, and/or (2) other percussive activities that will be conducted by machines, such as jackhammers, mechanized pile drivers, etc.? r Yes r No 5j. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical Habitat? Consultation with USACOE and the NC WRC as described in the 2014 verification. Consultation Documentation Upload 6. Essential Fish Habitat (Corps Requirement) 6a. Will this project occur in or near an area designated as an Essential Fish Habitat?* (- Yes r No 6b. What data sources did you use to determine whether your site would impact an Essential Fish Habitat?* Consultation with the USACOE, NC WRC and the NC fish hatchery. 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 preservation status?* r Yes r No 7b. What data sources did you use to determine whether your site would impact historic or archeological resources?* Phase one. 7c. Historic or Prehistoric Information Upload 8. Flood Zone Designation (Corps Requirement) 8a. Will this project occur in a FEMA designated 100 -year floodplain?* r Yes r- No 8b. If yes, explain how project meets FEMA requirements: There will be no net fill in the floodplain 8c. What source(s) did you use to make the floodplain determination?* FEMA flood maps and Buncombe County GIS Miscellaneous Comments Please provide a reverification of this project under the eAsting Nationwide 13 permit and provide a letter that specifically states that the entire project scope is in accordance with the Nationwide Permit. Unfortunately, the local permitting authorities are so intimidated by the USACOE that they think this project could somehow not be in the best interests of the environment and human well being. Miscellaneous attachments not previously requested. Signature u * W By checking the box and signing below, I certify that: • I have given true, accurate, and complete information on this form; • I agree that submission of this PCN form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act"); • I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes (the "Uniform Electronic Transactions Act'); • I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written signature; AND • I intend to electronically sign and submit the PCN form. Full Name: Ken Curren, P.E. Signature rte` iGt . Date 2/6/2019 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action ID. 2014-01842 County: Buncombe U.S.G.S. Quad: Black Mountain GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Cheshire Master Association Inc. / Attn.: Blake A. Martin President Address: 725 NC Highway 9 Black Mountain NC 28711 Telephone Number: 843.331.2819 Size (acres): Approximately 1.36 acres Nearest Town: Black Mountain Nearest Waterway: Camp Branch Coordinates: 35.603611 N 42.313333 W River Basin/ HUC: French Broad - Holston (06010105) Location description: The proposed proiect site is located on Cheshire Master Association, Inc. property within the Village of Cheshire south of Cheshire Drive off NC Highway 9 in the Town of Black Mountain, North Carolina. Description of projects area and activity: This permit verification authorizes 300 linear feet of temporary stream impacts to Camp Branch associated with stream bank stabilization and restoration activities. These activities generally include laving back streambanks to a more gentle and stable slope (at least 2:1) and supplementing existing resprouting woody vegetation with native vegetation plantings and live stakes along streambanks and floodplain. Special Condition(s): Per comments from the North Carolina Wildlife Resources Commission. work in Camp Branch is not authorized between January 15 and April 15. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: NWP 13 NWP GENERAL, REGIONAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditionsI above noted special conditions) and your submitted application and attached information dated September 4, 2014. 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/regional permit authorization is reissued and/or modified, this verification will remain 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 activity would no longer comply with the terms and conditions of the nationwide/regional permit, activities 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 permit'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 Cert ification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvalslpermits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Scott Jones at 828-2714980, ext. 222 or scott.jones@usace.army.mil.. Corps Regulatory Official:, ,. Date: August 20, 2015 Scott Jonesi Expiration Date of Verification: March 18.2017 Determination of Jurisdiction: A. ❑Based on preliminary information, there appear to be waters of the US including wetlands wn the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ❑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. ®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. ❑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 far Determination: The stream channel at the site is Camp Branch, a relatively permanent water (RPW), which flows into the Swannanoa River and then flows into the French Broad River, a traditionally navigable water (TNW) and Section 10 water downstream of the Wilson Road Bridge just south of Brevard, NC. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River drains into the Mississippi River before entering the Gulf of Mexico. Camp Branch, in the permit area, has perennial flow, is a blue line feature on the USGS topographic map, and exhibit indicators of ordinary high water mark. This jurisdictional determination is valid for the impact areas only. Remarks: None 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 object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination 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, Room 10M15 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 by October 20, 2015. **It is not necessary to submit_ aUBF�-I form to the Division Office if you do not object to the determination in this correspondence.** Corps Regulatory Official: Scott Jones7J Issue Date of JD: August 20, 2015 Expiration Date of JD eve years from Issue Date: Au�list 20, 2020 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 htjp://corpsnlapu.usace.a ny.mil/cin apex/f7p=136:4:0. Copy furnished (via email): Mr. Ken Curren, P.E. 51 Cheshire Drive, Black Mountain, NC 28711 ken.cutrenCc .�mail.com Mr. Chas Fitzgerald 46 Cheshire Drive, Black Mountain, NC 28711 efitz@WiIBowlUSA.com. Mr. Josh Harrold, Director of Planning and Development Services Town of Black Mountain 160 Midland Avenue, Black Mountain, NC 28711 josh.harrold.(7n.townofblackmountain.org Action ID Number: Permittee: Project Name: 2014-01842 County: Buncombe Cheshire Master Association, Inca / Aun.: Blake A. Martin, President Cheshire Stream Bank Stabilization and Restoration Date Verification Issued: August 20, 2015 Project Manager: Scott Jones Upon completion of the activity authorized by this pernut and any mitigation required by the permit, 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. Army Corps of Engineers representative, Failure to comply with any terms or conditions of this authorization may result in the 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 permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date y�y�,, ''t� °a "'.�.'"'.i. k, r 'r" r•A.�'� '�':.:` � �.�i'"����; v 3e � `bG7+ �n �,� k � - v �- ',Yn -r-.�. s'��c ,�-r"r �; ,..�, t'k 4. i" k ' �`)�, o- �� �' `' .:r ^ �� 2 %"�+'Ey'�<.. 61 � 'S' `��� `3, ' - r�•p�L�� P� -t- ��' C..t,. ,�+`�L,-{�F�`,' -'�` 'c � 4'�`H Y �k ���� sr; ry'� g , z _ �'9'�''" s�' -� `���' �i bk`Fz,��, ,a- C:.�-w.�`v y��," ��.,3 .. •'`,�"`��+'' � u�s,��i,�g^t� �`+'� . �'4" `.�'i"k',�7 G'��.' .�.� :6 a` �"��, '"5` � - � G x a ��T��'4'7.''�`�' j[�, } �StY lid i'Y'u5+ C '�h' ri�sj +�"�°`��. 1��1yf� �i' ^•-.y 5n� '.'�,rt' d"4v"$' y .i'i I d I :. ,� ;nd',,r„„LL`•}� uL `4S`'r3-..t �.-� ''c ''t,<..+.A' r�F4, i51a' Y, ..»i� ,..::v.-'�l�v�u� en r5.{ke,..'::+�ix. E —x�:s,:a �{`.i'r, ie�'��S'..rA?, v�'..'•7�':',t.5 uf:t-Vv' FFM -� Applicant: Cheshire Master Association, Inc. / Attn.: File Number: SAW -2014-01842 Date: August 20, 2015 Blake A. Martin, President Attached is: See Section below ❑ INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A ❑ PROFFERED PERMIT (Standard Permit or Letter of permission) B ❑ PERMIT DENIAL C ® APPROVED JURISDICTIONAL DETERMINATION D F11 PRELIMINARY JURISDICTIONAL DETERMINATION E A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, 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. • 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 form 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 some 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. Be. PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, 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 permit (Standard or LOP) because of cert ain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II 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 II 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 II of this form 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: PRELIMINARY JURISDICTIONAL 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 you may provide new information for Rirther consideration by the Corps to reevaluate the JD, 14 SECItl�l I<,IE, aT,(3R,4APF;SLgr;O$JECTIQS TO.ANyINIT ' 1?Rt3F11RED 1?ERMIT4, . ,f' _' REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: 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 officer has determined is needed to clarify 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 administrative record. POW'd tcO rTAc l', of SEs rIOI s oR oiv: �4,T , min _ �. rr(. If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Atm.: Scott Jones CESAD-PDO 69 Darlington Avenue U.S. Army Corps of Engineers, South Atlantic Division Wilmington, NC 28403 60 Forsyth Street, Room 1OM15 (828) 271-7980, ext 222 Atlanta, Georgia 30303-8801 (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investigations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send dais form to: District Engineer, Wilmington Regulatory Division, Attn.: David Brown, 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and approved Jurisdictional Delerminations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION I: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): August 20, 2015 Be DISTRICT OFFICE, FILE NAME, AND NUMBER: CESAW-RG-Asheville, 2014-01842, Cheshire Master Association, Inc. / Attn.: Blake A. Martin, President C. PROJECT LOCATION AND BACKGROUND INFORMATION: State: NC County/parish/borough: Buncombe City: Black Mountain Center coordinates of site (lat/long in degree decimal format): Latitude & Longitude in Decimal Degrees: 35.603611 N, -82.313333 W Universal Transverse Mercator: Name of nearest waterbody: Camp Branch Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: French Broad River Name of watershed or Hydrologic Unit Code (HUC): French Broad — Holston (06010105) Check if map/diagram of review area and/or potential jurisdictional areas is/are available upon request. Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different JD form. D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY}: Office (Desk) Determination. Date: Field Determination. Date(s): November 7, 2014, and March 24, 2015 SECTION H: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There Are, no "navigable waters of the U.S." within Rivers and Harbors Act (RHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] Waters subject to the ebb and flow of the tide. Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: Be CWA SECTION 404 DETERMIN ATION OF JURISDICTION. There Are "waters of the U.S." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Regseired] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area {check all that apply}: i (� TNWs, including territorial seas Wetlands adjacent to TNWs Relatively permanent watersz (RPWs) that flow directly or indirectly into TNWs �! Non-RPWs that flow directly or indirectly into TNWs Wetlands directly abutting RPWs that flow directly or indirectly into TNWs Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs El' Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs [Q Impoundments of jurisdictional waters Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: SQO linear feet: I-5 width (ft} and/or acres. Wetlands: acres. c. Limits (boundaries) of jurisdiction based on: Elevation of established OHWM (if known):PYR 2. Non-regulated waters/wetlands (check if applicable):3 Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: . `Boxes checked below shall be supported by completing the appropriate sections in Section III below. z For purposes of this form, an RPW is defined as a tributary that is not a TNW and that typica0y flows year-round or has continuous flow at least "seasonally" (e.g., typically 3 months). 3 Supporting documentation is presented in Section III.F. 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 HI.A.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections HI.A.1 and 2 and Section III.D.1.; 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 TRIBUTARY ('I'IIAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section HI.D.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section 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 wa4 erbody4 is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section III.B.1 for the tributary, Section HI.B.2 for any onsite wetlands, and Section IH.B.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IH.0 below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (i) General Area Conditi ons: Watershed size: Drainage�tck`Lts�t, area: �P,'iclkL�s Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with T'NW: ❑ Tributary flows directly into TNW. T" ❑ Tributary flows through rclrList tributaries before entering TNW. Project waters are Prc'lc Lt`ts� river miles fr (b) om TNW. Project waters are prek I'�ts� river miles from RPW. Project waters are PtclC, 4 aerial (straight) miles from TNW. Project waters are PiclLts aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNWS: Tributary stream order, if known: Tributary is: ❑Natural ❑ Artificial (man-made). Explain: °Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the grid 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. ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes:'tck Lrst. Primary tributary substrate composition (check all that apply): ❑ silts ❑ Sands ❑ Cobbles ❑ Gravel ❑ Bedrock ❑ Vegetation. Type/°/o cover: ❑ Other. Explain: . ❑ Concrete ❑ Muck Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence of run/riffle/pool complexes. Explain: Tributary geometry: aclt 1w tst Tributary gradient (approximate average slope): % (c) Flow: Tributary provides for PILO lst Estimate average number of flow events in review area/year 0t�k Cis Describe flow regime: Other information on duration and volume: 11 Surface flow is kNow ��rpuq-T ;L�st. Characteristics: Subsurface flow �'t�k List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWM6 (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ F1changes in the character of soil ❑ F1shelving El vegetation matted down, bent, or absent ❑ El leaf litter disturbed or washed away F1 sediment deposition ❑ water staining F] other (list): E] Discontinuous OHWM.7 Explain: . the presence of litter and debris destruction of terrestrial vegetation ❑ the presence of wrack line sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWA jurisdiction (check all that apply): ❑, High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects F1 survey to available datum; F] fine shell or debris deposits (foreshore) El physical markings; ❑ physical markings/characteristics ❑ tidal gauges ❑ other (list): {iii) Chemical Characteristics: ❑ vegetation lines/changes in vegetation types. Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.}. Explain: Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports {check all that apply): ❑ Riparian corridor. Characteristics (type, average width): ❑ Wetland fringe. Characteristics: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: . ❑ Other environmentally -sensitive species. Explain findings: �A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the waterbody's flow regime (e.g., flow quer a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. 'Ibid. C. ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) Genera[ Flow Relationshin with Non-TNW: Flow is'iek Lfati. Explain: Surface flow is PickLi�t Characteristics: Subsurface flow Prcicl;�s�. Explain findings: ❑ Dye (or other) test performed: . (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by berm/barrier. Explain: (d) Proximity (Relationshi�_to TNW Project wetlands are �P�{ck Last river miles from TNW. Project waters are'i�+ck Lis aerial (straight) miles from TNW. Flow is from:1 Estimate approximate location of wetland as within the Fick Lts# 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: Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width}: ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: . ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: . 3. Characteristics of all wetlands adjacent to the tributary (91 i f any), All wetlands) being considered in the cumulative analysis �fek�Lisi Approximately ( ) acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Size (in acres) Summarize overall biological, chemical and physical functions being performed: SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus: Draw connections between the features documented and the effects on the as identified in the Rapanos Guidance and discussed in the Instructional Guidebook. Factors to consider include, for example: • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • Does the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should be documented below: I. 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 IILD: . 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 IILD: . 3. Significant nexus findings for wetlands adjacent to an RPW but that do nat 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 IIID: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): L TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: TNWs: linear feet width {ft), Or, acres. Qi Wetlands adjacent to TNWs: acres. 2. RPWs that flow directly or indirectly into TNWs. Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: Camp Branch exhibits indicators of ordinary high water marks (OHWM) including developed bed and bank, scour, presence of aquatic life, presence of litter and debris, destruction of terrestrial vegetation, sediment sorting and deposition, leaf litter washed away. Camp Branch is depicted as a solid blue line on the USGS 7.5 minute quadrangle map Black Mountain and the most current Natural Resource Conservation Service Soil Survey for Buncombe County. Solid blue line features on these mapping conventions typically represent perennial streams. Perennial flow has been observed by Corps representatives during multiple site visits to the Black Mountain, North Carolina vicinity. ti Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): Tributary waters: 500 linear feet 1-5 width (ft}. Other non -wetland waters: acres. Identify type(s) of waters: . 3. Non-RPWss that flow directly or indirectly into TNWs. !I Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C.MM Provide estimates for jurisdictional waters within the review area (check all that apply): Tributary waters: linear feet width (ft). Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. Q Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is "See Footnote # 3. directly abutting an RPW: Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: . Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5 Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. EJ 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 `1NW are jurisidictional. Data supporting this conclusion is provided at Section III.C. Frovide acreage estimates for jurisdictional wetlands in the review area: acres. 6 Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. 0 Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section III.C. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.9 As a general rule, the impoundment of a jurisdictional tributary remains jurisdictional. MDemonstrate that impoundment was created from "waters of the U.S.," or .N3 Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑I Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED [INTERSTATE OR INTRA -STATE] WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY):io _:.. which are or could be used by interstate or foreign travelers for recreational or other purposes. wr; from which fish or shellfish are or could be taken and sold in interstate or foreign commerce, t which are or could be used for industrial purposes by industries in interstate commerce. Interstate isolated waters. Explain: Other factors. Explain: . Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): {G Tributary waters: linear feet width (ft). Other non -wetland waters: acres, Identify type(s) of waters: Wetlands: acres. F NON -JURISDICTIONAL WATERS, INCLUDIN G WETLANDS (CHECK ALL THAT APPLY): If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 19$7 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. EQ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: Other: (explain, if not covered above): Provide acreage estimates for non jurisdictional waters in th e review area, where the sole potential basis of jurisdiction is the MBR factors (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best professional judgment (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet width (ft). Lakes/ponds: acres. Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. s To complete the analysis refer to the key in Section IILD.6 of the Instmctional Guidebook. `` 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action to Corps and EPA HQ for review consistent with the process described in the Corps/EPA Memorandum Regarding CWA Act Jurisdiction FollowingRapanos. Provide acreage estimates for non jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction (check all that apply): Non -wetland waters (i.e., rivers, streams): linear feet, width (ft): IER Lakes/ponds: acres. lirl Other non -wetland waters: acres. List type of aquatic resource: Wetlands: acres. SECTION IV: DATA SOURCES. A.. SUPPORTING DATA. Data reviewed for JD (check all that apply -checked items shall be included in case file and, where checked and requested, appropriately reference sources below): Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: Data sheets prepared/submitted by or on behalf of the applicant/consultant. ❑ Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Black Mountain USDA Natural Resources Conservation Service Soil Survey. Citation: Buncombe County, NC d National wetlands inventory map(s). Cite name: Ell State/Local wetland inventory map(s): FEMA/FIRM maps: 100 -year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) Photographs: ❑ Aerial (Name & Date): or ❑ Other (Name & Date): Previous determination(s). File no. and date of response letter: Applicable/supporting case law: Applicable/supporting scientific literature: Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: The stream channel at the site is Camp Branch, a relatively permanent water (RPW), which flows into the Swannanoa River and then flows into the French Broad River, a traditionally navigable water (TNW) and Section 10 water downstream of the Wilson Road Bridge just south of Brevard, NC. The French Broad River merges with the Holston River to form the Tennessee River. The Tennessee River drains into the Mississippi River before entering the Gulf of Mexico. Camp Branch, in the permit area, has perennial flow, is a blue line feature on the USGS topographic map, and exhibit indicators of ordinary high water mark.